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2021 Detective > Detective test - Directives > Flashcards

Detective test - Directives Flashcards

1
Q

Who can/should a member report complaint of criminal conduct by member to?

A
  • Shift supervisor
  • Unit Manager
  • Any Assistant Chief
  • IA Captain
  • Independent Police Review
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2
Q

What is a member’s duty when observing criminal conduct by another member?

A
  • To reasonably intervene if safe and feasible and immediately notify their supervisor or listed individuals
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3
Q

What is the duty of a member who is the subject of a criminal investigation?

A
  • To ensure their direct supervisor, or on-duty supervisor is notified as soon as practical and no later than within 24 hrs
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4
Q

What is needed to close an investigation of a complaint determined to be without merit?

(Bureau member investigation)

A
  • A confidential memorandum to AC of investigations that details specific articulable facts to close the case

( * A case number for intakes of this nature)

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5
Q

What is the duty of the investigator when a preliminary investigation of member criminal conduct indicates need for further inquiry?

A
  • Question a Bureau member in accordance with collective bargaining agreement terms
  • Obtain (or cause to be obtained) a privatized and confidential case number from Records or Direct Entry
  • If obtained via Direct Entry investigator shall provide case number to Records within 72 hrs
  • Contact DA’s office (or appropriate office) for the assignment of a DDA to coordinate investigative and judicial proceedings
  • Conduct a complete and thorough investigation
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6
Q

What circumstances are needed for a member to be able to forcibly break into premises with a search warrant?

A
  • Refused admittance after notice of their authority and purpose
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7
Q

What circumstances are needed for a member to be able to forcibly break into premises to execute an arrest warrant?

A
  • Reason to believe the premise is the residence of the subject of the warrant; and
  • PC to believe the subject is within the premise; and
  • Refused admittance after notice of their authority and purpose
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8
Q

What circumstances are needed for a member to make emergency entry of any premise?

A

Reasonable bases to believe the entry is required to:

  • Prevent serious harm to any person or property
  • Render aid to injured or ill persons
  • Locate missing persons
  • Assist persons who are mentally incompetent/unable to care for themselves/unaccompanied by a competent party, and may be in a situation where their welfare is at risk
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9
Q

What is a member’s responsibility before and after making an emergency entry into any premise, (absent exigent circumstances)?

A
  • Notify a supervisor of the justifying circumstances

* Write a report explaining the justification

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10
Q

What is a detectives responsibility assigned to a crime scene?

A
  • Assume command of investigation
  • Ascertain from officers how far the investigation has progressed
  • Obtain detailed description of suspects and property for broadcast by BOEC
  • Interview witnesses or ensure officers have obtained thorough statements

(* keep witnesses separate)

  • Interview suspects
  • Request additional aid through supervisor if needed
  • Make formal report on the investigation (joint investigation of major crime)
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11
Q

What do you need to have “probable cause to search”

A
  • A substantial objective basis to believe:
    - a criminal offense is being or has been
    committed
    - items of evidence pertaining to that criminal
    offense are in a specific place sought to be
    searched
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12
Q

What items are subject to seizure for search:

A
  • Evidence of or information concerning the commission of a criminal offense
  • Contraband, fruits of crime, or things otherwise criminally possessed
  • Property used or possessed to be used to commit or conceal commission of offense
  • A person for whose arrest there is PC or who is unlawfully held in concealment (children held in violation of a court order and held in concealment from the court)
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13
Q

What are members’ responsibilities in regards to searches (of a person)?

A
  • Stay aware of current law
  • Have a member of same gender conduct search (if safe and tactical considerations permit)
  • For strip searches:
    • have it conducted by same gender as detainee
    • have a second officer monitor for witnessing
      and safety
  • Probing search of vagina/anus is only performed by medical personnel at medical facility
  • To document in notebook or report - reason for,
    nature of, and results of search
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14
Q

What could be the consequence of an unreasonable search?

A
  • Discipline
  • Suppression of evidence in court
  • Award of damages in civil court
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15
Q

What are member’s responsibilities when inventorying a vehicle that is being towed, and seizing items from that vehicle?

A
  • Give property receipt of all items seized to owner or custodian (or place in vehicle or give to tow operator)
  • If part of felony crime scene, member should consult with investigative sergeant prior to towing vehicle
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16
Q

When should a search warrant be obtained for a search?

A
  • Whenever there is time to do so

* Whenever there is any doubt about the necessity of obtaining one

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17
Q

For what items can a search warrant be issued for?

A
  • Evidence of, or information concerning, the commission of a criminal offense
  • Contraband, or items otherwise criminally possessed
  • Fruits of a crime
  • Property that has been used, or is possessed to be used, to commit or conceal the commission of an offense
  • A person for whose arrest there is PC or who is unlawfully held in concealment
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18
Q

What should an search warrant affidavit contain?

A
  • Clear and distinct description of place to be searched and items to be searched
  • Facts and circumstances that provide PC for the search, including:
    - Information justifying the search, and
    - Information leading to the belief that the objects  
  of the search are in the place or possession of 
  subject to be searched
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19
Q

What is needed if PC is relied upon hearsay information from confidential informant?

A
  • The information must be independently corroborated by either information demonstrating past reliability of informant, or by personal observation and corroboration
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20
Q

Who can apply for a search warrant?

A
  • Any police officer or DA
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21
Q

Where can a search warrant checklist be found?

A
  • PPB Intranet
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22
Q

Prior to issuance of any search warrant an investigator has to conduct a mandatory check of what?

A
  • A check through Oregon State Intelligence Network to ensure the warrant address is not the subject of an investigation by other agency
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23
Q

Who should review search warrant before bringing it to issuing magistrate?

A
  • A supervisor and then DDA from appropriate county
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24
Q

If a search warrant execution involves a potential threat to members or citizens what form is required to be filled out prior to execution?

A
  • Planned Operations Risk Assessment form - found on Intranet
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25
Q

Unless otherwise endorsed, during which hours should a search warrant be executed?

A
  • Between 0700 - 2200 hrs
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26
Q

For how long is a search warrant generally valid?

A
  • For five days after the date of issuance
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27
Q

For how long MAY a magistrate authorize execution of a warrant?

A
  • For up to ten days after its issuance
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28
Q

What needs to happen before entry onto any premises while executing a search warrant (unless no-knock is performed)?

A
  • Knock and appropriate notice of identity, authority and purpose to the person being searched or the person in apparent control of premises
  • Read and give copy of warrant to the person being searched or the person in apparent control of the premises
  • Affix copy to premises if unoccupied
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29
Q

What premises and items can you search pursuant to a warrant?

A
  • Only the premises and items specified in warrant
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30
Q

When must a search be terminated?

A
  • When all items specified in the warrant are discovered
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31
Q

If evidence of unrelated crime or unspecified in warrant is discovered inadvertently during search, can you seize it? If so, under what exception?

A
  • Yes, under the Plain view exception
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32
Q

Does a search warrant or residence or premise permit a search of all persons present during the time of search?

A
  • No,
  • but if there is PC to believe the person is carrying or concealing items which reasonably could be objects of the warrant, the person can be detained and searched to the extent necessary to determine this
33
Q

For how long may a member remain on premises in a search warrant?

A
  • Only during the time reasonably necessary to conduct the search described in the warrant
34
Q

After a search is executed a member will do what?

A
  • Leave copy of warrant and detailed property receipts of property taken (with owner, person in control, or in place where taken from)
  • Secure the place if no owner or person in control is available
  • File all affidavits, search warrants and returns with Circuit Court issuing judge
    • as soon as reasonably possible, but
    • no later than five days after execution or expiration of search warrant
35
Q

If the search warrant executed involved distribution or manufacture of controlled substances, prostitution or gambling, what does a member need to do?

A
  • Complete a Drugs and Vice Completed Activity Report and forward it to DVD (NOC)
36
Q

When do Miranda rights have to be advised of?

A

Prior to questioning subject about the crime, if subject is in custody or not free to go (in a compelling setting)

37
Q

What needs to be documented if translator or signer is used for advising of Miranda rights and questioning?

What should the translator/signer be advised to do?

A
  • Name, address, and phone number for translator or signer

* Advise translator/signer to document interaction for future legal needs

38
Q

What do you need to ask suspect and have them sign after advising of Miranda rights?

A
  • Ask if they understand what his or her rights are and answer any questions they have
  • Have subject sign the form indicating they understand their rights
39
Q

Is it OK to only have an oral statement as answer to Miranda question if the suspect signs form but refuses to make written statement?

A
  • Yes
    • Make notation on form that subject made oral
      statement
    • Can be recorded if subject consents to it or is
      informed prior to recording
40
Q

If a suspect initiates conversation after having invoked their rights, should they be considered to have waived rights by this?

A
  • No

- They should be asked if now willing to waive rights

41
Q

Can questioning proceed if suspect refuses to sign Miranda waiver but is willing to make statement?

A
  • Yes
    • Notation needs to be made about the refusal to
      sign form
42
Q

What do you do with a waivers after questioning?

A
  • Originals are to be placed as Evidence and sent to Property room
  • Copies of form is to be sent to Records
43
Q

What purposes are polygraph examination not to be used for?

Note there are certain exceptions to this in the PPA contract and Employee Protection Act and ORS

A
  • Develop PC
  • Arrest
  • Prosecution
  • Withholding of property
  • Employment purposes
  • Internal investigations
  • Examine sex crime victims as a condition of prosecution
44
Q

Who are inappropriate to subject to polygraph examination?

A
  • Subject with IQ lower than 70
  • Subjects younger than 14
  • Subjects under the influence of drugs or alcohol
  • Pregnant subjects
  • Subject with medical history including:
    - Prone to seizures
    - Respiratory illness
    - Recent major surgery
    - Recent serious injury
  • Subjects experiencing non-chronic pain
    - Such as headache or suffering from lack of
    sleep
  • Subjects who have suffered recent emotional shoch
    - Such as loss of a job
45
Q

Should a polygraph examination be conducted before a thorough criminal investigation is done?

A
  • No, the member should ensure a thorough investigation is done prior to examination
46
Q

Should a polygraph examination take place before all witnesses, victims, and suspects have been interviewed?

A
  • No, and subjects should be interviewed in person when possible
47
Q

What are all the things is a subject of a polygraph examination to be advised of beforehand by member?

A
  • Date, time, and location of examination
  • Examination will typically last three to four hrs
  • The exact nature of allegations
  • No attorneys or other individuals are allowed to be present besides interpreter and polygraph students (at the discretion of polygrapher)
48
Q

What should a responding member do in case of finding a dead body?

A
  • Confirm there are no signs of life
  • If any signs of life, request medical to scene
  • Contact ME’s office
  • Preserve body and evidence by cutting access for others to scene
  • Notify ME in case of suspicious circumstances
  • Remain at scene until ME’s arrival and be present for search
  • Assist ME in investigating conditions surrounding death
  • If physician signs death certificate in case of natural death, member shall provide any reasonable assistance requested by family
  • Notify relatives or friends of the deceased upon request by ME
49
Q

What should a responding member do in case of finding a dead body?

A
  • Confirm there are no signs of life
  • If any signs of life, request medical to scene
  • Contact ME’s office
  • Preserve body and evidence by cutting access for others to scene
  • Notify ME in case of suspicious circumstances
  • Notify supervisor of need for DVD or Homicide consultation
    - Possible overdose?
    - Possible homicide?
  • Remain at scene until ME’s arrival and be present for search
  • Assist ME in investigating conditions surrounding death
    - identify and collect evidence (after consultation
    with ME)
  • If physician signs death certificate in case of natural death, member shall provide any reasonable assistance requested by family
  • Notify relatives or friends of the deceased upon request by ME
  • Write report
50
Q

When does a death investigation become the responsibility of DVD (NOC)?

A
  • When presence of actionable investigative leads that offers a strong likelihood of identifying a suspect involved in the distribution of the drugs of an overdose death
51
Q

What is the member responsibilities in the case of a subject making a dying declaration, if subject’s condition does not permit waiting for a supervisor or detective?

A
  • Ensure subject is somehow aware of their impending death, by
    - asking subject in presence of witnesses if
    they believe they are about to die
    - taking verbal statement, or
    - signs, nods, pressure of hand or pointing to
    visible subjects or objects in answering
    leading questions
  • Have subject sign declaration and have it be witnessed, if possible
  • Record statement or substance of statement in notebook
52
Q

What should member in charge of crime scene do if informed by a physician that subject will not recover?

A
  • Immediately notify supervisor and Detective division
53
Q

Can a dying declaration be tape recorded?

A
  • Yes, if subject dying is informed
54
Q

Should a show-up be conducted in case an accused/suspect is in custody?

A
  • Yes, in the presence of witnesses
55
Q

In which child abuse circumstances shall a detective respond to the appropriate hospital?

A
  • A child has been sexually assaulted within the last 120 hrs and there is likelihood of obtaining evidence through SAK
  • A child is hospitalized due to a suspicious serious physical injury
56
Q

What are an officer’s responsibility in the case of responding to a child with physical injury?

A
  • Ensure designated medical professional conducts a
    medical assessment within 48 hrs, by:
    • Contact CARES - NW via phone or email, or
    • Advise responding detective of physical injury
      and need for medical assessment within 48 hrs, or
    • in the absence of detective, advise DHS Hotline of
      the injury and the need for medical assessment
      within 48 hrs
  • Facilitate an ambulance transportation (emergency) or (non-emergency) transport the child to hospital (preferably with another member, if feasible and notify supervisor of transport)
57
Q

In which child sex abuse situation shall a member request for their supervisor to contact CAT?

A
  • A child has been sexually assaulted within 120 hrs
  • The victim is under 14 years of age and the suspect is a non-family member
  • The victim is under 18 years of age and the suspect is a family member
58
Q

What are the obligations of an officer who have reasonable cause to believe a child is sex abuse victim and physical evidence of the abuse is likely to be destroyed?

A
  • Officer shall seek a physical examination for the child pursuant to sexual assault investigations
  • Request response of SAVA to the hospital (via BOEC)
59
Q

What age does a child have to be for an officer to take the child into protective custody after the child’s or child’s guardian refuses to allow medical evaluation in the event of the child is suspected to be victim of sexual abuse?

Who shall officer contact for assistance with this?

A
  • Under the age of 12

* Contact should be made with Detectives and DHS

60
Q

In case of interview with child abuse victim, where is preferable to conduct interview?

A
  • CARES-NW or similar Child Forensic Interview Center
61
Q

Who shall members thoroughly interview in child abuse cases?

A
  • The subject to whom the child disclosed the abuse
62
Q

If necessary, when may a member interview a child in sexual abuse cases?

A
  • When child is 10 years old or over and only to establish a criminal allegation (otherwise referred to CARES-NW, assigned DHS personnel, or CAT detective)
  • If sexual crime occurred with 120 hrs (no matter age) and officer needs to determine need for immediate medical examination
  • If child (or other children) is at risk by perpetrator still within the home, and the officer needs to establish need for protective custody
63
Q

If necessary, when may a member interview a child in sexual abuse cases?

A
  • When child is 10 years old or over and only to establish a criminal allegation (otherwise referred to CARES-NW, assigned DHS personnel, or CAT detective)
  • If sexual crime occurred with 120 hrs (no matter age) and officer needs to determine need for immediate medical examination
  • If child (or other children) is at risk by perpetrator still within the home, and the officer needs to establish need for protective custody
64
Q

By whom and when should photographs of an abused child be taken?

A
  • Photographic evidence may be obtained by the responding member, detectives or the investigator, FED, criminalists from participating agency
  • Members should coordinate with DHS to secure photographic evidence, and anogenital injuries may only be photographed by a medical provider
  • All photos should be taken immediately
65
Q

What are the key components for a member responding to a call of sexual exploitation involving visual recordings of sexual conduct of children?

A
  • Determine the media on which recordings exist
  • Prohibit any person from further viewing or distribute recordings
  • Inform individuals who have evidence to not delete from their devices before FED can extract
  • Seize evidence (legally)
  • Interview witnesses who observed the recordings
  • Notify CAT supervisor
66
Q

When is a SCU detective to be assigned in a sexual assault investigation?

A
  • When the victim is 14 or older and the perpetrator is non-family member
  • When the suspect is in custody for:
    - Rape I
    - Sodomy I
    - Sex Abuse I
    - Unlawful Sexual Penetration I and II
67
Q

When is a CAT detective to be assigned in a sexual assault investigation?

A
  • When the victim is under 18 and the perpetrator is a family member
  • When the suspect is in custody for:
    - Rape I
    - Sodomy I
    - Sex Abuse I
    - Unlawful Sexual Penetration I and II
68
Q

When can a juvenile under 12 be placed in custody and taken to JDH?

A
  • Only when taken into custody for serious violent crimes

* Consultation should occur with supervisor and JDH

69
Q

When can a juvenile 12 and older be placed in custody and taken to JDH?

A
  • When, if the youth were an adult, the youth could be arrested without a warrant
  • When there is a warrant
70
Q

What should a member do with a 15, 16 or 17 year old placed in custody for a Measure 11 crime?

A
  • Transport to detectives for interviewing and processing
71
Q

What is detectives responsibilities when brought a 15, 16 or 17 year old placed in custody for a Measure 11 crime?

A
  • To coordinate completion of reports, fingerprinting, and photographing with FED, and confer with JDH
72
Q

How long can a juvenile be detained for?

A
  • No longer than 5 hours
73
Q

What are detectives responsibilities when a suspect is brought to their unit/holding cell by a member?

A
  • A notified detective is responsible for monitoring the suspect until relieved
  • Assigned detective will conduct formal interview and complete necessary phases of investigation
  • Arrange transportation to booking facility
  • Ensure all felony arrests are processed completely and forwarded to DA’s office by 1000 hrs next morning
74
Q

What categories of use of force shall be investigated by detectives?

A
  • Categories 1 and 2, if resulting in hospital admission

* A detective may respond if CEW was applied intentionally more than once

75
Q

What is included in use of force Category I?

A
  • Critical firearm discharge, except when authorized to stop aggressive animal or end suffering animal’s life;
  • In-custody deaths;
  • Death as a result of member’s use of force;
  • Carotid neck holds; and
  • All intentional neck, head and throat strikes with hard object or when member strikes a subject’s head against hard object
76
Q

What is included in a use of force Category II?

A
  • Force resulting in hospital treatment or admission, that is reasonably likely to cause enduring pain, physical injury, disability or impairment of any part, but does not result in death
  • All uses of force resulting in significant injury, including broken bone, injury requiring hospital treatment, injury deemed serious by supervisor
  • Any use of force by member causing hospital admission due to the member force
  • More than one simultaneous CEW application on one subject
  • Three or more CEW application on one person
  • CEW deployment on individuals who have actual or perceived mental illness, or who are in mental crisis
  • All launched impact munitions with contact
  • Impact weapon, with injury requiring hospital treatment
  • Firearm discharge to stop aggressive animal
  • Canine bites
  • Takedown that causes injury requiring hospital treatment
  • Riot control agents and/or area impact munitions
  • Force used upon restricted person (under 15, pregnant, medically fragile)
  • Force resulting in a loss of consciousness
  • Any strike, blow, kick, or similar use of force against a handcuffed, otherwise restrained, under control, or in custody subject with or without injury; and
  • Ramming as a vehicle intervention strategy
77
Q

Who shall investigate all negligent or unintentional discharges of a firearm?

A
  • Detectives
78
Q

Who shall investigate all negligent or unintentional discharges or less lethal weapons?

A
  • On duty supervisors
79
Q

What are the homicide detectives’ responsibilities in a deadly force or in-custody death investigation?

A
  • Request a voluntary statement and on-scene walk-through from the involved member (involved member is allowed to discuss request with on-scene attorney or union rep)
  • If member agrees, detective shall conduct complete and thorough interviews of involved members.
  • Ensure information necessary to complete use of force report is captured in voluntary interview and walk-through
  • Detective shall not compel a statement or walk-through
  • Direct any necessary witness members to provide an on-scene walk-through
  • Detective have discretion to audio record witness members’ statement during walk-through
  • Ensure sketches and diagrams are completed
  • Manage processing of evidence
  • Collect all firearms involved in incident
  • Collect any other weapons; and
  • direct criminalists to collect all evidence including members’ uniforms and outer clothing (duty belt) and retain as evidence until otherwise instructed by lead detective
  • Admonish uninvolved members from collecting any evidence from involved members when accompanying them to hospital

2021 Detective (10 decks)

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