sergeant's exam p&p Flashcards
In the event of an accidental discharge of your electronic control device, Is a response to resistance form required if there are no injuries?
No
What is the burden of proof in seizure cases?
Clear and Convincing. The owner(s) knew or should have known after reasonable inquiry that property would be used in violation of law
Can you seize a vehicle based solely on possession and transportation of a controlled substance?
Yes, if possession or knowledge of possession can be imputed to the vehicle’s owner
When can you subject a vehicle to forfeiture after finding a concealed firearm inside?
Only when the firearm has been used in the commission of an independent felony, or the firearm itself is contraband
When can you seize money in relation to drug cases?
There must be probable cause to believe that the currency was used, was attempted to be used, or was intended to be used in furtherance of a drug transaction
Absent additional circumstances, what is the (dollar) threshold for seizing currency?
$250
Name 4 factors that determine whether a real property (land) seizure will be made
- Whether the seizure is cost-effective
- The availability of alternative methods of seizure
- The impact of forfeiture on co-owners and lien holders
- The impact of forfeiture on the public health, safety, and welfare
Where is forfeited currency deposited?
The Law Enforcement Trust Fund, to be used for Departmental purposes as provided by law
What is the principle objective of asset forfeiture?
Law enforcement
Who makes the decision of whether to seize currency?
Supervisory personnel
Can you seize property that is jointly titled?
Yes, provided that you can prove both of the co-owners knew, or should have known after reasonable inquiry, of illegal use of the seized property
Can you issue a citation to someone with diplomatic immunity?
Yes, but you cannot compel him/her to sign the citation
Can you detain someone with diplomatic immunity?
Yes, but only long enough to verify that they have diplomatic immunity
When passports are lost or stolen, which agency needs to be notified?
Interpol - Washington
What are 4 options for dealing with someone suspected of DUI who has diplomatic immunity?
- Take the individual somewhere (official) where they can sober up
- Make arrangements for a friend or relative to pick him/her up
- Call a taxi
- Take the individual home
What are the 6 types of incidents that can be reported using on-line reporting?
- Lost property
- Vehicle Burglary
- Petit theft
- Harassing phone calls
- Pickpocket
- Vandalism
When can OPD officers engage in law enforcement activities in unincorporated Orange County?
- If a forcible felony occurs in the officer’s presence
- When taking action on a forcible felony and another misdemeanor occurs in the officer’s presence
- If an officer witnesses a crime of violence against a person
- If an officer witnesses a DUI
- In order to provide back up for OCSO deputies
Does mutual aid authorize routine patrol in unincorporated Orange County?
No
Does mutual aid authorize issuance of non-criminal traffic infractions in unincorporated Orange County?
No
Does mutual aid authorize recovery of stolen vehicles in unincorporated Orange County?
No
True or False - When mutual aid is invoked, OPD officers will complete an incident report
True
Is mutual aid required if officers are in fresh pursuit of a suspect in another jurisdiction?
No, as long as officers are in fresh pursuit. Fresh pursuit is defined as an instance when an officer is engaged in an ongoing investigation immediately after an incident. Immediately is generally defined as six hours or less. The officer shall notify the watch commander prior to leaving the city limits, and the watch commander will make a courtesy call to the agency of jurisdiction
Name 3 types of extraordinary police incidents
- A natural disaster
- A major labor demonstration
- A civil disturbance
How long can an officer follow a vehicle before being required to notify his/her supervisor?
15 minutes