DP353, DP322, DM452, DP703, DP 708, DP520, DP314 Flashcards
Examples of federal jurisdiction of FBI 6
Aircraft crimes fugitives enviromental violations narcotics trafficking health care fraud telemarketing violations DP353
DEA threshold amounts
100 plants or 500 lbs weed coke - 2.2 pounds or 1 kilo crack - 50 gr unless with gun or gang 5 grams 100 gr meth or heroin DP353
firearms that are exceptions
weapons anufactured prior to 1898 or replicas of antiques
DP353
When contact ATF within 24 hours?
ex-felon possession firearm
dope and firearm with threashold amounts
DP353
Do we arrest for federal immigration laws?
NO, if no other law exists, FI and foward to INS
DP353
DP322 read again “search and seizure”
read again
Exigent circomstances
officer can’t create
no speculation must be able to specific and articulable facts
must have PC that contraband or evidence of serious crme will be found inside
DP322
If officer lacks PC or exigent circomstances..
Cant use:
nonconsentual warrantless entry or
order occupants to come outside
DP322
Nevada supreme court 5 considerations for prevention of the distruction of evidence…
degree of urgency and amount of time to get warrant
RS contraband about to be removed
danger to guarding officers
info that possessors of contraband know PD is on trail
destructibility
DP322
Destructibility of contraband
“that efforts to dispose of narcotics and to escape are characteristic behavior of persons engaged in the narcotics traffic”
DP322
When gaining consent who is the burden of proof on?
Government, must not be under duress or coercion
DP322
5 Factor of Consent:
threatened with custody show of force notified has right not to consent Miranda Told SW could be obtained DP322 Totality of circumstances
UC consent
Can use deceit to get in but not to search
DP322
person must know intent of entry
Emergency Doctrine 3
believe emergency and need of immediate assistance
not motivated by arrest and seizure
PC ish that emergency is in location to be searched
DP322
Special needs Doctrine 3
Protective orders officer can make entry with consent of victim party
Shall ask supervisor to see if entry should be made
Entry should not be made if cannot be peaceably
DP322
Where does the protective sweep extend to ?
Not necessarly the entire residence
Only areas adjoining
If beyond ajoining speces must have reason
More dificult to justify when non-violent crime (poss stolen property)
DP322
Requirments to Plain view 3
Lawfully at position where you can see it
plain view
immediately incriminating
DP322
Vehicle frisk for weapons, when?
IF officer has specific and articulable facts taht dangerous wepaon exists
DP322
Scope of PC vehicle search
May look in all unlocked containers, if locked may seize and get SW
Search to same extent judge would allow in a SW
DP322
Will not seize perpety if:
Owner - no permission, stolen, no knowldege, did not commit felony Conveyance is Value is $7500 or less value of property is less $2000 currency less than $500 DM452
179.121 - conveyance to be seized if:
used or intended for use during felony
DM452
453.301 - provided used or intended;
transprot or any manner facilitate the transportation
DM452
Some property that may be seized if directly or indirectly derived from commision of any felony: 6
Real property imporvement of real property tangible or intangible personal property Conveyance inlcuding aircraft or vessel money proceeds DM452
If an officer seizes a vehicle what must he do:
Seizure Notice form
pink copy to person
vehicle and all contents except valuables (evidence vault)
evidence tag to keys
leaves keys in drivers seat, does not lock doors
forwards copy to seizure detail
DM452
When records bureau gets seizure/ forfeiture notice must
forward copy with yellow copy attached to city attorney’s office
DM452
Tire deflation device
desigend to controlled release, permits driver to remain in control
DP703
When will tire deflation device NOT be used 3
motorcycles
transporting prisoners
driver using vehicle as deadly weapon, unless effective cover available
DP703
Needs supervisor authroization and approves location
approves blue team
What will supervisor do if uninvolved citizen vehicle damaged with stop stickes? 3
Offer/ make transport for citizen
offer to tow vehicle to repair facility or locating of their choice
contact risk managment, tell citizen how to contact RM
DP703
How to replace stop sticks?
return stop sticks and copy of blue team with serial # to supply
DP703
High risk stops are they Terry detentions?
Not necessarly, PC not needes just reasonable
DP316
Unmarked vehicles in high risk stops
will not usually as primary or secondary
does not prevent UC vehicles behind 1st and 2nd or handle traffic control
DP316
Supervisor on high risk stop 4
responds to stop location traffic control as needed supervises high risk stop as needed makes notifications as necessary DP316
When can an officer transprot in a life saving situation?
life saving and supervisor approval
DP708
If motorist does not need assitance:
advise communications
take reasonable steps to insure safey of vehicle, flares, cones move off roadway
DP520
Vehicle pursuit
Immediate danger to officer or public any LE officer can initiate vehicle Must have RS taht felony Crime WILL NOT for Misd traffic DP314
Vehicle Pursuit considerations 10
offense current driver behavior time road/ weather other risks knowledge ID risk of harm is escape availablity of assistance Effects of persuit on drivers actions innocent 3rd party inside suspect vehicle PD314
Who can terminate pursuit?
any involved officer or ranking supervisor
DP314
supervisors will be held accountable for persuit
When air support is involved?
primary becomes secondary
only 2 units involved
DP314
Primary pursuit responsibilities
stays with vehicle if abandoned, controls pursuit until supervisor
DP314
supervisor ensures air support request
Where does a vehicle pursuit blue team go?
Immediate supervisor, division commander (reviews), DC of operations, if appropriate Chief sends to IAB
DP314
