Quiz 2 Flashcards
(96 cards)
1
Q
What are the 4 pillars of Report writing?
A
(CCCA)
-Clear
-Concise
-Complete
-Accurate
2
Q
What are the 5 Components of a good report?
A
(CFAPP)
- Chronological Order
-First person
-Active voice
-Past tense
-Professional
3
Q
What is a negative statement?
A
When a person tells you they didn’t see or hear anything
4
Q
What is the golden rule of completeness?
A
If it isn’t in the report, it didn’t happen.
5
Q
If the interviewed person does not know the month or year what can you use?
A
Seasons, holidays, school years, birthdays
6
Q
True or False:
Conclusions may be included as long as they are factually supported
A
True
7
Q
True or false:
Opinions on the credibility of the witness can be included in report.
A
False
8
Q
What is a PC affidavit?
A
A brief summary of the crime
9
Q
What is procedural law?
A
Laws, rules and procedures on how law enforcement can treat suspects.
10
Q
True or false:
Procedural law covers which activities are illegal.
A
False, it covers how law enforcement can treat suspects.
11
Q
What is the fourth amendment?
A
Search and seizure rights
12
Q
What are the 3 levels of police encounters?
A
- Mere conversation/encounter
- Stop
- Arrest
13
Q
What is a mere conversation/ encounter?
A
Questioning of a person without any restraint of a person’s liberty.
14
Q
True or false:
During a mere conversation/encounter the person is free to leave.
A
True.
15
Q
What is a stop?
A
Temporary restraint of a persons liberty by a peace officer lawfully present in any place.
16
Q
True or false:
During a stop, the person is free to leave.
A
False, the person is NOT free to leave but is not under arrest.
17
Q
What is an arrest?
A
When person is placed under actual constructive restraint and is taken into custody for the purpose of charging that person with an offense.
18
Q
How are these encounters justified?
1. Mere conversation/encounter
2. Stop
3. Arrest
A
- No justification needed
- Justified by reasonable suspicion
- Justified by probable cause
19
Q
During a stop, an officer may detain a suspect upon reasonable suspicion that crime ___ _____, __ _______, or __ _____ __ _____.
A
Has occurred, is occurring, about to occur.
20
Q
What is a crime?
A
Any offense for which a sentence of imprisonment may be imposed.
21
Q
What is a frisk?
A
An external patting of a person’s outer clothing.
22
Q
What is a dangerous weapon?
A
Any instrument, article or substance that under the circumstance of its use, attempted use or threatened use is readily capable of causing death or serious physical injury.
23
Q
What is a deadly weapon?
A
Any instrument, article or substance specifically designed for and presently capable of causing death or serious physical injury.
24
Q
What is reasonable suspicion?
A
A belief based on specific and articulable facts that the person committed or what about to commit a specific type of crime. Must be objectively reasonable.
25
True or false:
Reasonable suspicion is the same as probable cause.
False, it is less than probable cause but more than a hunch.
26
What is the basis for a person stop?
Must reasonably suspect that a person has committed or is about to commit a crime.
27
What must you do during a person stop?
Inform who you are and make a reasonable inquiry
28
True or false:
During a person stop you are allowed to do a first of the persons clothing.
True
29
How is detention and inquiry conducted?
In the vicinity of the stop for no longer than a reasonable time.
30
What is considered a reasonable inquiry?
An inquiry limited to immediate circumstances arousing officer suspicion.
31
What is the “unavoidable lull” ?
The time necessary for an officer to investigate a violation and write the citation without delay.
32
True or false:
During a traffic stop, an officer can ask any questions regardless of it it is related to the original violation.
False. The inquiry must be reasonably related to the stop or he must have and be able to articulate reasonable suspicion to engage in additional “investigative activities”.
33
True or false:
You can ask about weapons just because you always do it.
False
34
True or false:
You can ask about weapons if it’s related to the reason for the stop
True
35
True or false:
You can ask about weapons on a circumstance specific basis
True
36
True or false:
You can ask about weapons if they have code 5 warnings or dispatch gives you an alert
True
37
When can you do a weapons search?
If you can articulate reasonable suspicion That the person might pose an immediate threat or serious physical injury.
38
What is an offense?
A crime or violation
39
What do you need to enter a residence to make an arrest without an arrest warrant?
Must have Consent or by exigent circumstances
40
What is necessary to enter a residence to make an arrest with an arrest warrant?
- must be confirmed it is the suspects residence
- must have pc that suspect is inside
41
True or false:
If the suspect is inside another person’s residence, the officer with an arrest warrant must have prior consent or exigency to enter.
True
42
What must police do before making entry into a residence to make arrest?
Knock and announce their identity, authority and purpose.
43
What is the fruit of the poisonous tree?
Evidence or information obtained without proper procedures.
44
True or false:
When conducting a traffic stop w/ occupants, you cannot question the occupant.
False, you can question the occupant but you just let them know they are free to leave.
*If the occupant runs away it does not give you probable cause or reasonable suspicion
45
When can a criminal citation be issued?
misdimeanors, felony subject to misdemeanor treatment, violations of an ordinance
46
True or false:
Criminal citation is the same as a uniform traffic citation
False
47
During a domestic disturbance, when should police arrest and take into custody alleged or potential assailant?
When pc is there that an assault has occurred between family or household members or when one such person has placed the other in fear of imminent serious physical injury.
48
True or false:
Officer can provide info about a custodies immigration status to the federal government.
False
49
True or false:
An individual has the right to refuse to disclose nationality, citizenship or immigration status.
True
50
What are the 5 principles components of report writing?
Chronological order
first person
active voice
past tense
be professional
51
What are the 4 pillars of report writing?
Clear
Concise
Complete
Accurate
52
When should Miranda be advised? (PCIC)
P- police (police present)
C- custody (the police take suspect into custody
I- interrogate (police are going to interrogate)
C- compelling circumstances
53
Under Miranda, a defendants waiver of constitutional rights must be:
- _______
-________
-________
-voluntary
-knowing
-intelligent
54
What does under Miranda mean?
Either express questioning or its functional equivalent. It also refers to words or actions by the police that police should know are reasonably likely to elicit an incriminating response from the suspect.
55
True or false
Interrogation includes routine book questions put forth by the jail.
False
56
What is a volunteered statement?
Statement made at any time that is not in response to a question by any law enforcement officer
57
True or false
Volunteered statements are not barred by the 5th amendment and are not affected by Miranda decision
True
58
True or false
Police are required to stop and advise when someone enters a police station and says they wish to confess a crime
False
59
What is admission? Give example.
Admitting to the facts
Example: While talking to theft suspect. They admit to being at the location of the theft during time of theft.
60
What is confession? Give example.
Admitting to the guilt
Example: when talking to theft suspect he admits to taking missing items and knowing it was wrong.
61
What is corroboration? Give Example.
Evidence to support an admission or confession
Example: theft suspect not only confesses to taking missing money but also tells you where he is hiding those items which you eventually recover.
62
True or false
Silence counts as a waive of Miranda rights.
False.
63
What is a non-custodial interview?
Interview done when person is not in custody
64
True or false
Once suspect is represented by counsel there cannot be any further police interrogation about charged crimes
True
65
True or false
Even if suspect is represented by counsel, Law enforcement can communicate with suspect about charged crimes at any time.
False. Law enforcement can only communicate about charged crimes through or in presence of their defense counsel.
66
What right does the Fourth Amendment protect?
The right of the people to be secure in their persons, houses, papers and effects against unreasonable search and seizure.
67
True or false
Any search that doesn’t have a warrant or exception is unlawful
True
68
What is curtilage?
The land immediately surrounding and associated with a person's residence.
69
Name search & seizure exceptions (9)
- Consent
• Hot Pursuit
• Inventory
• Incident to Arrest
• Officer Safety
• Plain/Open View
• Emergency Aid
- Exigency (Probable Cause)
70
True or false
Anyone can issue a search warrant
False, only a judge can issue a search warrant.
71
Who can apply for a search warrant?
Officers, district attorney or special agent
72
True or false
Application for a search warrant may only be done in writing.
False, it can be done either in writing or in an oral statement under oath.
73
When must a search warrant be excecuted?
Within 5 days (some exceptions allow for max of 10 days) and between the hours of 0700 and 2200.
74
True or false
When executing a search warrant, the officer must hail or knock before entering and read the warrant.
True
75
What does a search warrant need to include?
-Identity of the issuing judge and date.
• Name of the person to be searched, or the location and designation or the premises or places to be searched.
• Things constituting the object of the search and authorized to be seized.
• Period of time, not to exceed 5 days.
76
True or false
If a Suspect has a warrant and is in their own home, you can go in and get them.
True
77
True or false
If a Suspect has a warrant and is someone else's home, you can go in and get them.
False, a warrant is needed.
78
What are exigent circumstances?
Situation that requires the police to act swiftly to prevent danger to life or serious damage to property, or to forestall (foresee) a suspect's escape or the destruction of evidence.
79
True or false
Officers can create their own exigency.
False
80
What is a recognized exception to the warrant requirement?
Emergency Aid
81
True or false
A person can give consent by words or actions.
True
82
What are community caretaking functions?
any lawful acts that are inherent (essential) in the duty of the peace officer to serve and protect the public.
83
True or false
When arresting a person with a warrant without a specific crime involved at the time, it is okay to search for evidence.
False, you cannot search for evidence.
84
True or false
If an officer requests a search from someone who is stopped, the officer must first inform the person they have the right to refuse the request of consent.
True (must be proved in writing, video or audio recording)
85
What does scope of consent mean?
Police MAY NOT go beyond the physical boundaries established by the consent. The scope of a consent search is what the person intended.
86
What is the difference between an open view exception and a plain view exception?
Open view exception means an officer is outside of a protected space and lawfully looking inside.
Plain view exception means an officer is lawfully inside a protected space and see contraband in that place.
87
An Officer is outside of a house, looks through open windows and sees contraband. The observation is lawful, but the officer still needs a warrant or exception before they enter and seize.
Is this an example of an open view or plain view exception?
Open view
88
An officer is lawfully inside a home executing a warrant to search and seize a gun used in a homicide and sees unrelated contraband. The officer's entry and observation are lawful and the officer does not need an additional warrant or a warrant exception before seizing. Is this an example of an open view or plain view exception?
Plain view
89
What is bias?
Prejudice in favor of or against one thing, person, or group compared with another, usually in a way considered to be unfair. They do not always align with beliefs.
90
Why are specific, articulable facts important?
They prevent vagueness and assumptions.
91
What is adultification bias?
A form of racial prejudice where children of minority groups (usually black) are seen as being older than they actually are.
92
What is explicit bias?
Obvious bias. For example: overt racism/racist comments.
93
What is implicit bias?
More subtle than explicit bias. Refers to attitudes, prejudices, judgments we unconsciously hold about people or groups. Example: Viewing black people as a higher threat after working in a high crime, low income predominantly black neighborhood.
94
What is biased policing?
When groups are treated differently without justification.
95
True or false:
All officers have biases.
True
96
What is profiling by proxy?
When police are dispatched to a situation by a biased caller.
