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detective test > DIRECTIVES - STUDY GUIDE > Flashcards

DIRECTIVES - STUDY GUIDE Flashcards

0
Q

What agency will have the primary responsibility and Authoruty for the investigation and examination of all crime scenes.

A

The agency with investigative jurisdiction.

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1
Q

Who has the responsibility for protecting a crime scene

Who has the primary responsibility and authority for the protection and security of all crime scenes.

A

All police department personell regardless of rank.

The operations bureau.

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2
Q

Prior to any search for evidence at a crime scene located on private property. What must be obtained.

A

A search warrant.

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3
Q

Who will only search a crime scene for evidence.

Who can assign other personnel to help

A
  1. The assigned investigator and
  2. Personell from the mobile crime detection unit.

The investigative unit supervisor

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4
Q

Who may a police officer allow to enter a crime scene

A
  1. Police officers necessary to safe guard the scene
  2. Officers and fire rescue personnel transporting the injured.
  3. Investigative unit personnel.
  4. Crime scene unit personnel.
  5. Medical examiners officer personnel.
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5
Q

Who may NOT ENTER A crime scene.

A

Supervisory and command personnel not involved in the investigation

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6
Q

What must be obtained prior to searching or processing a crime scene on private property owned or occupied by a suspect

A

A search warrant

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7
Q

What is the investigators responsibility at a crime scene

8.

A
  1. Keep headquarters updated.
  2. Notify a supervisor if mobile crime detection unit is necessary.
  3. Question witnesses and suspects away from the immediate crime scene area
  4. Arrange for transportation for victims witnesses or suspects.
  5. Provide CSU the information necessary for collection of evidence.
  6. Personally search the crime scene for evidence and contraband.
  7. Ensure evidence collected is put on a property receipt.
  8. Complete reports.
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8
Q

When will the mobile crime detection unit be utilized.

What must persons not under arrest give prior to being transported to headquarters.

A

For the recovery of existence that is not within the capabilities of the investigator.

Consent.

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9
Q

Absent exigent circumstances. How will evidence firearms be handled at a crime scene.

Where are evidence firearms take first.

Then taken to

A

Only upon the direction of the investigator or investigative unit supervisor.

Taken to the detective headquarters first for investigation.
Then to FIU.

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10
Q

Who will handle firearms found at the scene of a homicide or sexual offense.

A

The appropriate investigative unit.

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11
Q

Evidence firearms or ammunition are NEVER wrapped, bagged , or sealed in what

A

Plastic.

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12
Q

How will evidence firearms be wrapped if that is necessary.

How will firearms recovered submerged in water be submitted to FIU.

A

In paper or in a Carbonaro box.

Submitted submerged in water inside a watertight container. When possible

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13
Q

What must you do with s firearm prior to submitting it to FIU.

What if the investigator requests the firearm to be submitted loaded.

A

Unload the firearm and all magazines.

The operating mechanism must first be immobilized, then securely wrapped and clearly marked

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14
Q

How to develop latent print impressions.

A
  1. Brush them lightly with prepared powders contrasting in color with the background of the surface being dusted.
  2. Lift the powder trading by applying transparent tape having the adhesive surface over the print.
  3. Seal the print on a latent impression card.
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15
Q

The determination concerning when a search warrant just be obtained will be based off what.

2

Where are all search warrant applications submitted to for review prior to being submitted to a judge.

A
  1. Pertinent legal guidelines.
  2. Consultation with a supervisor.

The district attorney’s charging unit. (DACU).

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16
Q

What is the purpose of a search warrant.

3.

A

To search and seize :

  1. Contraband, fruits of a crime , or things otherwise criminally possessed. Or
  2. Property which is or has been used as a means of committing a criminal offense.
  3. Property which constitutes evidence of the comission of a crime.
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17
Q

What is the procedure for obtaining a search warrant.

A
  1. U have thoroughly investigated a complaint and gathered information to convince a disinterested party that probably cause exist to justify a search.
  2. Consult with your highest ranking supervisor.
  3. Prepare the affidavant
  4. Fax it to DACU for approval.
  5. Obtain a record of declination form from the Ada if the affidavit is disapproved of significantly modified.
  6. Write DACUs approval in the margin and include Ada’s name date and time.
  7. Keep the approved faxed copy for discovery package.
  8. Present the original affidavant to a judge and testify to its accuracy.
  9. Make no corrections once the judge has it.
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18
Q

What should u obtain from DACU if the affidavit is disapproved or significantly modified.

When is that not needed.

Can search warrants signed by a judge be voided.

A

The record of declination

If there are only handwritten notes to strengthen probably cause.

No. Never.

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19
Q

Search and seizure warrants not served within a specified period of time MUST BE VOIDED. what is the specified period of time.

Can you orally add information to an application for a warrant.

A

Two days from the date of issuance.

NO.

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20
Q

The premises or person to be searched and the items to be seized MUST BE what………..
WHY.

A

Specifically described in the warrant.

So that the judge and officer have no doubt as to who or what can be seized and where they may be found

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21
Q

What is probable cause.

A

The existence of facts and circumstances that would justify a person of reasonable caution to believe that

  1. And offense has been or is being committed.
    2 that the particular person or item to be seized is reasonably connected to the crime and
  2. That the person can be found at a particular place or the item can be found in the possession of a particular person or at a particular place.
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22
Q

What should the warrant include.

9.

A
  1. Description of the building.
  2. Description of the person.
  3. The name and description of the owner , occupant , or possessor of tie premise or property to be searched.
  4. The particular crime that has been committed.
  5. What probable cause exists for a search.
  6. Surveillance gathering.
  7. Reasons for believing that the item or person are located at the premise.
  8. Facts known to the officer.
  9. If a nighttime warrant is requested.
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23
Q

Between what times of day must a search warrant be executed.

A

Between 6:00AM AND 10:00PM.

24
Q

Between what times of night is a nighttime search warrant executed.

If a judge approves a nighttime warrant. What must he add to the warrant.

A

Between 10:01pm and 5:59am.

He must specifically note nighttime warrant on it and must sign his name in the bottom right corner.

25
Q

What must the judge complete for every search warrant affidavit.

A

The JURAT

26
Q

When does the judge not need to complete the JURAT.

A

When a 75-51 is used and its JURAT is already completed

27
Q

How many times will the signature and seal of the issuing Authoruty of a search warrant appear

A

Two times.

28
Q

What have the courts decided to use as a standard for Search warrant applications based on informants or third party persons

A

The test of the totality of the circumstances.

29
Q

For warrants based off of informant information what should be included in the application.

A
  1. Documentation of past use of the informant.
  2. Number of times the information provided proved truthful.
  3. Number of times past information led to arrests and convictions.
  4. How often the information has been used.
  5. Type of investigations in which the informant supplied into.
  6. Whether the informant has admitted his own criminal conduct in the course of supplying into.
30
Q

When obtaining a search warrant based off an informant what is the most important info to include in the application.

A

Detailed knowledge of the informants personal information such as.

  1. How when and where and from who the informant obtained his info.
  2. What informant heard touched tasted smelled or observed.
  3. Exactness of locations, descriptions dates times etc.
31
Q

When must a search warrant be served.

What are the daytime hours.

A

During daytime hours.

Between 6:00am to 10:00pm.

32
Q

What is the purpose of the KNOCK AND ANNOUNCE RULE when serving a warrant

A

The purpose is to

  1. prevent violence and physical injury to police and occupants.
  2. To protect an occupants expectation of privacy.
  3. To prevent property damage resulting from forced entry.
  4. To give the occupants an opportunity to surrender.
33
Q

What must an officer do when serving a warrant before entering.

How long should an officer wait before entering forcibly.

How long is accepted by courts

A

Give or make reasonable effort to give notice of his identity, Authoruty , and purpose.

A reasonable amount of time.

30 seconds.

34
Q

What are the exceptions to the knock and announce rule.

A
  1. When the occupants remain silent after repeated knocking and identification by police.
  2. When police are certain that the occupants know they purpose.
  3. When police believe that knocking would imperil their safety.
  4. The police have reason to believe that evidence is about to be destroyed
35
Q

On every occasion when a search warrant is executed what will police give to the occupant or owner.
2

If no one is present.

A
  1. Warrant information card.
  2. Copy of the search warrant.

Leave a copy in a conspicuous location

36
Q

During a search warrant if there is damage to property or the warrant is served on the wrong location. Who is notified immediately.

A

Police radio.

37
Q

After executing the warrant what must be done.

A
  1. Generate an incident complaint
  2. Put on there warrant number.
  3. Method of entry.
  4. Results of search.
  5. Damage to property.
  6. Wrong location.
  7. Exigent circumstances.
38
Q

To arrest a person inside their place of residence what is needed.

A

An arrest warrant

39
Q

To arrest an individual who is located in a place of residence other then his own. What is needed to search for an arrest him.

A

An arrest warrant and a search warrant.

40
Q

What is needed to arrest an individual regardless of location of residence and search for evidence.

A

An arrest and search warrant

41
Q

Factors that are considered by the courts for exigent circumstances to make a warrantless arrest.
7.

A
  1. The reasonable belief that a threat if physical harm to police or it here exists unless an arrest is made immediately.
  2. The seriousness of the offense.
  3. A reason to believe the suspect is on location and committed a crime.
  4. The likelihood that the suspect will escape.
  5. A hot pursuit.
  6. The manner of entry. -force trickery.
  7. Any arrest for a crime which is committed in front of the officer.
42
Q

When do exigent circumstances NOT exist.

A

When the officer creates their own emergency. By being in w place they are not legally permitted to be

43
Q

When getting permission for a consent to search what must the consent be

A

1 knowing

  1. Voluntary.
  2. And informed choice by the individual to be searched.
44
Q

When is the only time officers should use s consent to search.

A

When less then probable cause exists to conduct a warrantless search or secure a search warrant.

45
Q

What officer must approve a consent to a STRIP SEARCH of a person.

What officer must approve a consent to a BODY CAVITY SEARCH.

A

Must be approved in writing by the highest ranking supervisor available.

Must be approved in writing by a Leuitenent or higher ranking supervisor.

46
Q

Must consent to search be given in writing

A

No.

47
Q

When is the only time a consent to search must be done in writing.

A

For a strip or body cavity search

48
Q

What should officers consider from a person who is giving a consent to search.

What is never a factor when giving consent

A
  1. Their mental competence.
  2. Whether they r under the influence of drugs or alcohol.
  3. Their age.

Minority status

49
Q

Factors that the court will consider when upholding a consent to search.

4.

A
  1. That a statement has been made consenting to the search.
  2. That consent has been given by the owner of the property.
  3. Or consent is given by a third party who has Authority.
  4. Consent is given voluntarily and is not the result of duress or coercion by police.
50
Q

What factors indicate to a court that consent was voluntary it given.

A
  1. The consenting party was not in police custody at the time of consent.
  2. The consenting party’s custodial status was voluntary when consent was given.
  3. The consenting party believed police would not find any contraband.
  4. The consenting party was aware of his right to reuse.
  5. Police informer him of what they were searching for.
  6. Person signed a consent to search.
  7. The person assisted in the search
51
Q

Factors which suggest to the court that consent was coerced by police.

A
  1. The presence of abusive actions
  2. Police used trickery or deception to gain consent
  3. Statements or actions by police indicting that the person was not free to refuse.
  4. Consent is given while in police custody.
  5. Police blocked or impaired persons freedom of movement.
  6. Consent was granted after initially refusing.
52
Q

When getting a consent to search police will always provide the party with the following warnings.
2.

If the person is already in custody what additional warnings must be given.
3.

A
  1. The person has the right to request a search warrant.
  2. The person has the right to refuse to consent.
  3. Items found will be confiscated and used.
  4. They have the right to consult with an attorney first.
  5. They have the right to withdraw consent at any time
53
Q

Factors for the scope of the consent to search.

A
  1. The officer may not exceed the limits of the search.
  2. Consent may be revoked at any time.
  3. Police may not open locked containers without permission.
  4. If consent is given to search for a specific person or item , then police may only search in those places such items can be found
54
Q

When may a strip search be conducted on a person.

A
  1. When they are lawsuit in custody. And
  2. Police can identify specific factors which establish REASONABLE SUSPISCION that the person possesses s weapon or contraband.
55
Q

When may a body cavity search be conducted.

What is the exception

A
  1. When a person has been lawfully taken into custody and
  2. Police have obtained a search warrant establishing probable cause.

If consent is given

56
Q

Strip searched and body cavity searches will NEVER be considered for

3.

A
  1. Traffic violations only.
  2. Investigatory stops only.
  3. Summary offenses requiring only the issuance of a citation where the person is immediately released
57
Q

Where and by whom may a body cavity search be conducted

Who will be present.

A

In a medical facility and only by a licensed physician.

In private and in only view of :
Only a physician, medical staff, and an officer of the same sex.

detective test (121 decks)

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