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NPD Policies > 320.10: Legal Process > Flashcards

320.10: Legal Process Flashcards

1
Q

True or False: Sworn Department Officers are authorized to execute search warrants anywhere in RI with the authorization of the OIC?

A

True

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2
Q

When making an arrest, an Officer must announce they are a PO and do what else?

A

either show the warrant to the suspect or;

inform suspect of the charges

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3
Q

Who can sign arrest warrants as complainants?

A

Lieutenants or Higher and members of CID

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4
Q

It is preferable that warrants be obtained prior to making an arrest, when time and circumstances permit. When can Officers make warrant-less arrests:

A
  1. Felony Arrests
  2. Misdemeanors where Officer believes suspect cannot be arrested later or may cause injury to himself or others, or damage or loss of property if not immediately arrested
  3. Domestic 24 hour rule
  4. State law violations where there is a need to establish positive identification (cannot detain for more than 2 hours in order to establish ID)
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5
Q

When can an Officer make a custodial arrest for a City Ordinance Violation?

A

only those ordinances which carry a potential jail sentence

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6
Q

When can an Officer enter a suspects home without legal consent or an arrest warrant to make an arrest?

A

if there is a threat posed by the suspect to the lives and safety of the public, the police or to the suspect

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7
Q

When can an Officer enter the residence of a third person without consent of that person or without a search warrant to make an arrest or search that residence for the suspect?

A

if there is a threat posed by the suspect to the lives and safety of the public, the police or to the suspect

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8
Q

If an Officer has information that a suspect is in another state and the AG authorizes extradition, what procedure is to be followed?

A

1 Notify agency with jurisdiction

  1. Send message via NLETS stating crime for which suspect is wanted and confirming extradition
  2. If located, the fugitive will be brought before the proper court i which the jurisdiction they were found
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9
Q

What happens when a fugitive waives extradition?

A

Officers take the suspect into custody and return him to RI immediately

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10
Q

What happens if a suspect fights extradition?

A
  1. Notify RIAG Extradition Department

2. they will initiate extradition proceedings and prepare a Governors warrant

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11
Q

Search Incident to arrest is an ____________ to the warrant requirement

A

exception

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12
Q

For a search incident to arrest to be valid, what must be true?

A
  1. Arrest must be lawful

2. Search can only be made in the immediate area within the control of the person being arrested

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13
Q

Why is a search incident to an arrest permitted?

A
  1. Protect the arresting officers and others
  2. prevent escape or suicide
  3. seize contraband or evidence of crime
  4. prevent destruction of evidence
  5. provide inventory of those items on the person or in his/her possession at time of arrest
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14
Q

Can everything on an actual person be searched as a result of a search incident to arrest?

A

Yes, including purses, suitcases, etc.

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15
Q

What are the rules when searching the passenger compartment of a motor vehicle as a result of search incident to arrest when the suspect was inside the vehicle?

A
  1. Arrestee is within reaching distance of vehicle

2. Its reasonable to believe offense related evidence might be found in vehicle

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16
Q

What parts of the vehicle can be searched as a result of a search incident to arrest?

A

passenger compartment only

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17
Q

Can a locked container in the passenger compartment be searched as a result of search incident to arrest?

A

No, only open or closed but unlocked containers can be searched

18
Q

Can a trunk or engine compartment be searched based solely on search incident to arrest?

A

no

19
Q

If probable cause exists that there is contraband or evidence of a crime in a vehicle not related to the crime for which the arrestee was arrested, can an officer conduct a search based on that PC?

A

yes

20
Q

Who can sign search warrants, according to this policy?

A

Lieutenants or higher

An member assigned to CID

21
Q

What are the 4 types of items for which search warrants may be issued?

A
  1. Fruits of crime
  2. Contraband
  3. Instruments of a crime
  4. Other evidence
22
Q

What are the “Fruits of a crime?”

A

Material objects acquired by means or in consequence of the commission of the crime

23
Q

What is “Contraband?”

A

Items kept, concealed or possessed in violation of the law or items kept for the purposes of violating the law

24
Q

What are “Instruments of a Crime?”

A

Items, which will aid or have been used in the commission of a crime, such as weapons or burglary tools

25
Q

What determines the scope of the search of a search warrant

A

the language

26
Q

What are the exceptions to the search warrant rule?

A
  1. Search incident to arrest
  2. Plain view
  3. Consent Search
  4. Search of a vehicle where PC exists to believe the vehicle contains evidence of a crime
  5. A Search of Abandoned property
  6. Exigence
  7. Seizure of weapons after a stop and frisk where the officer has reasonable and articulable reasons to fear for their safety
    8.
27
Q

What are the factors used to determine exigency?

A
  1. Seriousness of the offense committed
  2. Is it reasonable to consider the suspect armed and therefor dangerous
  3. More than the minimum of PC to believe the subject committed the offense
  4. Strong reason to believe the subject is still on premises
  5. The likelihood the subject will escape if not immediately apprehended
  6. reason to believe an injured person may be on premises
  7. In any and searches authorized by state and federal constitutions.
  8. Where no reasonable expectation of privacy exists (sidewalks, pathways etc)
  9. Open Fields
28
Q

What is the 2 prong test for Terry V. Ohio (stop and frisk)?

A
  1. Officer may detain a person based on reasonable suspicion

2. Officer reasonably believes that person is armed and dangerous

29
Q

What is a Terry Pat searching for?

A

weapons

30
Q

What is an “Open Field?”

A

unoccupied or undeveloped area outside of a home, that is outside the area immediately adjacent to a home (curtilage) and is not an office or commercial structure

31
Q

Must the complaining Officer on a search warrant be present during the search?

A

yes, other than the Officer in charge of prosecution

32
Q

Who is responsible for the execution of a search warrant?

A

OIC of Patrol/Detectives or their designee

33
Q

How many uniformed Officers should be present during a search warrant?

A

at least 2, if possible

34
Q

True or False: Whenever possible a female Officer should be present during a search warrant?

A

true

35
Q

When can a “no knock” entry be made?

A

When there is Reasonable Suspicion that knocking and announcing their presence would be:

  1. dangerous and futile or;
  2. inhibit the effective investigation of the crime (ex. suspect could destroy evidence)
36
Q

What is a “high threat”search warrant?

A

a search where there is reliable intelligence that the persons present are armed or have threatened to use force to counteract police intervention

37
Q

The complaining officer will leave the property owner a detailed ________ ______ _______.

A

return of service

38
Q

What is the exception to the rule that NPD does not serve civil process or writs of seizure?

A

Serving protective orders pursuant to the Domestic Violence Prevention Act of the RIGL

39
Q

Who is eligible for the Adult Diversion Program?

A

Non-violent first offenders charged with a felony

40
Q

What other factors may disqualify someone from the Adult Diversion Program

A
  1. lengthy juvenile record
  2. a finding of guilt on 2 or more misdemeanor charges
  3. lengthy arrest record regardless of a finding of guilt

NPD Policies (27 decks)

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