Legal Bulletins Flashcards
What conversations made between an officer and CISM “first peer responder” are confidential?
a first responder peer may not divulge information from or testify about a peer support communication in a vicil, criminal, administrative, or disciplinary proceedings, although there are exceptions
what are the exceptions where a FRP will have to divulge confidential information in reference to CISM
- first responder peer is a defendant in a proceeding from a complain filed by the first responder
- first responder agrees in writing
- first responder suspects first responder has committed or intends to commt a criminal act
- fear for safety of first responder or someone else
are LEOs who are victims of crimes while on duty entitiled to the protections afforded by Marsys Law
yes
When will an officer not be afforded protection under Marsy’s Law
if investigation determines that the officer is not a victim, used excessive force, or in an other way committed a cirminal act during the incident
To avail yourself under Marsy’s law, legal recommedns
filing out a victims pamphlet and deliver to records and copy lead investigator, and whatever procedure the departments put in place
Can a BB gun be a “deadly weapon” for purposes of charging aggravated assault
Yes. A BB gun can be considered deadly weapon as long as it can be used in a way likely to produce death or great bodily harm
Can an officer extend a traffic stop, based solely on a traffic violation, to include an investigation of an additional crime or to have a k-9 check for drugs
no
Does knowledge that a vehicle’s registered owner’s DL is suspended give suspicion to conduct a terry stop on the vewhicle?
yes
may a police officer lawfully shoot an uncooperative individual when he presents an immediate risk only to themselves?
no
Hemp is what percent THC
.3% or less
odor plus one standard
requires officers to obtain circumstantial evidence beyond the mere sight/scent of marijuana in order to establish pc for search.
Places where medical marijuana cannot be used
- any form of public transportations (except low THC not in form of smoking)
- public place (except low THC not in form of smoking)
- place of employment unless permitted by employer
- correctional institution
- school
- school bus, car, boat, place (except low THC not in form for smoking)
- enclosed indoor workplace
Lawful amounts of Medical Marijuana
may not dispense more than 70 day supply. no more than 35 day supply of smokable marijuana (may not exceed more than 2.5 ounces)
a person whose residency in a dwelling intended for residential use has occurred for a brief length of time, is not pursuant to a lease, and whose occupancy was intended as transient in nature
transient occupant
amended factors which establish that a person is a transient occupant
- person does not have ownership or financial interest in property which entitles them to occupancy
- person does not have utilities
- person can not produce documentation or communication which shows person used property address in previous 12 months
- person pays minimal or no rent
5, person does not have his own designated space - person has minimal belongings at property
- person has permanent residence somewhere else
