Test 2 Flashcards
What is the function of an arrest warrant
To achieve a defendants court appearance in a criminal action for the purpose of arraignment upon the accusatory instrument by which such action was commenced
Discovery cases
People v. Rosario: Information must be turned over to defense from prosecutor
Brady v. Maryland: Prosecutor held liable if information is hidden from defense
List three pieces of information necessary to check property via E-Justice
1: Make
2: Model #
3: Serial #
Six types of physical force
1: Presence
2: Verbal
3: Hands
4: Chemical/Electronic
5: Impact weapon
6: Deadly
Petty offenses
1: Traffic infractions
2: Violations
What is an appearance ticket
Requires a person to appear at a local criminal court in connection with aligned offenses
Level One DeBour
Objective Credible Reason
Approach to request information
Police can ask non-threatening questions. Encounter should be brief with no harassment
Level Two DeBour
Founded Suspicion
Common Law Right of Inquiry
Police can ask pointed questions which may lead one to believe they are suspected of a crime
Level Three DeBour
Reasonable Suspicion
Can forcibly detain, pursue, handcuff, frisk, pull car out of traffic
Frisk only allowed if in fear of weapon or physical injury
Level Four DeBour
Probable Cause
Arrest and full search
Can arrest and search incident
Four emergency calls
Crimes in progress
Deadly weapon
Automobile accidents
Fires
Three elements of a crime
Desire
Ability
Opportunity
Under plain view exception
Any evidence which you can see can be obtained
True or False
When making level two DeBour inquiry, officer may ask invasive and accusatory questions which target a specific person to investigative purposes
True
When can officers use deadly physical force
When they believe such force is necessary to defend an officer or another
When they reasonable suspect it to be imminently used against themselves or others
True or False
Police may stop and question a person if he has reasonable suspicion
True
What are the three major categories of evidence
1: Testimonial
2: Documentary
3: Physical/Real
What are the roles of police officers in regards to crime prevention
1: Integrate into patrol techniques
2: Educate the public
3: Perform security services
What is a warrant of arrest
Process issued by local criminal court directing a police officer or peace officer to arrest a defendant.
Designated an accusatory instrument filed with such court
Where do police get the authority to use force in NYS
1: The US and NYS constitutions
2: Article 35 of the NYS Penal Law
Mapp v. Ohio
Established exclusionary rule stating evidence found illegally is not admissible in court
Four types of detention
1: Secure
2: Non-secure
3: Runaway shelter
4: Respite housing
What is the responsibility of all law enforcement agencies
Establish policies and procedures that ensure compliance with all federal and state law
What is an appearance ticket
A written notice issued by a police officer or public servant authorized by state ‘local law directing a person to appear in a designated local criminal court
What is the constitutional basis for a search and seizure
Fourth Amendment
Protection against unreasonable search and seizure
Five types of crime scene
1: Interior
2: Exterior
3: Moveable
4: Multiple
5: Body
What are the standards of proof
1: Reasonable suspicion
2: Reasonable cause to believe
3: Preponderance of the evidence
4: Beyond a reasonable doubt
Situations that do not require a warrant for search and seizure
1: Search incident to a lawful arrest
2: Emergency/exigent circumstances
3: Consent to search
4: Plain view
5: Hot pursuit
6: Inventory procedure
7: Automobile exception
8: Stop, question, and frisk
Four types of property subject to search and seizure
1: Stolen property
2: Unlawfully possessed property
3: Instrumentalities of a crime
4: Mere Evidence
What regulates search and seizure
1: Constitutional law on federal and state level
2: Statutory law
3: Case law (federal and state)
Waiver to counsel must be done under what conditions?
1: Voluntarily
2: Knowingly
3: Intelligently
What are three types of pre-trial identification
1: Line-ups/Show-ups
2: Photographic arrays
3: Voice identification
What are the five types of accusatory instruments
1: Information
2: Simplified information
3: Prosecutors information
4: Misdemeanor complaint
5: Felony complaint
What is the significance of Mapp v. Ohio
Search of a third party home for a suspect without a search warrant where fruits of the crime are found
Established exclusionary rule barring evidence from being entered in court if it was found illegally
What are the conditions which must be met for a plain view exception
Officer must be able to see the evidence of a crime from a lawful vantage point and incriminating evidence must be immediately apparent
What is the constitutional basis governing interview and interrogation
Fifth and sixth amendments
5th: Right the grand jury, right to avoid double jeopardy, right to avoid self incrimination
6th: Right to a public trail, right to counsel, and right to an impartial jury
Exclusionary rule for search and seizure
Prohibits the introduction in court of evidence which was siezed in violation of the fourth amendment
What is an accusatory instrument
A document which formally accuses a defendant of a criminal offense
Factors that may make a consent to search invalid
1: Extreme intoxication
2: Mental incapacity
3: Incapacity due to age
4: Request for legal council
5: Coercion or duress
6: False promise/Fraud
Deadly physical force
Physical force that is readily capable of causing death or serious physical injury
What is the significance of Graham v. Connor
Established that all cases involving officer use of force should be analyzed under the fourth amendment and its reasonableness standard
What is justification
Defense to an offense
Holds that reason for offense negates criminal nature of offense
Why do police generally use force
1: to establish control in a situation
2: Protect others/ self
3: Make an arrest or effect a detention
4: Protect property
5: Prevent the destruction of evidence
6: Prevent escape of a prisoner
What are the communication tips for people with medical conditions
1: Approach from front
2: Introduce yourself
3: Speak slowly
4: Be mindful of body language
5: Minimize distractions
6: Use simple language
Main categories of disabilities
1: Emotional
2: Mental
3: Physical
4: Learning
5: Intellectual
Disability
Any physical or mental condition that substantially limits one or more major life activites
Benefits of crime prevention
1: Decline of crime rate
2: Increased reporting rates
3: Increased clearance rates
4: More informed public
5: Increased positive interaction between citizens and law enforcement
Payton v. NY
Police officer may enter into a residence with an arrest warrant absent a search warrant
Procedure immediately following a Juvenile Arrest
Must be brought to in an approved juvenile interrogation room
Officer must immediately contact parents/custodial guardian
United States v. Steagald
Police cannot enter into a third party residence with an arrest warrant, absent a search warrant or consent
Four factors of emotional distress
Mental Illness
Medical Condition
Substance Use
Situational Stress
Elements of mental hygiene custody documentation
1: Threaten to harm themselves or others
2: Medical health history
3: Medications
True or False
Person in distress may have a lower stress tolerance or respond in an exaggerated way
True
True or false
Most child abductors/killers are motivated by sex
True
What is not included in a residential security survey
Pets in residence
After arresting a person and realizing there was an error, and no crime can be charged, what must be done
Person must be immediately released
Crimes which often target elderly victims
1: Abuse
2: Fraud
3: Robbery/Burglary
4: Scams
5: Neglect
Brendlin v. California
Once a vehicle is stopped it is seized along with its passengers
Four types of physical evidence
1: Fruits of a crime
2: Instruments of a crime
3: Results of a crime
4: Identity of the criminal
RESPOND
Respond
Evaluate
Secure scene
Protect
Observe
Note-taking
Determine and document
Why do police use deadly physical force
1: Defense of others from perceived DPF
2: In self-defense from perceived DPF
Physical force
Physical force not readily capable of causing death or serious physical injury
What is a minor
Anyone under 18
P.I.N.S.
Persons in Need of Supervision
True or False
Deadly physical force is defined in article 35 as force that is readily capable of causing death or serious physical injury
True
When to fingerprint a suspect
If offense requires fingerprinting, offender must be fingerprinted before being released with an appearance ticket
Citizen/Civilian arrest powers
May arrest for a felony only when latter has in FACT committed the crime, anywhere in the state
True or false
People with mental illness are more violent and dangerous than the general population
False
True or false
Some of the possible consequences of the misuse of force by a police or peace officer can be both a criminal and a civil matter
True
True or false
Not using enough force can lead to misuse of force complaint
True
True or false
Family courts have state-wide jurisdiction
True
True or false
Performing security services is a role of the police officer in regards to crime prevention
True
True or false
A police officer may arrest a person solely on mere suspicion that they committed a crime
False
Three crimes that a DA can prove preponderance for that keep cases from being removed for Adolescent Offenders
1: Significant physical injury to a victim
2: Display of firearms, shotgun, rifle, deadly weapon
3: Sex offenses (Penal Law 130)
What are the five custody options for juveniles
1: Appearance ticket
2: Juvenile delinquency petition
3: Take into custody to police department for questioning
4: Take home for questioning with guardian approval
5: Pre-petition detention
How old are juvenile delinquents
Children aged between seven and younger than eighteen
What is an adolescent offender
Offender at least sixteen years old and less than eighteen years old that commit a felony level crime
What are the characteristics of a juvenile offender
1: Child may come from a broken family
2: Irresponsible
3: Susceptible to peer pressure
4: Drugs and alcohol may be involved
Can you charge a thirteen year old with arson in the second degree
No
Can you charge a six year old with murder or manslaughter
No. They are too young to be a juvenile offender
Can you charge a thirteen year old with murder in the second degree
Yes
What type of offender are children between sixteen and seventeen years of age
Adolescent offenders
Two criteria for Pre-petition Detention
Risk juvenile will not show for appearance
Risk juvenile will offend again
Juvenile must show up to a city court judge. Why?
City court judges are the only judges that are required to be attorneys because they hear civil cases
Who can legally possess hypodermic needles
People who have a written prescription by a healthcare practitioner or authorization by commissioner of public health
Three assisting organizations of law enforcement
Department of health
Hospitals
Red Cross
Three types of damages paid in civil cases
Punitive
Compensatory
Nominal
Three signs of elder abuse
Physical injuries
Poor hygiene
Messy living conditions
Areas which generally do not require a search warrant for entry and search
Vehicles
Abandoned buildings
Open fields
Citizen to citizen contact
A person lacking standing (a person who does not belong where they are)
Two important cases related to discovery
People v Rosario
Brady v Maryland
Where in NYS is a warrant of arrest valid
Anywhere in the state
Information filed in a local criminal court is considered ______
A verified, written accusation
A death is considered to have occurred in NYS, if_____
A major part of the body is found in NYS
Define police officer
Any person designated by a government entity as per section 1.20 of the NYS CPL
Define serious physical injury
And injury which carries the risk of death, loss of function of an organ, or protracted disfigurement
Penal law Article 35
Justification of force
Why do police officers use force
To gain control of a situation
Make an arrest
Prevent crime
Defend property
Prevent escape
Prevent destruction of evidence
Protect self or others
What is a juvenile offender
A person between the ages of thirteen and fifteen who can be held criminally responsible for designated felony acts
What is a hate crime
A crime motivated in whole or in part by the victims race, color, religion, gender, sexual orientation, etc.
What is “biased policing”
Exercising police authority to detain or seize based solely on race, ethnicity, religion, etc.
