Exam 3 Flashcards
1
Q
Need to check validity immediately prior to arrest to verify that it is still valid (BPD Special order 95-31)
A
Arrest Warrant
2
Q
Most intrusive type of seizure– need probable cause
A
Arrest
3
Q
Arrest warrant for suspect
Search warrant for 3rd party dwelling absent consent of owner
A
3rd party dwelling
4
Q
Two Types of Warrants
A
Straight Warrant- new charges
Default Warrant- Issued by judge for not showing up to court, didn’t pay fine
5
Q
Need to check that other state/jurisdiction will extradite- If so, you will arrest and then have a separate incident report and complaint packet because it is a separate charge
A
Fugitive Warrant
6
Q
An employee statement alleging a suspect has committed a shoplifting offense is PC for an officer to arrest without a warrant
A
Merchant
7
Q
Intent
Communication
Control
(ICC)
A
Arrest
8
Q
Probable cause hearing within 24 hours, clocks starts at the time of the arrest.
A
Jenkins Hearing
9
Q
Probable cause, Arrestable offense, Jurisdiction
A
Lawful Arrest
10
Q
Within 1 hour of arrival at station (cannot withhold this right)
A
Phone Call
11
Q
Known Victim
Known Witness
Other Police Officer
Declaration against penal interest
Good track record
A
Reliable Sources
12
Q
Consent
Abandonment
Booking Search
Plain-view
Incident to lawful arrest
Exigent Circumstances
A
Warrantless Searches (Cab PIE)
13
Q
Voluntary: No coercion/duress
Intelligent: Clear, explicit, plain
Knowingly: Told of right to refuse, proper age, mental condition
***for consent to be valid, must be voluntary and informed”
A
Consent (VIK)
14
Q
If consent is revoked, officer must (…….) searching immediately
A
Stop
15
Q
Officers can’t ask for consent to search during a traffic stop for MV infraction? True or False
A
True
16
Q
Officers must have ____________ to ask for consent to search?
A
Reasonable Suspicion
17
Q
Exceptions to warrantless arrest in private dwelling
A
Fresh and continuous pursuit
Exigent circumstances
18
Q
Items discarded during pursuit by police as long as police had reasonable suspicion to conduct the stop at the beginning of the pursuit (also includes items discarded while police are following/watching)
A
Abandonment
19
Q
Lawful Presence
Inadvertence
Seizable Evidence
A
Plainview
20
Q
Weapons
Means of escape
Evidence of the crime for which the arrest is made
A
Search incident to lawful arrest
21
Q
Not a search for evidence
Protect owner’s property
Prevent false claims
Prevent suicide
Community caretaker function
Aid in identification
A
Booking search/Inventory
22
Q
Based on probably cause
Determined by the Duty Supervisor
Must be done reasonably
One witness
A
Strip searches
23
Q
Based on high degree of probable cause
Search warrant issued by a judge
Conducted by a qualified medical professional
A
Body Cavity Search
24
Q
The knowledge of one officer is the knowledge of all officers
A
Collective Knowledge Doctrine
25
A private citizen may lawfully arrest for felonies only. Citizens arrest not permitted for misdemeanors.
Citizen's arrest
26
Courtesy
Highest level of professionalism
Limit chatter
Clear and concise
No profanity
No personal names
Radio Communication
27
Plan your message
Listen for radio traffic
Depress microphone button
Pause before speaking
Identify yourself
How to transmit on the radio
28
4 W's
Who we are
Where you are
What you have
What you need
29
On the air
Ocean Nora
30
off the Air
Ocean Frank
31
Arrive on scene
Adam Robert
32
L20
L20 report
L20 arrest
33
3 ways to clear calls
Miscel Code - No incident report written
Clear with an "R" - Incident report written
Charlie Robert - Assisting unit
34
MGL Chapter 209A
Domestic Violence laws
35
What is the definition of serious bodily injury?
It is defined as “bodily injury that results in: (a) a permanent disfigurement; (b) loss or impairment of a bodily function, limb, or organ; or (c) a substantial risk of death.”
36
Weapon. The suspect was armed with a dangerous weapon when he;
**Force or fear. **By force or fear;
Theft from person. Took money or property from the victim or the victim’s immediate control.
Right of arrest: Felony
Armed robbery
37
The two types of dangerous weapons are?
Per se and dangerous use
38
Assault with intent to murder or maim
The S must assault the V with the specific intent to commit murder or maim. (Felony)
Related to the crime of mayhem
39
Name the crime and its right of arrest
The victim (age 61) stated the suspect smacked her across the face.
Assault and battery on an elder. It is a felony
NOTE: 60 and over is “elder” for assaults and A&B’s
40
What’s the right of arrest for assault and battery?
Breach of peace, in presence (M)
41
What is a “shod foot” and when is it considered a dangerous weapon?
A shod foot is a foot with a shoe on it. It is considered a dangerous weapon if it is capable of causing greater injury than an unshod (bare) foot.
42
Carrying a dangerous weapon
Elements
The S knowingly carried on his person or under his control in a vehicle;
One of the sixteen per se dangerous weapons:
a. stiletto b. dagger c. ballistic knives d. dirk knives e. nunchaku f. shuriken/throwing stars g. cestus h. blackjack i. brass knuckles j. blowgun k. manrikigusari l. knives with a detachable blade m. devices with a locking blade n. knife with a detachable blade capable of being propelled by any mechanism
43
Armed Assault with Intent to Rob or Murder
Armed. Suspect armed with a dangerous weapon; and
Assaults. Assaults another;
Intent. With the intent to rob or murder.
ROA Felony
44
Mayhem
A
Elements
Whoever with malicious intent to maim or disfigure;
Cuts, tears, slits or mutilates the tongue, or an eye, ear, nose, lip or limb or member of another;
Or whoever is privy to such intent;
Or is present and aids in the commission of such crime;
Or whoever assaults another person with a dangerous weapon, substance or chemical and by such assault disfigures, cripples or inflicts serious or permanent physical injury upon such person;
Or whoever is privy to such intent or is present and aids in the commission of such crime
FELONY
!!Specific intent crime!!
45
TRUE or FALSE?
For carrying a dangerous weapon, the offender must walk or drive around with the prohibited weapon.
TRUE
46
Rights of arrest for a felony
All felonies are arrestable!
47
Assault and A/B by means of hypodermic syringe or needle
Whoever
commits an assault or A&B
by using a hypodermic syringe, hypodermic needle, or any instrument adapted for the administration of controlled or other substances by injection
Felony
48
MGL Chapter 265
Laws concerning crimes against the person
49
Greg tells Jason that he is going to beat him up tomorrow after school. Although he has no intention of following through with it, is this an assault?
No. A verbal threat is insufficient (not enough) for an assault.
50
Unarmed assault with intent to rob or steal
Whoever
Not being armed with a dangerous weapon;
Assaults another with force and violence;
With intent to rob or steal.
ROA Felony
This charge is used for the S who assaults a V with intent to rob or steal, but does not complete the crime.
Example: S grabbed at money in hands of supermarket cashier, who tugged back on the money, was an assault with sufficient force and violence to satisfy the elements of this offense.
51
What is the definition of assault?
It is either an incomplete battery (a swing and a miss);
OR
putting a person in fear of a battery
52
What is the definition of battery?
Unlawful touching of another person without consent.
53
Assault or A&B on a health care provider
A person may not:
a. commit an assault or A&B;
b. against any EMT, ambulance operator, ambulance attendant, or “health care provider”;
c. who was treating or transporting a person in the line of duty.
ROA Arrest for breach of peace in presence. If not, complaint.
“Health care provider” is defined as any medical doctor, registered nurse, social worker, psychologist, or agent or employee of a licensed public or private hospital, clinic, or nursing home.
54
Q
Instructions: 1. name the crime
2. misdemeanor or felony
3. do you have a right of arrest or not
4. why or why not you have the right of arrest
You respond to a radio call for the following: the victim tells you the suspect punched him in the face. The victim admitted to trying to hook up with the suspect’s girlfriend. The responding EMT’s tell you the victim has a broken jaw.
Assault and battery, serious bodily injury
Felony
Yes to right of arrest
All felonies are arrestable
55
Aggravated assault and battery
Assault and battery is “aggravated” in three situations:
if it results in serious bodily injury; or is committed upon a person the suspect knows or has reason to know is pregnant; or is upon someone the suspect knows has an active restraining order against the suspect.
Felony
56
A “child” when speaking of assault and battery
A “child” victim, when speaking of the crime of assault and battery, is what age?
Under age 14
57
What’s the right of arrest for assault?
Breach of peace, in presence (M)
58
Armed Assault in a Dwelling
Entry. The suspect entered a dwelling;
Armed. While armed; and
Assault. Committed an assault on someone in the dwelling; and
Intend felony. Had the specific intent, accompanying the assault, to commit a separate felony.
Felony
59
Rights of arrest for misdemeanors
In presence, breach of the peace
In presence, statutory
Probable cause, statutory
60
MGL 94C
Drug and narcotic crimes
61
Assault and battery involving strangulation or suffocation
The S blocked the nose or mouth of another;
That the S interfered with the normal breathing or circulation of blood of the V without having any right or excuse for doing so; and
They did so intentionally.
ROA Felony
Definitions: “Strangulation’’ = the intentional interference of the normal breathing or circulation of blood by applying substantial pressure on the throat or neck of another.
'’Suffocation’’ = the intentional interference of the normal breathing or circulation of blood by blocking the nose or mouth of another.
62
The most common example of an assault is………….
A swing and a miss
63
Assault and Battery Upon Public Employee
Assault and Battery
On any public employee
Person must be engaged in the performance of duty at the time of the assault
ROA Misdemeanor in presence, breach of peace
A felony if the A&B includes an attempt to disarm a police officer in performance of his/her duty
64
Unarmed Robbery
Force or fear. The suspect by force or fear;
Theft from person. Took money or property from victim or the victim’s immediate control.
Right of arrest
FELONY
**S must take control or possession of victim’s property or money.
Purse snatching
**Value of property is irrelevant
65
Violation of chapter 268A
Violations of conflict of interest laws can also be prosecuted criminally
66
Bribe
Asking for and taking bribes is prohibited
67
Asking for or accepting a gift b/c of your official position
Gifts and Gratuities
68
Employees of this department shall not solicit, seek or accept any gifts or gratuity.
Rule 102
69
You/significant other
Both sets of parents
Both set of siblings
Your children
Immediate family
70
Presenting a false claim to your employer for for a payment or benefit is prohibited, and causing someone else to do so is prohibited also.
False Claims
71
Acting in a manner that would make a reasonable person think you can be improperly influenced is prohibited.
Appearance of conflict
72
After hour restrictions
2nd job that conflicts
Divided loyalties
Inside track
73
Being paid by your city or town, directly or indirectly under some 2nd arrangement in addition to your job is PROHIBITED, unless an exception.
Inside track
74
Authorized form of payment is only through payroll
Paid details (rule 325)
75
Police Officer may not conduct personal business while performing a detail. Shall adhere to all rules and regulations of the BPD department
Assignment
76
Expedite traffic area of your detail
Traffic detail
77
Police officer is responsible to submit detail cards (except where the "4hour minimum" rule applies.
Traffic details
78
The intentional violent or controlling behavior that one person weilds over another, includes:
Physical
Sexual
Psychological
Financial
Domestic Violence
79
3 Primary responsibilities of law enforcement when it comes to DV
1. Provide physical safety & security for victims
2. Assist victims by coordinating their referrals to support services
3. Arrest the DV perpetrator as required by law
80
The occurrence of one or more of the following acts between family or house hold members:
a. attempting to cause or to causing physical harm
b. placing another in fear of imminent serious physical harm
c. causing another to engage involuntary in sexual relations by force, threat or duress
d. coercive control (type 1 pattern of behavior, type 2 single act)
Abuse
81
a. Are or were married
b. Are or were residing together in the same household
c. Are or were related by blood or marriage
d. Have a child in common
e. Are or have been in a substantive dating or engagement relationship
Family or Household members
82
Shall be given full faith and credit through commonwealth- will enforce as long as restraining order is active/valid and issued by another state or US territory.
1. We will take the victim at their word and then contact issuing dept
2. If order is not verified, release forthwith
Protection Order issued by another jurisdiction
83
Basic protection shall include:
1. Defendant shall not damage any of the plaintiffs belongs
2. Defendant shall not shut off utilities or mail delivery
Extended Scope: Multiple family dwelling ( Condo's, Apt building, triple decker)
Plaintiff's workplace
Vacate order
84
1. Proceedings (For restraining order) shall be filed, heard and determined in the court venue over the victims residence.
2. If victim has left a residence/household to avoid abuse, such victim shall have the option of commencing action in court having venue over prior address or present.
Domestic infractions
85
Awarding plaintiff temporary custody
Order to pay child support
Order to pay monetary compensation for losses suffered
Better's intervention program (BIP)
Civil Infractions (non-arrestable)
86
Refrain from abuse
Refrain from contacting
Vacate and remain away
Plaintiffs address to be impounded
Refrain from abusing/contacting child
Criminal Infraction (Arrestable)
87
Complaints shall be informed that the proceedings hereunder (protection order)
are _______ in nature and that violations are _______in nature.
Civil & Criminal
88
When the expiration date falls on a weekend, holiday or date the court is closed the order shall not expire until the?
Next court business day
89
Restraining order are valid for how long?
Up to 1 year
90
Upon issue of temporary or emergency order, the court shall order the immediate suspension and surrender of?
LTC, FID, Firearms, Rifles, Shotguns, Machine guns, Ammunition
91
Any defendant may petition such action and will be heard no later than?
Employment?
10 court business days
2 court business days regarding employment
92
10 court business days
Temporary Restraining order
93
Courts are closed
Good until next court business day
Emergency order
94
Color of the vehicle
Year of vehicle
Make
Body/model
Occupants
Licence plate
Vehicle description (CYMBOL)
95
Why is behavior important to law enforcement?
Behavior, the way in which one acts or conducts oneself, especially towards others.
96
We can interpret what is happening from observations of a persons actions, words or body language.
a. several needs have to be meet (Can be simultaneously)
b. needs are intangible, we cannot see or measure a need.
Behavior is complex
97
What is culture?
1. Customs
2. Arts
3. Social institutions
98
3 steps towards cultural competence
1. awareness
2. seek knowledge
3. develop skills
99
5 cultural competence traits goal
1. self assessments
2. learn
3. interact
4. communicate culturally
5. Listen
100
A culturally competent person will have deep understanding of his cultural bias (rasicm, sexism, homophobia etc) he/she will commit to countering those babies at every turn
Cultural Competence
101
1. Physiological- Survival needs
2. Security- Safety needs
3. Social needs
4. Ego/esteem needs
5. Self- actualization- growth needs
Maslow's Hierarchy of needs
102
Are needs such as shelter, clothing, food, and other basic needs
Physiological
103
The needs of safety, orderliness, protective rules, and general risk avoidance
Security needs
104
Interpersonal relationships, to belong to a group and feel accepted & appreciated by others
Social needs
105
Needs that allow people to feel more important fall under ego or esteem needs
Ego- Status needs
106
A settled way of thinking or feeling about someone or something, typically one that is reflected in a person's behavior.
Attitude
107
The report calls for law enforcement to protect the dignity and human rights of all, to be protectors and champions of the constitution.
Guardians vs Warriors
108
District 1= Alpha
District 2= Bravo
District 3= Charlie
District 4= Delta
District 5= Echo
District 6= Fox
District 7= Gold
District 11= Harry
District 13= Jake
District 14= Kilo
District 18= Lima
District Phonetics Call signs (1st digit)
109
Channel 1: Special Events
Channel 2: Area A (A1, A7)
Channel 3: Area B (B2, B3)
Channel 4: Area E ( E5, E13, E18)
Channel 5: Area D (D4, D14)
Channel 6: Area C (C11, C6)
Channel 7: Message/ Unit to Unit
Channel 8: Nova base/Inquires
Channel 9-12: Investigate/Admin
BPD Radio Channels
110
1. Rapid response
2. Patrol wagon
3. Motorcycle
4. Neighborhood service
5. K-9
6. Walking beat
7. Mounted unit
8. Detective
9. Sergeant
A. Leiutenant
C. Command
K. Anti-crime
Call signs (2nd digit)
111
A (23:45pm-07:30am) Last Half
D (7:30am- 16:00pm) Days
F (16:00pm-23:45pm (1st half)
Shift/Tour
112
1. Burglar alarm
5. Fire alarm
7. Gathering causing annoyance
8. Investigation person
9. Investigate premise
10. Landlord tenant disturbance
12. Noise complaint
14. Police service
15. Disturbance - drunk
16. Disturbance - inside
19. Walk and talk
Miscel Codes (Incident)
113
B- Boy: No person found
C- Charlie: No such address
D- David: No police service necessary
E- Edward: Perpetrator gone on arrival
F- Frank: Peace restored
G- George: Advised Warrant
H- Henry: Advised to re-contact police if necessary
K- King: Traffic Citation
L- Lincoln: Issued parking ticket
N- Nora: Accidental/Defective Alarm
P- Paul: Service rendered
X- X-Ray: Clear from CD19
Miscel Codes (Phonetic/Police action)
114
CD19: Walk and Talk
CD23: Guarding Prisoners
CD24: 209A service
Service Assignment Codes
