Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Academy Week 1 > Searches 3, Duty to Intervene, Fair and Impartial Policing > Flashcards

Searches 3, Duty to Intervene, Fair and Impartial Policing Flashcards

1
Q

When can a warrantless search be conducted (6 instances)?

A
  • Consent
  • incident to arrest
  • certain vehicle searches
  • emergency searches
  • supervisory work searches
  • searches of students by school officials
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What are the two things needed for a consent search?

A
  1. Voluntariness (no coercion)
  2. Person giving consent must lawfully possess property to be searched

THEY MUST HAVE APPARENT AUTHORITY OVER THE PROPERTY!

Try to get proof of consent in writing!

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Warning of rights

A

You don’t have to tell people that they are free to deny a search/leave

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Receipt/certificate

A

If you seize anything, itemize it on paper and give a receipt to the searchee… also put a copy of the receipt in the case file

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

3 ways to search a person:

A
  • incident to a lawful arrest
  • consent
  • with a search warrant
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

purposes for a detailed search incident to arrest…

A
  • officer safety
  • prevent escape
  • preserve evidence

THE RIGHT TO SEARCH FRLOWS FROM THE FACT THAT THEY ARE UNDER ARREST.

IMPOSITION OF CUSTODY IS THE KEY TO SUCH SEARCHES.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What are the threshold requirements for a search incident to arrest?

A
  • a lawful arrest

- search must be made at time and place of arrest

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Inventory of private property

A
  • itemized list left at jail

- give receipt to arrestee

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Vehicle searches

A

Carroll Doctrine… warrantless searches are allowed with probable cause to believe the vehicle contains contraband

With probable cause, no warrant, arrest, or probable cause is required for a detailed vehicle search!

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Does conducting a vehicle give you legal grounds to also search its occupants?

A

NO… though a Terry Frisk is permitted if you have reasonable suspicion that they are armed/dangerous

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Can you search a vehicle after only issuing a citation/ticket?

A

NO

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Different types of warrantless vehicle searches:

A
  • Frisk type (for weapons only)
  • Inventory (requires custody of vehicle)
  • Consent
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What are the three reasons for an inventory search?

A
  1. protection of owner’s property
  2. protection of the police against claims or disputes over lost or stolen property
  3. protection of the police from potential danger

ALWAYS USE TWO OFFICERS, PHOTOGRAPH THE INTERIOR AND EXTERIOR… REMOVE ANY NON-EVIDENTIARY ITEMS OF SIGNIFICANT VALUE AND ANY CONTRABAND/EVIDENCE.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

When can you perform an emergency search?

A

“When there is a compelling need for official action and no time to get a warrant”

  • Exigent circumstances (protect life/safety of people or prevent evidence from being destroyed, hot pursuit, etc)

Only make such searches if absolutely necessary and be prepared to justify your conduct with reasonable facts.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

When responding to a crime, how in depth can a crime scene search be?

A

Other than observation of contraband in plain view…

  • a quick clearing is legal if there is probable cause of other dangerous persons in the premises
  • no detailed search is legal without probable cause

THERE IS NO “CRIME SCENE EXCEPTION” TO THE 4TH AMENDMENT

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

when can a government supervisor perform a warrantless search on their subordinates (a desk, for instance)

A
  • if search is for non-investigatory work-related purpose
  • if search is to investigate work-related misconduct

These searches are still subject to the 4th Amendment… reasonable expectation of privacy still applies to some extent.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Define duty to intervene

A

any officer who witnesses what they know to be excessive use of force, or any other unlawful action, taken against any subject or arrestee must take immediate action to stop or prevent such conduct.

18
Q

Does the duty to intervene only encompass use of force issues?

A

NO… ANY WITNESSED OR DISCOVERED MISCONDUCT

19
Q

Failure to intervene could subject the officer to possible ramifications or penalties such as:

A
  • Discipline by the agency
  • criminal prosecution
  • litigation
20
Q

Do agency policy and federal/state laws always align?

A

No, agency policy may be stricter than normal laws. Even if misconduct does not result in conviction, an officer may still face discipline for their agency.

21
Q

Do you have a duty to report unlawful conduct?

A

YES… failure to do so will result in disciplinary action.

22
Q

Does successful intervention mean you do not need to report misconduct/unlawful activity?

A

NO… it must still be reported

23
Q

What to do if officer misconduct results in injury to another person?

A

IF AID IS REQUIRED, ENSURE THAT MEDICAL ATTENTION IS ADMINISTERED

24
Q

Possible disciplinary actions your agency may take:

A
  • written discipline
  • probationary status
  • suspension from duty
  • demotion/promotion non-rec
  • TERMINATION TERMINATION TERMINATION
25
Q

The penalties for criminal violations relate to the severity of harm that may been caused to the victim.

A
  • DEPRIVATION OF CIVIL RIGHTS… fine and/or imprisonment up to 1 year
  • BODILY INJURY involving dangerous weapon, explosives, or fire… fine and/or imprisonment up to 10 years
  • DEATH, kidnapping, sexual assault/abuse, attempt to kill… fine and/or imprisonment up to life OR DEATH SENTENCE
26
Q

South Carolina recognizes the legal theory of accomplice liability. What does this mean?

A

“Hand of one as the hand of all”

27
Q

Who said that modesty forbids what the law does not?

A

Lucius Annaeus Seneca (Seneca the Younger)

28
Q

Ways to intervene…

A

there are multiple, but remember that you can PHYSICALLY STEP BETWEEN THE FELLOW OFFICER AND THE SUBJECT

29
Q

Does the fact that everyone holds personal biases mean that they are automatically going to be prejudiced or discriminate towards others?

A

NO

30
Q

what is bias?

A

an inclination of temperament or outlook

31
Q

Define explicit

A

fully revealed or expressed

32
Q

define implicit

A

involved in the nature or essence of something though not revealed, expressed, or developed

33
Q

define prejudice

A

preconceived judgment or opinion formed without just grounds or before sufficient knowledge

34
Q

define discrimination

A

prejudiced or prejudicial outlook, action, or treatment

35
Q

What is the difference between EXPLICIT and IMPLICIT biases?

A

Explicit bias is intentional and controllable, while implicit bias is less intentional and controllable

36
Q

Does implicit bias always manifest itself in explicit discriminatory or racist behavior?

A

no

37
Q

What is a schema?

A

a mental codification of experience

38
Q

What is one of the best ways to form a different opinion or attitude towards an individual or group?

A

interact with that individual or group and listen to them

to adjust your perspective, try to see things from another person’s point of view

39
Q

How can agencies try to eliminate bias?

A
  • training

- recruiting diverse people

40
Q

How should the decision to use force be made?

A

from a neutral, unbiased standpoint, based on articulatable facts

41
Q

What is it called when an officer hesitates to use the amount of force necessary even when his life is threatened?

A

the Ferguson effect

Academy Week 1 (7 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions