Policy Flashcards

1
Q

What 3 requirements must be satisfied to justify a warrantless entry under the Emergency Aid Doctrine?

A
  1. The police must have a reasonable basis, approximating probable cause, that
    there is an immediate crisis AND that assistance will be helpful AND
  2. The primary purpose to enter is to render aid AND
  3. There must be some reasonable basis, approximating probable cause, to
    associate the emergency with the location to be entered/searched
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2
Q

Per policy, what is the maximum number working hours allowed in a 24hr period?

A

16

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3
Q

What time frame can a search warrant be executed without a night-time exception?

A

0600 - 2200

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4
Q

How many days do you have to execute a search warrant, once signed by a judge?

A

10 days

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5
Q

Miranda is required when what 2 criteria are met?

A

Detention + Interrogation

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6
Q

What are the 7 critical tasks?

A
  1. Establish Communications
  2. Establish Hot Zone
  3. Establish Inner Perimeter
  4. Establish Outer Perimeter
  5. Establish Command Post
  6. Establish Staging Area
  7. Request additional resources
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7
Q

What is the legal threshold that must be met when applying for a search warrant?

A

Probable Cause

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8
Q

Under exigent circumstances, officers executing a search warrant may enter the premises without announcement or permission to enter. Exigent circumstances require reasonable belief that delayed entry creates ______ ______ to the officers or possible ______ __ ______.

A
  1. imminent danger

2. destruction of evidence

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9
Q

What three criteria must be met in order to legally seize an item of evidence or contraband under the Plain View Doctrine?

A
  1. The item must be seen from a lawful vantage point.
  2. The item must be immediately identifiable as contraband or evidence.
  3. The deputy must have a lawful right of access to the object.
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10
Q

True/False: Abandoned property no longer falls within the area of protection afforded by the 4th Amendment, and therefore can be searched or seized without a warrant or any other justification.

A

True

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11
Q

Per policy, how often are employees required to check their email?

A

Once a day, when working

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12
Q

At the beginning of a pursuit, what facts must be relayed by the deputy?

A
  1. Location and direction of travel
  2. Specific reason for stop
  3. Vehicle description and license plate # (if known)
  4. Number of occupants, and description (if known)
  5. Speeds, road condition, driving behavior, etc.
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13
Q

Per SJCSO policy 700-04, pursuits are allowed to be initiated when there is _______________ to believe that the subject being pursued has committed or is committing a violent felony and it is clear that while they are at large they pose an immediate threat of death or serious injury to others.

A

Reasonable Suspicion

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14
Q

Per policy, when determining the appropriate type and amount of force to use, or when reviewing a use of force, the primary factors to consider are:

A
  1. The severity of the crime
  2. Whether the subject was posing an immediate threat to the safety of the deputy or others
  3. The level of threat or resistance presented by the subject
  4. The risk or apparent attempt by the subject to escape
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15
Q

A taser deployment is what force type?

A

Type 2

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16
Q

True/False: Multiple uses of force on a single subject that are distinctly separated by a period of compliance will require a separate Use of Force Report.

A

True

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17
Q

Which force type requires a supervisor immediately respond to the scene to begin a force investigation?

A

Type 2 & 3

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18
Q

True/False: Deputies or supervisors receiving a returned investigation will have no more than 2 working days to complete the follow-up unless prior authorization is received by the returning supervisor.

A

True

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19
Q

Anytime a deputy’s vehicle leaves their control and comes under the control of another (service, oil change, mechanic shop, etc.), regardless of how brief, it is the responsibility of the deputy to both visually and physically inspect the _____ _____ _____ and _____ _____ to ensure they are engaged.

A

Child safety locks

Window locks

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20
Q

Per policy, deputies are required to handcuff subjects that have been detained prior to placing them into a vehicle.

A

False: “Deputies may use discretion when deciding to handcuff the subject, but safety should be the primary consideration.”

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21
Q

True/False: In every situation, prisoners will be handcuffed with their hands behind their back.

A

False: “For most situations, prisoners will be handcuffed with their hands behind their back.”

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22
Q

True/False: Citizens being transported will have their bags or purses separated from them and the bags will be searched.

A

False: “Bags or purses should be separated from the subject but not searched.”

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23
Q

True/False: Pursuant to 31-1-8 NMSA 1978, a deputy who arrests an adult should inquire about the presence of any juvenile or dependent child who may be at risk as a result of the arrest.

A

True

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24
Q

A pursuit may be initiated when there is _____ _____ to believe that the fleeing subject has committed, or is committing, a violent felony, and it is reasonable to believe that while they are at large they pose a clear and immediate threat of death or serious injury to others.

A

Reasonable Suspicion

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25
Q

A pursuit may be initiated when there is _____ _____ to believe that the driving behavior of the fleeing subject poses a clear and immediate threat to the safety of others, and the threat (driving behavior) existed prior to the attempt to stop.

A

Probable Cause

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26
Q

True/False: Pursuits will not be initiated or continued when the immediate danger to the deputy or the public created by the pursuit (excessive speed and dangerous driving) exceeds the immediate danger to the public if the occupants of the vehicle being pursued remain at large (NMSA 29-20-4 (C)(2)).

A

True

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27
Q

Deputies are prohibited from initiating or continuing a pursuit through an active _____ zone.

A

School

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28
Q

Oil and oil filter changes, tire rotation and brake checks will be conducted every ____ miles.

A

5,000

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29
Q

Pursuant to 32A-2-10(C) NMSA 1978, no juvenile under the age of __ will be held in detention.

A

11

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30
Q

No juvenile under the age of __ who is alleged or adjudicated to be delinquent will be fingerprinted or photographed for identification purposes without a court order.

A

13

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31
Q

True/False: If a juvenile under the age of 11 poses a substantial risk of harm to him or herself or others, a deputy may detain and transport the juvenile for an emergency mental health evaluation and care in accordance with 32A-6A-19 NMSA 1978.

A

True

32
Q

True/False: Status offenders may be placed in a secure setting such as in holding cells or locked rooms and may not be handcuffed to a stationary object.

A

False: Status offenders WILL NOT BE placed in a secure setting such as in holding cells or locked rooms and may not be handcuffed to a stationary object.

33
Q

Runaways must be reported and entered into the Clearinghouse and NCIC within __ hours of dispatch receiving the initial call.

A

2

34
Q

Actions which could be defined as a ‘crime’ for an adult suspect are called _____ _____ for juveniles.

A

Delinquent acts

35
Q

True/False: Confessions, statements, or admissions by a juvenile between the ages of 13 and 14 to a person in a position of authority are presumed to be inadmissible (DeAngelo).

A

True

36
Q

State statute protects any juvenile under the age of __ by making any self-incriminating statement, confession, or admission inadmissible in court.

A

13, and this protection still applies even if a waiver of rights has been obtained

37
Q

When waiving individual rights, it must be shown that the juvenile _______, _______, and _______ waived each right.

A

knowingly, intelligently and voluntarily

38
Q

Sworn Personnel are allowed to drive their issued units home if they live within __ miles of the Sheriff’s Office.

A

40 miles

39
Q

What type of events require a Lieutenant notification?

A
  1. Fatal or potentially fatal incidents (vehicle crashes, homicide, shootings/accidental shootings, industrial accidents, suicide, any death that might be high profile)
  2. Serious situations (armed robberies, pursuits, serious injuries, barricaded/hostage situation, bomb threats)
  3. Incidents involving police officers or SO personnel (DV, arrests, traffic crashes)
  4. Any other situation that potentially may cause disruption to the efficiency and effectiveness of SO operations
  5. Any time the Sheriff’s Office is conducting an investigation involving an officer from another agency
  6. Any time an employee is injured on duty

**be prepared to list some of the examples shown in parenthesis**

40
Q

An interrogation of an officer shall be conducted during _______ _______ _______, unless the urgency requires otherwise

A

Normal waking hours

41
Q

Interrogation of an officer should be conducted at the _________ _________ unless the investigation requires otherwise

A

Employers facility

42
Q

Each interrogation session of an officer shall not exceed _____, unless mutual consent to continue

A

Two hours

43
Q

There shall not be more than two interrogation sessions with an officer within a ____, unless parties mutually consent, provided there be at least a _____ period between sessions.

A

24 hour, and one hour period in between.

44
Q

The combined duration of an officers work shift and any interrogation shall not exceed ___ ______ within a 24 hour period, unless urgency requires otherwise.

A

14 hours

45
Q

A counseling record may be appealed to one level above the level that initiated the counseling record, which in most cases would be the division __________. Such appeals shall be submitted in memorandum format within ___ days of issuance.

A

Lieutenant, 7 days

46
Q

A written reprimand may be appealed to the Sheriff by submitting a memorandum through chain of command starting with level above who approved the written reprimand, which in most cases would be a _________.

A

Captain

47
Q

Reporting to duty or remaining on duty with a breath alcohol concentration of ____ or greater is prohibited.

A

0.02

48
Q

Post accident, alcohol and drug testing should be conducted within ____ hours after accident. If it’s not possible, the reason will be documented; breath test within ____ hours, and drug test within ____ hours.

A

3 hours, 8 hours, and 32 hours

49
Q

The SJCSO can require employees to submit to a drug/alcohol test during these three stages

A

Pre employment, Random testing, reasonable suspicion of drug or alcohol use

50
Q

A Deputy may be required to submit a doctors note after being sick for ____ consecutive days.

A

3

51
Q

Family Medical Leave allows an employee to take up to ____ weeks each calendar year.

A

12

52
Q

Grievance: within ___ working days of any action complained of, the employee must attempt to resolve complaint through informal discussion with immediate supervisor

A

5

53
Q

A written grievance must be submitted within ___ working days of step 1 discussion

A

5

54
Q

The Department Head shall promptly respond in writing to the written grievance within ___ working days of the receipt of the written grievance

A

10

55
Q

If an employee requests a hearing regarding a grievance, it must be submitted to the __ __ _________within ______ working days of the receipt of response.

A

HR department, 10 days

56
Q

It shall be the mission of the San Juan County Sheriff’s Office, in partnership with the community, to protect life and property, in upholding the law in a ____ ___ _____ manner.

A

fair and equal

57
Q

We will adapt to the community’s changing needs, through ___-______ __________ and ___________ police methods.

A

pro-active strategies

traditional

58
Q

In our ________ __ _________,we will maintain a high level of _________, _______________, __________ and __________ to service.

A

exercise of authority,

integrity, professionalism, compassion and dedication

59
Q

Per SJCSO Use Of Force Policy: OPER-304.03.

Objectively Reasonable Force is defined as; The legal standard used to determine the lawfulness of a use of force is the Fourth Amendment to the United States Constitution.

Per which case law?

A

Graham v. Connor

60
Q

When possible, deputies should use sound judgment and tactics to prevent ___________ _____________.

A

Unnecessary Confrontation

61
Q

What is considered a “Type 1 Use of Force”?

A

Any use of force involving physical techniques, excluding strikes, and not resulting in direct or indirect injury to any person.

Pointing an ECD at a subject’s head, neck, front upper torso, or groin.

The use of handcuffs or other device to apply leverage to a subject.

Pointing a firearm at a subject.

62
Q

What is considered a “Type 2 Use of Force”?

A

Any Type 1 use of force resulting in direct, indirect, or complaint of injury.

The use of physical techniques consisting of strikes, regardless of injury.

The use of any force tool regardless of contact or injuries.

Unintentional strikes to the head, neck, spine, kidneys, or groin with an impact weapon or impact munitions.

Unintentional ECD discharges to the head, neck, front upper torso, or groin.

Any use of force which results in injury to a deputy.

63
Q

What is considered a “Type 3 Use of Force”?

A

Any force involving the use or attempted use of deadly force, regardless of the manner applied.

Intentional strikes to the head, neck, spine, kidneys, or groin with an impact weapon or impact munitions.

Intentional ECD discharges to the head, neck, front upper torso, or groin.

Any force type which results in great bodily harm or death to any subject, regardless of the deputy’s intent.

64
Q

What are the two different types of complaints?

A

Formal and informal

65
Q

Formal Complaints require an internal administrative investigation and are automatically forwarded to the _______ or _______.

A

Sheriff or Undersheriff

66
Q

If a complaint meets the criteria of an informal complaint, the __________ receiving the complaint will conduct an administrative investigation of the complaint and forward the results (and any actions taken) to the _______ or _______ for review.

A

First line supervisor; Sheriff or Undersheriff

67
Q

Personnel who are the subject of the complaint will be notified of the fact and the
allegations made against them in writing, within __ working days after the
complaint is filed, unless doing so would jeopardize the investigation.

A

7

68
Q

According to the disciplinary procedures policy, division files are maintained by the employee’s immediate supervisor and may contain verbal warnings, performance record forms, complaints, sick leave use, and letters of recognition. How often is this file purged?

A

This file will be purged of

documentation when an evaluation is completed and the process starts over.

69
Q

Pointing a firearm at a subject falls under which type of force?

A

Type 1

70
Q

How many unexcused/unapproved days off can a deputy miss before it’s considered a resignation?

A

2

71
Q

When should a consulate be notified?

A

When foreign national suffered serious injury or death, or when they are being detained or arrested/booked.

72
Q

True or False, a Deputy can use their issued cell phone to take pictures of evidence, as long as it’s not done with their personal phone.

A

False, per policy, it is prohibited to use phones for pictures; however, be mindful that it can be used if there was no other method available (“in rare, exigent circumstances”)

73
Q

Firearms can be relinquished when a petitioner has a ________ DVRO in place

A

Permanent

74
Q

When someone petitions for an emergency firearms protection order, who needs to be notified??

A

Lieutenant

75
Q

3 levels of encounters

A

Consensual encounters
Investigatory detentions
Custodial arrest