EXAM 1 Flashcards
Note taking is a 3 part process. Name those 3 parts
observe
record
review
Which of the 3 part note-taking process are the most important?
observe and review
5 causes of poor listening
lack of interest personal problems egocentricity psychological conditions MOSTLY DUE to the lack of effort to engage
What is the principal obstacle to good communication?
poor listening
What are the values of note-taking?
record major points record auxiliary material basis for review stimulus mind permanent record reference source basis for action field use
What is the #1 killer of police?
Coronary heart disease
4 killers of police officers
Coronary heart disease
diabetes
cancer
overweight/obesity
what is the best exercise that offers the most benefit for a police officer?
stretch
- List why this course is important to me
career survival (number 1) career development media coverage community view of agency in-house dissension officer survival peace of mind
- Define the term “ethics”
a. A code of values which guide our choices and actions and determines the purpose and course of our lives.
- Id and describe the six sources of ethics
justice (fairness) law agency policy professional code of ethics social norms personal values
- Id and describe the six pillars of character
- trustworthiness
- respect
- responsibility
- justice & fairness
- caring
- civic virtue & citizenship
- List the five standards of ethical policing
- fair access
- public trust
- safety & security v. full enforcement
- teamwork
- objectivity
Define Bribery
LEO are officered something of value to influence their person of a duty
- Describe the difference between grass-eaters and meat eaters
a. Grass eaters – occasionally engaging in illegal activities
b. Meat eaters – aggressively pursuing corrupt activities
- Describe the three classifications of corrupt departments according to Sherman
a. Type 1 – rotten apples and rotten pockets
b. Type 2 – pervasive unorganized corruption
c. Type 3 – pervasive organized corruption
- List the two forms of sexual harassment
a. Require an individual to grant sexual favors
b. Hostile work environment
- Discuss both sides of the debate regarding gratuities
a. Some believe it can lead to corruption
b. Some businesses and individuals may expect special favors because of their gratuities
- Discuss the ramifications of TN v. Garner (ethics)
a. When force is necessary, officers should inflict no more harm than is necessary.
- List what the acronym “A.C.T.” represents
a. Identify the alternative
b. Project the consequences
c. Tell your story (consider your defense)
ALTERNATIVE, CONSEQUENCES, TELL
- List the three ethics check questions
a. Is it legal?
b. Is it balanced?
c. How will I feel about myself in 20 years?
- List the common statements neutralizing ethical conflict
a. Denial of responsibility – it wasn’t my fault! It was something else….
b. Denial of injury – no one was hurt so what the big deal
c. Denial of the victim – that guy deserved it
d. Condemnation of the condemners – if you think what I did was bad, let me tell you what the chief did.
e. Appeal to higher loyalties – we have to stick together.
- List the five P’s of ethical power
a. Purpose
b. Pride
c. Patience
d. Persistence
e. perspective
- List the three methods of preventing corruption
- applicant selection
- reinforcement of values
- active anti-corruption programs
Id what is meant by the term stress
Any stimulus that disturbs or interferes with the normal psychological equilibrium of an organism and physical, mental, or emotional strain or tension
ID when neg. stress is most likely to occur
when a person feel inadequate about the role they fulfill in the working environment
ID the common physical reaction to severe or sustained stressed
headache low back pain fatigue ulcers high blood pressure kidney disease stroke anorexia skin disorders asthma
ID some common sources of psychological stress
intra inter criminal justice system practice & characteristics public practices & characteristics police work itself
id methods someone can use to reduce stress
physical exercise
proper balanced diet
increased self-understanding
increased self-esteem
ID 4 psychological reactions to severe stress
repression of emotion
displacement of anger
isolation
unspoken fears
ID methods to strengthen officer wellbeing and mental health awareness within an agency
exhibit genuine concern for personnel maintain realistic expectations of officers train to deal with the stresses provide confidential counseling consider peer support programs EAP consider evacuating policies related to critical incidents debriefings produce a supportive culture be prepared
Hans Selye 3 phase theory of biological reactions
alarm reaction
resistance
exhaustion
ID what happens at each point in the process, from detention to trial
- felony complaint
- felony information
- discovery process
- trial
what is booking and why is it done
an administrative procedure by which a record of an arrest is made by the arresting agency and basic pedigree info is collected
id what is required by the 24-hour rule and under what limited circumstances it can be extended to twenty-four hours
A suspect must be released after 24 hours in custody
The refusal to release someone within the 24 hours – misd
Or Refusing to permit the speak to counsel
Or Falsely charges with intent to avoid provisions of this section.
Time is based upon time of arrest. (when the cuffs go on)
Shall be allowed to speak with counsel or other persons during reasonable hours
Purpose of 24-hour rule
Secure speedy release of uncharged suspects
While we can use the time to finish our investigation, that is not normal
ID any of the four actions that a prosecutor may take when an arrest warrant application is made and reason why each action is taken.
Warrant application process
Present the charge to the prosecutor (PC statement)
Prosecutor’s options
File the charge
Warrant issued
Refuse the charge
Memo issued listing the following reasons
Take under advisement – requires follow up
id what the grand jury is, and what it does in the criminal justice process.
Take to grand jury.
Group of citizens (13-23).
Chosen by judge
Duty to determine if pc exist and issue and indictment
9 of 12 must agree their pc
Defense attorney is not present
Civ. And LEO witnesses can testify
Does not determine guilt.
id what happens to the evidence collected by the officer during the discovery process
Def files a request
State has duty to turn everything over. Help in how you document and collect evidence
Motion to suppress
Formal request made by the def to the judge.
Alleging a constitutional violation
Suppression hearing
Court hearing with evidence and testimony for the judge to decide if the defendant’s rights were violated and what evidence will be admissible at trial.
What is evidence
testimony or items enter into court to prove an issue or support an action
What is Chain of Custody
Accounting of the whereabouts of a piece of physical evidence from its seizure until its intro into courts as evidence.
what is the best evidence rule
the original document is always considered the best evidence.
States that the original must be entered as evidence rather than a copy.
What is hearsay
estimonial or written evidence of an out of court statement entered as evidence for the purpose proving the content of the statement
why hearsay is generally inadmissible as evidence?
because the source cannot be cross examined
for what hearsay may be used even if it cannot be used in trial
may be used in every step of the info gathering process, and may be used as part of the pc needed to arrest or search, but may not be used in trial unless it falls under one of the exceptions to the hearsay rule, or unless the original source of the info testifies in court.
Hearsay exceptions
Admission and confessions Dying declarations Spontaneous declarations Excited utterances Statements made for diagnosis or treatment Past recollection recorded present memory refreshed prior sworn testimony
When is a police report hearsay?
Anytime an officer is acting as a witness to prove the content of the report.
what is the overriding requirement for admissibility of eyewitness ID evidnce
the relative suggestiveness of the method used (and whether it was appropriate to the circumstance) and how suggestively that id method was employed.
types of eyewitness id
lineups
photo lineups
photo spread
1 on 1 show ups
what are the criteria which will be used by the courts to determine admissibility where the 1 on 1 takes place
The opportunity of the witness to view the suspect at the time of the crime
Witness’s degree of attention at the time of the crime
Accuracy of prior descriptions
Certainty of identifications at confrontation
Length of time between crime and identification
2 situations where a 1 on 1 id of an arrested person may be appropriate
Id by a witness in danger of death
Immediate id demanded by a suspect
what is the role of an attorney in eyewitness id procedures?
only to be present as an observer.
what are any restrictions on the use of identification where there was no police involvement?
witness tells you the suspect is
ID can be used in court
what is the exclusionary rule?
a rule of evidence which states that any evidence obtained by illegal means must be excluded from the trial.
what are the effects of the fruit of the poisonous tree
States that evidence which is derived from evidence that was obtained by an illegal search or interrogation must generally be excluded from use in a trail
Originally a piece of evidence will be excluded by the exclusionary rule and the evidence found as a result of the original evidence is excluded by the fruit of the poisonous tree.
intended purposes and controversial actual effect of the exclusionary rule
he is designed to punish the officers who violate an individual’s constitutional rights.
The issues are the police officer is not really penalized by the actions of the exclusionary rule and fruit of the poisonous tree doctrine
What principle makes the exclusionary rule still necessary for the proper functioning of our legal system?
right and remedy
what are the 4 exceptions to the exclusionary rule discussed in class?
impeachment
independent source
inevitable discovery
good faith exception
what must a prosecutor prove in order to use each of these 4 exceptions to the exclusionary rule
impeachment - only can be used if it was shown the confession was voluntary
independent source - that the evidence was found by a source completely untainted by the investigation
inevitable discovery - someone would have found the evidence in the course of normal activities.
ID the point at which prep for a trial should begin
begins when you are first notified of a crime
id the steps that should be taken prior to the trial date to prepare the case for trial
o refresh your memory from the police report and personal notes.
o Check all evidence and ensure that it is properly preserved, labeled and identifiable
o Review photographs of defendant to refresh your memory
o Confer with the prosecutor
Id the elements of proper courtroom demeanor
o Proper outfit
o be on time
o good posture
o direct your attention to the person asking the questions
o direct your answers to the jury but loud enough so the whole court can hear and understand
o maintain good eye contact
o speak clearly and distinctly
o speak the truth at all times. NEVER GUESS, IF YOU DON’T KNOW, SAY SO OR YOU DON’T REMEMBER.
o Direct examination
cross examination
leaving the witness stand
Id the rules for being a successful witness
o Review the facts in the case before testifying
o Confer with the prosecutor before the trial
o Do not volunteer info or express opinions unless requested to do so by the court.
o Be able to identify your physical evidence. Be consistent in marking any evidence you bring.
o Always tell the truth
o Respond to harsh or nasty with firmness but be polite and courteous.
o Good appearance, strong clear voice, good posture
o Rule on witnesses – do not talk to any witness while in court or while waiting for you turn to testify.
- Id the main cause for failure as a witness
o Poor attitude
o Poor preparation
o Poor appearance
3 basic types of interviewing
i. Field interviews
ii. Interviewing victim & witnesses
iii. Interrogating suspects
field interviews serve 4 primary law enforcement functions
i. Identification (crime deterrence)
ii. Crime prevention (crime awareness)
iii. Developing information (intel gathering)
iv. Developing suspects
c. Importance of developing a good relationship (rapport)
maintaining a balance of courtesy and officer safety
What are the two major provisions of the 4th amendment?
- no unreasonable searches or seizures
2. no issuance of a warrant without PC
What are the 3 differences between contact, detention, and an arrest?
contact - free to move
detention - freedom temp limited
arrest - freedom taken away
What type of seizure is voluntary contact?
not a seizure.
Can you search a person or vehicle during a voluntary contact?
only with permission
what minimum justification is needed by an officer to begin a voluntary contact?
none
what type of force negates voluntary contact?
any, actual or implied, verbal or physical
does the 4th apply to investigative or temporary detentions?
yes
what level is needed for detention?
reasonable suspicion
What must reasonable suspicion be based upon?
1 hand knowledge other officers knowledge radio dispatches police bulletins criminal informants time of day reputation of the area or person person's demeanor person's past criminal record
is unexplained flight enough for reasonable suspension?
no, but it can be a contributing factor developing RS
2 requirements to establish PC
a crime has been committed & the suspect was criminally involved
4 factors to develop realibiltiy of a CI
- they have given reliable in the past
- they are testifying against their own interests
- info given is so detailed you are compelled to believe they are a witness
- you corroborate important facts given by them
is a warrant required in the following locations?
public place?
suspect’s residence?
third party residence?
public - no warrant
suspect’s - must either be legally inside the property, or have consent or emergency circumstances, or a warrant.
3rd - same as suspect’s
does a pursuit constitute a siezure?
no, not until they are grasped or physically contacted
per RSMO 544.216 - can you arrest someone for a non-criminal infraction?
yes
What is pretext stop and is it allowed?
stopping someone for a lesser offense in order to investigate a higher charge. stopping someone for PC on a lane violation to investigate a hunch for DWI.
which amendment does Miranda effect?
5th
what is the overriding procedural requirement regarding the obtaining of admissions and confessions?
voluntariness
what is the miranda equation?
in custody + guilt seeking questions
Miranda only applies to what type of evidence?
testimonial
Who is required to give Miranda rights?
known LEOs and their agents.
When does custody begin when a person is being interrogated?
when a person would reasonably believe that he or she is not free to leave
who must prove that a miranda warning was made and that it was valid?
the officer
What two things must a suspect agree to before interrogation may begin?
- they understand their rights
2. they wish to speak with you voluntary.
If you read Miranda Rights to a suspect and thy immediately start giving a statement without saying they understand their rights, what should you do?
stop them and make sure they understand their rights
Should Miranda be reread for the following?
change of interrogation personnel
change of interrogation location
when you realize that an earlier warning was not properly done
changing the topic of interrogation
yes
yes
yes
no
how long does Miranda protections last?
until 14 days after released from custody or until the completion of the prosecution or charges have been dropped.
in the course of a lawful stop, can an officer order the driver and occupants out of the vehicle?
yes
what is the level of proof need for a frisk
reasonable suspicion that the subject is armed
what are the 3 things needed for a lawful stop?
facts must be articulable, objective, and reasonable
