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UCLETG > Test 2 > Flashcards

Test 2 Flashcards

1
Q

What is the function of an arrest warrant

A

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

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2
Q

Discovery cases

A

People v. Rosario: Information must be turned over to defense from prosecutor

Brady v. Maryland: Prosecutor held liable if information is hidden from defense

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3
Q

List three pieces of information necessary to check property via E-Justice

A

1: Make

2: Model #

3: Serial #

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4
Q

Six types of physical force

A

1: Presence

2: Verbal

3: Hands

4: Chemical/Electronic

5: Impact weapon

6: Deadly

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5
Q

Petty offenses

A

1: Traffic infractions

2: Violations

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6
Q

What is an appearance ticket

A

Requires a person to appear at a local criminal court in connection with aligned offenses

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7
Q

Level One DeBour

A

Objective Credible Reason

Approach to request information

Police can ask non-threatening questions. Encounter should be brief with no harassment

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8
Q

Level Two DeBour

A

Founded Suspicion

Common Law Right of Inquiry

Police can ask pointed questions which may lead one to believe they are suspected of a crime

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9
Q

Level Three DeBour

A

Reasonable Suspicion

Can forcibly detain, pursue, handcuff, frisk, pull car out of traffic

Frisk only allowed if in fear of weapon or physical injury

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10
Q

Level Four DeBour

A

Probable Cause

Arrest and full search

Can arrest and search incident

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11
Q

Four emergency calls

A

Crimes in progress

Deadly weapon

Automobile accidents

Fires

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12
Q

Three elements of a crime

A

Desire

Ability

Opportunity

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13
Q

Under plain view exception

A

Any evidence which you can see can be obtained

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14
Q

True or False

When making level two DeBour inquiry, officer may ask invasive and accusatory questions which target a specific person to investigative purposes

A

True

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15
Q

When can officers use deadly physical force

A

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

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16
Q

True or False

Police may stop and question a person if he has reasonable suspicion

A

True

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17
Q

What are the three major categories of evidence

A

1: Testimonial

2: Documentary

3: Physical/Real

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18
Q

What are the roles of police officers in regards to crime prevention

A

1: Integrate into patrol techniques

2: Educate the public

3: Perform security services

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19
Q

What is a warrant of arrest

A

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

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20
Q

Where do police get the authority to use force in NYS

A

1: The US and NYS constitutions

2: Article 35 of the NYS Penal Law

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21
Q

Mapp v. Ohio

A

Established exclusionary rule stating evidence found illegally is not admissible in court

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22
Q

Four types of detention

A

1: Secure

2: Non-secure

3: Runaway shelter

4: Respite housing

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23
Q

What is the responsibility of all law enforcement agencies

A

Establish policies and procedures that ensure compliance with all federal and state law

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24
Q

What is an appearance ticket

A

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

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25
Q

What is the constitutional basis for a search and seizure

A

Fourth Amendment

Protection against unreasonable search and seizure

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26
Q

Five types of crime scene

A

1: Interior

2: Exterior

3: Moveable

4: Multiple

5: Body

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27
Q

What are the standards of proof

A

1: Reasonable suspicion

2: Reasonable cause to believe

3: Preponderance of the evidence

4: Beyond a reasonable doubt

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28
Q

Situations that do not require a warrant for search and seizure

A

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

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29
Q

Four types of property subject to search and seizure

A

1: Stolen property

2: Unlawfully possessed property

3: Instrumentalities of a crime

4: Mere Evidence

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30
Q

What regulates search and seizure

A

1: Constitutional law on federal and state level

2: Statutory law

3: Case law (federal and state)

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31
Q

Waiver to counsel must be done under what conditions?

A

1: Voluntarily

2: Knowingly

3: Intelligently

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32
Q

What are three types of pre-trial identification

A

1: Line-ups/Show-ups

2: Photographic arrays

3: Voice identification

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33
Q

What are the five types of accusatory instruments

A

1: Information

2: Simplified information

3: Prosecutors information

4: Misdemeanor complaint

5: Felony complaint

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34
Q

What is the significance of Mapp v. Ohio

A

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

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35
Q

What are the conditions which must be met for a plain view exception

A

Officer must be able to see the evidence of a crime from a lawful vantage point and incriminating evidence must be immediately apparent

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36
Q

What is the constitutional basis governing interview and interrogation

A

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

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37
Q

Exclusionary rule for search and seizure

A

Prohibits the introduction in court of evidence which was siezed in violation of the fourth amendment

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38
Q

What is an accusatory instrument

A

A document which formally accuses a defendant of a criminal offense

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39
Q

Factors that may make a consent to search invalid

A

1: Extreme intoxication

2: Mental incapacity

3: Incapacity due to age

4: Request for legal council

5: Coercion or duress

6: False promise/Fraud

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40
Q

Deadly physical force

A

Physical force that is readily capable of causing death or serious physical injury

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40
Q

What is the significance of Graham v. Connor

A

Established that all cases involving officer use of force should be analyzed under the fourth amendment and its reasonableness standard

41
Q

What is justification

A

Defense to an offense

Holds that reason for offense negates criminal nature of offense

42
Q

Why do police generally use force

A

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

43
Q

What are the communication tips for people with medical conditions

A

1: Approach from front

2: Introduce yourself

3: Speak slowly

4: Be mindful of body language

5: Minimize distractions

6: Use simple language

44
Q

Main categories of disabilities

A

1: Emotional

2: Mental

3: Physical

4: Learning

5: Intellectual

45
Q

Disability

A

Any physical or mental condition that substantially limits one or more major life activites

46
Q

Benefits of crime prevention

A

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

47
Q

Payton v. NY

A

Police officer may enter into a residence with an arrest warrant absent a search warrant

48
Q

Procedure immediately following a Juvenile Arrest

A

Must be brought to in an approved juvenile interrogation room

Officer must immediately contact parents/custodial guardian

49
Q

United States v. Steagald

A

Police cannot enter into a third party residence with an arrest warrant, absent a search warrant or consent

50
Q

Four factors of emotional distress

A

Mental Illness

Medical Condition

Substance Use

Situational Stress

51
Q

Elements of mental hygiene custody documentation

A

1: Threaten to harm themselves or others

2: Medical health history

3: Medications

52
Q

True or False

Person in distress may have a lower stress tolerance or respond in an exaggerated way

A

True

53
Q

True or false

Most child abductors/killers are motivated by sex

A

True

54
Q

What is not included in a residential security survey

A

Pets in residence

55
Q

After arresting a person and realizing there was an error, and no crime can be charged, what must be done

A

Person must be immediately released

56
Q

Crimes which often target elderly victims

A

1: Abuse

2: Fraud

3: Robbery/Burglary

4: Scams

5: Neglect

57
Q

Brendlin v. California

A

Once a vehicle is stopped it is seized along with its passengers

58
Q

Four types of physical evidence

A

1: Fruits of a crime

2: Instruments of a crime

3: Results of a crime

4: Identity of the criminal

59
Q

RESPOND

A

Respond
Evaluate
Secure scene
Protect
Observe
Note-taking
Determine and document

60
Q

Why do police use deadly physical force

A

1: Defense of others from perceived DPF

2: In self-defense from perceived DPF

61
Q

Physical force

A

Physical force not readily capable of causing death or serious physical injury

62
Q

What is a minor

A

Anyone under 18

63
Q

P.I.N.S.

A

Persons in Need of Supervision

64
Q

True or False

Deadly physical force is defined in article 35 as force that is readily capable of causing death or serious physical injury

A

True

65
Q

When to fingerprint a suspect

A

If offense requires fingerprinting, offender must be fingerprinted before being released with an appearance ticket

66
Q

Citizen/Civilian arrest powers

A

May arrest for a felony only when latter has in FACT committed the crime, anywhere in the state

67
Q

True or false

People with mental illness are more violent and dangerous than the general population

A

False

68
Q

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

A

True

69
Q

True or false

Not using enough force can lead to misuse of force complaint

A

True

70
Q

True or false

Family courts have state-wide jurisdiction

A

True

71
Q

True or false

Performing security services is a role of the police officer in regards to crime prevention

A

True

72
Q

True or false

A police officer may arrest a person solely on mere suspicion that they committed a crime

A

False

73
Q

Three crimes that a DA can prove preponderance for that keep cases from being removed for Adolescent Offenders

A

1: Significant physical injury to a victim

2: Display of firearms, shotgun, rifle, deadly weapon

3: Sex offenses (Penal Law 130)

74
Q

What are the five custody options for juveniles

A

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

75
Q

How old are juvenile delinquents

A

Children aged between seven and younger than eighteen

76
Q

What is an adolescent offender

A

Offender at least sixteen years old and less than eighteen years old that commit a felony level crime

77
Q

What are the characteristics of a juvenile offender

A

1: Child may come from a broken family

2: Irresponsible

3: Susceptible to peer pressure

4: Drugs and alcohol may be involved

78
Q

Can you charge a thirteen year old with arson in the second degree

A

No

79
Q

Can you charge a six year old with murder or manslaughter

A

No. They are too young to be a juvenile offender

80
Q

Can you charge a thirteen year old with murder in the second degree

A

Yes

81
Q

What type of offender are children between sixteen and seventeen years of age

A

Adolescent offenders

82
Q

Two criteria for Pre-petition Detention

A

Risk juvenile will not show for appearance

Risk juvenile will offend again

83
Q

Juvenile must show up to a city court judge. Why?

A

City court judges are the only judges that are required to be attorneys because they hear civil cases

84
Q

Who can legally possess hypodermic needles

A

People who have a written prescription by a healthcare practitioner or authorization by commissioner of public health

85
Q

Three assisting organizations of law enforcement

A

Department of health

Hospitals

Red Cross

86
Q

Three types of damages paid in civil cases

A

Punitive

Compensatory

Nominal

87
Q

Three signs of elder abuse

A

Physical injuries

Poor hygiene

Messy living conditions

88
Q

Areas which generally do not require a search warrant for entry and search

A

Vehicles

Abandoned buildings

Open fields

Citizen to citizen contact

A person lacking standing (a person who does not belong where they are)

89
Q

Two important cases related to discovery

A

People v Rosario

Brady v Maryland

90
Q

Where in NYS is a warrant of arrest valid

A

Anywhere in the state

91
Q

Information filed in a local criminal court is considered ______

A

A verified, written accusation

92
Q

A death is considered to have occurred in NYS, if_____

A

A major part of the body is found in NYS

93
Q

Define police officer

A

Any person designated by a government entity as per section 1.20 of the NYS CPL

94
Q

Define serious physical injury

A

And injury which carries the risk of death, loss of function of an organ, or protracted disfigurement

95
Q

Penal law Article 35

A

Justification of force

96
Q

Why do police officers use force

A

To gain control of a situation

Make an arrest

Prevent crime

Defend property

Prevent escape

Prevent destruction of evidence

Protect self or others

97
Q

What is a juvenile offender

A

A person between the ages of thirteen and fifteen who can be held criminally responsible for designated felony acts

98
Q

What is a hate crime

A

A crime motivated in whole or in part by the victims race, color, religion, gender, sexual orientation, etc.

99
Q

What is “biased policing”

A

Exercising police authority to detain or seize based solely on race, ethnicity, religion, etc.

UCLETG (18 decks)

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