BART Flashcards

1
Q

L 2602

A

Objectively reasonable force is that level of force which is appropriate when analyzed from the perfective of a reasonable officer possessing the same information and faced with the same circumstance as the officer who actually used force. Objective reasonable force is not judge in hindsight, and will take into account, Where appropriate, the fact that officer must make rapid decisions regarding the amount of force use in tense, uncertain, and rapidly evolving situation.

Things to be considered where using force:

  • severity of the crime.
  • suspect possesses immediate threat to the officer or others.
  • the suspect/subject is actively resisting.
  • trying to evade arrest by flight.
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2
Q

L 2638

A

An officer may discharge a firearm under the following circumstances:

  • when discharge is a safe manner at an approve range.
  • when used for the humane destruction of a seriously injured animal, or to dispatch any animal that posses and immediate threat to any person or other animal, and other disposition is impractical.
  • when deadly force is objectively reasonable in self defense or in defense of another person’s life.
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3
Q

L 2641

A

Firearm discharge will not be discharged at the following circumstances:

  • at a misdemeanor crime who do not pose imminent danger of death or serious physical harm to other persons.
  • to affect the capture, prevent escape or rescue of, a suspect whom the officer has reasonable cause to believe has committed a felony which did not involve the use or threat to use deadly force.
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4
Q

L 2643

A

When force is used by an officer. The officer must complete a general offense crime report or a narrative/supplemental report which includes the automated use of force template. The officer must document the following in his/her report:

  • the reason for the police response, or self initiated detention/arrest of the suspect.
  • the behavior of the suspect that cause the officer to use force.
  • the type of force use. ( verbal or physical tools, techniques or tactic used by the officer.)
  • the extent of injury of any person, and post-force care provided.
  • other relevant information regarding the circumstance of the use of force by the officer.

Except officer involved incident, the homicide unit will interview the officer and complete the necessary paperwork that includes the automated force template.

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5
Q

Probable cause

A

Probable cause is defined as the reasonable belief that a person has committed a crime.

An officer can arrest a person, obtain a search or arrest warrant based on probable cause.

Probable cause is higher than an officer having a reasonable suspicion. An officer can only detain a subject based on trainable suspicion.

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6
Q

L 3302

A

Detention

If an officer has reasonable suspicion that a suspect has committed a crime, is about to commit a crime, or commuting a crime, has authority to detain or stop that individual and conduct a street check. The following elements must be present before a street check is authorize:

  • the officer has reasonable suspicion that an unusual or out of the ordinary activity is or has taken place.
  • there is some indication that the person under suspicion is associated or connected to the unusual activity.
  • the unusual activity is associated to a crime.
  • all three elements stated above must be prevent for an officer to detain and conduct a street check.
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7
Q

L 2802

A

(836 PC) authority for an officer to make an arrest

  • when an officer has probable cause to believe that the person to be arrested has committed a public offense in the officer’s presence.
  • when a person committed a felony, although not in officer’s presence.
  • when an officer has probable cause to believe the suspect has committed a felony, whether or not the suspect has committed the felony crime.
  • when directed by a magistrate or judicial order.
  • when a person to be arrested has escaped from a place of detention or custody.
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8
Q

VTA 98.11.2.4.3.2

$50 fine

A

Parking limited to passenger/employee using the transit service.

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9
Q

VTA 98.11.2.4.3.1

$50 fine

A

Parking 72 hours time limitation

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10
Q

VTA 98.1.4(b)17

$50 fine

A

Urinating or defecating in a transit facility or or in a transit vehicle

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11
Q

VTA 98.1.4(e)

$50 fine

A

Obstructing or interfering with vta patrons or impeding transit passengers.

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12
Q

374.4 PC (infraction)

$50 fine

A

Discard litter in a vta property

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13
Q

369i(b) pc (misdemeanor)

$50 fine

A

Trespass/rail road/transit property

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14
Q

99170(a) 5 public utility code

$25 fine

A

Commit any act or behavior likely to cause harm to person or property.

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15
Q

22500(I) cvc

A

A person shall not stop, park, or leave standing any vehicle whether attended or unattended, except when necessary to avoid conflict with other traffic or in compliance with the directions of a peace officer or official traffic control device, in any of the following places:

(I). Except as provided under Section 22500.5, alongside curb space authorized for the loading and unloading of passengers of a bus engaged as a common carrier in local transportation when indicated by a sign or red paint on the curb erected or painted by local authorities pursuant to an ordinance.

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16
Q

640(d)(3) pc

Infraction $250 fine

A

Urinate, defecate, on facility or vehicle

17
Q

10.12.010 sjmc

$25 fine

A

Drinking in public - city of San jose

18
Q

21641a vc.

A

Driver fail to overt sign or signal.

19
Q

L 4801

A

Search and seizure.

Search: a search is define as any intrusion by an officer into a legally a protected area of a citizen’s privacy for the purpose of recovering contraband and/or gathering evidence.

Seizure: a seizure is define as the taking into custody of a person’s property or other things possessed by such person.

An officer will normally conduct searches and seizures under the authority of a search warrant unless one or more of the following circumstance exist:

  • incidental to arrest.
  • incident involves a motor vehicle.
  • threats to life, property, or evidence.
  • when consent is given.
  • in plain view.
20
Q

647(f) pc

A

Drunk in public.

  • The defendant was willfully under the influence of alcohol or drugs or both
  • When the defendant was under the influence, he or she was in a public place
  • AND the defendant was unable to exercise care for his or her own safety (or the safety of others)
  • OR because the defendant was under the influence, he or she interfered with, obstructed or prevented the free use of a street, sidewalk or other public way
21
Q

L 6901

A

Accidents

Reportable traffic accidents:

  • fatality occurs.
  • an injury occurs where the injured driver needs the immediate hospitalization or
  • intends to self transport to the hospital for medical care after leaving the scene of an accident or the driver has a complaint of pain.
  • all hit and run accidents with suspect information or follow up information.
  • a drunk driver involve.
  • the vehicle accident involves city vehicle or occurred on a city property or property controlled by the city, or a vehicle or property controlled by another governmental agency that requires a completed report.
  • an arrest is made that was associated to the vehicle accident.
  • collision involved an aircraft or train.
  • if follow up is required.
22
Q

L 6902

Accident on private property

A

Private property are investigate under the following circumstance: