Complaint Language
Fill in the blank:
Did ________ in any place knowing that he is not licensed or privileged to do so
Enter OR Remain
"Knowingly violate a protective order issued under this chapter, or RSA 458:16, III, or any foreign protective order enforceable under the laws of this state"
Violation of protective order (RSA 173-B:9)
What is the proper attire to testify in?
1) Patrol Uniform
2) Business Attire
What doesn't belong in the following language (hint 2 different unnecessary elements are alleged):
KNOWINGLY drive a motor vehicle, to wit, green 2012 Subaru Outback with NH135286, upon a way, to wit Storrs St, after the defendant's license had been suspended on 1/1/26 by the DMV
1- 2012
2- NH135289
"Knowingly gives or causes to be given false information to any law enforcement officer with the purpose of inducing such officer to believe that another has committed an offense "
False Report (RSA 641:4)
What do you do when there is an objection?
STOP talking
What element is missing from this FELONY complaint language:
"Recklessly engage in conduct which place or may place another in danger of serious bodily injury; in that the defendant drove their motor vehicle directly at John Smith and nearly striking him"
Fails to allege that the motor vehicle is a deadly weapon
(RSA 631:3- "Reckless conduct is a class B felony if the person uses a deadly weapon as defined in RSA 625:11"
"Enter or remain unlawfully in a building or occupied structure, or separately secured or occupied section thereof, with purpose to commit a crime therein, unless the premises are at the time open to the public or the actor is licensed or privileged to enter"
Burglary (RSA 635:1)
Does the microphone at the witness stand amplify your voice?
No, the microphone is only for recording purposes
Based on the following language, what should the officer charge:
"Exercise unauthorized control over the property of another, to wit bota box wine the property of Shaws; in that the defendant took said merchandise and passed all points of sale without paying"
Theft by Unauthorized taking, NOT receiving stolen property
"Purposely or knowingly causes bodily injury or unprivileged physical contact against another by use of physical force "
DV Simple Assault
What should you do before you are called to testify?
READ your report
Whats wrong with the following FELONY complaint language:
"Exercise unauthorized control over the property of another, to wit a TV and TV stand the property of Walmart, with a purpose to deprive them thereof; in that the defendant took said merchandise and passed all points of sale without paying and said merchandise being valued at $1,000"
Value isn't enough, RSA 637:11-
Theft constitutes a class B felony if:
(a) The value of the property or services is more than $1,000 but not more than $1,500
"Obtain or exercise unauthorized control over the property of another with a purpose to deprive him thereof"
Theft by Unauthorized Taking
What do you say when you cant remember something but know its in your report?
1) I cant recall at this time, but my report would have the information
2)I would need to review my report
3)My recollection is exhausted at this time