EPOs Flashcards
Officer Liability EPO 1
Identify the elements, applicability, and scope of 42 USC 1983 and the Bivens Analogy.
provides a civil cause of action against state and local law enforcement officers who are acting under the color of law, deprive an individual of any civil rights.
bivens: grant applies to federal officers/agents
Officer Liability EPO 2
Recognize incidents of potential civil liability for Federal Law Enforcement Officers under state tort theories and the FTCA protection from individual liability.
N-failure to intervene
N-breach of that duty
N-causation
N-damages, pain & suffering, property damage
I-battery, assault, false imprisonment/arrest, emotional distress
I-trespass to land/chattel (personal property)
Officer Liability EPO 3
Recognize the most common incidents of civil liability for Federal Law Enforcement Officers under Bivens and the defense of qualified immunity.
N-assumption of the risk
N-contributory negligence
I-necessary risk
I-consent
FTCA covers LOEs when not under the color of law
Constitutional Law EPO 1
Identify how the US Constitution applies to law enforcement officer behavior.
the constitution limits government power and the bill of rights protects people from violating those rights.
Constitutional Law EPO 2
Identify the components of the criminal justice system that originate in the US Constitution.
Constitutional Law EPO 3
Identify the powers of the legislative, executive, and judicial branches of the US government.
legislative: makes laws
executive: enforces laws
judicial: interprets laws
checks and balances: certain degree of control over the other two.
Constitutional Law EPO 4
Identify the rights and privileges guaranteed to citizens by the first, fourth, fifth, sixth, eighth, and fourteenth amendments to the constitution.
1st - guarantees freedom of religion, speech freedom of press and dual right to assemble peaceably and to petition the government.
4th - prohibits unreasonable searches and seizures
5th - right to a grand jury, forbids double jeopardy and protects against self-incrimination
6th - right to a speedy trial, confrontation of witness, counsel, informed of the charges, venue
8th - reasonable bail amount nor cruel and unusual punishment inflicted
14th - fundamental rights in the bill of rights. if an officer conducts an unreasonable search they are violating this amendment.
Use of Force EPO 1
Identify and apply the legal issues associated with the use of intermediate weapons, such as striking instruments and chemical sprays.
force is necessary to control them. understand control vs compliance.
Use of Force EPO 2
Identify and apply the elements of “qualified immunity” and when a law enforcement officer sued for excessive use force is entitled.
tennessee v garner - two ways to get it:
- the force was constitutional
- that the law was not clearly established at the time
Use of Force EPO 3
Identify and apply the legal standards outlined in Graham v. Connor for the use of force during the seizure of an individual.
must be objectively reasonable.
Use of Force EPO 4
Identify and apply when deadly force is objectively reasonable.
5th & 6th Amendments EPO 1
Identify and analyze a valid Miranda waiver.
Voluntarily, intelligently and knowingly
5th & 6th Amendments EPO 2
Identify and analyze how the fifth amendment due process clause affects eye-witness identification procedures.
- the unduly suggestions
show-up: must be done promptly
photo array: at least 6 photos
line ups: at least 6 physical people
5th & 6th Amendments EPO 3
Identify and analyze how to proceed after a suspect invokes a Miranda Right.
- questioning must stop (brick wall)
5th & 6th Amendments EPO 4
Identify and analyze situations, other than custodial interrogation, in which the privilege against
self-incrimination is applicable.
In all cases when a person is in jeopardy of self incrimination.
5th & 6th Amendments EPO 5
Identify and analyze those situations when the Sixth Amendment right to counsel exists.
When triggered by: indictment, information or initial appearance, at any critical stage.
5th & 6th Amendments EPO 6
Identify and analyze when Miranda warnings are required.
5th & 6th Amendments EPO 7
Identify and analyze when the Fifth Amendment privilege against self-incrimination is
applicable.
anywhere a person can be incriminated.
exceptions: double jeopardy or immunity
Kalkins - gov. provides immunity but has to talk or can suffer repercussions
Criminal Investigations Case Management EPO 1
Identify the criminal investigator’s function in the investigative, judicial, and post-judicial
Management processes.
assisting the AUSA, conduct the investigation, criminal/civil asset forfeiture, get all info AUSA needs
Criminal Investigations Case Management EPO 2
Identify the elements of case management.
knowledge, ID potential defenses early in the investigation. organized/completed case file. legally obtained/secured evidence.
Criminal Investigations Case Management EPO 3
Identify the major goals of a criminal investigation and the steps required to achieve those goals
collect, preserve, process information. AKA conduct an investigation.
Authentication of IDs for Law Enforcement EPO 1
Recognize the various documents that are acceptable for U.S. Citizens and Foreign Nationals to present to officials as proof of identify.
Authentication of IDs for Law Enforcement EPO 2
Identify the security features found in the most common types of identity documents and the
techniques used to detect alteration and counterfeiting of security devices.
Authentication of IDs for Law Enforcement EPO 3
Recognize common methods for altering and counterfeiting identity documents.
Cross Cultural Communications EPO 1
Demonstrate and/or identify principal barriers to effective cross cultural communications.
- language
- ignorance of cultural norms
- prejudice
- ethnocentrism
Cross Cultural Communications EPO 2
Identify racial profiling (to include race, color, and perceived ethnic background) and the potential negative impact that it may have on effective law enforcement.
- tension between communities, minorities, LOEs
- increased fear and lack of trust of LEOs
- dilutes effectiveness of law enforcement efforts
- may cause indignation and embarrassment
- fosters a perception of police oppression
Cross Cultural Communications EPO 3
Identify skills for improving cross-cultural communication.
- willingness to listen
- an intention to effectively communicate while simultaneously remaining safe
- an ability to understand other points of view
- approachability
- empathy
- objectivity
- patience
- humility
- tolerance
- self-awareness
- understanding of non-verbal communication
- understanding of benefits/limitations of non-verbal communication
- accept that there are cultural differences and learn to respect this fact
Cross Cultural Communications EPO 4
Define “culture” and its major components.
- the collective way of life of the people in a group
- standards, perspectives and the physical objects that constitute our everyday lives
- shared set of understandings
- ways of living built by a group of humans
- learned and transmitted from generation to generation
Interviewing for Criminal Investigators EPO 1
Identify interview planning considerations.
Interviewing for Criminal Investigators EPO 2
Demonstrate and/or identify principles of non-verbal communication.
Interviewing for Criminal Investigators EPO 3
Demonstrate and/or identify verbal indicators of truth and deception.
- liars tend to omit or avoid incriminating details
- have less details altogether
- liars tend to take longer to answer
Interviewing for Criminal Investigators EPO 4
Demonstrate and/or identify planning considerations for a suspect interview.
- presumption: recorded
- custodial interviews
- place of detention/jailed
- timing
- scope of offenses and recording
- exceptions
Interviewing for Criminal Investigators EPO 5
Demonstrate and/or identify the procedures when conducting interviews with one or two law enforcement officers to include note taking.
Interviewing for Criminal Investigators EPO 6
Demonstrate and/or identify recommended questioning techniques.
Interviewing for Criminal Investigators EPO 7
Demonstrate and/or identify the suspect interview method.
- Rapport
- Baseline
- S.U.E.
Interviewing for Criminal Investigators EPO 8
Demonstrate and/or identify interpersonal and communication skills required to generate rapport and obtain reliable information.
Interviewing for Criminal Investigators EPO 9
Demonstrate and/or identify the principle components of “Psychological First Aid” techniques and the communication skills necessary for building effective relationships with victims and
witnesses.
Interviewing for Criminal Investigators EPO 10
Differentiate how victims’ rights and services are mandated by law.
Interviewing for Criminal Investigators EPO 11
Demonstrate and/or identify the law enforcement interview process.
Use of Force EPO 1
Identify and/or articulate the use of force in accordance with the constitutional standard.
Graham v Connor: Objective Reasonableness
Use of Force EPO 2
Identify factors that may cause unnecessary hesitation when an officer uses force.
- societal expectations
- agency policies
- belief in endless lawsuits
- media persecution
Use of Force EPO 3
Identify methods of overcoming unnecessary hesitation in use of force applications.
- understand the law
- understand agency policy
- positive imagery
- commitment - other than self
- reality based training
- personal appearance
Use of Force EPO 4
Identify the fundamentals of documenting a use of force incident.
- facts not conclusions (2 men had a gun that threatened me)
- training and experience
- matched the description - specifics
Use of Force EPO 5
Identify human performance factors that impact use of force responses.
- perceived risk from the threat
- time available to respond
- confidence in their skill set
- experience level with the threat
- fatigue
Human Trafficking EPO 1
Define human trafficking, including federal legislation.
Definition: compelling someone to work or to engage in a commercial sex act.
Fed Legislation: Trafficking Victims Protection Act (TVPA): created to ensure just and effective punishment of traffickers, and to protect their victims.
Human Trafficking EPO 2
Identify indicators of human trafficking.
Situational: locks, fences, physical violence/abuse, lack of access to docs, overcrowded, monitored transportation/social, non-payment for work.
Behavioral: fearful to speak, overmedicated, one person talking for group
Lifestyle Management EPO 1
Identify the dimensions of wellness affecting lifestyle management.
physical health mental emotional spiritual social occupational
Lifestyle Management EPO 2
Identify the stress response and methods for managing stress.
confidence goal setting - and accomplishing them energy management integrating imagery attention control
Lifestyle Management EPO 3
Identify the elements of the law enforcement profession that make it a cardiac risk.
poor sleep
nutrition
inactivity
