Exam 2 Study Guide and EPOs

EPO#22 DESCRIBE THE LEGAL REQUIREMENTS FOR THE USE OF AUDIO AND VIDEO RECORDING DEVICES

"right to be, right to see, right to record' 1) officer is there lawfully 2) occurs in an area where no constitutionally protected reasonable expectation of privacy exists 3) person is not targeted merely due to race or political affiliation or views -cannot record if individual has REP -if voluntary contact, there is no seizure. person is not obligated to cooperate or be recorded -if person is seized, there is no violation of the 4th Sometimes policy may dictate recording should cease (victims of assault, incidents in bathrooms/locker rooms, etc)

EPO #6: IDENTIFY FOUR ADDITIONAL FEDERAL LAWS THAT CAN BE USED TO PROTECT CULTURAL RESOURCES.

(1) CONSPIRACY: illegal agreement to violate one or more laws by two or more persons -need not consummate the illegal act -Felony penalties up to 5 years -Misdemeanor should not exceed 6 months (2) FALSE STATEMENTS: knowingly and willfully falsifies or conceals scheme, trick, or device a material fact; make any false statement or representation, make or uses falsE writing or document knowing the same to contain false statement -imprisonment up to 5 years (3) THEFT OF GOVERNMENT PROPERTY: embezzles, steals, or knowingly converts to his or her use or another's use the property of the US -property must be a thing of value: felony: more than $1,000 (10 years and or $250,000) misdemeanor: less than $1,000 (1 year and or $100,000) (4)INJURY TO GOVERNMENT PROPERTY: willfully injures damages or commits any depredation to property of the US -property must be a thing of value: felony: more than $1,000 (10 years and or $250,000) misdemeanor: less than $1,000 (1 year and or $100,000)

EPO #1: Identify the importance of hazmat awareness training and identify the health and safety threats posed by hazardous materials

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EPO#8 DESCRIBE THE LEGAL REQUIREMENTS FOR MAKING A WARRANTLESS ARREST

-A LEO can make a warrantless arrest for a felony offense upon probable cause -felony offense in public -LEo may make warrantless arrest in public for a misdemeanor offense if the crime was committed in the officers presence (probable cause a misdemeanor is taking place in his presence--> officer is the victim, or officer establishes Probable crime offense being committed -warrantless entry into a home (or forcing out of the home) are presumptively unreasonable -to enter an arrestees home to make an arrest, an officer must have a warrant, consent, or exigent circumstances

Franks hearing

-a defendant who seeks to have evidence suppressed under Franks must satisfy a 2 part test: (1) must show that the affiant knowingly and deliberately or with a reckless disregard for the truth, made false statements or omissions that create a falsehood in applying for a warrant (2) must show that the false statements or omissions were material or necessary to finding of probable cause -a false statement made by a private citizen and reasonably relied upon by the affiant CANNOT form basis for a franks claim (BUT, if provided by govt officials it may be)

EPO# 3: IDENTIFY THE AREAS OF AN OFFICER'S PERSONAL LIFE THAT ARE DIRECTLY AFFECTED BY A LAW ENFORCEMENT CAREER AND THE COUNTERMEASURES NECESSARY TO INCREASE PERSONAL SAFETY.

HOME SECURITY (physical security ie lighting, locks, alarms) TELEPHONE SECURITY MAIL (ie packages) PROFESSIONAL IDENTITY (restrict information about what happens at work) OFF DUTY MATTERS FIREARMS AT HOME SOCIAL MEDIA

EPO#16: EXPLAIN THE LEGAL REQUIREMENTS FOR A WARRANTLESS SEARCH OF A VEHICLE UNDER THE CARROLL DOCTRINE

-A warrantless search may be conducted where officers have Probable Cause that a readily mobile vehicle has evidence or contraband Justifications: (1) the inherent mobility of vehicles typically makes it impracticable to require a warrant to search in that the vehicle can be quickly moved out of the locality or jurisdiction in which the warrant must be sought (2) reduced expectation of privacy in vehicles based on pervasive govt regulation REQUIREMENTS: a)Probable Cause to believe evidence of crime or contraband is located in the vehicle to be searched b)vehicle must be readily mobile (capable of ready movement) -no exigency required to conduct a search under the vehicle exception, only need PC -search may be conducted immediately at scene or later time after impounded -vehicle exception may not apply where vehicle is parked on private property unless there are exigent circumstances SCOPE OF SEARCH: -extends to every place in vehicle where the object of the search could be located -containers may be searched under the exception if the object could be located in the container (if LEO has probable cause to believe it may contain the evidence)

EPO#21 DESCRIBE THE LEGAL REQUIREMENTS FOR CONDUCTING A WARRANTLESS INSPECTION OF REAL AND PERSONAL PROPERTY

-Administrative inspections (searches) are ann exception to the warrant requirement -may not be used to investigate criminal activity -sobriety checkpoints are permissible -DL and registration checkpoints are permissible -Information gathering checkpoints are permissible -checkpoints for general crime control purposes are impermissible -Administrative searches generally require warrants: a) warrants in admin search do not require traditional probable cause b) must be a regulatory scheme for the admin search -Closely regulated businesses (ie firearms and alcohol industries) = lower expectation of privacy -still must be reasonable a) substantial gov interest in regulatory scheme b) must be necessary to further the regulatory scheme c) must provide constitutionally adequate substitute for a warrant Security checkpoints at sensitive gov facilities and airports

EPO #1: Identify the principal barriers to effective communication

-Body barriers (physical indicators of closed-ness) -Authoritarian barriers (position/status) -Distance (too close/too far) -Nervousness -Distrust (fear of LEO, injury, punishment, loss of dignity/respect) -Alienation (difference in values, beliefs, cultures) -Gap (gender, age, race, religion, etc)

EPO#13 EXPLAIN THE LEGAL REQUIREMENTS FOR CONDUCTING A WARRANTLESS PROTECTIVE SWEEP

-Generally protective sweeps are permitted where a LEO has RS to believe the residence harbors a 3rd party who could pose a danger to the officer --> RESTRICTED to the person and area within his IMMEDIATE control (lunge range) -a quick and limited search of premises to protect safety of police officers or others -arrest not required for Prot. Sweep to be valid 2 types: AUTOMATIC protective sweep: a) may only look in places immediately adjoining the place of arrest (ie closets) b) officer may only look in places where persons can be located (ie NOT drawers) c) may last no longer than necessary to dispel the danger (minutes!) EXTENDED protective sweep: a) RS that other persons are present (suspects nervousness, furtiveness, noises suggesting another person present, circumstantial evidence suggesting criminal associates are present) -Evidence observed in plain view while lawfully performing a protective sweep is admissible -upon RS, officer may conduct a protective sweep inside the premises if the arrest occurs outside (exigencies)

EPO #6: Demonstrate and/or identify the five steps of the law enforcement interview.

-Introduction (name, purpose, context) -rapport (small talk, demonstrate confidence/capability) -questions (ask question, receive answer, evaluate answer, record) -summary (repeat back, re-question, check outline/prepared questions -closing (thank them, give chance to provide info, contact info, resources)

EPO#7 DESCRIBE THE LEGAL REQUIREMENTS FOR EXECUTING AN ARREST WARRANT

-LEO must have authority and jurisdiction -unlike search warrant, arrest warrant typically does not require execution within a specified time period -executed by arresting the defendant (upon arrest, officer must show warrant to the defendant, there is no requirement that the officer have it present at the time of the arrest, in that case: inform the defendant of its existence and offense charged, and at defendants request, must show the warrant as soon as possible -allows entry into the arrestees home to make an arrest if there is a reasonable belief that the suspect resides at the place to be entered AND that the suspect is currently present in the dwelling Courts rely on factors to indicate presence inside: -surveillance indicating the suspect is in the residence -the presence of the suspects automobile -time of day -observing the operation of lights or other electrical devices -circumstances of a suspects employment -tips from citizens -lack of evidence that suspect is elsewhere -To arrest in 3rd party's residence, a warrant, consent, or exigent circumstances must exist *Return of the warrant: after executing the warrant, officer must return it to the judge before whom the defendant is brought

EPO #2: Identify common barriers to cross-cultural communications.

-Language -Ignorance of cultural norms -Prejudice/stereotyping -Ethnocentrism

EPO#11 DESCRIBE THE REQUIREMENTS FOR COMPLETING A SEARCH WARRANT APPLICATION

-Who may issue: US Magistrate judge, District Court judge, Appeals Court judge, Supreme Court justice, State judge in State court of recordFor their jurisdiction -Who may request: Federal LEO (and cross-designated state/local) and Attorneys who represent US Govt -must particularly describe the place to be searched and the person or things to be seized and designate the magistrate judge to whom it must be returned -affidavit must establish a nexus between the items sought and the location to be searched. (nexus between the item to be seized and criminal behavior) Nexus requirements: 1) direct observation 2) nature of the crime 3) nature of the items sought 4) the opportunity for concealment 5) normal inferences as to where a criminal would hide evidence -information must not be stale! -Anticipatory search warrants: a) it must be true that if the triggering condition occurs, there is a fair probability that contraband or evidence of a crime will be found in a particular place b) there must also be probable cause that the triggering event will occur Person or place to be searched MUST be described with such particularity that it/he/she may be identified with reasonable certainty Particularity requirements serve 3 purposes: 1) limits the discretion of the officer executing the warrant 2)informs the subject what the officers are entitled to take 3) defines the scope of the search that may be conducted Warrant need NOT describe the manner of execution SEARCH WARRANTS may be issued for: 1)evidence of a crime 2)contraband 3)fruits of crime or other items illegally possessed 4)property designed for use, intended for use, or used in committing a crime 5)a person to be arrested or person who is unlawfully restrained

EPO#19 DESCRIBE THE LEGAL REQUIREMENTS FOR CONDUCTING A WARRANTLESS SEARCH BASED ON CONSENT

-Neither PC or RS is required for a consent search 2 requirements: (1) Voluntary (2) Actual or apparent authority (must be given by an individual with either actual or apparent authority over the place to be searched) Voluntary elements: -age, education, intelligence of the individual -individuals knowledge of his or her right to refuse to give consent -length of detention -repeated/prolonged nature of questioning -whether consent was given in writing -use of physical punishment (food or sleep) -if the individual cooperated in the search -if suspect was in custody at the time of consent -suspects belief that no incriminating evidence will be found -presence of coercive police procedures -suspects experience dealing with LEOs -if suspect was under the influence -if suspect was notified of his miranda rights -whether the police made promises or misrepresentations -location consent was given -whether the defendant had been told a search warrant could be obtained -if there were repeated requests for consent -consent must be clear but need not be verbal -miranda rights NOT required before seeking consent ACTUAL OR APARENT AUTHORITY: -individ owns item -3rd party who has common authority over item -an individ believed to have authority SCOPE: defined by the consent given -individ may limit scope -may revoke consent THIRD PARTY CONSENT husband and wife, if one says yes and other is not present you may search, if both present and one says no you may not parent child: -parent can consent to search of minors property -consent of adult child: does child pay rent? has child taken any steps to deny parent access or use of room? -minor may consent to a search of a parents home (careful with this one) -Roommate situation: common areas may be searched -Landlord-tenant: only joint access dwellings

EPO #2: Demonstrate the procedures for transmitting clear and accurate messages.

-Plan your message -AVOID: words similar in sound, emotionally charged words, unprofessional words -message relays- don't add or delete -Radio Codes: during emergency use plain English -Phonetic alphabet (standard vs military) -ten code -use 2400 time -Position microphone correctly, speak in normal voice ORDER OF TRANSMISSIONS: -unit or call sign -location -brief summary of pending transmission OR emergency or priority status -wait for acknowledgment from dispatcher -give unit number again -give location again -then give message

EPO#5: EXPLAIN WHAT CONSTITUTES PROBABLE CAUSE UNDER THE 4TH AMENDMENT

-Probable cause is the standard for issuance of warrants and the arrests of individuals, fluid concept -Information that would lead a reasonable LEO to believe that an item subject to seizure is located on or in the place or person to be searched -Information that would lead a reasonable LEO to believe that a crime has been committed and that the person about to be apprehended committed it -the test for PC is the totality of the circumstances Methods of establishing probable cause: -direct observation -smell -observations made by fellow LEOs -a LEOs training and experience -info from a drug sniffing canine (canine must be properly trained, failure of dog alert does not automatically mean PC is lacking) -info from victims/witnesses -info from confidential informants (Aguilar test: 1) credibility of the informant and 2) the informants basis of knowledge) Aguilar v Gates: Aguilar test rejected as hyper technical, and adopted totality of the circumstances approach

EPO #5: IDENTIFY THE PURPOSE OF THE CRIMINAL PROVISIONS OF THE NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION ACT (NAGPRA).

-Prohibits trafficking in Native American human remains and associated funerary objects NAGPRA Requirements: a) Recognizes control by tribal governments. b) Requires reporting of discoveries. c) Provides conditions for the repatriation of remains and relics. d) Requires inventories of known relics. e) Establishes civil penalties for non-compliance. Criminal penalties: up to $100,000 fine and or 1 year imprisonment -second violation: up to $250,000 fine and or 5 years of imprisonment

EPO#3 DESCRIBE THE ACTIONS THAT CONSTITUTE A SEIZURE UNDER THE 4TH AMENDMENT

-Seizure of Persons: generally a person is seized under the 4th when, based on the totality of the circumstances, a reasonable person would not feel free to leave or otherwise terminate the encounter based upon a LEOs application of physical force (however slight) or show of authority -Seizure of Property: a seizure of property occurs when there is some meaningful interference with an individuals possessory interests in that property -Police Citizen encounters: (1) Voluntary contact: brief and voluntary, req no probable cause or reasonable suspicion (2) Investigative detention: reasonable suspicion (3) arrest: probable cause!

EPO #3: Identify the components required to be an effective customer service and law enforcement communicator.

-Self-concept -Active listening -Clarity of Expression -Self-disclosure

EPO #1: IDENTIFY THE HISTORIC SIGNIFICANCE OF THE ANTIQUITIES ACT OF 1906

-The first united states law to specifically provide protection for cultural resources -means of overseeing and coordinating educational and scientific archaeological investigations on federal and Indian lands but did NOT effectively prevent or deter deliberate criminal looting of archaeological sites -set up basis for ARPA

To examine if a seizure has occurred courts will examine:

-Time place and purpose of the encounter -the number of officers present at the scene -whether the officers displayed their weapons -blocking or attempting to block suspect from departing or restraining movement -blocking or attempting to block a suspect from departing or restraining -words used by the officer -the use of language or tone of voice indicating that compliance with the request may be compelled -threatening presence of several officers -physical touching of the citizen -retention of a citizens identification of other personal property (including prolonged retention) -requests to accompany the officer to the police station -whether the officers informed the suspect that they suspected him of illegal activity rather than treating the encounter as routine in nature -whether the individual was advised he was not required to cooperate

EPO#1: DESCRIBE WHAT CONSTITUTES GOVERNMENT ACTION UNDER THE FOURTH AMENDMENT

-Two Clauses (1) All searches and seizures must be reasonable (2) Probable Cause must exist before warrants may be issued and they must describe place/persons/things to be searched or seized -4th addresses govt, not private, action -govt is not limited to LE, instead it acts as a restraint on the entire govt -Applies to LEOs operating under authority and appointed government agents, including private citizens acting under government authority

EPO2: IDENTIFY PROCEDURES TO BE FOLLOWED IF A SUSPECTED BOMB/IED IS FOUND

-cardinal rule: do not touch!!! -always take precaution for a second device -dont use radios/cellular devices -use isolation zones, do not cluster -VBIED search focus on load bearing areas of vehicle Evacuation Options 1) No Evacuation: When responsible officials make a determination of "no evacuation," all personnel in the area may continue with the normal routine. 2) Partial Evacuation: Only essential or needed personnel remain behind to continue operations. 3) Total Evacuation: Evacuate all personnel within the building or area to a designated location. Post-Blast: -Establish zones: hot (innermost perimeter of event, IED could do most damage), warm (removed from threat but controlled by responders, operations done here), cold (civilians evacuated to this point) -Consider: collapsed buildings, fires, downed electrical wires, gas lines, unexplored devices-preserve forensic evidence when possible Continuing Explosive Incident - ongoing active shooter (or other threat) situation in connection with explosives incident VBIED - vehicle modified to conceal and deliver large IED to target for purpose of inflicting mass casualties and catastrophic property damage. Initiation methods: timed, command, suicide

EPO #1: Demonstrate the procedures for preparing a radio for use and transmitting radio messages.

-check radio antenna -check that all control knobs and switches are in place -check that battery is attached, in place, and secure -Test radio before beginning patrol, find malfunctions before beginning -ensure that the radio zone and talk group you're using is the proper one -volume control -squelch control -antennas held vertically -batteries may develop memories, do not store near metal objects -radio malfunctions: check battery, check corroded terminals, loose connections, loose antenna

EPO1: IDENTIFY STEPS TO BE TAKEN WHEN RESPONDING TO A BOMB THREAT

-evacuate area (300 ft in built up areas, 1000 ft in open areas) -notify bomb disposal unit -open doors upon exiting the area -keep area clear of non-essential personnel -secure perimeter -give location and description of device to bomb disposal personnel -once safe, be prepared to resume search

EPO#20 DESCRIBE THE LEGAL REQUIREMENTS FOR CONDUCTING A WARRANTLESS INVENTORY OF PERSONAL PROPERTY

-evidence found during a valid inventory search is admissible -I.S. are not permitted for the sole purpose of discovering incriminating evidence -evidence found may provide justification for a more thorough search (ie, finding of marijuana=probable cause for a second more comprehensive search) 3 justifications: 1) to protect owners property while in police custody 2) protects police against claims or disputes over lost or stolen property 3) necessary for protection of police from potential dangers located in the property 2 REQUIREMENTS: 1) must be lawfully impounded (supported by PC or caretaking) -violating motor vehicle laws (parked and abandoned vehicle) 2) must be standardized policy that governs the conduct of the inventory -standardized policy of the agency determines the scope of an inventory search: -passenger compartments -trunks -containers (locked or unlocked) -engine compartment

EPO#6 EXPLAIN HOW THE EXCLUSIONARY RULE IS APPLIED TO 4TH AMENDMENT VIOLATIONS

-evidence obtained in violation of the 4th amendment is generally inadmissible at trial -the purpose of the rule is to deter police misconduct -a defendant must make two showings to benefit from application of the exclusionary rule: (1) must demonstrate both actual police misconduct violated their 4th amend. rights AND (2) that the evidence to be excluded was in fact a product of the police misconduct

EPO#15 EXPLAIN THE LEGAL REQUIREMENTS FOR THE WARRANTLESS SEIZURE OF EVIDENCE UNDER THE PLAIN VIEW SEIZURE DOCTRINE

-may seize evidence in plain view without a warrant PLAIN VIEW SEIZURE: 1) LEO must have been in lawful position to observe the item 2) the incriminating nature of the item must be immediately apparent (must have PC that the object is subject to seizure ie contraband) 3) the LEO must have a lawful right of access to the evidence (ie if it can not be lawfully obtained, you must have warrant)

EPO#14 DESCRIBE THE LEGAL REQUIREMENTS FOR A WARRANTLESS DETENTION OF A PERSON DURING THE EXECUTION OF A PREMISES SEARCH WARRANT

-occupants may be detained during the execution of a premises search warrant for contraband (summers doctrine) suspects can also be barred from entering premises while a search warrant is being obtained SUMMERS DOCTRINE: 1) minimizing the risk of harm to the officers executing the warrant (ie, narcotics search may lead to violence or efforts to conceal/destroy evidence) 2) orderly completion of the search 3) prevention of flight in case incriminating evidence is found -all 3 need not be met for a temporary detention -reasonable force may be used in detaining a suspect if necessary to detain -Length: should be shorter in duration but not specified -search warrant does NOT permit a frisk of all persons present during its execution

EPO3: IDENTIFY AND DEMONSTRATE THE DUTIES OF FIRST RESPONDING RANGERS TO AN EXPLOSION

-practice officer safety and survival (stop, look, listen) -establish entry/exit control points -est. perimeters -evacuate injured or non-essential personnel -document the scene as soon as possible -be aware of secondary explosives

EPO #2: IDENTIFY THE CRIMINAL ELEMENTS OF THE ARCHAEOLOGICAL RESOURCES PROTECTION ACT OF 1979 (ARPA).

-protect archeological resources and sites on federal public and Indian lands -ELEMENTS (1) STATUTORY DEFINITION: archaeological resources are the material remains of past human existence that have archaeological interest under the uniform regulations and are more than 100 years old (2) JURISDICTION: Public or Indian land, federal lands owned by the US (3) PROHIBITED ACTS: excavating, removal, damage, alter, deface or attempt to do so; sell, purchase, exchange, transport or receive or offer to do so (4) PERMIT STATUS: must be done without a permit or in violation of a permit (5) AMOUNT OF LOSS: requires quantification of damage in order to determine severity of the crime -cost of restoration and repair -commercial value -archaeological value If damage is in excess of $500, it is a felony. $500 or less it is a misdemeanor -archaeologist MUST be an expert witness at trial (6) INTENT: specific intent requires proof that defendant was aware that his or her conduct was unlawful

EPO #2: IDENTIFY FUNDAMENTAL, CONTRIBUTORY FACTORS RELATED TO RANGER ASSAULTS AND DEATHS.

10 deadly errors: 1. Failure to maintain proficiency in and maintenance of weapons, vehicles and equipment 2. Improperly frisking, searching or using handcuffs 3. Not getting enough rest 4. Relaxing too soon 5. Missing the danger signs 6. Taking a bad position 7. Failure to watch the hands 8. Tombstone courage (lack of caution) 9. Preoccupation 10. Apathy (Complacency)

EPO#9 DESCRIBE THE WARRANT EXECUTION REQUIREMENTS UNDER THE KNOCK AND ANNOUNCE RULES IN 18 USC 3109

-requires that officers executing search or arrest warrants must, unless their entry is consented to, gice notice of their authority and purpose and be refused entry before they can break into the premises to be searched (applies to both search and arrest warrants) -not required to knock and announce when nobody is home -breaking open does not always require force, prohibits unannounced intrusion: including opening a closed but unlocked door! 3 REQUIREMENTS 1) physically knocking on the door (a) placing a phone call to the home satisfies this requirement (b) utilizing a bullhorn satisfies this requirement (c) utilizing loudspeaker satisfies 2) An officer must announce his or her identity and authority 3) Before force can be used to enter, officer must be refused or denied admittance -Silence can be construed as refusal to entry -reasonable period of time: amount of time it would take for a person in the house to open the door (usually 5 sec or more) -sounds of flight= refusal -sounds of evidence being destroyed -verbal refusal -gunfire EXIGENT CIRCUMSTANCES: -must have RS that exigent circumstances exist 5 common: 1) danger to officers or 3rd parties 2)destruction of evidence 3) suspects significant criminal history 4) when knocking and announcing would be useless gesture 5) when LEO is in hot pursuit 6) LEO may also utilize a ruse to avoid implication 3109 Once requirements of 3109 have been fulfilled or exigent circumstances exist a LEO may break open a door or window to residence -LEOs may seek no knock warrants

EPO#18 DESCRIBE THE LEGAL REQUIREMENTS FOR CONDUCTING A WARRANTLESS SEARCH INCIDENT TO ARREST OF A PERSON

-searches incident to arrest are an exception to the warrant requirement (and considered reasonable) 3 justifications: 1) to discover weapons 2) to prevent destruction or concealment of evidence 3)to discover any means of escape 3 requirements: (1) must be a lawful custodial arrest for SIA to exist a)probable cause to exist that arrestee has committed a crime b)arrest is actually made (2) the search must be substantially contemporaneous with the arrest (3) the area to be searched has to be currently accessible by the arrestee scope: search may be made of the person, or may be made of the area within the control of the arrested SEARCH A SUSPECT'S PERSON INCIDENT TO ARREST: a) strip and visual body cavity SIA: must be justified by at least a reasonable suspicion that arrestee is concealing contraband or weapons. Manner of conduction must be reasonable. -sexually invasiveness searches: location of the search (where it is conducted is relevant to determination of reasonableness) , scope of particular intrusion, manner in which the search was conducted, and justification for initiating the search SIA THE AREA WITHIN THE ARRESTEES IMMEDIATE CONTROL: factors to consider: -distance between arrestee and place searched -whether arrestee was handcuffed or otherwise restrained -whether the police were positioned so as to block the arrestee from the area searched -ease of access to the area itself -number of officers present -containers within an arrestees immediate control may be searched incident to arrest (ie wallet, backpack, luggage) -immediate control determined at time of arrest, not time of search VEHICLE SIA: passenger compartment of vehicle search permitted if arrestee has ready access to the vehicle or reasonable to believe that evidence of the crime of arrest will be found inside the vehicle -containers may be searched -trunk may not unless given consent

EPO #4: IDENTIFY THE CIVIL POSSIBILITIES OF ARPA AND THE PARK RESOURCES PROTECTION ACT.

-served notice via mail providing details of violation and description of damages -contains hearing information -Rights: accept and pay damages, negotiate, do nothing and accept default, request hearing SYSTEM UNIT RESOURCE PROTECTION 54USC100721/PARK RESOURCES PROTECTION ACT: -only the NPS receives compensation from a person who causes injury or loss of park system resource (living or non living resource within the NPS) -allows parks to keep recoveries to reimburse costs, restore resources, monitor injured park system -Elements: strict liability (no intent required), damage loss or injury, park system resource

EPO #3: Demonstrate the message format for transmitting radio messages in various law enforcement situations.

-unit number and location and advise dispatcher of ________________ -wait for acknowledgment then give -unit number -location -give info pertaining to the _________

EPO#17 DESCRIBE THE LEGAL REQUIREMENTS FOR THE MOST COMMON WARRANTLESS SEARCHES AND SEIZURES PERFORMED UNDER EXIGENT CIRCUMSTANCES

-warrantless searches are permitted where exigent circumstances exist -"exigent"=those circumstances that would cause a reasonable person to believe that entry was necessary to prevent physical harm to the officers or other persons, the destruction of relevant evidence, the escape of the suspect, or some other consequence improperly frustrating legitimate law enforcement efforts -once exigency ends, right to search terminates (1) HOT PURSUIT -pursuit must begin in a public place, probable cause must exist to arrest the suspect, crime involved in the pursuit must be serious, must be immediate or continuous pursuit, must be probable cause to enter the residence (2) DESTRUCTION/REMOVAL OF EVIDENCE -reasonable caution to conclude that evidence of a fed crime would prob be found on the premises and that it would be destroyed within time to obtain a search warrant (3) CRIME SCENE EMERGENCIES -need to protect or preserve life or avoid serious injury/threats to public safety

Determining reasonableness of an investigative detention:

2 factors to determine legality: (1) Whether the officers action was justified at its inception (2) whether the officers actions were reasonably related in scope to the circumstances that justified the detention in the first place (unrelated questioning to the purpose of the stop does not violate terry's second prong, an officers inquiries into matters unrelated do not change the lawful seizure to be unlawful as long as they do not measurably extend the duration of the stop)

EPO#4 EXPLAIN THE LEGAL REQUIREMENTS FOR A TERRY STOP AND A TERRY FRISK

A) TERRY STOP (or Investigative detention): a brief investigatory stop when a LEO has a REASONABLE, ARTICULATE SUSPICION that criminal activity has happened, is happening, or about to happen Ie 2 requirements: (1) reasonable suspicion (2) Criminal activity Reasonable suspicion is a lesser standard than probable cause, but must be more than a hunch, courts look at the totality of the circumstances to determine whether RS exists, RS can be based on completely innocent behavior -personal property may be detained on reasonable suspicion (if there is RS that a piece of property contains contraband or evidence of a crime) B) TERRY FRISK: during an investigative detention, a suspect may be patted down for weapons in certain circumstances. If during an investigative detention, a LEO develops RS that the individual is armed and dangerous, the officer may conduct a limited pat down search of the individual for weapons. (Cannot be a full search — a that needs probable cause, consent, or valid arrest) A TERRY FRISK is a pat down search of a suspects outer clothing to discover weapons that could be used during an investigative stop. (Can NOT be used in an effort to look for evidence of a crime) Must meet 2 requirements: (1) first the suspect must have been lawfully stopped (2) the officer had RS that the suspect was armed and dangerous Scope of Terry Frisk: -limited to weapons and hard objects -limited to the areas where a weapon could be located -may be permissible even when suspect has been handcuffed -est reasonable suspicion to frisk a suspect can be established in a variety of ways (personal observations, info from other officers, info from third parties -Totality of the circumstances can be used to justify a terry frisk (ie reputation of suspect, bulge in clothing, furtive movements, suspects behavior, nature of offense under investigation C) Investigative stops and Terry Frisks involving vehicles: -Vehicle stops are comparable to investigative detentions (terry stop) -driver and passengers are seized during a traffic stop -reasonable suspicion that a crime is afoot is required (or that a vehicle is carrying contraband) -observed traffic violations may form basis for the stop D) TERRY FRISK OF VEHICLES: -passenger compartment may be frisked if RS exists to believe the driver or passenger is dangerous -containers located inside the passenger compartment may be frisked -the trunk may NOT be frisked

EPO2: RECOGNIZE THE MOST COMMON INCIDENTS OF CIVIL LIABILITY FOR LEOS UNDER BIVENS AND THE DEFENSE OF QUALIFIED IMMUNITY

CONSTITUTIONAL TORTS: (Bivens suits) (1) Unlawful searches and seizures without probable cause -Does PC exist? Could a reasonable LEO have believed that PC existed? -A reasonable by mistaken belief does not create liability (2) Knowingly submitting a false or misleading affidavit for search or arrest warrants -Deliberate perjury -reckless disregard for the truth -intentional or reckless omission of material facts -reasonable reliance on facts that turn out to be false does not create liability (3)4th amendment Excessive force claims -4th amendment- unreasonable seizure? -when seizure is made -how seizure is carried out -was force used reasonable? -based upon facts and circumstances known at the time (4) Failure to intervene -Affirmative duty -requires knowledge of violation -in presence or within knowledge -realistic opportunity to intervene QUALIFIED IMMUNITY: was there a constitutional violation? If so, was it clearly established at the time of the act? Would a reasonable officer know that the action violated constitutional rights?

EPO #5: Identify the implications of symbolic communication.

Command presence -physical appearance -attire -vehicle -office

EPO #3: IDENTIFY THE CRIMINAL PENALTIES OF ARPA.

FELONY: -damage >$500 -2 years max imprisonment (if any digging is involved it is likely a felony) -fine is $250,000 maximum for individuals and $500,000 maximum for organizations 2nd offenses: automatic felony regardless of damage, 5 years max in prison MISDEMEANOR: -damage $500 or less -1 year max imprisonment -do not write VN until affected cultural resource has been examined by archaeologist -fine $100,000 max for individual, $200,000 max for organizations -fines go to US treasury

EPO#10 EXPLAIN THE AUTHORITY VESTED IN TYPE 1 AND TYPE 2 LE RANGERS TO ASSIST IN THE EXECUTION OF ARREST AND OR SEARCH WARRANTS ACCORDING TO NPS POLICY

Federal authority: 54 USC Type 1 permanent= full authority Type 2 seasonal can participate inside and outside park with type 1 on scene direction -carry firearms when off duty within the park to which they are assigned -provide initial response to both misdemeanor and felony incidents with delegated arrest authority -independently conduct investigations into misdemeanor violations -under supervision: investigate felony violations and fatalities -participate in execution of planned arrest and search warrants and other processes both inside and outside of park boundaries when under Type 1 employee

EPO4: IDENTIFY COMMON EXPLOSIVES AND METHODS OF DETONATION

LOW EXPLOSIVES -less than 3280 ft/sec -deflagrates (burns rather than explodes) -pushing effect (not shattering) -confined to explode -no blasting cap required ie Black Powder, smokeless powder, flash powder HIGH EXPLOSIVES -faster than 3280 feet -does not need to be confined -requires blasting cap -has shattering effect ie: dynamite, tnt, c4, semtex,primer cord METHODS OF DETONATION -non electric blasting caps -electric blasting caps -initiating devices (time, chemical, motion, mercury switch, vibratory switch -radio control -garage door opener -beeper

EPO #1: IDENTIFY HOW TACTICS, MENTAL PREPARATION, PHYSICAL FITNESS, EQUIPMENT AND SHOOTING SKILLS INFLUENCE RANGER SAFETY AND SURVIVAL.

MENTAL PREPARATION: preparing mentally=warrior mindset=winning potentially lethal encounters -on spot decision making -crisis rehearsal -visualize and win -eliminate/combat negative reactions, expose hidden reserves of energy and endurance, provide better sound tactical judgement TACTICS: -techniques: weapon positions, use of cover, doorway entries, room clearing, 360 security, individual and team movement -verbal and nonverbal communications PHYSICAL FITNESS: -weapon retention and proper use of physical control, aerobic conditioning, strength training, flexibility EQUIPMENT: -body armor, service and off duty weapons, magazines, flashlights, holsters, batons, pepper spray, ECD, handcuffs, vehicles, radio and phone communications SHOOTING SKILLS: proficiency in all shooting conditions

EPO #8: Demonstrate and/or identify question formulation methods and questioning techniques.

Question-asking process: 1) ask question 2) receive response 3) evaluate for truth/consistency 4) record Questions should be: 1) simple 2) single-topic 3) clear 4) stated in soft, un-shocking language Avoid: -leading questions -negative questions -compound/complex questions Question types: -narrative -direct examination -cross-examination

EPO #4: Identify various law enforcement databases utilized in law enforcement and the various types of information available from these databases.

NCIC NATIONAL CRIME INFORMATION CENTER: nationwide, average response is 10 seconds Will tell you: -if suspect is wanted -if warrant outstanding -if missing person involved -other info

Voluntary Contact

Question: An officer may ask questions (even incriminating ones) without the contact turning into a seizure, Identification: a LEO may request (NOT demand) to see identification Display of authority: may identify himself and display credentials Request for consent to search: may seek consent for a search

EPO #3: Identify the importance of how to employ the survival and reporting objectives during a hazmat emergency by using the acronyms R.A.I.N. and C.H.A.L.E.T.

RECOGNIZE the threat AVOID being the casualty (min of 330 feet) ISOLATE the incident scene NOTIFY the dispatcher CASUALTIES HAZARDS (is there a plume? Wind direction? Other potentials nearby ie gas stations) ACCESS (how to get first responders in, location of the staging area) LOCATION (of the hazard release site, 1st responders location) EVACUATION (Do you have everyone run or do you have them shelter in place?) TYPE (is it a chemical biological or radiological release and what type of emergency services do you need) CHEMTREC phone number

REP examples**

Reasonable expectation of privacy

EPO #7: Demonstrate and/or identify appropriate procedures when conducting interviews with one or two law enforcement rangers.

Single interviewer must be totally prepared and use extra caution to be precise Two interviewers is preferable (safety, shared burden, more observation powers) -primary interviewer takes lead and control of questioning, observes all behaviors of suspect -secondary interviewer focuses on note-taking, observing, clarifying/follow-up questions, summarization

EPO3: DESCRIBE INCIDENTS OF POTENTIAL CIVIL LIABILITY FOR LEOS UNDER STATE TORT THEORIES AND THE FTCA PROTECTION FROM INDIVIDUAL LIABILITY

State law torts: (1) NEGLIGENT TORTS elements: a)DUTY OF CARE: no affirmative legal duty to act UNLESS the defendant's negligence puts plaintiff in peril, promises to protect person specifically, if subject is in custody, or if someone else is violating constitutional rights (ie excessive force, must intervene) b)BREACH OF DUTY: standard of care, what would a reasonable person do under the same circumstances -proving a breach of duty: showing that the defendant failed to meet the appropriate standard of care c) CAUSATION: -causation in fact: but for the defendants breach of duty, would the plaintiff have suffered damages? if yes, then there is causation in fact. if not, the defendant should not be liable -proximate cause (not reliable for third person torts) d) DAMAGES: plaintiff suffers some form of damage (ie injuries, property damage, attorney fees) (2) INTENTIONAL TORTS (such as battery, assault and false imprisonment): the act that causes damages is WILLFUL and INTENTIONAL most common to person: a) Battery b) assault c)false imprisonment d)false arrest e)intentional infliction of emotional distress most common to property: trespass to land (damage to land), trespass to chattels (damage to personal property), conversion (theft of personal property) FEDERAL TORT CLAIMS ACT (FTCA): makes the US liable in the same manner as a private individual 1) to compensate persons injured by state law torts of fed employees (sovereign immunity) 2) to protect federal employees acting within the scope of their employment (absolute immunity) FEDERAL GOOD SAMARITAN AC: when LEO is protecting an individual, provides immediate assistance to individuals suffering bodily harm, prevents escape of individ who officer believes has committed a crime of violence

EPO 1: EXPLAIN THE APPLICABILITY OF 42 USC 1983 AND LIABILITY UNDER BIVENS

TORT: is a civil wrong, other than a breach of contract, for which the court will provide a remedy in the form of an action for damages (Title 42 USC 1983, Bivens, Title 28 USC 2671) (ie money payment, cease and desist) 42 USC 1983= Civil action for deprivation of rights (applies only to state, county, and local officers, NOT federal officers) BIVENS: created an analogy to title 42 USC 1983 under which federal officers may be sued in civil court for violating a persons constitutional rights (only a person alleging a violation of rights protected by the 4th(search and seizure), 5th (due process), or 8th (cruel and unusual punishment) amendment may recover in civil suit for such damages)

A terry stop may ripen into an arrest if probable cause arises

Take into account: 1) the purposes behind the stop or nature of the crime 2) whether the police diligently sought to carry out the purpose of the stop 3) amount of force used by the police 4) the need for such force 5) information conveyed to the detainee concerning the reasons for the stop 6) the extent to which an individuals freedom of movement was restrained 7) the number of agents, officers, and police cars involved 8) whether the target of the stop was suspected of being armed 9) the duration and intensity of the stop 10) whether the stop was unnecessarily prolonged 11) The physical treatment of the suspect including whether or not handcuffs were used 12)any alternative means by which the police could have served the purpose of the stop (could the stop made have been less threatening circumstances?) 13) the time and location of the stop 14) the strength of the officers articulable, objective suspicions 15) the need for immediate action by the officer 16) the presence or lack of suspicious behavior or movement by the person under observation 17)the importance of the governmental interest alleged to justify the intrusion

EPO#2: DESCRIBE THE ACTIONS THAT CONSTITUTE A SEARCH UNDER THE 4TH AMENDMENT

The Supreme Court applies two separate tests to determine whether government conduct constitutes a search: (1) The Katz REP Analysis: a search implicating the 4th amendment occurs when the government intrudes on an individual's reasonable expectation of privacy (REP) (2) The Jones Analysis: A search implicating the 4th amendment occurs when there is a physical intrusion by the govt into a constitutionally protected area (persons, houses, papers, and effects) for the purpose of gathering information (AKA common law trespass)

EPO #4: Identify the principles and implications of verbal and nonverbal communication.

Verbal Communication -different response patterns for truthful/untruthful Nonverbal Communication -different non-verbal indicators for truthful/untruthful -culture -change -context -clusters -paralinguistics (tone, rate, sub vocals, response latency, nervous tics) Body Movement -posture -gesture -body lean -ambulation

EPO#12 DESCRIBE THE LEGAL REQUIREMENTS FOR EXECUTING A PREMISES SEARCH WARRANT

WHO can serve a Search Warrant: Federal agent authorized to serve such warrant, including cross-designation. State and Local LE may assist. Citizens may also assist. (civilians role must be to aid the efforts of the police, officer must be in need of assistance, and civilians must be limited to doing what the police had authority to do) WHEN served: -Generally daytime (6-10). -Some (including for controlled substances) can be served anytime or if reasonable cause is shown. -Generally must be served within 14 days, cannot be extended because information considered "Stale" (exceptions: if completed shortly after expiration and there is still probable cause continuing to exist and the govt foes not act in bad faith then "late" evidence need not be suppressed) LOCATIONS on a premises that may be searched: a)premises, outbuildings, curtilage (search warrant may include building and objects within the curtilage even if not specifically referenced in the search warrant) b) vehicles on the property to be searched may be searched pursuant to a premises search warrant (Vehicle MUST be located on the curtilage to fall under authority of warrant, ownership may also play a role in determining whether it falls under the authority) c) containers on the property to be searched may be searched pursuant to a premises search warrant **ELEPHANT IN A MATCHBOX DOCTRINE** -Generally NO requirement to present warrant prior to beginning of the search as long as it is presented before the officers vacate premises -MAY answer a ringing telephone during search warrant execution -MAY temporarily seize handguns -Suspect ordinarily has no right to have an attorney present during the execution of search warrant (UNLESS the suspect is arrested during this time) -LEO may use a reasonable amount of force (may even handcuff occupants while executing DEPENDING on tot. of the circumst.) -Destruction of property not necessarily violation of 4th -LEO must prepare an inventory of any property seized -must provide copy of warrant and receipt (inventory) -promptly return warrant + inventory to issuing magistrate

Permissible actions during a vehicle stop

a) driver may be removed from the vehicle b) the passengers may be removed from the vehicle c) the passengers may be ordered to remain in or return to the vehicle d) a flashlight may be used to illuminate the interior of a vehicle e) where windows are heavily tinted they may be opened to check for weapons f) where a passenger is unable to exit the vehicle, officers may open the door to inspect the occupant g) license and registration checks may be conducted h)requests for passenger's identification may be made i) questions regarding travel plans may be asked j) questions unrelated may be asked if they dont prolng the stop k) a LEO may ask for consent to search during a traffic stop

EPO #9: Demonstrate and/or identify the proper techniques to access memory through the cognitive interviewing process.

systematic approach to interviewing cooperative witnesses to increase the amount of relevant information obtained/remembered -introduction & rapport (transfer control to them) -open-ended narration -probing memory scenes (activating scene using some of their own words "you said it was dark...") -have them describe events in reverse order -note scenes and descriptions for further probing. activate scenes using their descriptions -allow time for personal descriptions -review thoroughly -close -probe memory scenes for elaboration -use their words to activate scenes -multiple recall attempts -describe scene in reverse