Flashcards

1
Q

At what times can a search warrant be served without a night-time allowance?

A

Between 0600-2200 hours.

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2
Q

How many days do you have to serve a search warrant after getting it signed by a judge?

A

10 days

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3
Q

Can you drink Alcohol on duty?

A

Region 2 can under certain circumstances.

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4
Q

If you see a felony warrant suspect inside his house, can you go in and get him without a search warrant?

A

Yes, Payton v New York (1980) allows this legally, but we will always lean towards acquiring a search warrant if possible.

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5
Q

If you are actively chasing someone who has committed misdemeanor crimes and he runs into a house, can you go inside to get him?

A

Yes, (hot pursuit).

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6
Q

If two people live together in a home, and have separate rooms, what can they each give permission to search?

A

Only their own rooms, and shared common areas.

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7
Q

If you stop a vehicle for a traffic violation (speeding, stop sign, etc), can you ask them for permission to search the vehicle?

A

No, you must have an articulable reason for asking for permission to search. (I.E. Reasonable Suspicion)

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8
Q

If given permission to search a vehicle, can you search everywhere and anywhere?

A

No, must be limited to the scope of what you suspect is present inside said vehicle.

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9
Q

If you stop and detain someone, have you seized them?

A

Yes, if they are not free to leave, a reasonable person would believe they have been seized.

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10
Q

What do you need in order to legally perform a pat-down (Terry Pat)?

A

Reasonable suspicion that the subject is armed AND dangerous.

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11
Q

What is a Writ of Restitution?

A

These involve evictions in order to restore property back to it’s owner.

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12
Q

What is a Writ of Garnishment?

A

These entail a court ordered garnishment of wages.

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13
Q

What is a Writ of Attachment?

A

These are for seizing property until a court hearing is over so that a person cannot dispose of it.

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14
Q

Can the on-duty supervisor release command of a scene to a subordinate?

A

Yes, any person on duty be they Deputy or above can have command of a scene.

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15
Q

When must a Miranda warning be given?

A

When a suspect is in custody and being asked questions about a crime.

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16
Q

What case law defined Reasonable Suspicion?

A

Terry v Ohio (1968)

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17
Q

When a suspect waives their Miranda rights, how must they do so?

A

Knowingly, voluntarily, and intelligently.

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18
Q

What are the 7 critical tasks?

A
  1. Clear the air (10-33)
  2. Establish Hot Zone
  3. Inner Perimeter
  4. Outer Perimeter
  5. Command
  6. Staging Area
  7. Additional Resources.
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18
Q

What are the 7 critical tasks?

A
  1. Clear the air (10-33)
  2. Establish Hot Zone
  3. Inner Perimeter
  4. Outer Perimeter
  5. Command
  6. Staging Area
  7. Additional Resources.
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19
Q

Can a viscous dog be quarantined at home?

A

Can be done when the animal has current proof of vaccination and the owner can show a secure isolated structure for them. Will need approval from ACO or supervisor.

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20
Q

When using a confidential Informant (CI) for a search warrant affidavit, what do you have to show?

A

The veracity (credibility) of the informant and the basis of their knowledge.

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21
Q

Does an officer have to use the minimum level of force when using force on a suspect?

A

No, it just has to be a reasonable level of force given the circumstances.

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22
Q

Do subpoena’s have to be personally served?

A

No they do not.

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23
Q

How long before a new employee can take vacation time?

A

According to the county handbook, 180 days.

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24
Q

How fast do employees accrue vacation time?

A

2 weeks , during first 4 years
3 weeks, during years 5-9
4 weeks, if at 10 years or greater

25
Q

When can a Deputy be interrogated during an administrative hearing?

A

During their normal working hours.
While at work
Must be read Garrity warning and given the opportunity to sign it. If they refuse to sign the warning, their must be a witness to the refusal.

26
Q

Can a Deputy be asked about their financial status during an administrative hearing?

A

No they can not be asked this.

27
Q

If you are being sexually harassed who do you go to?

A

HR or someone above you, for the SO go to your sergeant.

28
Q

The FTEP program is broken down by phases. Outline these phases for entry level deputies.

A

Phase 1 = 1 week observation only & 4 weeks training/evaluation
Phase 2 = 4 weeks training/evaluation (first day is observation only)
Phase 3 = 4 weeks training/evaluation (first day is observation only)
Phase 4 = 2 weeks evaluation only

29
Q

The FTEP program is broken down by phases. Outline these phases for lateral deputies.

A

Phase 1 = 2 weeks minimum training/evaluation (first day is observation only)
Phase 2 = 2 weeks minimum training/evaluation (first day is observation only)
Phase 3 = Utilized on an as-needed basis
Phase 4 = 1 week minimum evaluation only

30
Q

How long may a new employee hired as a deputy under the cert by waiver program work before being required to attain a NM peace officer’s certification?

A

12 months

31
Q

Any issues regarding a trainee needs to be relayed by the FTO to who?

A

Both the patrol supervisor and the FTEP Coordinator (Training Lieutenant)

32
Q

True or False

A trainee’s direct supervisor is the patrol sergeant.

A

False, a trainee’s FTO is their direct supervisor.

33
Q

What is the minimum passing score for each end of phase test?

A

80% or better must be achieved in order for a trainee to advance to the next phase.

34
Q

What is the procedure for when a trainee fails an end of phase test?

A

A trainee who fails an end of phase test will be extended 1 week and be allowed to re-test at the end of his extension.

35
Q

True of False

Entry level deputies may not begin driving until week 4 of phase 1.

A

False

Entry level deputies may begin driving at week 3 of phase 1 (this includes observation week)

36
Q

At what week and phase can a lateral deputy begin driving?

A

A lateral deputy may begin driving on week 2 of phase 1.

37
Q

Prior to being allowed to drive a county-owned vehicle, a trainee must do what?

A

Complete a written driving test. This test covers critical elements of the Sheriff’s Office policies on driving, responding to calls for service, and pursuits.

38
Q

What is a DOR?

A

Daily observation report.

39
Q

A DOR has a series of numbers that document a trainee’s performance, what are these numbers and what do they mean?

A

“1” – Unacceptable

“2” – Needs Improvement

“3” – Meets Basic Requirements

“4” – Solid Performer

“5” – Superior

40
Q

Which score ratings on a DOR require the FTO to write a comment on them?

A

1 , 2, and 5

41
Q

True or False
DORs are treated as sensitive reports and should only be shared with the trainee and those in a position where they need to know.

A

True, DORs cannot be discussed with others for entertainment purposes.

42
Q

True or False
An FTO and trainee relationship is to remain on a professional level and they are not to fraternize with a trainee off duty.

A

True, fraternization off duty while a trainee is in the FTEP can compromise the integrity of their FTO’s DORs.

43
Q

True or False

DOR’s need not be completed during observation only days.

A

False, DORs will still be completed on observation days, they will simply be unscored and noted to be observation only.

44
Q

During what phases will an FTO sign the bottom of their trainee’s approves reports?

A

All phases except the final “evaluation only” phase. During this phase, poor reports are sent through to be kicked back by the sergeant (FTO should call and let the sergeant know about the errors).

45
Q

At what discipline level may an employee submit a rebuttal?

A

Anything above a verbal warning.

46
Q

What are the different levels of disciplines in escalating order?

A

Verbal Warning
Counseling Record
Written Reprimand
Suspension/Demotion/Termination

47
Q

During a grievance process, how long from the original complaint does an employee have to start step 1 of the process?

A

5 working days

48
Q

What are the steps (in escalating order) of the grievance process?

A

Step 1 = Informal discussion
Step 2 = Written grievance
Step 3 = Hearing

49
Q

According to the SJCSO policy “Appeal, Rebuttal, & Grievance Procedures”, what is an appeal?

A

Appeal – A request from an employee for a higher level of authority to review a rendered level of discipline.

50
Q

According to the SJCSO policy “Appeal, Rebuttal, & Grievance Procedures”, can an appeal result in a higher level of discipline?

A

No, a successful appeal can result in a lower level of discipline but an appeal will never cause a disciplinary action to be increased.

51
Q

What elements do you need for deadly force?

A

Ability, opportunity and immediate jeopardy.

52
Q

Can a husband and wife be used against each other and testify against each other?

A

No.

53
Q

When determining the appropriate type and amount of force to use, what are the primary factors to consider?

A
  1. Severity of the crime
  2. Subject posing an immediate threat to the safety of the deputy or others
  3. Level of threat or resistance
  4. Risk or apparent attempt by the subject to escape
54
Q

What defines Objectively Reasonable Force?

A

(Graham v Connor)

“The force must be reasonable under the circumstances known to the officer at the time the force was used.”

55
Q

Name the three classifications for Responding to calls for service.

A
  1. Routine Call Response
  2. Urgent Call Response
  3. Emergency Call Response
56
Q

Define Routine Call Response:

A

Calls for service of non-emergency nature where a quick response is not essential. Deputies will adhere to all traffic laws and drive in a safe and courteous manner.

57
Q

Define Urgent Call Response:

A

In-progress situations where personal injury or loss of property may occur if the response is unnecessarily delayed. Deputies may use emergency lights and sirens when necessary in order to maneuver through heavy traffic and controlled intersections.

58
Q

Define Emergency Call Response:

A

Any life-threatening situations or when a person’s safety is being directly jeopardized. Deputies will respond as quickly and safely as possible utilizing emergency lights and siren.

59
Q

What do you need to become involved in a pursuit?

A
  1. Violent Felony Related (Reasonable suspicion to believe that the fleeing subject has committed or is committing a violent felony, and that they pose a clear and immediate threat of death or serious injury to others while at large.)
  2. Traffic Related (Probable cause to believe that the driving behavior of the fleeing subject poses a clear and immediate threat to the safety of others and the threat existed prior to the attempt to stop.)