Use of Force/ Search and Seizure Flashcards
6/002.00 Use of Force Policy
The Officers __________ will be a __________, Along with other __________ factors that may affect the _____________ of the force.
Perception
Consideration
Objective
Reasonableness
6/002.00 Use of Force Policy
The United States supreme court decisions and interpretations of the forth amendment of the united states constitution states a police officer _________ use such force as is ____________ under all of the circumstances.
May Only
Objectively Reasonable
6/002.00 Use of Force Policy
The ______________ that courts will use to examine whether a ____________ is ___________ was first set forth in _________ and expanded by subsequent court cases.
Standard
Use of Force
Constitutional
Graham V. Connor
6/002.00 Use of Force Policy
Grahm V. Connor (1-8)
Objectively Reasonable Factors:
1) The __________ of the __________ at issue.
2) Whether the subject __________ an immediate ________ to the safety of the _________ or __________.
Severity Crime Poses Threat Officer Others
6/002.00 Use of Force Policy
Grahm V. Connor (1-8)
Objectively Reasonable Factors:
3) Whether the subject is _____________ resisting ________ or __________ to evade arrest by _________
4) The ___________ of ___________ or the mental __________ of the subject.
Actively Arrest Attempting Flight Influence Drugs/Alcohol Capacity
6/002.00 Use of Force Policy
Grahm V. Connor (1-8)
Objectively Reasonable Factors:
5) The _________ available to an _________ to make a ___________.
6) The availability of _________ to _________ the situation. (Including the __________ of officer’s ___________ at the _________)
Time Officer Decision Officers/Resources De-Escalate Number Present Time
6/002.00 Use of Force Policy
Grahm V. Connor (1-8)
Objectively Reasonable Factors:
7) The ___________ or __________ of weapons to the _________.
8) The ____________ factors and/or other ___________ circumstances.
Proximity Access Subject Environmental Exigent
6/002.00 Use of Force Policy
___________ attention will be ____________ for the following use of force applications, regardless of visible ___________ or _________ of Injury: (1-7)
1) Baton/ ____________- any strikes to the ________, neck or _________ area.
2) Canine - ________.
3) ECD - Probe strike to the _________, ___________, or __________.
4) OC Spray - ___________ exposure to the __________.
Medical Summoned Injury Complaint Impact Weapon Head Groin All bites Head Neck Groin area Direct Face area
6/002.00 Use of Force Policy
Medical attention will be summoned for the following use of force applications regardless of visible injury or complaint of injury: (1-7)
6) Use of ______________ with a ____________.
7) Use of ______________ with a ____________.
Force
Firearm
Force
Vehicle
6/002.01 Use of Force Procedure
Officers ___________ use reasonable force:
1) To _____________ themselves
2) To _____________ others
3) To _____________ a __________ detention
4) To affect a lawful _____________.
5) To conduct a ___________ search
May Protect Protect Affect Lawful Arrest Lawful
6/002.01 Use of Force Procedure
As a good practice, _____________ will ___________ and __________ to incidents in a ___________ manner when law enforcement use of force is ___________.
Supervisors Acknowledge Respond Timely Probable
6/002.02 Authorized Force Tools, Desc, Require, Uses and Considerations
Officers ____________ discharge a __________ at/ from a moving vehicle unless it is _____________ necessary to preserve ___________.
Officers are _________ to discharge their _________ at/from a moving vehicle in the event that the operator of the ___________ presents an imminent __________ of danger to the officer or __________.
Will Not Firearm Absolutely Human Life Authorized Firearm Vehicle Threat Others
6/002.02 Authorized Force Tools, Desc, Require, Uses and Considerations
The Force will be applied to the ___________ operating the ________ not for the purpose of _________ the vehicle.
Individual
Vehicle
Disabling
6/002.02 Authorized Force Tools, Desc, Require, Uses and Considerations
Rifle:
It is the ______________ responsibility to ensure proper _________ of rifles and address over ___________.
Bureau/Area supervisor will:
__________ Immediately to the incident involving the _________ deployment and assume ________.
Supervisors Deployment Deployment Proceed Rifle Tactical Control
6/002.02 Authorized Force Tools, Desc, Require, Uses and Considerations
When ___________ officers deploy rifles during a __________ incident, the __________ shall designate one ___________ officer to complete the ____________ in blue team, listing all _____________ that deployed a rifle as __________ in the report.
Multiple Single Supervisors Deploying Rifle Deployment Report Officers Involved Officers
6/002.03 Reportable Use of Force
____________ will complete the use of force report, and when applicable, the ____________ when _________ is used or force which results in _________.
Critical Incident Review Team (CIRT)
Pursuit Report
Deadly Force
Death
6/002.03 Reportable Use of Force
The Following incidents require a __________ report:
a) ___________ discharge of a ____________ during a law enforcement operation.
b) A _________ discharge resulting in _________ or serious ___________, CIRT will complete the _________ report.
Firearm Discharge Accidental Firearm Firearm Death Bodily Injury Firearm Discharge Report
6/002.03 Reportable Use of Force
The Following incidents require a Firearm Discharge Report:
c) When _________ are __________ outside the firearms range, excluding off-duty situations such as hunting or participating in competitive shooting.
d) A non-injury or property damage ____________ discharge of a firearm incident (witch includes an intentional discharge at anything other than a person such as ______).
Shots
Fired
Intentional
Dog
6/002.03 Reportable Use of Force
The Following incidents require a Firearm Discharge Report:
e) When a resident area officer discharges a firearm at an animal either in __________ or to ____________ euthanize the animal, the resident officer will complete the _______________.
Self-Defense
Humanely
Firearm Discharge Report
6/002.03 Reportable Use of Force
Additional Tool/Tactic Requirements:
ECD: Impound all _________, __________ and ___________ as evidence.
In cases of _________ or ___________ CSI will impound the probes and fired cartridges.
Probes Wires Cartridges Deadly Force In-Custody Death
6/002.03 Reportable Use of Force
Additional Tool/Tactic Requirements:
Use of Force with a Vehicle:
Blocking: ___________ when an ___________ vehicle or a subject’s vehicle ___________ touches the patrol vehicle, the contact __________ reported as a traffic incident, ___________, vehicle incident report. A __________ is not necessary.
Contact Unoccupied Unintentionally Will Be LVMPD 42 Use of Force Report
6/002.03 Reportable Use of Force
Additional Tool/Tactic Requirements:
Stationary Vehicle Immobilization Technique (Pinching):
A reportable use of force report in ____________ in ________, any ________ or __________ between any vehicle ____________ documented by traffic and reported as a traffic incident, LVMPD 42, ____________.
Blue Team Addition Contact Collision Will Be Vehicle Incident Report
6/002.03 Reportable Use of Force
Additional Tool/Tactic Requirements:
Precision Intervention Technique (PIT):
__________ officers will respond to assist with the traffic investigation. __________ CSI to respond
Traffic
Request
6/002.03 Reportable Use of Force
Additional Tool/Tactic Requirements:
___________, __________ and ___________ are planned enforcement ______________. A ____________ State of Nevada accident report, ___________ be required.
Blocking Pinching PIT Techniques NHP 5 Will Not
6/002.03 Reportable Use of Force
Additional Tool/Tactic Requirements:
A supervisor will: Use of Non-Deadly Force
a) Ensure _________ assistance has been requested when applicable.
b) Respond to the scene without unnecessary ___________.
Medical
Delay
6/002.03 Reportable Use of Force
Additional Tool/Tactic Requirements:
A supervisor will: Use of Non-Deadly Force
c) Document ___________ in a ___________ in Blue Team when use of force is determined to be __________ or _________ only on the part of the subject.
d) Ensure the level of force used is a use of ___________ force.
Investigation Citizen Contact (CC) Unfounded Alleged Non-deadly
6/002.03 Reportable Use of Force
Additional Tool/Tactic Requirements:
A supervisor will: Use of Non-Deadly Force
e) Notify ____________ and Bureau/Area __________ or watch commander to ensure proper __________ are made.
f) Interview the __________, ___________, ___________ personnel and ___________ who claim to have firsthand knowledge of the ____________.
Communications Lieutenant Notifications Subject Officer(s) Medical Witnesses Incident
6/002.03 Reportable Use of Force
Additional Tool/Tactic Requirements:
A supervisor will: Use of Non-Deadly Force
g) Ensure _________ are taken and placed into ___________, to include the subject(s), the __________, officer(s) involved and collect any __________ related to the use of force.
Photographs
Blue Team
Scene
Evidence
6/002.03 Reportable Use of Force
Additional Tool/Tactic Requirements:
A supervisor will: Use of Non-Deadly Force
h) Check the surrounding area for any video ___________ and obtain a __________. If BWC video is available, refer to ____________.
Surveillance
Copy
BWC Policy LVMPD 5/210.01
6/002.03 Reportable Use of Force
A supervisor will: Use of Deadly Force or Force involving serious bodily injury/death
In ____________ investigations, ___________ detectives shall be briefed by the first-responding ___________ or __________ in charge of the event on the ___________ and ____________ of the involved officer and potential __________ officer.
Deadly Force FIT Supervisor Supervisor Names Locations Witness
6/002.03 Reportable Use of Force
Officer Statements:
Involved officer ___________ provide a recorded statement to ____________ investigators. If given, involved officer _______ should be taken at least ____________ after the incident by FIT _____________.
The 48 hours _________ waived by the involved officer.
May FIT Statement 48 hours Investigators May be
6/002.03 Reportable Use of Force
Officer Statements:
Witness officer - An Officer or supervisor who __________ participate in or directly influence the application of ___________. __________ officer __________ provide a recorded statement to __________ investigators.
Did Not Use of Force Witness Will FIT
6/002.03 Reportable Use of Force
Officer Statements:
An witness officer who _________ to provide such information ___________ deemed in violation of obedience and insubordination.
Witness officer statements will be taken at a ____________, time and ___________ determined by ___________ investigators.
Refuses Will be Date Location FIT
6/002.03 Reportable Use of Force
Use of Deadly Force/Bodily Harm
The ____________ first on scene will act as ___________. Until relieved by a Bureau/Area __________ or ___________ and will:
Ensure __________ officer(s) and ___________ office(s) are __________ and placed in a ____________ and __________ environment with a witness ____________ who __________ be connected to the incident.
Supervisor Incident Commander Lieutenant Watch Commander Witness Involved Separated Secure Safe Monitor Must not
6/002.03 Reportable Use of Force
The Supervisor first on scene will: Deadly force/Bodily Harm
In a ____________ manner read directly from the ___________ card to the officer(s), ___________ with each ___________ officer(s), by the same ____________.
Timely Public Safety Statement (FSS) Separately Involved Supervisor
6/002.03 Reportable Use of Force
The appropriate patrol detective or on scene Supervisor will: Deadly force/Bodily Harm
- Respond ____________ to begin a preliminary investigation
- Ensure the ___________ has been assigned and begin ____________.
- ___________ in the early __________ of the crime scene, the ___________ and __________ of ___________ and the __________.
Immediately Major Incident Log Completed Assist Management Identification Separation Witness Canvass
6/002.03 Reportable Use of Force
Force Investigation Team (FIT)
- Any use of ___________, officer involved shootings (_______ or ________), incident where a __________ in the course of their duties, is a _______ of a violent crime and sustains __________ and _________ deaths.
Deadly Force Fatal or non-fatal Department member Victim Substantial Injury In-custody
6/002.03 Reportable Use of Force
Force Investigation Team (FIT) will:
Seek criminal investigation to determine whether the __________ was __________ justified under ___________ law.
Use of Deadly Force
Legally
Criminal
6/002.03 Reportable Use of Force
Critical Incident Review Team (CIRT)
CIRT conducts ______________, administrative examinations of ______ force or other ______ police operations as directed by the ___________.
Non Criminal
Use of Deadly
High-Risk
Sheriff
6/002.03 Reportable Use of Force
Use of Deadly force/Bodily Harm:
The involved ____________ immediate supervisor ________ complete the LVMPD 112 ___________, thus placing the ____________ officer in relief of duty status for any incident involving the use of deadly force or where seriously _________ or _________ results.
Officer(s) Will Notice of Relief of Duty Involved Bodily Injury Death
The Law of Arrest, Search & Seizure for Nevada Lawyer, 2015
The Cardinal Rules of search and seizure
Rule #1 - __________ of a person ___________ justification but generally ___________ need a warrant, even if there is time to get one.
There are two main _____________ when an arrest or search warrant is _____________ in an arrest situation.
(____________ rule and _________ rule)
Seizure Need Do not Exceptions Required Payton Steagald
The Law of Arrest, Search & Seizure for Nevada Lawyer, 2015
Two levels of Police citizen contact
a) ____________ = _______________
b) ____________ = _______________
Investigative
Detention
Arrest
Probable Cause
The Law of Arrest, Search & Seizure for Nevada Lawyer, 2015
For all searches and ___________ seizures, when a __________ and __________ expectation of privacy exist, the police __________ obtain a warrant unless the police can show that one of ___________ exceptions to this rule ___________ existed.
Non-Person Reasonable Legitimate Must 9 Clearly
The Law of Arrest, Search & Seizure for Nevada Lawyer, 2015
S.P∛.C.E. - V.C. (Exceptions)
S_________ incident to __________ arrest
Plain View, ___________ for weapons, ___________
I____________ Search
C__________ (by ___________ with ____________)
Exigent _____________ (to include __________)
V_____________ Exceptions
Community ___________
Search Lawful Pat Down Protective Sweep Inventory Consent Person Standing Circumstances Hot Pursuit Vehicle Care taking doctrine
The Law of Arrest, Search & Seizure for Nevada Lawyer, 2015
4th Amendment __________ apply
(no _______ and/or ___________ expectation of privacy exist) N.O.A.D.A.P.T.
No _____________
___________ view
___________ property
___________ Facilities
Administrative/____________ needs ___________.
Private _____________ (not acting as agent)
__________ outside curtilage
Does Not Reasonable Legitimate Standing Open Abandoned Detention Special Searches Citizen Trash
The Law of Arrest, Search & Seizure for Nevada Lawyer, 2015
There are _________ vehicle exceptions,
the exceptions are based on ____________ or ________ the officer has _____________ to believe a vehicle contains evidence of a crime.
7
Whether
Not
Probable Cause
The Law of Arrest, Search & Seizure for Nevada Lawyer, 2015
7 Vehicle Exceptions: P/C exists that evidence of a crime is contained in the vehicle (1-3)
1) ____________ pursuant to a search warrant; or
2) Vehicle is ____________ when encountered
3) Consent to search by ___________ with _________.
Search
Readily Mobile
Persons
Standing
The Law of Arrest, Search & Seizure for Nevada Lawyer, 2015
7 Vehicle Exceptions: P/C exists that evidence of a crime is contained in the vehicle (4-7)
4) Protective __________ for weapons
5) ____________
6) ____________ search
7) ____________ inspection
Frisk
Inventory
Consent
VIN
6/002.03
When responding to a use of force/allegation, the supervisor will perform the following except for? (pick one)
A) Ensure medical assistance has been requested when applicable.
B) Review the Use of Force Report, all attached documentation, to include video footage, and evidence in Blue Team to ensure accuracy and completeness, then forward to the bureau commander.
C) Ensure the level of force used is a use of non-deadly force.
D) Respond to the scene without unnecessary delay.
Review the Use of Force Report, all attached documentation, to include video footage, and evidence in Blue Team to ensure accuracy and completeness, then forward to the bureau commander.
6/012.00
According to LVMPD pursuit policy, a vehicle pursuit will only be conducted for? (pick one)
A) Stolen motor vehicle, hazard to the public
B) Violent felony, clear and immediate danger to the public
C) Any Gross misdemeanors, Felony crimes.
D) Felony crime, clear and pressing danger to the public.
Violent felony, clear and immediate danger to the public
6/016.00
In regards to a domestic violence incident involving an employee of any agency, the immediate supervisor will Immediately notify the ______ ________ or, if unavailable, the Criminal Investigations Section supervisor to respond whenever a law enforcement employee, of any agency is involved as a suspect or victim. (pick one)
Area Lieutenant
Bureau Commander
IAB Supervisor
Watch Commander
Watch Commander
6/012.00
A tactic wherein the air unit provides ground units with the direction of travel, cross traffic, hazards, etc., for ground units to be aware of suspect’s actions.
Is the definition for? (pick one)
Surveillance mode
Pursuit
Paralleling
Bubble tactics
Surveillance mode
6/014.00
During a vehicle pursuit, which unit will assume responsibility for broadcasting progress of the pursuit until relieved by the air unit? (pick one)
First unit
Third unit
Area supervisor
Secondary unit
Secondary unit
6/020.00
Pursuant to NRS 33.031 members who carry a firearm in the performance of his/her duties, and are subject to an “extended order for protection” for domestic abuse may carry only department-authorized firearms, and only when? (pick one)
All the time.
An active shooter situation.
Only when serving search warrants.
While in the performance of their duties.
While in the performance of their duties
6/004.00
Under no circumstances will a person under arrest be held in a transport vehicle longer than ____ (_) hours before being transported to the detention facility and booked. (pick one)
one (1)
four (4)
three (3)
two (2)
two (2)
6/005.00
Once the officer has completed a legal 2000 form, they will fax it to whom. Prior to the end of shift? (pick one)
SCOPE section
CIT detail
Records section
Teletypes
Scope section
6/005.00
Persons in this acute excited state, exhibiting signs and symptoms of Excited Delirium should be considered in?
(pick one)
Medically sick condition.
Legal 2000 frequent flyers club.
Mentally ill state.
Medical crisis.
Medical crisis
6/002.03
The supervisor will complete a _______ ________ in Blue Team for unfounded, alleged uses of force. (pick one)
Citizen Contact
IOCP Alert
CAD Report
EIIP Notification
Citizen Contact
6/006.00
If the arrest does not meet all the necessary requirements, the charge(s) can be released by filing for NCF. Arrests will not be routinely NCF’d from the Las Vegas City Detention Center. NCF must be done within __ hours of the time of arrest in the field. (pick one)
12
24
36
48
48
6/002.03
All Use of Force Reports in Blue Team will be completely documented and reviewed through the officer’s chain of command within ___ calendar days of the event.
(pick one)
60
120
90
30
30
6/006.01
An officer may make an arrest without a warrant for all of the following, except for? (pick one)
A) Crimes (felony, gross misdemeanor, or misdemeanor) which have been committed in the officer’s presence.
B) Juvenile misdemeanors not committed in the officer’s presence.
C) Any person which a police officer has reasonable suspicion to believe is about to commit a felony crime.
D) Domestic violence.
Any person which a police officer has reasonable suspicion to believe is about to commit a felony crime.
6/006.01
If the arrested person requests that all or part of their personal property be released to a third party and the officer can safely accommodate the arrestee. The officer will request the presence of a supervisor, for cash being released valuing over $___, or for non-cash property being released valuing over $___. (pick one)
50, 250
100,200
100,250
150,250
100,250
Miranda: “Custodial Interrogations” and the Law of Confessions
________ means more than arrest
Custody
Miranda: “Custodial Interrogations” and the Law of Confessions
__________ includes more than asking questions.
Interrogation
Miranda: “Custodial Interrogations” and the Law of Confessions
Miranda Warning must be given only during situations where there is _____________.
Custodial Interrogation
Miranda: “Custodial Interrogations” and the Law of Confessions
If the suspect is in custody but no interrogation is contemplated or conducted - no _____________ need be given.
Miranda Warning
Miranda: “Custodial Interrogations” and the Law of Confessions
If there is interrogation but the suspect is not in custody - no _________ need to be given.
Miranda Warning
Miranda: “Custodial Interrogations” and the Law of Confessions
All custodial interrogations require Miranda Warnings regardless of the _______ classification or seriousness of the offense.
Crime
Miranda: “Custodial Interrogations” and the Law of Confessions
Incriminating
If the ________ or ______ of the officer are not intended to obtain an “incriminating” statement or the elicited statement from the suspect is not “incriminating” then the statement is not the product of interrogation and Miranda is not applicable.
Questions
Actions
Miranda: “Custodial Interrogations” and the Law of Confessions
Incriminating:
Should always ask yourself whether the question is:
Intended, or reasonably likely, to obtain an __________ statement, and is the answer incriminating.
Incriminating
Miranda: “Custodial Interrogations” and the Law of Confessions
Consent to Search
It has consistently been held that the mere act of _________ to a search in response to an officer’s question _________ incriminate a suspect even though the evidence derived from the search might be highly incriminating.
Consenting
Does not
Miranda: “Custodial Interrogations” and the Law of Confessions
Every Federal Circuit Court which has addressed the Miranda issue in the context of consent to search has concluded that it is ________.
Not an incriminating statement
Miranda: “Custodial Interrogations” and the Law of Confessions
____________ - are not considered interrogations., because they are not intended to elicit incriminating information pursuant to an investigation.
Threshold Questions
Miranda: “Custodial Interrogations” and the Law of Confessions
Statements made in response to questions necessary to secure the safety of both police and the public regardless if the defendant has been advised of his/her Miranda Rights.
Public Safety Exception
Miranda: “Custodial Interrogations” and the Law of Confessions
Third Party Questioning
Statements made by a suspect in response to questions asked by a third-party, even if the police are present, are not subject to _________ so long as the third-party is not acting at the behest, solicitation or instigation of the police.
Miranda
Miranda: “Custodial Interrogations” and the Law of Confessions
Custody
Miranda _____ applies if the suspect in in custody. (Even if the suspect is being questioned by an officer, so long as the suspect is not in custody, Miranda does not apply)
Only
Miranda: “Custodial Interrogations” and the Law of Confessions
Rights Invoke Under 5th Amendment
A suspect has two rights that can be invoked:
1) right to _______ (refusal to answer any questions) and
2) right to _______ (before and during questioning)
Silence
Counsel
Miranda: “Custodial Interrogations” and the Law of Confessions
After a suspect has waived his 5th Amendment rights, he must _______ invoke them. A suspect may invoke either or both of the rights.
Affirmatively
Miranda: “Custodial Interrogations” and the Law of Confessions
Who May Invoke the Rights?
Only the person being __________ has the right to invoke a Miranda right.
Interrogated
Miranda: “Custodial Interrogations” and the Law of Confessions
Once a suspect invokes ______ or ______ of his rights under Miranda, all questioning, about any crime, must cease.
One
Both
The Law of Arrest, Search & Seizure for Nevada Lawyer, 2015
_________ – POLICY** Absent consent of exigent circumstances, officers are require to obtain a search warrant to enter a structure owned by a third party to serve an arrest warrant or make a PC arrest. Search Warrant needs to state why you can’t wait until bandit comes out and why you think he’s in there.
Steagald Rule
The Law of Arrest, Search & Seizure for Nevada Lawyer, 2015
_________ – POLICY** - Absent consent or exigent circumstances officers are required to have an arrest warrant or search warrant to enter a structure to make a PC arrest (Manual adds that you must have PC subject resides there and is present).
Payton Rule
