Robbery Flashcards

Question

Where should the follow up investigation go in a G.O.?

Answer 1

a. In the “follow up” section in the G.O. | i. Includes cases closed and not filed with the DA’S

Answer 2

a. A technique used by the police during an interview or interrogation where the investigator alludes to have evidence which the officer does not have in order to get an admission or a confession. b. Use this very carefully to avoid a false confession. c. Props are allowed in Robbery but must be fully documented in their report. d. Any Props must be marked as such and retained as evidence in the case. e. No counterfeit documents during the interrogation. i. Only official documents with the name, seal, logo, letterhead, and signature of a real organization or person.

Answer 3

a. Respond to the scene immediately b. Victim info c. Where it occurred d. Canvass e. Pix car f. TRAK flyer g. Vehicle of suspect h. BOL i. MUPS j. Chain of command Use - Read Very Wild Cartoons Plus Trap Very Big Motor Cycles.

Answer 4

a. Used in major robbery string investigations b. Selected by primary assigned detective c. Will have a strong working knowledge with the case and will assist i. Will work in absence of primary I/O d. Case Coordinator will be advised of the backup detective

Answer 5

a. Per 12022.53PC for 207, 211,215, etc b. Did the (S) fire a shot or not? i. 10 years if gun used ii. 20 years if gun used and shots fired iii. 25-life if shots fired and caused injury

Answer 6

a. Contact the (V) as soon as possible b. Run out the (V) c. Arrange for a follow up interview i. Ideally, the (V) should be interviewed in person in the Robbery Interview Rooms 1. Must be recorded d. Can be interviewed by telephone e. Can the (V) ID the (S)? f. Can the (V) provide other witnesses? g. Is the (V) cooperative? i. Willing to pursue this case? h. Is the (V) injured and need to get photographed? i. If no phone number for the (V), then i. Attempt to contact the (V) at their home listed in G.O. or ii. Send “Victim Letter” to the (V) 1. Can be found with Unit secretary j. Maintain contact with the (V) to keep them updated with the investigation k. Refer the (V) to Victim/Witness Assistance Program or mental health care agency to cope with trauma l. Leave business card with (V)

Answer 7

a. This should be the last resort because crime may cease by suspects after this b. When the media is needed to get additional info on an investigation c. Contact the SJPD Press Information Officer at 277-5339 or 5273 d. Liaison with the newspaper, radio, and television e. Only release general details of the case f. If video or picture is shown to the media, then please make sure that the Video Tech Unit converts them in to the proper electronic format g. All press releases must be approved by the Unit Commander i. Once approved by the commander, they are sent to the Media Relations Office ii. If Unit Commander is not present, then the unit supervisor may approve 1. Unit supervisor will check with SJPD Media Relations Office AND BOI Captain prior to media release h. A copy of any press release will be sent to the following persons: i. Robbery Unit Commander ii. BOI Deputy Chief iii. BOI Captains iiii. SJPD Media Relations Officer v. Case file i. Consider “Fugitive Watch” and “Crime Stoppers” i. Anonymous tips to get more info

Answer 8

a. An alarm system that is activated via communication once it has been active b. Will overtake the local police radio stating something like “alarm at 123 main street” c. Officers will get this through their radio and then respond d. Not used very often nowadays because it interferes with police radio

Answer 9

a. Review each case b. Contact the (V) c. Review all video surveillance evidence d. Review all physical evidence e. Create a TRAK Flyer f. Close out “P” if the case is pending a lab result

Answer 10

a. In a standard vehicle tracking warrant, what is the amount of days that judges can authorize a vehicle to be tracked? i. 30 days b. Can the warrant be extended? i. Yes. 3not exceeding 30 days. c. Do you have to notify the registered owner of the vehicle that a tracker has been placed on their vehicle? i. Yes. Within 10 days after the tracking device has ended.

Answer 11

a. No additional information needs to be supplied to minors.

Answer 12

Yes – as soon as they are indicted the Shatzer 14 day rule starts

Answer 13

a. Be a federal law enforcement officer or full time municipal, county, or state LEO who is directly employed by the government. b. Be sworn and commissioned to enforce criminal statutes or immigration statutes. c. Be authorized by the agency to have a weapon in connection with assigned duties d. Complete program “LEO, Flying Armed”

Answer 14

a. What is the minimum amount of filler photos that must be included in addition to the suspect? i. 5 b. Should the photos be shown sequentially or all at once? i. Sequentially c. Does the suspect have the right to an attorney during the photographic line-up process? i. No

Answer 15

a. Must be booked into Central Supply ASAP b. Evidence to be evaluated by Homicide Crime Scene Unit may be temporarily booked into the CSU Technical Evidence Room i. Once evaluation is done, the detective will re-book the evidence into the SJPD Property Room c. Any evidence brought into the Robbery for evaluation/photographing must be under the direct control of the case detective i. Evidence cannot be left unsecured in desks or vehicles ii. Evidence may be stored temporarily in the Robbery Unit evidence lockers before being booked into Central Supply

Answer 16

a. 487PC i. Take possession of property owned by someone else; ii. Without the owner’s permission; iii. With the intent to permanently deprive the owner of the property or; iiii. For a period of time long enough for the owner to be deprived of its ownership v. AND it was moved an amount of distance b. Wobbler – can be felony or misdemeanor c. $950 is dollar amount for felony

Answer 17

a. A type of theft or shoplifting which is turned into a Robbery when the (S) USES FORCE to complete the theft. b. The FORCE or THREAT of force must be used to make good the (S)’s theft or attempted theft. 1. Ex: (S) does beer run and the clerk pursues him. The clerk catches up and the (S) punches him and continues to flee with the beer. c. If force is used simply to make good of his or her escape or another reason then there is no Estes robbery. 1. Ex: (S) does beer run and clerk pursues him. The clerk catches up to the (S) and the (S) drops the beer and runs off. The clerk continues to pursue and the (S) turns around and punches him. a. The force was used to simply escape but not the theft ii. Force must be used against the owner or the owner’s agent (Loss prevention, security, clerk). d. The DA request the initial officer taking the report to talk to the (V) to get their statement and not rely on the (V)’s security report in the case of Loss Prevention personnel.

Answer 18

a. Prepare “in custody” cases to be submitted to the DA’s b. Do “JBLT” CJIC check for SJPD arrests related to robberies i. JBLT is an expanded booking arrest by an agency ii. Put in the PC code and it will tell you recent arrests c. Conduct DA runs no later than 10AM d. Get filed cases to Court by 11AM e. Ensure all “in custody” cases are signed off and placed in court box f. Take any cases from DA’s to the courts to be filed immediately g. Assist with answering phone calls i. Answer questions from the public h. Assigned any “in progress” crimes that occur on their assigned day

Answer 19

a. It’s an alarm that is activated – typically in bank robberies but can be placed in convenience stores that have been robbed frequently b. “10-33i” type alarm activation i. Activated by any movement of the device ii. Once activated… 1. Dispatch will receive alarm activation 2. Dispatch will open the “10-33i” computer menu to GPS the device 3. Dispatch will broadcast a “10-33i” to BFO units iii. Information that Dispatch will provide to BFO officers: 1. Heading: DOT and how fast (east at 13.7MPH) 2. Location age: how much time the device is at a specific location (8 sec) 3. Accuracy: how many feet/distance the tracking info to the device. (23 ft) 4. Branch: which bank (e.g. Bank of America at 155 Bernal Rd) 5. Device On: How long the device has been activated and tracking (5 mins c. Patrol should respond similarly to “10-33T” except there is no tracking in the car i. All tracking info will be provided by Dispatch d. No need for Pro-Net cars e. GPS and cell phone tower based f. Also Radio Frequency or RF g. May be money-bait package or an electronic device attached to the inside of an ATM machine h. Currently used at Bank of America, Golden One and Xceed Credit Unions i. NOTE: “10-33T” is still being used by other banks and credit unions j. Patrol considerations: i. Respond to the call with caution ii. Officers should respond to the bank ASAP to get more details for broadcast info 1. (S) description a. Race, age, height, weight, clothing description, 2. Weapons used 3. DOT iii. Officer set up choke points iiii. Set up perimeter – think BIG scope v. Set up contact/arrest team as perimeter units hold vi. Allow the contact team to investigate clues or persons vii. Use teamwork to update direct Communications, perimeter units and contact team viii. Look for persons and cars matching description to do 10-96 and 11-96’s ix. Recover device and swab for DNA 1. Recover evidence 2. Get surveillance k. Report writing considerations i. Avoid using “GPS” or tracking device in reports ii. Use “Traceable Money” iii. Use “the (S) was arrested based on the info given during the ongoing investigation” l. Patrol should be patient with Dispatch because sometimes info comes in slowly to them

Answer 20

a. When both CUSTODY and INTERROGATION exists b. Custody is… i. Being formally arrested, or; ii. The (S) had their freedom restrained to a degree associated with formal arrest. iii. The (S) must be aware of this lack of freedom or reasonably believe that it exists iiii. At a police facility is considered custody unless they are advised that they are “free to leave” – Beheler admonishment v. Anywhere else is not considered custody unless they are physically restrained or equivalent restraints on their freedom of movement c. Just because the (S) may be focus of an investigation does not mean that you have to give Miranda warnings

Answer 21

a. As a result of the rulings in Mathiason and Beheler, it became a standard police practice in cases where the (S) was not a flight or safety risk to try and get the (S) to come to the police station to be interviewed voluntarily, without an arrest. b. Instead of a Miranda warning, the (S) would be given a “Beheler” admonishment i. “You’re not under arrest. You’re free to leave anytime you want, ok?” c. As long as the (S) was not subjected to any physical restraint or detained at the station, then no Miranda warnings would be given and statements would often result d. Suspect must know that they are free to leave

Answer 22

a. Reasonably apparent | b. Unambiguous and unequivocal

Answer 23

US Supreme Court held that once a Mirandized (S) is in custody requests an attorney, police may no longer obtain an admissible statement from him via police-initiated interrogation during a period of continuous custody.

Answer 24

The courts upheld the Edwards rule and it applies even if officers are investigating a DIFFERENT crime.

Answer 25

a. 14 day rule b. Only applies to custodial interrogation c. Once the (S) invokes while in custody for any crime (even unrelated), the officer must wait at least 14 days before he could obtain a valid waiver for custodial interrogation i. If the (S) invokes while in jail and then gets released out of custody, then neither Miranda, nor Edwards, nor Shatzer applies. d. Before attempting any custodial interrogation, it’s necessary for police to determine whether the (S) invoked counsel to any officer, from any agency, or any case, during the previous period of custody within the past 14 days. e. Bottom line: i. After invoking counsel at custodial interrogation, the (S) is not subject to police-initiated custodial interrogation on any case unless there has been at least a 14 day break in custody. ii. However, an invocation of counsel does not preclude subsequent non-custodial police-initiated interrogation, on the same or a different case, at any time.

Answer 26

a. An electronic device or software that records phone numbers, email addresses, and web sites that a target phone, compute, or other devices has established a connection. b. Can include programs used to monitor internet communication. c. Pen reg record data pertaining to outgoing and incoming messages, phone #’s dialed, email. d. Court order required

Answer 27

a. Immediate danger of death or serious injury b. Conspiratorial activities similar to organized crime. c. Immediate threat to national security d. An outgoing attack punishable by a felony

Answer 28

a. Search warrant | b. Emergency declaration (exigent circumstances)

Answer 29

a. A judge may authorize for up to 60 days

Answer 30

a. Must be installed within 10 days of the warrant being signed b. Generally, it’s good for 30 days of monitoring c. S/W return done within 10 days of completion d. Must notify the (S) within 10 days

Answer 31

a. Testimonial b. Documentary c. Real d. Relevant to the case and non-prejudicial e. Lawfully obtained f. Not fruits of the poisonous tree g. Reliable

Answer 32

a. There are three reasons for this rule i. 1) statements by one accomplice that incriminate another are inherently unreliable because accomplices almost always try to make themselves appear less culpable by shifting as much blame as possible to their associates. ii. 2) despite their questionable reliability, statements by accomplices tend to be “devastating” in the minds of the jurors. iii. 3) (most important) – the attorney for a defendant who is incriminated by a codefendant’s statement will be unable to cross-examine the codefendant and thus test the trustworthiness of his statement if, as is often the case, he does not testify. iiii. There is of course an easy solution to the problem: prosecutors can try the defendants separately 1. This solves the problem but creates other problems a. It will almost always make it more difficult to obtain convictions b. It’s hard on victims and witnesses c. It’s expensive d. Wastes valuable court resources

Answer 33

a. The (S) explained only his role in planning and carrying out the crime b. Said nothing to suggest that he had an accomplice c. “A redacted statement”

Answer 34

a. Identical statements made b. If they were co-conspirators c. If they accomplice acknowledged a statement to be true d. Basically, a crook says the other guy that committed the crime with did all the bad stuff. i. You cannot use this alone as evidence since the crook is trying to protect himself

Answer 35

a. Get a search warrant to enter the home of a third party prior to entry b. Absent consent, probation or parole, exigent circumstances

Answer 36

a. A search warrant b. An arrest for a felony c. The (S) has abandoned the DNA – (cigarette) d. Lawful ruse i. Traffic stop pretext PAS test e. Written or verbal consent

Answer 37

a. Primary DA - Angela Bernard b. 5th floor, BAT team c. Gangs is Lance Dougherty

Answer 38

a. When the property was stolen or embezzled. b. When property or things were used as the means of committing a felony. c. When property or things are in possession of a person with the intent to use to commit a public offense, or in the possession of another to whom its purpose is to conceal or prevent its discovery. d. When property or things shows evidence that a felony has been committed, or shows a particular person committed a felony. e. When property or things to be seized shows that sexual exploitation of a child has occurred or is occurring.

Answer 39

a. If the item is a contraband. b. There is probable cause to believe there’s a NEXUS between the item to be seized and evidence of a crime. i. Must be specific articulable facts beyond mere speculation.

Answer 40

a. 844PC – Arrest Warrant | b. 1531PC – Search Warrant

Answer 41

a. 6AM-10PM, unless it’s endorsed for night service b. If it’s not between the above time frame i. In a public place ii. The person must be under arrest for another charge

Answer 42

a. 7AM-10PM

Answer 43

a. The names of all affiants b. The statutory grounds for issuance (1524PC) c. A description of the places and/or persons to be searched d. A description of the things and property to be seized e. An indication by the magistrate if nighttime search is authorized f. The magistrate’s signature g. The date issued

Answer 44

a. Obtain a new search warrant | b. Resubmit the warrant so it may be reissued and revalidated.

Answer 45

i. Burden of proof - shifts to the defense as opposed to the prosecution on an on-view arrest ii. Efficiency – it can save a significant amount of court time. May save the many hours required to defend suppression motions and other challenges to warrant-less arrest iii. Confidentiality – if a Ramey warrant is used, it is less likely that the defense will be able to discover the identity of a confidential informant iiii. Aid in apprehension – A Ramey warrant may be entered into CLETS/WPS either as a “permanent” warrant or as a “temporary” warrant v. Case strategy vi. Confidentiality of victim/witness info

Answer 46

a. No, you cannot get a Ramey Warrant for a (S) under 18 years old. b. Age is considered

Answer 47

a. Narcotics b. Firearms c. Currency over $10 d. Explosives e. Biological evidence (e.g. blood, DNA, SART kit) f. Any item(s) which exceeds locker space

Answer 48

a. 10 total items | b. 4 contact DNA

Answer 49

a. 211PC b. The felonious taking of personal property in the possession of another, c. From his person or immediate presence, d. And against his will, e. Accomplished by means of force or fear.

Answer 50

a. First degree or 212.5(a)PC, and b. Second degree i. Robberies that don’t meet the require of First Degree

Answer 51

a. Inhabited dwelling or home, or b. Yacht or boat, or c. The (V) is a driver of a… i. Bus ii. Taxi iii. Cable street car iiii. Trolley or other services d. Using an ATM

Answer 52

a. 518PC – a felony b. Also known as “blackmail” c. Applies when any of these occur: i. Use force or threats to compel another person to give you money or other property ii. Use force or threats to compel a public officer to perform an official act, or iii. if you are a public official, act under color of your official right to compel another person to give you money or other property

Answer 53

a. 215PC b. A person had possession of a car; c. You took that car from his/her immediate presence (applies to passengers too); d. Against his/her will by force or fear, and; e. With the intent to deprive that person of that car permanently or temporarily. f. This is a strike offense with the (S) having to serve at least 85% of their sentence.

Answer 54

a. Elements of 207PC: i. The (S) moves the (V), ii. A substantial distance, iii. Without the (V)’s consent, iiii. By using force or fear. b. Force or fear means actually inflicting force or threaten to inflict imminent physical harm. c. Strike offense – 85% of sentence

Answer 55

a. Kidnapping in conjunction with a robbery or other sex crimes i. Sex crimes include rape, spousal rape, sodomy, oral copulation, or any violation of section 264.1PC, 288PC, or 289PC. b. Life sentence with a possibility of parole.

Answer 56

a. Carries a life sentence b. Strike offense c. 208PC - same as above but the (V) is under 14 years old, or d. Kidnapping with serious bodily injury or death, or e. Kidnapping in conjunction with a carjacking, or f. Kidnapping with ransom

Answer 57

a. Yes, per 633.5PC. i. Amended 1/11/17 b. Any felony involving a felony against a person

Answer 58

- outgoing calls - internet communication - does not record conversation.

Answer 59

- numbers of incoming calls - internet communication - does not record conversation

Answer 60

Yes. The recipient need to be informed within three court days of obtaining the electronic communication. Exception: obtain information from a 911 call from a device: phone number, and location of the device. If there is an adverse result, notification can be delayed for up to 90 days.

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Robbery Flashcards

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