Missouri post study guide quizlet
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Q: Do all ATV accidents have to be reported in Statewide Traffic Accident Records System (STARS)?
A: No. However, every law enforcement officer who investigates a vehicle accident resulting in injury to or death of a person, or total property damage to an apparent extent of “five hundred dollars” or more to one person, or who otherwise prepares a written report as a result of an investigation.
Q: What is the preferred method of measurement in a traffic accident?
A: Triangulation – triangulation is the process of determining the location of a point by measuring angles to it from known points at either end of a fixed baseline, rather than measuring distances to the point directly (trilateration). The point can then be fixed as the third point of a triangle with one known side and two known angles.
Q: How many types of fingerprints are there?
A: There are three main fingerprint patterns: Arches, Loops and Whorls.
Q: Who should advise juveniles of their rights?
A: Juvenile Officer.
Q: Who can transport juveniles?
A: Officers can transport juveniles to a juvenile detention facility or to a medical facility for treatment when necessary.
Q: What do you write in a block that is not used in a STARRS report?
A: If the question asked does not apply, mark the “NA” box when available or neatly enter “NA” (Not Applicable) in the section. If the information is not known, enter “Unknown”. EVERY FIELD MUST HAVE A RESPONSE.
Q: How is the date/time written in a STARS report (ex. MM-DD-YYY)?
A: Example: January 3, 2000 should be shown as 01-03-2000. Use Military time (24 hr clock) when recording time on a STARS
Q: Who should you be cautious with, when conducting a traffic stop?(everyone)
A: Everyone – you must maintain situational awareness at all times of the driver, any passengers, traffic, and what you cannot see (i.e. hidden compartments such as the trunk).
Q: What are the two firing stances for the pistol?
A: The Isosceles and the Weaver.
Q: Is the year of the vehicle indicated in the VIN?
A: Yes
Q: Can the VIN be located on the dashboard of a vehicle?
A: Enter Vehicle Identification Number (VIN) as shown on vehicle. Normally, the VIN on cars and trucks is located on the left front dashboard adjacent to the windshield (Driver Side).
Q: What three types of driving are conducted in a law enforcement vehicle?
A: Emergency, non-emergency, and pursuit
Q: When operating a vehicle in a non-emergency status, what traffic laws must be followed?
A: Vehicles shall comply with all of the traffic laws and rules of the road that apply to all other vehicles.
Q: What should you not do for someone suffering from heat stroke?
A: Ice Blanket, do not give them food or water. While waiting for the paramedics to arrive, initiate first aid. Move the person to an air-conditioned environment — or at least a cool, shady area — and remove any unnecessary clothing. If possible, take the person’s core body temperature and initiate first aid to cool it to 101 to 102 degrees Fahrenheit. If no thermometers are available, don’t hesitate to initiate first aid.
You may also try these cooling strategies:
- Fan air over the patient while wetting his or her skin with water from a sponge or garden hose.
- Apply ice packs to the patient’s armpits, groin, neck, and back. Because these areas are rich with blood vessels close to the skin, cooling them may reduce body temperature.
- Immerse the patient in a shower or tub of cool water, or an ice bath.
Q: What should you not do for someone suffering from a heart attack?
A: non-prescription pain medication
Q: On what waterways can a watercraft operator receive a DWI?
A: By operating a vessel on Missouri waters, you have consented to be tested for alcohol or drugs if so requested by a law enforcement official. If you refuse to be tested, you will be subject to arrest and punishment consistent with the penalties described above.
Possession or use of drinking devices for the rapid consumption of large amounts of alcohol, commonly referred to as “beer bongs,” along with four gallon containers which hold any alcoholic beverage are prohibited on the state’s rivers except the Mississippi, Missouri, and Osage Rivers.
Q: If an operator of a motor vehicle exits the vehicle while you are conducting a traffic stop, are you then authorized to search the vehicle?
A: Not without probable cause and consent to search
Q: What is squelch used for on the radio?
A: In devices such as two-way radios (also known as radiotelephones), the squelch can be adjusted with a knob, others have push buttons or a sequence of button presses. This setting adjusts the threshold at which signals will open (un-mute) the audio channel. Backing off the control will turn on the audio, and the operator will hear white noise (also called “static” or squelch noise) if there is no signal present. The usual operation is to adjust the control until the channel just shuts off – then only a small threshold signal is needed to turn on the speaker. However, if a weak signal is annoying, the operator can adjust the squelch to open only when stronger signals are received.
Q: What do you need to prior to communicating on the radio?
A: Know what you’re going to say before you start transmitting)
Q: What happens to the frequency on a radar when and object is moving towards it?
A: Increases
Q: How many people are required to form a gang?
A: Criminal street gang”, any ongoing organization, association, or group of three or more persons, whether formal or informal, having as one of its primary activities the commission of one or more of the criminal acts enumerated in subdivision (2) of this section, which has a common name or common identifying sign or symbol, whose members individually or collectively engage in or have engaged in a pattern of criminal gang activity.
Q: What are some of the indicators of a gang neighborhood?
A: Graffiti
Q: Should everyone in a riot control squad be trained to take the squad leaders position?
A: Yes
T/F: The objective of crowd control is to diffuse the situation?
Q: What is an infraction?
A: An infraction is a somewhat broad term used to describe the breaking of the law. Most often, the term refers to a fairly minor law or local ordinance. Although technically a violation of statutory law, the way most infractions are treated makes them seem more akin to a civil offense. For example, an infraction does not receive the benefit of a jury trial, as a judge simply presides over the proceedings and passes judgment.
Q: What are some characteristics of abuse victims?
- Low self esteem
- Emotional and economic dependency
- Continued faith and hope abuser will “grow up”
- Depression
- Stress disorders and/or psychosomatic complaints
- Accepts blame and guilt for violence
- Socially isolated, e.g. avoids social interaction, never seems to be alone
- Believes social myths about battering
- Believes in stereotypical sex roles
- Has poor self-image
- Contemplates or attempts suicide, or self-harms
- Participation in pecking-order battering
- Appears nervous or anxious
- May defend any criticism of abuser
- May have repeatedly left, or considered leaving the relationship
Q: An individual on what type of drugs can exhibit aggressiveness and paranoia?
A: Cocaine
Q: When using cocaine, what does freebasing mean?
A: To purify (cocaine) by dissolving it in a heated solvent and separating and drying the precipitate or to use (cocaine purified in this way) by burning it and inhaling the fumes.
Q: When a building is blocked in such a manner that anyone leaving the building will be seen and able to be detained for questioning, this is called what?
A: Blockade
Q: If you injure a person while arresting them, what is the first thing you need to do?
A: Provide care before incarceration
Q: If a person is accused of theft, and has two prior convictions, can they be charged with a felony?
A: Yes
Q: Can a law enforcement officer and a mental health worker take a juvenile into temporary protective custody without a court order?
A: Yes, for safety. A court order will be needed for permanent protective custody
Q: If you conduct a traffic stop, and the operator fails a Field Sobriety Test, blows .00% BAC, then refuses a blood test, what can you do from that point?
A: Driver license will be taken away (revoked) for one year
Q: You are on patrol in a park. A BOLO is put out; reference a bicycle stolen from near your location, with a description of the bicycle and suspect. You are approximately five minutes from the location and see an individual on a bike matching the description from the BOLO, what do you have?
A: Probable Cause
Q: Drunk guy walks into a bar, bartender refuses to serve him, drunk guy takes a swing at bartender, bartender blocks and causes drunk guy to miss. Drunk guy falls and breaks his arm. Who can be charged with what in this situation?
A: The Drunk; Assault in the 3rd Degree
Q: A hunter crosses onto a farmer’s property while hunting. The farmer sees the hunter and shows him where the property line is and asks the hunter to leave his property. The farmer leaves the area. Instead of leaving the property, the hunter decides to stay and hunt for a while. What can the hunter be charged with?
A: Trespassing 1st Degree
Q: What is the securest method of cuffing a prisoner?
A: Behind the back with the back of the hands facing each other and the palms facing outward and double locked to avoid excessive tightening
Q: If a person is suffering from extreme hypothermia, why should you be cautious about rapidly reheating them?
A: Cardiac arrest
Q: If it is believed that someone has committed suicide with a gun, what is the most important piece of evidence that needs to be preserved at the scene?
A: Hands or weapon
Q: What is the most important thing to do in order to ensure a successful preliminary investigation?
A: Preserving evidence/scene
Q: If $100 worth of a schedule II drug is stolen, what is the perpetrator charged with?
A: Misdemeanor v. felony
Q: How do you check a double-lock on handcuffs?
A: Push down on the handcuff to ensure it is locked.
Q: What is the best method of braking?
A: Straight line, one direction or the other
Q: Why do you have to sketch a crime scene when photos have been taken?
A: Redundancy, most importantly to provide scale for all items within the crime scene
Q: How is a crime scene documented?
A: Photos, video, sketches
Q: What makes robbery a crime?
A: Stealing property with physical force or threats
- Technical Studies
One can generally say that a serial murderer has the following characteristics:
They are a dangerous criminal.
They murder more than once.
Their crime may have a similar modis operandi.
The right of the people to be secure that excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted is embodied in which amendment?
c. Eighth
Officer Brown responds to a report of property damage. After interviewing the complainant, Officer Brown determines the complainant had contracted with a construction company to put in a water line and in the process the backhoe operator backed into his house causing substantial damage. The complainant wants the backhoe operator arrested. This is a:
b. Civil matter
After a search warrant has been served:
d. All items seized need to be listed on the return to the court.
When handcuffing a prisoner who is unruly:
c. Handcuff the prisoners hands behind their back and apply leg restraints if necessary, insuring the handcuffs and leg restraints are double locked.
Officer Brown has developed sufficient probable cause to arrest suspect Jones for misdemeanor stealing. Officer Brown is able to locate suspect Jones one month after the incident. At the time of the arrest Officer Jones must have in his possession:
a. Writ of Habeas Corpus
b. Writ of Mandamus
c. Subpoena Duces Tecum
A: d. None of the above
In a DWI investigation, eight hundredths of one percent or more by weight of alcohol in the suspect’s blood is:
c. Prima Facie evidence that the suspect is intoxicated
T F A Missouri STARS accident report must be completed on all private property accidents.
F
You have answered a second domestic abuse call at the same residence involving the same husband and wife. The husband is identified as the primary aggressor. The wife does not want her husband arrested and doesn’t want any report made. If this second call has taken place within hours of the first and you can identify the primary aggressor, you must make an arrest.
c. 12
Q: Who can advise a juvenile and who has to be present?
A: Juvenile Officer or designee trained by the Juvenile officer advises rights.
Q: Know how to stop bleeding (first aid)
A: 1. Have the injured person lie down and elevate the site that is bleeding.
- Remove any visible objects in the wound that are easy to remove. Control the bleeding before trying to clean the wound.
- Remove or cut clothing from around the wound. Remove any jewelry from the general area of the wound so if the area swells, the jewelry will not affect blood flow.
- Apply steady, direct pressure and elevate the area for a full 15 minutes. Use a clock-15 minutes can seem like a long time. Resist the urge to peek after a few minutes to see whether bleeding has stopped. If blood soaks through the cloth, apply another one without lifting the first. If there is an object in the wound, apply pressure around the object, not directly over it.
- If moderate to severe bleeding has not slowed or stopped, continue direct pressure while getting help. 6. Do not use a tourniquet to stop the bleeding. Do all you can to keep the wound clean and avoid further injury to the area.
- Mild bleeding usually stops on its own or slows to an ooze or trickle after 15 minutes of pressure. It may ooze or trickle for up to 45 minutes
Q: How do you clear a police issued shotgun?
A: Push in the action release and pull the action half way back, or just far enough to pick the round out of the chamber, push the loading gate up and pull the action the rest of the way back releasing the first round out of the magazine, reach up behind the next shell in the magazine and pinch the retaining lever on the left of the receiver to release each of all remaining rounds, then visually inspect.
Q: Flashlight carrying techniques
A: Harries, Chapman, Ayoob, Rogers, and neck index techniques
Q: 4th Amendment?
A: Probable Cause. Guards against unreasonable Search and Seizure
Q: What is Probable Cause?
A: You have a probable cause that a crime has been, is being or about to be committed and the person you wish to investigate or arrest has done it by a probable cause definition
Q: 5th Amendment?
A: Due Process Prior to being “formally charged” person is a “Suspect” rights guaranteed under the Bill of rights,
Q: 6th Amendment?
A: No failure to know, After being “formally charged” by a judge every right under the 5th amendment is guaranteed by the court (i.e. cannot interview, or interrogate without having attorney present).
guarantees a citizen a speedy trial, a fair jury, an attorney if the accused person wants one, and the chance to confront the witnesses who is accusing the defendant of a crime, meaning he or she can see who is making accusations.
Q: 8th Amendment?
A: Excessive bail, and fines, Cruel and unusual punishment (a lot of issues with Corrections)
Q: 14th Amendment?
A: All of the 50 states shall guarantee the same due process to citizens of a state that are guaranteed to citizens of the United States under the 5th and 6th Amendment.
Theft:
simply involves taking something from someone else with the intent to permanently deprive them of it. Embezzlement is a form of theft in which an employee diverts money intended for his employer or other employees for his or her own use. Likewise, fraud is also a form of theft, involving using trickery to permanently deprive someone of his or her property.
Burglary:
is the intent to break into a building without consent with the intent of committing a crime inside (including theft). Burglary is a specific intent crime, requiring that the burglar knowingly intend to commit a crime while inside. A person does not have to forcibly enter a building to commit burglary; going in through an unlocked window or door can still fulfill the “breaking” element of burglary.
Robbery:
: is another specific intent crime, requiring both theft and a form of violence or threat of violence used to deprive someone of their property. The most common example of a robbery is a convenience store holdup, in which a robber threatens to shoot.
Q: What is Testimonial Evidence?
A: Oral or written assertion offered in a court as a proof of the truth of what is being stated. It includes testimony evidence. Tested by credibility of person giving it, they have firsthand knowledge, truthfulness
Q: Physical Evidence?
A: Chain of Custody
Q: Hearsay information?
A: Not generally allowed to be used because it is not testable, not firsthand knowledge. Can be allowed under hearsay rule (7-11 rules). Party that wants to use it motion for it to be used explains why it should be allowed under one of the 7-11 rules and the judge rules to allow it.
Q: Miranda equation is custody plus interrogation requires Miranda rights warning to be given.
A: TRUE
Q: Provisions of Miranda applies equally to both testimonial and physical evidence?
A: False. Miranda applies only to testimonial evidence as one of the tests for reliability and to show that a statement we got that includes elements of an offense establish a crime was committed and the statement was voluntarily given.
Q: Terry vs Ohio Stop and Frisk?
A: You can only stop and frisk an individual for weapons that could cause harm. You Must have reasonable suspicion (any particular fact or facts that an officer can present that makes sense to another officer) you have reasonable suspicion that a crime has been, is being or about to be committed and is currently armed and therefore dangerous and the frisk must be limited to a pat down and not a search. Frisking for drugs is not applicable under Terry vs Ohio stop and frisk.
Q: What must the warrant applications include to make a neutral judge or magistrate to believe that probable cause exist for the warrant to be issued?
A: The warrant affidavit must contain 3 things before a judge or magistrate issue the warrant.
- A specific crime or crimes has to be specified in the affidavit
- Particular evidence will be found at a particular location
- Evidence at that particular location will be at that location at a particular time
Q: A Missouri issued search warrant is valid for?
A: Maximum time is 10 days from the date the warrant is date stamped to serve the warrant
Q: Generally speaking a search warrant for a particular place for a particular item will justify a personal search for any occupants found at the location even if those persons are not named in the warrant?
A: FALSE. Must be stated in the search warrant signed by the judge to “search any and all occupants found at that location”.
Curtledge- area around the home or business to which the daily activities have been extended and the owner would seek to have the same privacy privilege there as he would inside the home or place of business.
Q: “Plain view seizure” to be legal the officer must be where he or she is entitled to be and must immediately recognize the items to be seized as evidence control substance or contraband?
A. True. Two things ; Lawfully be where you’re at when you see what you see and recognize it as evidence, controlled substance, and contraband (Cannot handle the evidence, controlled substance or contraband to check if it is what it is)
Q: Stop and Frisk- can you squeeze shoulder bags and soft containers in their personal possession?
A: True as long as you are checking for weapons. Cannot go in the bag or container on a frisk. Can go into them during a search.
Q: The scope of a search incidents associated into a lawful arrest includes?
A: Search the person and area within the persons immediate touch and control.
Q: You observe and unconscious person in the park and you check for injuries and call an ambulance. In your mind the symptoms this person is suffering diabetic seizures. Is it legal to look on around or on the person for a medical alert tag or card?
A: This is legal because emergency or exertive circumstances for the health and welfare of the individual. If you find drugs on the person you can legally arrest the person let the ambulance crew know and put it in the report. You were not looking into the bag for evidence.
Q: You are asking guild seeking questions, you haven’t used any physical force, and you’ve only currently just asked for the conversation to take place. The suspect is nervous and suspect believes he or she cannot leave or that he or she can refuse to answer do Miranda rights be given?
A: TRUE. Because it is what the suspect believes “cannot leave and can refuse to answer” that matters for Miranda issues.
Q: There are two general requirements for a person to be found criminally reliable.
A: 1. Persons conduct must be a voluntary act. 2. Culpable mental state.
Tennessee vs Garner obligated by 4th amendment to give warning to use deadly force “if feasible”.
MO Statutory law defines four instances in which you may use force to include deadly force by statute
A Missouri officer has a criminal defense if you reasonable believe it is immediately necessary to use deadly force and:
- The person you are going to use deadly force against is a fleeing felon
- Armed and Dangerous
- Resisting arrest by use of a dangerous or a deadly weapon
- If you believe if not prohibited right now without delay they are going to go out and continue to casue harm, death, or serious bodily harm to the public
** to be in compliance with the supreme court case you should not use the fleeing felon element as a standalone defense
Q: Only one statue in Missouri allows for the death sentence or life sentence without probation or parole?
A: Murder in the first degree
Q: First Degree Murder?
A: Intentionally causing the death of another person after deliberating about it
Q: Felony Murder rule?
A: If a person while in the commission of a felony or while fleeing from a felony causes the death of another human being
Q: Second degree Murder?
A: A person commits the crime of murder in the second degree if he/she:
(1) Knowingly causes the death of another person or, with the purpose of causing serious physical injury to another person, causes the death of another person; or
(2) Commits or attempts to commit any felony, and, in the perpetration or the attempted perpetration of such felony or in the flight from the perpetration or attempted perpetration of such felony, another person is killed as a result of the perpetration or attempted perpetration of such felony or immediate flight from the perpetration of such felony or attempted perpetration of such felony.
**There is no Breaking and entering in Missouri. It is either Theft, Robbery or Burglary
Q: Statutory difference in Missouri between Forcible Rape and Sexual Assault?
A: Forcible rape: threat, force used, drugs used, taking advantage of a mentally incompetent person
Sexual assault: Lack of consent
**In Missouri, Any sexual intercourse with any person under the age of 14 it is automatically Statutory Rape in the first degree by virtue of the persons age.
Q: The only time possession of a controlled substance is a misdemeanor defense is?
A: The amount of Marijuana, K2 or Spice possessed is less than 35 grams. If you give or sell to someone else it is a Felony.
Schedule I Drugs
High potential for abuse or misuse and has no current accepted medical use (METH, Heroin, LSD, Marijuana)
Schedule II Drugs
The drug or other substances have a high potential for abuse, the drug or other substances have currently accepted medical use in treatment in the United States, or currently accepted medical use with severe restrictions, Abuse of the drug or other substances may lead to severe psychological or physical dependence. (OxyCotin, Percecet, Fentanyl, Morphine)
Schedule III Drugs
The drug or other substance has a potential for abuse less than the drugs or other substances in schedules I and II, The drug or other substance has a currently accepted medical use in treatment in the United States, Abuse of the drug or other substance may lead to moderate or low physical dependence or high psychological dependence. (Steroids, Barbituates, Vicodine, PCP)
Schedule IV Drugs
The drug or other substance has a low potential for abuse relative to the drugs or other substances in schedule III, The drug or other substance has a currently accepted medical use in treatment in the United States, Abuse of the drug or other substance may lead to limited physical dependence or psychological dependence relative to the drugs or other substances in schedule III. (Xanax, Valium, Ambien, Provigil)
Schedule V Drugs
The drug or other substance has a low potential for abuse relative to the drugs or other substances in schedule IV, The drug or other substance has a currently accepted medical use in treatment in the United States, Abuse of the drug or other substance may lead to limited physical dependence or psychological dependence relative to the drugs or other substances in schedule IV. (Cough Supressants, Weight loss drugs, Atrophine, Diphenoxylate)
Q: Driving while intoxicated (DWI) requires the drive to have .05% BAC?
A: FALSE. There is no amount of BAC in the state of Missouri that is required to file charges to prove DWI. BAC has no influence. Impaired driving is the basis for DWI.
Q .08% blood alcohol content does what?
A. Magic number the prosecutor can use to file charges to file BAC as the criminal charge. If you make a DWI arrest during booking you are required to fill out the alcohol influence report form as part of the DWI arrest. You must read the implied consent to the person arrested, you are required to give them 20 minutes to contact an attorney should they choose, they also make up their mind if they are going to take a chemical test or not (Breath, blood, saliva, urine) any two you request. If they refuse any two of the test they lose their license for one year. If the person agrees to the test and they are .08% or more you as a Peace officer are required to take their Missouri issued license away from them and send a certified DWI arrest report to the Missouri DEPT of Revenue with their Missouri issued Drivers license.
*Under 21 DWI drivers will lose their license for a BAC of .02-.079.
Class A felonies
include murder, first degree kidnapping, forcible rape of a child under twelve years old, first degree robbery, and some drug crimes.
- The authorized sentence for a Class A felony is a minimum of 10 years in prison and a maximum of 30 years or life in prison.
Class B felonies
in Missouri include voluntary manslaughter and first degree burglary.
- For a Class B felony, the court can impose a minimum of 5 years in prison and maximum of 15 years.
Class C felonies
can include involuntary manslaughter in the first degree (can be a Class B or Class C felony), statutory rape in the second degree, possession of a controlled substance, and theft. • The possible sentence for a Class C Felony is a maximum of 7 years in prison, or one year in jail, and a fine up to $5,000.
Class D felonies
are crimes such as fraud, resisting arrest, and passing a bad check.
- A Class D felony is punishable by up to 5 years in prison, or one year in jail. The court also can impose a fine up to $5,000 or twice the amount of financial gain to the offender, up to $20,000.
Criminal Statute of Limitations
Missouri law requires that a criminal prosecution begin within a certain amount of time after a crime is committed or believed to have been committed. The criminal statute of limitations limits the length of time the state can wait before filing charges against a person. The length of time varies for different crimes and some crimes, such as murder, have no time limit.
Class A Misdemeanors
are the most serious of the misdemeanor categories and includes charges of fraud, bad checks under five hundred dollars, fraudulent use of a credit card device with the value under one hundred fifty dollars, and third-degree assault. Punishments under Class A Misdemeanors include a penalty up to one year in a county jail that may include a fine up to one thousand dollars
Class B Misdemeanors
have penalty punishments of up to six months or as low as thirty days in a county jail facility with or without a fine up to five hundred dollars. Class B Misdemeanors can include a first offense of driving while intoxicated, a first offense of driving under the influence, and first-degree trespassing.
Class C Misdemeanor
This category in punishable by up to fifteen days in a county jail with or without a fine up to three hundred dollars. Class C Misdemeanors include the first offense of driving with excessive blood alcohol content.
Tort
A private or civil wrong or injury, other than a breach of contract.
Preponderance of evidence
The amount of information needed to decide in favor of a party in a civil suit. It consists of more than fifty percent of the believable evidence in favor of the party’s suit or defense. One more fact than the other party has established.
Proof beyond a reasonable doubt
The amount of information needed to convict a person of a crime. It is enough evidence to eliminate all reasonable objections to the prosecution’s case against a suspect. It is not absolute proof, but it is more than probable cause.
Summons
Papers requiring you to appear in civil or criminal court.
Bill of Rights
First 10 amendments of the constitution that guarantees rights to all U.S. citizens.
Exceptions to the First Amendment
Obscenities, fighting words, commercial speech, defamation: slander (spoken) or libel (written), incendiary speech, and time, place, and manner restrictions on speech.
Nexus
Connection
Amendments typically applied to LEO’s
1st, 4th, 5th, 6th, and 8th
4th Amendment
Citizens are protected against unreasonable searches and seizures against their person, property, and papers.
5th Amendment
Protection against self-incrimination and double jeopardy. Can not hold a person without presentment or indictment of a grand jury.
6th Amendment
Right to a speedy and public trial. Right to face accuser. Right to have counsel.
8th Amendment
Right not to have excessive bail, unjust fines, or unjust punishment.
14th Amendment
Establishes primacy of federal government over state government. U.S. citizen first.
Branches of the Government
Legislative, Executive, Judicial
Branch of government LEO’s a part of
Executive, but evidence is part of the judicial
Exclusionary Rule
Any evidence which is obtained illegally must be excluded from trial.
Booking process
An administrative process which records pedigree information and inventory of personal belongings is authorized. This is not subject to Miranda.
Twenty-Four Hour Rule
Statute that requires a suspect in custody be released after twenty-four hours if no warrant is issued.
Chain of Custody
Documenting a seized item’s whereabouts from seizure until introduction into court.
Best Evidence Rule
States that the original of a piece of documentary evidence must be entered as evidence, unless the original is lost or destroyed through no fault of the party offering it.
Exceptions to the Exclusionary Rule
Impeachment, Independent Source, Inevitable Discovery, and Good Faith
Miranda v. Arizona
Supreme Court ruled that all suspects must be read their rights prior to being questioned. Protects the 5th Amendment.
Miranda equation
Custody + Interrogation/Guilt-Seeking Questions
Exceptions to Miranda
Undercover officers and private citizens without LEO involvement
Custody
Reasonable belief that you are not free to leave
Miranda Warning Content
You have the right to remain silent;
Anything you say can and will be held against you in a court of law;
You have the right to talk with an attorney and him/her present while you are questioned;
If you can not afford an attorney, one will be appointed to you;
You can decide at any time to exercise these rights;
Do you understand these rights?
When you should reread Miranda
Significant passage of time, change in personnel interrogating, or change in location.
Freedom of Movement
Contact, Detention, Arrest.
Type of seizure, justification, force used, type of search, and is Miranda issued during a voluntary contact
No seizure, mere hunch or suspicion as justification, no force used, no search administered, and Miranda is not read.
Type of seizure, justification, force used, type of search, and is Miranda issued during a temporary detention
Limited seizure of time, reasonable suspicion as justification, non-deadly force reasonably used, frisk for weapons is permissible, and Miranda generally isn’t read.
Type of seizure, justification, force used, type of search, and is Miranda issued during an arrest
Complete seizure, probable cause as justification, reasonable force can be used, search incident to arrest, and Miranda can be read.
Leaping area search
Ability to search for evidence or contraband anywhere within reaching and leaping distance of a person upon arrest.
Criteria that prisoners must be separated by
Age, sex, and type of offense. Must be separated by sight and sound.
Search warrant is valid for
Ten days
Stale information
Information older than 24-36 hours
Knock-and-Announce Warrant
You knock on the door several times and announce yourself clearly and loudly so that a reasonable person can hear it.
No-Knock Warrant
You breach the door without announcing yourself or knocking. Only used in situations where evidence is known to be destroyed or can be eliminated.
Open Field
Any area of public or private land in which the owner has no legitimate expectation of privacy, but is not curtilage.
Curtilage
Grounds and buildings immediately surrounding a house or other living space which are commonly used for family and/or other home-life activities and are not granted public area status either by convention.
Public Area
Any area to which the public has unrestricted access and which is not part of an area which would normally be considered curtilage.
Quasi-Public Area
Any area which would normally be considered part of a curtilage but which is freely accessible to members of the public.
Private Property
Items or real property which are intended for or restricted to the use of one individual or group of individuals and in which there is some vested right of possession.
Terry v. Ohio
Supreme Court ruling that a LEO can check a person for weapons for officer safety.
Terry Frisk
A pat down of the outer and inner-outer clothing for weapons.
Search Incident to Arrest
At the time of arrest, a LEO may search for weapons and evidence on the person of the suspect and in the immediate area.
Motor Vehicle Exception
Allows the search of a motor vehicle without a search warrant (still have to have probable cause).
Types of Offenses
Misdemeanor and Felony
Felony Classes
Five: A, B, C, D, E
Misdemeanor Classes
Four: A, B, C, D
Class A Felony
Minimum 10 years in prison, or up to 30 years or life or death penalty.
Class B Felony
Minimum of 5 years in prison, and up to 15 years.
Class C Felony
Minimum of 3 years in prison, and up to 10 years.
Class D Felony
1 day to 1 year in County Jail, or up to 7 years in prison, and/or a fine of $1-10,000.
Class E Felony
1 day up to 1 year in County Jail, or up to 4 years in prison and/or a fine of $1-10,000.
Class A Misdemeanor
1 day up to 1 year in County Jail and/or a fine of $1-2,000.
Class B Misdemeanor
1 day up to 6 months in County Jail and/or a fine of $1-1,000.
Class C Misdemeanor
1 day up to 15 days in County Jail, and/or a fine of $1-750.
Class D Misdemeanor
Up to $500 fine.
Criminal Activity Forfeiture Act
All property of every kind including cash or other negotiable instruments used or intended for use in the course of, derived from, or realized through criminal activity is subject to civil forfeiture.
Statute of Limitations
A federal or state statute setting the maximum time period during which a certain action can be brought or certain rights enforced.
SOL on Class A Felonies
None
SOL on B, C, D Felonies
Within 3 years
SOL on Misdemeanors
Within 1 year
SOL on Infractions
Within 6 months
Requirements for Criminal Liability
Culpable Mental State and Voluntary Act
Culpable Mental States
Knowingly, Purposely, Recklessly, Criminal Negligence
Entrapment
A law enforcement officer or person acting in cooperation with him/her, for the purpose of obtaining evidence of an offense, solicits, encourages or otherwise induces another to engage in criminal conduct.
Only offense that can result in the death penalty
First degree murder
Awareness Spectrum Codes
Condition White: State of environmental unawareness
Condition Yellow: Relaxed but alert, conscious but not tense
Condition Orange: State of alarm
Condition Red: Something appears wrong and actually is wrong
Condition Black: Panic, misdirected frenzy, paralysis
Unacceptable awareness spectrum codes
White and black
Critical Periods for Emotional Stress
Initial arrest and booking, personal searches, after court appearances, and after visits, especially family members.
L-CYMBOL-L
Location- Color, Year, Make, Body, Occupants, License- Location
CBRNE
Chemical, Biological, Radiological, Nuclear, Explosive
BNICE
Biological, Nuclear, Incendiary, Chemical, Explosive
RAIN
Recognize
Avoid
Isolate
Notify
When preparation for trial begins
When you get dispatched to the call
Types of physical evidence
Solid, semi-solid, and liquid
What DNA evidence is packaged in
Paper bags
Types of fingerprint evidence
Latent- Left on surfaces, but not visible to human eye
Patent- Visible fingerprints on surfaces
Types of fingerprints
arch, loop, whorl
Advises a juvenile subject
Deputy juvenile officer
Compression to rescue breath ratio for Adult CPR
30:2
Rate for chest compressions for Adult CPR
100 compressions per minute
Levels of Triage
Black- fatality or fatal injuries
Red- life threatening injuries
Yellow- Minor injuries
Green- Walking wounded
Major Classifications of Drugs
Depressants, Stimulants, Hallucinogenics
Major Types of Drugs
Cannabis, Powders, Pills, Hallucinogenics, Peyote Cactus, Psilocybin Mushrooms, Inhalants, Butyl Nitrates, Look-a-likes
Significance of 35 gram rule
Difference between misdemeanor and felony for drug charges
Things that affect a RADAR unit
Scanning, panning, power surge, mirror, patrol speed, and batching.
New Jersey v. Dantonio
Supreme Court ruling recognizing the scientific soundness of doppler radar
State of Connecticut v. Tomanelli
Supreme Court ruling that tuning forks are accurate testing tools for RADAR
Thomas v. City of Norfolk
Supreme Court ruling that a test at the beginning and end of your shift is sufficient to maintain a RADAR unit
Honeycutt v. Commonwealth of Kentucky
Supreme Court ruling that the operator knows how to set up, test, and read the instrument
State of Wisconsin v. Hanson
Supreme Court ruling that the operator has had the sufficient training for RADAR
Proper time and date format for STARS report
24-hour military time and MM-DD-YYYY
STARS
Statewide Traffic Accident Report System
MUCR
Missouri Uniform Crash Report
Statutory deadline for completion of MUCR
10 days
Late Death Criteria for updating crash reports
30 days
Proper lane numbering sequence
Inside to outside
Measuring methods for diagramming
Coordinate and Triangulation
Types of evidence requiring immediate measurement
Temporary and short-lived
Motor Vehicle Crash
At least one motor vehicle involvement in at least one harmful event of an unintentional act and not a catacylsm.
First Harmful Event
First injury, death, or damage-producing event
Unstabilized event
Events that occur during a loss of control
Stabilized event
End of an unstabilized event, generally when an object comes to rest
First Contact
Beginning of a collision
Chain of events
How a crash occurred
f = s^2 / 30*D
Coefficient of friction equation
f = F/W
Drag tire equation
s = sqrt 30Df
Minimum speed equation
Domestic Violence
Abuse or stalking of a household member
Household Member
Spouses, former spouses, any person related by blood or marriage, persons who are presently residing together or have resided together in the past, any person who is or has been in a continuing social relationship of a romantic or intimate nature with the victim, and anyone who has a child in common
Types of abuse
Emotional, Physical Assault, Sexual Assault, Threat or Intimidation or Coercion, Financial, Control, Fear
Characteristics of DV victims
Low self-esteem
Traditional values
Religious and cultural beliefs
Guilt
Dependent behavior
Minimization
Made to feel responsible for punishment
Stress reactions
Believes no one can help
Unrealistic hope / belief system
Characteristics of batterers/controller
Insecure
Strong fear of displaying weakness
Extremely dependent
Extremely jealous
Poor impulse control
Projects blame
Witnessed / abused as child
Drugs / Alcohol
Extreme mood swings
Views wife/husband and children as objects / property
Difficulty communicating
Poor identification
Lack of responsibility / accountability
Characteristics of children in a DV home
Take responsibility for abuse
Anxiety
Guilt
Fear of abandonment
Stress-related illness
Disruption of eating and sleeping patterns
Behavioral
Males are more likely to be abusers as adults
Major factor contributing to teenage runaways
Mental Disorder
A syndrome characterized by clinically significant disturbance in an individual’s cognition or emotional regulation, or behavior that reflects a dysfunction in the psychological, biological, or developmental processes underlying mental functioning.
Personality Disorder
A deeply ingrained and maladaptive pattern of behavior of a specified kind, typically manifest by the time one reaches adolescence and causing long-term difficulties in personal relationships or in functioning in society.
Crisis
A crucial and decisive point in a situation or an event
Empathy v. Sympathy
Difference between knowing what it’s like to go through something and feeling sorry for someone.
Human response to a crisis
Passive/Submissive and Anger/Rebellion
Examples of emotional abuse
Ignores partner’s feelings, Ridicules or insults women / men as a group, Ridicules partner’s beliefs, Withholds approval, Criticizes, Insults and/or drives away partner’s family friends, Humilities partner in public / private, Refuses to socialize with partner, Takes away car keys / money / personal property, Threatens to leave, Threatens partner’s family / friends, Punishes children when angry with partner, Threatens to kidnap children if partner leaves, Abuses pets to hurt partner, Tells partner about affairs, Harasses partner about affairs, real or imagined, Manipulates partner with lies / contradictions
Examples of physical abuse
Pushing / Shoving
Restraining to prevent leaving
Slapping / Biting
Kicking / Choking
Hitting / Punching
Throwing objects
Locking partner in / out of house
Abandoning partner in dangerous place
Refusing to aid sick partner
Subjecting partner to reckless driving
Forcing partner’s car off road
Threatening / hurting with weapon
Examples of sexual abuse
Regularly treats/speaks of women as sex objects, Insist partner dress in a more sexual way than she wants, Assumes partner would have sex with any man, Minimizes partner’s feelings about sex, Criticizes partner about sex, Insists on unwanted/uncomfortable touching, Withholds sex/affection as punishment, Calls partner sexual names, Forces/coerces partner to strip, Publicly shows sexual interest in others, Has affairs, Forces partner to have sex with him/others, Forces unwanted sex acts, Forces sex after/during violent acts, Forces sex when partner is sick, Forces sex to hurt partner, Commits sadistic sexual acts
Center of wheel
Need for power and control
Spokes of wheel
How the abuser maintains control
Outer ring of wheel
Physical and sexual abuse when emotional abuse fails
Phase 1 of Violence
Tension building
Phase 2 of Violence
Violent eruption
Phase 3 of Violence
Calm, Loving, Denial (Honeymoon)
Why victims don’t leave
Low self-esteem, Economic dependence, Keeping the family together, Guilt, Promises of change, Emotional dependence, Fear of insanity, Isolation, No place to go / resources, Learned behavior, Societal attitudes, Traditional value system, Fear loss of children, Fear death
Primary Physical Agressor
The most significant, not always the first, aggressor
Ex Parte
Temporary order of protection until a court hearing occurs
Respondent
Person who the ex parte is against
Petitioner
Person who completes the application for an ex parte
Full Faith Credit
Any state, territory, tribe, or possession of the United States must uphold a valid ex parte
What an LEO must do when responding to a DV call
Offer a place for the victim to go, ask if the victim needs medical attention, and offer information regarding an ex parte
12 Hour Rule
If a 2nd or subsequent call regarding DV is made for the same two parties, at least one of the parties MUST be arrested
What a police report should contain
Who, what, when, where, why, how, and elements of the crime
Child Abuse
Any physical injury, sexual abuse, or emotional abuse inflicted on a child other than by accidental means by those responsible for the child’s care, custody, and control
Neglect
Failure to provide, by those responsible for the care, custody, and control of the child
Required parental responsibilities
Food, shelter, education, supervision, clothing, medical care, nurturance
Most common places for child abuse injuries
lower back, buttocks, between shoulder blades
Shaken baby syndrome symptoms
Lethargic eyes and retinal hemorrhaging
Percentage of sex offenders who are strangers
10%
Mandated reporters
LEO, doctors, child care workers, healthcare workers, teachers, clergy, any other person responsible for caring for children
Types of child custody
Judicial and protective
Most important investigative tools for child abuse cases
Medical records and photographs
Child fatality review board members
a prosecutor, coroner or medical examiner, law enforcement personnel, DFS representative, Public Health Services Staff member, A representative from the Juvenile Court and a member of EMS
Age for review by child fatality board
Between 1 week and 1 year old for those that were in good health prior to their death
Physical Injury
slight impairment of any function of the body or temporary loss of use of any part of the body
Serious Physical Injury
A physical injury which creates a substantial risk of death, or that causes serious disfigurement or protracted loss or impairment of the function of any part of the body
Dangerous instrument
any instrument, article, or substance capable of causing death or serious physical injury in the circumstances in which it is used
Deadly weapon
any firearm, loaded or unloaded, or any weapon from which a shot, readily capable of producing death or serious physical injury, may be discharged, or a switchblade knife, dagger, billy club, blackjack, or metal knuckles
Actual possession
if a person has the substance on his/her person or within easy reach and convenient control
Constructive possession
although not in actual possession, a person has the power and the intention at a given time to exercise dominion or control over the substance either directly or through another person or persons
Schedule I drug
high potential for abuse and no accepted medical use (e.g. LSD, heroin, marijuana, MDMA, etc.)
Schedule II drug
high potential abuse and has an accepted medical use (e.g. Adderall, hydrocodone, oxycodone, methadone, cocaine, meth, etc.)
Schedule III drug
less potential for abuse than I/II and has an accepted medical use and abuse may lead to moderate/low physical dependence or high psychological dependence (e.g. Tylenol with codeine, ketamine, anabolic steroids, testosterone, etc.)
Schedule IV drug
low potential for abuse and accepted medical use that may lead to limited physical or psychological dependence (e.g. Xanax, Valium, Ambien, Tramadol, etc.)
Schedule V drug
low potential for abuse and accepted medical use, but specifically includes very limited quantities of narcotic drugs (e.g. Robitussin AC, Lyrica, Motofen, etc.)
Difference between robbery and stealing
If you forcibly took the property or not
Minimum amount to form a gang
3 people
Felony Threshold Amount
$750.00
Statutory limit for BAC
Eight-hundreths of a percent