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CRIMINAL INVESTIGATIONS > PENAL CODE/ FAMILY/CCP/POLICY > Flashcards

PENAL CODE/ FAMILY/CCP/POLICY Flashcards

1
Q

Burglary is a felony of the first degree in a habitation when:

A

any party to the offense entered the habitation with the intent to commit other than felony theft

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2
Q

Child porn on a child younger than:

A

18

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3
Q

Commits offense of unlawful transfer of a weapon when:

A

is the respondent to an active protective order

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4
Q

protective order is valid until:

A

it is more than one year after the date it was issued or notified by the clerk of court vacating its order

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5
Q

before an officers takes property in a search warrant he must:

A

make a written inventory of the property

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6
Q

In a final protective order if the respondent refuses to evacuate residence listed the officer:

A

shall remove the respondent AND make an arrest for violation of the order

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7
Q

4 principles of procedural JUST BEHAVIOR

A
  • treat people with dignity and respect
  • give people VOICE during encounters
  • be neutral and transparent in decision making
  • convey trustworthy motives
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8
Q

Number of employees under a single immediate supervisor

A

15

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9
Q

The application of taser in drive stun mode should be limited to brief operations when:

A

the pain compliance would reasonably appear necessary to achieve goal

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10
Q

OIS: SUPERVISOR ROLE

A

provide public safety information on:

  • secure the scene
  • pursue subject
  • located any people in need of medical assistance
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11
Q

Primary responsibility of the officer initiating the pursuit

A

Apprehensions of the subject without unreasonable danger to themselves or others

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12
Q

Officers responding to an event of a gathering they should consider:

A

speech and association rights of those present with the applicable public safety concerns

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13
Q

Detectives and BWC

A

are responsible for reviewing within 30 days of the recording

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14
Q

BWC may be reviewed when:

A
  • report
  • supp
  • memo
  • prior to making a statement about the incident
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15
Q

COTATION

A

STOP REMOVE PREVENT

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16
Q

Juv shall not be named in a public document unless:

A

you contact the assistant DA and find an alternative name

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17
Q

assistance to ICE can be done if:

A

the operation will be directed by federal officials

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18
Q

TCIC NCIC HIT

A

must be confirmed by issuing agency or APD

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19
Q

forcibly entry to a felons home you must obtain:

A

supervisor approval and act only when a supervisor is present

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20
Q

MEDIA INFO PROVIDED

A

subject - race age sex
location of crime
arresting officers
charges filed and the court in which they were filed

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21
Q

Officers asking about immigration status must:

A

inform the subject they are not required to respond

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22
Q

use of force to prevent the escape of an arrested person is reasonable if

A

the force could have been employed to effect the arrest under which the person is in custody

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23
Q

1st degree felony terms

A

99 years no less than 5 years

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24
Q

Cont sexual abuse of a child

A

actor is 17 years or older and the victim is younger than 14

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25
Q

Criminal Misc CLASS A

A

750-2500

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26
Q

Issuing a bad check or similar sight order

A

restitution may be made through prosecutions officer, LE agency or court

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27
Q

resisting, search, transportation affirm to defense is:

A

arrest or search was unlawful

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28
Q

Family violence must be filed with the department of family protective services within how many hours of the report

A

24 hours

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29
Q

Requisites of a complaint are:

A
  • name or description
  • offense committed or about to commit
  • time and place of the offense
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30
Q

Notification of school requirement

A

oral or written:

Must included all details of the offense and weapons used and details of assaultive behavior or violence

31
Q

When can a judge order the affidavit to be sealed

A
  • jeopardize safety of victim
  • disclosure would cause destruction of evidence
  • witness or informant confidentiality
  • affidavit contains information of a court ordered wire tap that has not yet expired at the time the attorney of state is requesting the seal
32
Q

Searching a cell phone WITHOUT a warrant when:

A

cell is reported stolen by the owner or possessor

33
Q

Enforcement for crashes on private property

A

DWI
leaving the scene
Failure to stop and render aid
insurance

34
Q

Who can place a hold on the impound of a vehicle

A

investigative unit detective or any investigative supervisor at the rank of SGT or ABOVE

35
Q

employees will not sign any form or affidavit to obtain a dismissal without the authorization of

A

a commander

36
Q

evacuating the premise of a bomb threat is made by

A

the person in charge of the premises

37
Q

Final protective order

A

not to exceed 2 years

38
Q

Temporary ex parte order

A

not to exceed 20 days

39
Q

EPO

A

61-90 days

40
Q

Officer must ask a supervisor to ping ( meeting requirements) a phone. The supervisor must then

A

directly contact the appropriate investigation unit and follow their direction, that unit then needs to contact the original officer on scene to gain permission of the phone

41
Q

shall not utilize K9 for

A

unknown subjects
crowd control
routine patrol calls

42
Q

In relation to R2R, if there is any credible evidence that a criminal MISCONDUCT may have occurred by the officer, the incident shall be treated as a LEVEL 1 force and the notification of:

A
  • SIU
  • IA
  • CHIEF ( ON CREDIBLE ALLEGATIONS)
    supervisor shall document the time, date that SIU and IA were notified in their supplement
43
Q

Credible information that a General order violation occurred in relation to R2R, the incident shall be handled:

A

level 1:
- SIU
- IA
document time and date SIU/IA were notified in supp

level 2,3,4:
- IA and hand the response to resistance as a level 2 force incident

documentation of time and date IA was notified in supplement

44
Q

NO CREDIBLE EVIDENCE for a violation of general order

A

Supervisors making a determination based on OBJECTIVE EVIDENCE show that there is no credible evidence to a violation of general order OR law SHALL

complete a complainant contact form and forward it to IA
- incident shall be closed as information and tracked in the IA database for info purposes only

  • the force incident shall be handled based on the normal criteria outlined in R2R and the initiation of an IA investigation is not required
45
Q

Level 1: Response to Resistance

A
  • force resulting in death
  • force resulting in substantial risk of death
  • SBI requiring admittance to the hospital
  • intentional firearm discharge at a person, vehicle or structure regardless of injury
  • intentional firearm discharge at an animal that results in the injury to another person
  • unintentional firearm discharge resulting in another person’s injury or death
  • impact weapons, including kinetic energy and improvised weapons, THAT STRIKES THE HEAD of a subject
  • in custody death- 24 hours after booking, regardless of whether force used
  • utilization of the precision Immobilization tech when SBI or death occurs - PIT
46
Q

LEVEL 2:

A
  • strike to the head by an employee with any WEAPONLESS technique
  • use of impact weapons, including kinetic energy OTHER THAN TASER, improvised weapons to strike a subject AND CONTACT IS MADE, regardless of injury
  • Deployment of K9 resulting IN A BITE TO A SUBJECTS SKIN, or injury to subject
  • utilization of PIT
47
Q

Level 3:

A
  • OC spray or other chemical agent
  • Taser application
  • use of baton FOR A NON STRIKING PURPOSE: moving, controlling a subject
  • impact weapon, including kinetic energy projectiles or any similar object to strike a subject BUT NO CONTACT IS MADE
  • force resulting in injury or CONTINUED complaint of pain
  • weaponless technique that caused an impact to the body with or without a complaint of injury or pain EX; strikes, kicks, take downs
  • deployment of K9 for the purpose of biting whose location is known but does not result in an injury
48
Q

Level 4:

A
  • Empty hand control techniques that does not result in injury or continued complaint of pain
  • ** restricting a subjects movement by strength or body weight
  • ** using leverage or strength to bring a subjects arms or legs together
  • ** pressure points
49
Q

Any supervisor with the approval of _____ MAY elevate any response to resistance incident to a level 1 force

A

any command or duty commander

50
Q

Supervisors have the discretion to elevate any level 3/4 incidents to a_____ in order to conduct a more extensive inquiry

A

level 2

51
Q

Supervisors must notate the DMAV for ____ years for an employee involved crash

A

3 years

52
Q

in level 2, share point shall be forwarded within ____ working days for final approval or further inquiry

A

8 working days

53
Q

folder shuffle method

A

This method should be used when you are unable to find an independent administrator. 6 total folders, 5 fillers… shuffle with 2 empty cards on the back. given one by one and kept in the same order

54
Q

Confidence statement

A

a statement in the witness own words, articulating their level of confidence in the identification. The officer documenting the confidence statement should record verbatim the words used by the witness to describe their level of certainty as to the identification of the suspect

55
Q

Field Identifications

A

an identification procedure in which a single subject is shown to an eyewitness and asked to identify or reject the subject as an actual perpetrator

56
Q

Simultaneous line up

A

require the approval of child abuse units supervisor. The incident report will document which supervisors provide the approval.

57
Q

Field identifications SHALL Only be conducted under the following exigent conditions:

A
  • prior supervisor’s approval; and
  • the suspect is detained within a reasonable time of the offense;
  • a line up can not be promptly arranged; and
  • there is an immediate need to arrest the suspect
58
Q

if there are multiple suspects:

A
  • they should be separated and

- each suspect shall go through a separate field identification

59
Q

arrest warrant packet will include the following:

A
  • original warrant
  • copy of the PC signed by the magistrate
  • copy of the suspects DL and or state ID return
  • printout of the “ pick up” supplement to the incident report
  • printout of the subjects QH from CCH (state) and NICI (national). Do not Submit the QR rap sheets
60
Q

No knock warrants

A
  • Only be employed when officer safety is an issue. They will not be used to prevent the destruction of evidence.
  • need to be approved by a commander and the signing judge
  • be entered into the database by completing the APD no knock search warrant smartsheet form located int he investigations sharepoint page by the primary detective within 72 hours after the search warrant is served
61
Q

Clearance status

A

If an arrest is made, the officer where change the status within the clearance box to show “ CLEARED BY ARREST:

when no arrest is made at the time of the original report. the responsibility of updating the clearance status will belong to the detective

62
Q

Cleared exceptionally

A
  • established identify of the offender
  • location is known
  • sufficient information to support an arrest
  • some reason outside law enforcement that prevents the arresting of the offender due to:
  • victim cooperation
  • prosecution declines
  • suspect dies
  • under age of criminal responsibility
  • extradition of suspect is denied

IBR REASON MUST BE CHOSEN:

  • death of offender
  • prosecution declines
  • extradition declined
  • victim refused
  • juv, no custody
63
Q

Cleared Administratively

A
  • non criminal report:
  • missing person that are found or returned
  • juv runaway who are found
  • found property that is returned to the owner
  • accidental injuries when no crime occurred
  • request to locate where the subject is found
  • suicides where no crime has occurred
  • dependent/ neglected children when there is no criminal element
64
Q

Open

A

Case is still unsolved, leads are being worked

65
Q

suspended pending follow up

A

suspended with anticipation of additional information or leads

66
Q

suspended pending victim readiness

A

suspended due to victim being unavailable, requesting to drop charges or is not ready to move forward with the investigation

67
Q

suspended no leads/evidence

A

due to lack of suspect information or lack of evidence to further the investigation

68
Q

suspended

A

when approved by the investigative unit or supervisor and then the determination is made that any further investment of time would be inefficient of unproductive;

or after 30 days from the date of the date of assignment and the case has not progressed to the point it can be cleared by any other means described in the section

69
Q

SWAT AND CINT ( negotiation team) SHALL :

A

always respond to a hostage/ barricaded subject incident

if the assessment determines a hostage/barricaded situation exists, the FIRST RESPONDER SHALL immediately request a SUPERVISOR to respond and notify communications to request a SWAT/CINT response

70
Q

barricaded subject

A

person who takes a position of cover or concealment or maintains a position in a structure and who resists capture by law enforcement personnel. may be armed, suspected of being armed, threatening violence and or have demonstrated the potential to commit violence against others or themselves

71
Q

jumper

A

hostage negotiator MAY be called to the scene of a jumper WHEN REQUESTED. generally 2 hostage negotiators will respond

72
Q

unarmed suicidal subjects

A

SWAT and CINT WILL NOT normally respond to any other type of unarmed suicidal subject. In suicidal subjects OTHER THAN A JUMPER, officers MAY request a response from CIT

73
Q

The ranking officer on scene of an actual or potential hostage/barricaded situation SHALL consider the following:

A
  • avoid confrontation in favor of controlling and containing the situation until the arrival of trained personnel and or trained hostage negotiation personnel
  • evacuation of bystanders and injured persons
  • provide responding officers with a safe arrival route to the location
  • follow department guidelines for perimeter control, containment, and communications

CRIMINAL INVESTIGATIONS (19 decks)

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