Test 2 Flashcards
True or false- Knowingly failing to obey the lawful order of any law enforcement officer engaged in the law enforcement officer’s duties at the scene of a fire does not constitute a violation of R.C. 2917.13(A) (Misconduct at Emergency)
False- It is a violation
True or false- Telecommunications Harassment (R.C. 2917.21) only prohibits behaviors made by phone
False- It can also include, among other things, a computer, scanner, radio
Under R.C. 2917.21(A) (Telecommunications Harassment) can a person violate the offense by just knowingly permitting a telecommunication to be made from his or her telecommunications device for one of the prohibited purposes, but not actually making the prohibited telecommunications himself or herself?
Yes
Does R.C. 2917.21(B)(2) (Telecommunications Harassment) require that a person (a) purposely, (b) knowingly, or (c) recklessly post a text or audio statement on a webpage for the purpose of abusing, threatening, or harassing another person, or is it (d) a strict liability offense?
Knowingly
What is the Revised Code section on bribery?
R.C. 2921.02
Give a name and code section of the Revised Code provision that prohibits the unlawful attempt to influence behavior by threat
Intimidation (R.C. 2921.03) Intimidation of Attorney, Victim, or Witness in a Criminal Case (R.C. 2921.04)
What does R.C. 2921.11(Perjury) deal with?
The Falsification of a Testimony
Does R.C. 2921.11(Perjury) require that a person (a) purposely, (b) knowingly, or (c) recklessly make a false statement under oath, or is it (d) a strict liability offense?
Knowingly
Officers shall use force only when no reasonably effective alternative appears to exist and shall use only the level of force which a reasonably prudent officer would use under the same or similar circumstances. The CARA model will be used to evaluate the balance and level of response.
True
An officer may only fire warning shots when reasonably necessary to affect an arrest
False
Police officers have a duty to intervene to prevent or stop the use of excessive force by another law enforcement officer when it is safe and reasonable to do so.
True
The conducted energy weapon (CEW, a/k/a Taser) may be used for a response to someone who is _________ an arrest (attempting to flee or fleeing, holding on to the steering wheel, hiding hands under his body to avoid handsufing, etc.) but who is otherwise non-combative (not striking or attempting to strike the oflicer).
Actively resisting
Based on the Supreme Court case Graham v. Connor, which of the following factors will a court NOT consider when determining what level of force is reasonably justified based on the facts of the case?
Violations of departmental policy
Handeufling is considered a use of force; therefore, the reason for applying handcuffs, the manner of restraint, and the degree of restraint must be evaluated based on the reasonableness standard of Graham v. Connor.
True or False?
True
In order to justify pointing a gun at someone, a Police officer must be able to show that the officer had an articulable belief that the person posed an imminent threat to the officer or others.
True or False
True
A pursuit is only justified when the necessity of the apprehension outweighs the level of danger created by the pursuit.
True or False?
True
A pursuit shall be terminated under any of the following conditions except:
Traffic is light
Which of the following types of roadblocks is NOT advisable under a departmental policy?
Obtaining the assistance of commercial truck drivers to use their semis to completely block the roadway in order to stop a fleeing vehicle
Most Tire dellation devices are assigned to a marked patrol car and are stored in the designated holder in the trunk. Typically, at agencies, Officers are NOT required to get a supervisor’s approval before deploying road spikes.
True or False?
False
“When all other attempts to stop the fleeing vehicle are, or likely would be, unsuccessful, and the continuation of the pursuit would place other motorists or officers in imminent danger of serious physical injury or death, then intentional contact may be considered afler first obtaining the permission of a supervisor.
True or False?
True
ACCORDING TO KATZ V. US THE 4TH AMENDMENT PROTECTS PLACES, NOT PEOPLE IN THEIR “REASONABLE EXPECTATION OF PRIVACY”?
FALSE
Police are allowed to search passengers of a car so long as they have probable cause to search the car?
False
Police are allowed to search passengers of a car so long as they have probable cause to search the car and probable cause to search the passengers within.
True
Police are allowed to search the driver of a car so long as they have probable cause to search the car?
False
The DUE PROCESS Claus in the US Constitution refers to language covered in the 18th Amendment?
False- 14th amendment
The United States Supreme Court (USSC) has used the due process cause found in the Fourteenth Amendment of the US. Constitution to apply the Fourth Amendment to localaw enforcement officers?
TRUE
A Ressonable expectation of privacy is essential in determining if a search was conducted?
True
A Terry Frisk is the examination of a person, place, or vehicle for contraband or evidence of a crime?
False- A search is….
Two people meet and have a private conversation in a restaurant. Do they have a reasonable expectation of privacy?
No, any conversations held in a public place that you can hear with the unaided ear, are not protected from being overheard by anyone and therefore, there is no expectation of privacy.
What a person knowingly exposes to the public, even in hisher own home or office, is subject of the Fourth Amendment protection?
False- is Not protected
Ownership of a given piece of property, while important in determining whether reasonable expectation of privacy exists, does not automatically justify an expectation of privacy?
True
Probable cause search of a passenger” is one of the Exceptions to the Search Warrant Requirement?
False
Police offcers are authorized to use deadly force against a hechng felon so long the felony is associated with a crime of violence whereas if allowed to escape, the public would be at risk ofserious injury or death.
True
According to the law, outside an e-citation, you are authorized to arresta person for a minor misdemeanor offense if they fail to sign a citation?
True
According to the law, you are authorized to arrest a person for a minor misdemeanor offense if they cannot take care of themselves?
True
According to the law, you are authorized to arrest a person for a minor misdemeanor offense if they cannot explain to you the reason why they violated the law?
False
Offcers who believe they have probable cause to arrest but in actuality, do not have probable cause and are later accused of making a false arrest, are immune in the eyes of the cour so long as the officer acted in “good faith”?
True
The rest that courts use to determine if an officer acted in good faith during an arrest that later is determined to be a mistake is whether the officer acted “reasonably”.
True
You make a probable cause arrest and later the person is found “not guity” and your charges are dropped, Did you make an illegal search and seizure?
No
During Miranda, does a suspect have the right to meet with anattorney even before you finish your paperwork if they ask for one?
YES, YOU HAVE TO MAKE REASONABLE ACCOMMODATIONS
You are called to a hostage situation. When you arrive, a man hasa gun pointed at another person’s head. Are you legally lowed to use deadly force against the man even though your life is not in danger and the gun is not pointed
at you?
Yes, to protect your life and life of another
What section is Aggravated murder and what is the mindset needed?
2903.01 and Purposely
What section is murder and what mindset is needed?
2903.02 and purposely
What is the section for voluntary manslaughter and what is the mindset needed
2903.03 and sudden fit of rage
What is the section for involuntary manslaughter and what is the mindset needed?
2903.04 and while committing another crime
What is the section for reckless homicide and what is the mindset needed
2903.041 and recklessly
What is the section for negligent homicide and what is the mindset needed
2903.05 and negligently
PA v. MIMMS
-Driver Out
Maryland v. Wilson
=Passengers out
CARA Model
Condition, Action, Response, Assess
C-HEAPS
Consent, Hot fresh pursuit, Exigent circumstances, Automotive inventory, Plain view, Search incident arrest
Terry Frisk
Reasonable articulable suspicion that they are armed and presently dangerous
Three legal requirements a person must give when detained by a police officer
Name, Address, Date of birth
Types of seizures
Limited and Full
Types of encounters police officers have with the public
CIA (Consent, Investigatory, Arrest)
Free to terminate test
Would a “reasonable person” believe that they are free to leave
Curtilage
The area surrounding a home/property not including open fields (Chicken coops, Trashcans, Etc.)
Katz v. US
Expectation of privacy
Graham v. Connor
Reasonableness standard of force
Tennessee v. Garner
Use of deadly force when confronting a fleeing felon
