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SPD Academy #74 > EXAM 1 > Flashcards

EXAM 1 Flashcards

1
Q

Note taking is a 3 part process. Name those 3 parts

A

observe
record
review

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2
Q

Which of the 3 part note-taking process are the most important?

A

observe and review

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3
Q

5 causes of poor listening

A 
lack of interest
personal problems
egocentricity
psychological conditions
MOSTLY DUE to the lack of effort to engage
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4
Q

What is the principal obstacle to good communication?

A

poor listening

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5
Q

What are the values of note-taking?

A 
record major points
record auxiliary material
basis for review
stimulus mind
permanent record
reference source
basis for action
field use
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6
Q

What is the #1 killer of police?

A

Coronary heart disease

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7
Q

4 killers of police officers

A

Coronary heart disease
diabetes
cancer
overweight/obesity

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8
Q

what is the best exercise that offers the most benefit for a police officer?

A

stretch

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9
Q
  1. List why this course is important to me
A 
career survival (number 1)
career development
media coverage
community view of agency
in-house dissension
officer survival
peace of mind
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10
Q
  1. Define the term “ethics”
A

a. A code of values which guide our choices and actions and determines the purpose and course of our lives.

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11
Q
  1. Id and describe the six sources of ethics
A 
justice (fairness)
law
agency policy
professional code of ethics
social norms
personal values
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12
Q
  1. Id and describe the six pillars of character
A
  1. trustworthiness
  2. respect
  3. responsibility
  4. justice & fairness
  5. caring
  6. civic virtue & citizenship
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13
Q
  1. List the five standards of ethical policing
A
  1. fair access
  2. public trust
  3. safety & security v. full enforcement
  4. teamwork
  5. objectivity
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14
Q

Define Bribery

A

LEO are officered something of value to influence their person of a duty

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15
Q
  1. Describe the difference between grass-eaters and meat eaters
A

a. Grass eaters – occasionally engaging in illegal activities
b. Meat eaters – aggressively pursuing corrupt activities

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16
Q
  1. Describe the three classifications of corrupt departments according to Sherman
A

a. Type 1 – rotten apples and rotten pockets
b. Type 2 – pervasive unorganized corruption
c. Type 3 – pervasive organized corruption

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17
Q
  1. List the two forms of sexual harassment
A

a. Require an individual to grant sexual favors

b. Hostile work environment

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18
Q
  1. Discuss both sides of the debate regarding gratuities
A

a. Some believe it can lead to corruption

b. Some businesses and individuals may expect special favors because of their gratuities

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19
Q
  1. Discuss the ramifications of TN v. Garner (ethics)
A

a. When force is necessary, officers should inflict no more harm than is necessary.

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20
Q
  1. List what the acronym “A.C.T.” represents
A

a. Identify the alternative
b. Project the consequences
c. Tell your story (consider your defense)

ALTERNATIVE, CONSEQUENCES, TELL

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21
Q
  1. List the three ethics check questions
A

a. Is it legal?
b. Is it balanced?
c. How will I feel about myself in 20 years?

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22
Q
  1. List the common statements neutralizing ethical conflict
A

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.

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23
Q
  1. List the five P’s of ethical power
A

a. Purpose
b. Pride
c. Patience
d. Persistence
e. perspective

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24
Q
  1. List the three methods of preventing corruption
A
  1. applicant selection
  2. reinforcement of values
  3. active anti-corruption programs
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25
Q

Id what is meant by the term stress

A

Any stimulus that disturbs or interferes with the normal psychological equilibrium of an organism and physical, mental, or emotional strain or tension

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26
Q

ID when neg. stress is most likely to occur

A

when a person feel inadequate about the role they fulfill in the working environment

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27
Q

ID the common physical reaction to severe or sustained stressed

A 
headache
low back pain
fatigue
ulcers
high blood pressure
kidney disease
stroke
anorexia 
skin disorders
asthma
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28
Q

ID some common sources of psychological stress

A 
intra
inter
criminal justice system practice & characteristics
public practices & characteristics
police work itself
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29
Q

id methods someone can use to reduce stress

A

physical exercise
proper balanced diet
increased self-understanding
increased self-esteem

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30
Q

ID 4 psychological reactions to severe stress

A

repression of emotion
displacement of anger
isolation
unspoken fears

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31
Q

ID methods to strengthen officer wellbeing and mental health awareness within an agency

A 
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
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32
Q

Hans Selye 3 phase theory of biological reactions

A

alarm reaction
resistance
exhaustion

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33
Q

ID what happens at each point in the process, from detention to trial

A
  1. felony complaint
  2. felony information
  3. discovery process
  4. trial
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34
Q

what is booking and why is it done

A

an administrative procedure by which a record of an arrest is made by the arresting agency and basic pedigree info is collected

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35
Q

id what is required by the 24-hour rule and under what limited circumstances it can be extended to twenty-four hours

A

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

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36
Q

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.

A

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

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37
Q

id what the grand jury is, and what it does in the criminal justice process.

A

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.

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38
Q

id what happens to the evidence collected by the officer during the discovery process

A

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.

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39
Q

What is evidence

A

testimony or items enter into court to prove an issue or support an action

40
Q

What is Chain of Custody

A

Accounting of the whereabouts of a piece of physical evidence from its seizure until its intro into courts as evidence.

41
Q

what is the best evidence rule

A

the original document is always considered the best evidence.

States that the original must be entered as evidence rather than a copy.

42
Q

What is hearsay

A

estimonial or written evidence of an out of court statement entered as evidence for the purpose proving the content of the statement

43
Q

why hearsay is generally inadmissible as evidence?

A

because the source cannot be cross examined

44
Q

for what hearsay may be used even if it cannot be used in trial

A

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.

45
Q

Hearsay exceptions

A 
Admission and confessions
Dying declarations
Spontaneous declarations
Excited utterances
Statements made for diagnosis or treatment
Past recollection recorded
present memory refreshed
prior sworn testimony
46
Q

When is a police report hearsay?

A

Anytime an officer is acting as a witness to prove the content of the report.

47
Q

what is the overriding requirement for admissibility of eyewitness ID evidnce

A

the relative suggestiveness of the method used (and whether it was appropriate to the circumstance) and how suggestively that id method was employed.

48
Q

types of eyewitness id

A

lineups
photo lineups
photo spread
1 on 1 show ups

49
Q

what are the criteria which will be used by the courts to determine admissibility where the 1 on 1 takes place

A

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

50
Q

2 situations where a 1 on 1 id of an arrested person may be appropriate

A

Id by a witness in danger of death

Immediate id demanded by a suspect

51
Q

what is the role of an attorney in eyewitness id procedures?

A

only to be present as an observer.

52
Q

what are any restrictions on the use of identification where there was no police involvement?

A

witness tells you the suspect is

ID can be used in court

53
Q

what is the exclusionary rule?

A

a rule of evidence which states that any evidence obtained by illegal means must be excluded from the trial.

54
Q

what are the effects of the fruit of the poisonous tree

A

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.

55
Q

intended purposes and controversial actual effect of the exclusionary rule

A

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

56
Q

What principle makes the exclusionary rule still necessary for the proper functioning of our legal system?

A

right and remedy

57
Q

what are the 4 exceptions to the exclusionary rule discussed in class?

A

impeachment
independent source
inevitable discovery
good faith exception

58
Q

what must a prosecutor prove in order to use each of these 4 exceptions to the exclusionary rule

A

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.

59
Q

ID the point at which prep for a trial should begin

A

begins when you are first notified of a crime

60
Q

id the steps that should be taken prior to the trial date to prepare the case for trial

A

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

61
Q

Id the elements of proper courtroom demeanor

A

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

62
Q

Id the rules for being a successful witness

A

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.

63
Q
  1. Id the main cause for failure as a witness
A

o Poor attitude
o Poor preparation
o Poor appearance

64
Q

3 basic types of interviewing

A

i. Field interviews
ii. Interviewing victim & witnesses
iii. Interrogating suspects

65
Q

field interviews serve 4 primary law enforcement functions

A

i. Identification (crime deterrence)
ii. Crime prevention (crime awareness)
iii. Developing information (intel gathering)
iv. Developing suspects

66
Q

c. Importance of developing a good relationship (rapport)

A

maintaining a balance of courtesy and officer safety

67
Q

What are the two major provisions of the 4th amendment?

A
  1. no unreasonable searches or seizures

2. no issuance of a warrant without PC

68
Q

What are the 3 differences between contact, detention, and an arrest?

A

contact - free to move
detention - freedom temp limited
arrest - freedom taken away

69
Q

What type of seizure is voluntary contact?

A

not a seizure.

70
Q

Can you search a person or vehicle during a voluntary contact?

A

only with permission

71
Q

what minimum justification is needed by an officer to begin a voluntary contact?

A

none

72
Q

what type of force negates voluntary contact?

A

any, actual or implied, verbal or physical

73
Q

does the 4th apply to investigative or temporary detentions?

A

yes

74
Q

what level is needed for detention?

A

reasonable suspicion

75
Q

What must reasonable suspicion be based upon?

A 
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
76
Q

is unexplained flight enough for reasonable suspension?

A

no, but it can be a contributing factor developing RS

77
Q

2 requirements to establish PC

A

a crime has been committed & the suspect was criminally involved

78
Q

4 factors to develop realibiltiy of a CI

A
  1. they have given reliable in the past
  2. they are testifying against their own interests
  3. info given is so detailed you are compelled to believe they are a witness
  4. you corroborate important facts given by them
79
Q

is a warrant required in the following locations?
public place?
suspect’s residence?
third party residence?

A

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

80
Q

does a pursuit constitute a siezure?

A

no, not until they are grasped or physically contacted

81
Q

per RSMO 544.216 - can you arrest someone for a non-criminal infraction?

A

yes

82
Q

What is pretext stop and is it allowed?

A

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.

83
Q

which amendment does Miranda effect?

A

5th

84
Q

what is the overriding procedural requirement regarding the obtaining of admissions and confessions?

A

voluntariness

85
Q

what is the miranda equation?

A

in custody + guilt seeking questions

86
Q

Miranda only applies to what type of evidence?

A

testimonial

87
Q

Who is required to give Miranda rights?

A

known LEOs and their agents.

88
Q

When does custody begin when a person is being interrogated?

A

when a person would reasonably believe that he or she is not free to leave

89
Q

who must prove that a miranda warning was made and that it was valid?

A

the officer

90
Q

What two things must a suspect agree to before interrogation may begin?

A
  1. they understand their rights

2. they wish to speak with you voluntary.

91
Q

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?

A

stop them and make sure they understand their rights

92
Q

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

A

yes
yes
yes
no

93
Q

how long does Miranda protections last?

A

until 14 days after released from custody or until the completion of the prosecution or charges have been dropped.

94
Q

in the course of a lawful stop, can an officer order the driver and occupants out of the vehicle?

A

yes

95
Q

what is the level of proof need for a frisk

A

reasonable suspicion that the subject is armed

96
Q

what are the 3 things needed for a lawful stop?

A

facts must be articulable, objective, and reasonable

SPD Academy #74 (11 decks)

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