Legal process Flashcards
Under what circumstances can a police officer seek a warrant if alcohol or drug impairment is suspected in vehicular assault cases?
If a physician refuses to draw a blood sample due to the defendant’s resistance.
When can an officer contact a judge after an emergency disagreement with Pretrial Services?
Only after obtaining the duty judge’s permission by phone.
What should an officer do if a District Court judge denies a warrant request?
The officer cannot present the same case to another District Court judge unless it’s a new case or new significant information is acquired.
How should an officer proceed before going to a judge’s home or location?
They must contact the District Court clerk’s office for authorization and instructions.
What information must be provided by an officer seeking a warrant to avoid ‘John Doe’ warrants?
Name, sex, race, approximate age.
Can an officer apply for a warrant based solely on computerized license plate registration data?
No, officers shall not apply for warrants solely based on this data.
When can an officer search a vehicle without a warrant?
- Reasonable belief of a weapon inside
- Probable cause of evidence
- Other exceptions
What must happen before the Fayette County Attorney’s Office can initiate a criminal case?
A police report must be filed first.
How long does it usually take for police reports to be finalized and available to the Fayette County Attorney’s Office?
Three days.
What steps are involved for a person to file a criminal complaint against an adult suspect?
Appointment scheduling with prosecutor at Fayette District Court.
Where should a person go to file a criminal complaint against a juvenile suspect?
Administrative Office of the Courts, Court Designated Worker (CDW).
What qualifies as emergencies for applying for emergency criminal complaints?
Life-threatening situations, domestic violence, immediate violent crimes.
Define ‘subpoena duces tecum’.
A subpoena ordering a person to bring documents to court.
Who is authorized to release Lexington Police Department documents as per the course notes?
Official custodian and Open Records Unit employees.
What should an employee do upon receiving a subpoena duces tecum?
Submit a request for assistance via the chain of command.
What powers of arrest does a police officer possess when assisting in another county in Kentucky?
The same powers of arrest as possessed in their own county.
Under what circumstances can detectives assigned to a federal task force leave their county?
They can leave the county via their assignments.
When can a law enforcement agency transfer a prisoner from another county based on a Fayette County warrant?
Only on rare occasions with supervisory approval.
What information must a uniform citation contain when serving a criminal summons without having the physical document?
Charges, court case number, date, time, and location of appearance.
How should an officer update eWarrants after serving a criminal summons using an MDC or desktop?
Enter the service in eWarrants, print, sign, and turn in the criminal summons.
What must officers do if they have served an arrest warrant or criminal summons but have no knowledge of the case?
Notate in the narrative section of the uniform citation.
In what circumstances can an officer conduct searches without a warrant?
Exigent circumstances or special circumstance searches.
When serving an arrest warrant, how much of the subject and surrounding area can an officer search?
The entire person and nearby area accessible to the subject.
What exceptions allow officers to search a vehicle without a warrant when arresting an occupant?
If it contains evidence of the offense of arrest, with a search warrant, or under another exception.
What is eWarrants?
A statewide database of circuit and district court warrants in Kentucky.
What does eWarrants contain?
All circuit and district court warrants and/or summonses in participating counties.
What must officers do when confirming warrants not found in eWarrants?
Follow specific procedures including confirming with E911.
Who confirms all warrant confirmations?
E911 performs all warrant confirmations.
What is the process for warrants held by Sheriff’s Deputies?
Deputies sign out warrants for service and return them to the Sheriff’s Office.
What happens if an officer is unable to obtain a copy of a warrant held by a deputy sheriff?
Circumstances must be documented and forwarded to the Chief’s Office.
How can officers serve arrest warrants outside of Fayette County?
By requesting Central Records to send a teletype message to the sheriff.
Under what circumstances can officers assist in another county with warrant pickup?
Only with permission from their bureau assistant chief or designee.
Who is responsible for applying for a warrant from Circuit Court after hours?
Duty Commander
What type of warrant is typically applied for in most instances after hours?
Probation or parole violation
When applying for a warrant after hours, who should be notified if time permits?
On-call Assistant Commonwealth’s Attorney
What does the Duty Commander need to do if time is of the essence regarding a warrant application?
Contact the suspect’s probation or parole officer
To whom must the probation or parole officer present their written request for a warrant?
Circuit Court judge
What is the process if the Circuit Judge approves and signs both the request and warrant?
Warrant is officially authorized
In case a warrant cannot be immediately served, where should it be promptly delivered?
District Court clerk’s office
What does the Fayette District Court do on official state holidays?
Observes the holiday schedule
Who coordinates the service of court documents ranging from criminal and civil summons to subpoenas?
Office of the Fayette County Sheriff, Process Division
Who is responsible for serving criminal subpoenas to employees who are subpoenaed in connection with their official duties?
The department
Who shall be responsible for serving criminal subpoenas if the shift lieutenant is absent?
Designee appointed by the lieutenant
Who should sign the execution section of the criminal subpoena?
Sworn officers only
What should be done if a criminal subpoena cannot be served 24 hours prior to the scheduled court appearance?
Note the employee’s duty status, return the unserved subpoena to Central Records.
How should an employee handle conflicting criminal subpoenas for different courts?
Contact the Public Integrity Unit, notify prosecutors, follow guidance from involved prosecutors.
What is the procedure if there is no guidance from prosecutors regarding conflicting court appearances?
Notify PIU Court Liaison, appear in the court of higher precedence.
In signing juvenile petitions, who is responsible for collecting and returning unsigned petitions?
PIU Court Liaison or designee.
Who is responsible for dividing, logging, distributing juvenile petitions, and issuing signature sheets?
Central Records.
Who ensures that unsigned juvenile petitions are signed and promptly returned to Central Records?
Shift or unit lieutenant, or designee.
Who is permitted to make an arrest in obedience to a warrant within the Commonwealth of Kentucky?
Only a sworn officer.
What should an officer list in the narrative section of a Uniform Citation when making an arrest with a warrant?
The issuing court, warrant details at a minimum.
What is the purpose of General Order 1978-01H?
To establish procedures for applying for and serving legal process.
According to General Order 1978-01H, what is the department policy for serving legal process?
To apply for and serve legal process professionally; servers must serve directly to named employees.
How are warrants, criminal summons, and court orders initiated?
By filing a sworn complaint or affidavit with the District Court clerk’s office.
What must officers explain to authorize the issuance of legal process without an emergency?
That an emergency exists as defined in the policy.
When can after-hours emergency legal process be requested?
After 4:00 p.m. or on a Saturday, Sunday, or holiday, with supervisory approval.
What does the term ‘emergency’ include as defined in the policy?
Serious crime nature or involving serious injury or substantial risk.
