MidTerm
Monell v. New York
"Custom" or "Informal Policies"
City of Canton, Ohio v. Harris
"Deliberate Indifference"
Illicit Beverage
"Illicit beverage" means an alcoholic beverage: (A) manufactured, distributed, bought, sold, bottled, rectified, blended, treated, fortified, mixed, processed, warehoused, stored, possessed, imported, or transported in violation of this code;
Terry vs. Ohio
"Stop & Frisk" pat down
Drugs
#1 forfeiture case
maximum fine for dwi (assuming its 3rd degree felony)
$10,000
Elements of Drug Courier Profile
(1) driver is nervous or anxious beyond the ordinary anxiety and cultural communication styles (2) signs of long-term driving (3) vehicle is rented (4) driver is young male, 20-25 (5) no visible luggage, even though the driver is traveling (6) driver as reckless or over-cautious in driving and responding to signals (7) use of air-fresheners
Immediate investigations
(1) if the subject of the report is a child and the child is at a high risk of harm or is otherwise in danger or if the subject of the report is a person who is known by the agency to have or is reported to have chronic dementia, including Alzheimer's dementia, whether caused by illness, brain defect, or brain injury, immediately start an investigation in order to determine the present location of the child or person;
Places and Conditions of detention
(1) juvenile processing office (2) place of nonsecure custody (3) certified juvenile detention facility (4) secure detention facility (5) county jail or other facility (6) nonsecure correctional facility
promotion of prostitution (pimp)
(1) receives money or other property pursuant to an agreement to participate in the proceeds of prostitution (pimp)
rights and duties during period of possession
(1) the duty of care, control, protection, and reasonable discipline of the child; (2) the duty to support the child, including providing the child with clothing, food, shelter, and medical and dental care not involving an invasive procedure; (3) the right to consent for the child to medical and dental care not involving an invasive procedure; and (4) the right to direct the moral and religious training of the child. i.e. a father has the right on his weekends to spank his kids even if the mother does not believe in spankings
right and duties of parent
(1) the right to have physical possession, to direct the moral and religious training, and to designate the residence of the child; (2) the duty of care, control, protection, and reasonable discipline of the child; (3) the duty to support the child, including providing the child with clothing, food, shelter, medical and dental care, and education; right to discipline (reasonable) step-parent can discipline as well
Purpose of Interception
(1) to provide for the protection of the public and public safety; (2) consistent with the protection of the public and public safety: (A) to promote the concept of punishment for criminal acts; (3) to provide for the care, the protection, and the wholesome moral, mental, and physical development of children coming within its provisions; (4) to protect the welfare of the community and to control the commission of unlawful acts by children; (5) to achieve the foregoing purposes in a family environment (6) to provide a simple judicial procedure through which the provisions of this title are executed
absolute chemical
(A) a chemical, including aerosol paint, that: (i) is packaged in a container subject to the labeling requirements concerning precautions against inhalation it is illegal to sell abusable volatile chemicals without a permit
Arrest by peace officer from other jurisdiction
(a) A peace officer commissioned and authorized by another state to make arrests for FELONIES who is in FRESH PURSUIT of a person for the purpose of arresting that person for a felony MAY continue the pursuit into this state and arrest the person. (b) In this article, "fresh pursuit" means a pursuit without unreasonable delay by a peace officer of a person the officer reasonably suspects has committed a felony.
Offense within view
(a) A peace officer or ANY OTHER PERSON, may, without a warrant, arrest an offender when the offense is committed in his presence or within his view, if the offense is one classed as a felony or as an offense against the public peace. (b) A peace officer ONLY may arrest an offender without a warrant for any offense committed in his presence or within his view.
offense within view
(a) A peace officer or any other person, MAY, without a warrant, arrest an offender when the offense is committed in his presence or within his view, if the offense is one classed as a FELONY or as an offense against the public peace. (b) A peace officer MAY arrest an offender without a warrant for any offense committed in his presence or within his view. (FELONY OR BREACH OF PUBLIC PEACE)
inhalent paraphernalia
(a) A person commits an offense if the person knowingly uses or possesses with intent to use inhalant paraphernalia to inhale, ingest, or otherwise introduce into the human body an abusable volatile chemical -use or possess - class B -deliver or manufacture - class A
manufacturing of dangerous drug
(a) A person commits an offense if the person manufactures a dangerous drug and the person is not authorized by law to manufacture the drug. -SJF
Forging or altering prescription
(a) A person commits an offense if the person: (1) forges a prescription or increases the prescribed quantity of a dangerous drug in a prescription; (2) issues a prescription bearing a forged or fictitious signature -class B
photograph injured child
(a) A search warrant may be issued to search for and photograph a child who is alleged to be the victim of the offenses of injury to a chid
authority of peace officer
(a) Any peace officer may arrest, without warrant: (1) persons found in suspicious places and under circumstances which reasonably show that such persons have been guilty of some felony, (2) persons who the peace officer has probable cause to believe have committed an assault resulting in bodily injury to another person (3) persons who the peace officer has probable cause to believe have committed an offense (4) persons who the peace officer has probable cause to believe have committed an offense involving family violence; (5) persons who the peace officer has probable cause to believe have prevented or interfered with an individual's ability to place a telephone call in an emergency,
how an arrest warrant is executed
(a) The officer or person executing a warrant of arrest SHALL without unnecessary delay take the person or have him taken before the magistrate who issued the warrant or before the magistrate named in the warrant, if the magistrate is in the same county where the person is arrested. If the issuing or named magistrate is in another county, the person arrested SHALL without unnecessary delay be taken before some magistrate in the county in which he was arrested.
intoxicated
(a.) not having normal use of mental or physical (b.) having an alcohol concentration of 0.08 or more
Delinquent Conduct
(other than traffic offense) -punishable by imprisonment or confinement in jail -court in Justice or Municipal -county court or truancy court all Class B and above - NO CLASS C
Threats as justifiable force PC 9.04
(threats of force may be justified) -THE THREAT OF FORCE IS JUSTIFIED WHEN THE USE OF FORCE IS JUSTIFIED BY THIS CHAPTER. - For purpose of this section, a threat to cause death or serious bodily injury by weapon or otherwise, as long as the actor's purpose os limited to creating an apprehension that he will deadly force if necessary, does not constitute the use of deadly force.
Police Officer may enter a house without a warrant if they are in what situations?
- Hot pursuit - in an emergency - incase of eminent destruction of evidence
14.05 Rights of Officer; where arrests may be lawfully made w/out warrant, the officer or person making the arrest is justified in adopting all the measures which he might adopt in cases of arrest under warrant, except that an officer making arrest without a warrant may not enter a residence to make the arrest unless
- a person who resides in the residence consents to the entry or -exigent circumstances require that the officer making the arrest enter the residence without the consent of a resident or without a warrant
3 types of Traction Forces
- acceleration (driving) - deceleration (stop) - turning *what does a car do?
reasonable suspicion crime activity
- non-standard repainting -signs of hidden cargo -unusual license plate -unusual circumstances (kids 'bike w/no kids)
injury to a child, elderly or disabled
-14 and under -65+ -mentally challenged
Travis v. City of Mesquite
-1st court cases to address issues with law enforcement liabilities -Proximate Cause
14th amendment
-All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.
REQUIREMENTS for Emergency Vehicle Operation
-BELIEF that there is an actual emergency -drive with DUE REGARD for protection of life and property
USE OF FORCE CASES
-Baskin v. Smith -Brothers v. Klevenhagen -Friar v. -Graham v. Connor -Hathway v. Benezy -tennes v garner
various aspects of communication strategies used when dealing with the public
-COMMUNICATION is an important professional skill -97% of an officer's duties involve VERBAL SKILLS -only about 3% of contacts require PHYSICAL FORCE
Municipal Courts
-CRIMINAL MISD. PUNISHABLE BY FINE ONLY (NO CONFINEMENT) -EXCLUSIVE ORIGINAL JURISDICTION OVER MUNICIPAL ORDINANCE CRIMINAL CASES -LIMITED CIVIL JURISDICTION -truancy -magistrate functions -class C -city court -some may have court reporting(records) -When city ordinances relating to fire safety, zoning, public health, or sanitation are violated, fines of up to $2,000 may be charged, $4000 FOR DUMPING $500 IN ALL OTHER CASES
Non-Statutory Defense
-Controlled Substance Analogue -Suppression of Evidence in Criminal Case -Fifth Amendment -Homestead -Community Property -Legitimate Source of Income
Case law dealing with the issue of obscenity or gestures
-Duran v. City of Douglas, Arizona -Mere boisterous conduct was alone insufficient to give a police officer any cause to detain the plaintiff.
Two biggest problems in Emergency Driving Situations
-Ego -Faulty Decision Making
types of verbal appeals
-Ethical Appeal: based upon POSITION AS A PROFESSIONAL OFFICER -Rational Appeal: based on REASONING -Practical Appeal: based on an URGENT NEED to change a particular circumstance. SHORT-TERM solution! -Personal Appeal: based on ADDRESSING person's NEEDS and DESIRES.
required findings and orders
-FV has occurred -and will occur again
Types of Steering
-Hand over hand -Cross-over -Shuffle Steering
what are the phases in victims Reaction to Crime ?
-Impact (shock) -Recoil (guilty, anger, sad) -Reorganization (finally have it together)
Use of force factors
-In every arrest situation the officers must be firm and be prepared to protect themselves and others. -Force must be controlled and used wisely with a purpose -only the amount of force reasonably necessary to effect the arrest should be used. EX. is the suspect armed? what is the nature of the crime? what is the number of suspects involved?
Statutory Defenses
-Innocent Owner Defense -Owner acquired the property before illegal act -Family violence defense -Dismissal of Acquittal of related changes
helpful tools used in redirecting someone's behavior using verbal persuasion
-Listen: SORT the real problem from the symptoms of the problem. DETERMINE context of the event -Empathize: UNDERSTAND the other person's state of mind, see through the EYES OF THE OTHER PERSON -Ask: USE QUESTIONS to GAIN CONTROL by causing others to report to you. EX. in stressful situations to calm person down; ask an off the subject "are you hungry? where did you get your shoes from?"
Whren v. United States
-Motor vehicle search exemption
without warrant
-Owner, operator or agent knowingly consents -Incident to search consented to -Property subject to prior judgement of forfeiture -Incident to lawful arrest, search, or lawful search incident to arrest
pre-seizure planning
-Ownership Problem -Businesses (leases/liens) -Equity over mortgage -Risks/Liabilities -Costs -Rented and owner's consent -Bank Accounts
3 listed structures that play a key criminal role in the Criminal Justice System
-POLICE: city, county, state, federal -COURTS: municipal, county, state, federal -CORRECTIONAL SYSTEM: municipal fines, county jail, state prison, probation, parole
Exceptions to warrant requirements
-Plainview -Emergency searches -Area w/in immediate control at the time of arrest -Safety sweep of adjacent rooms
officer must recognize and control in every ecounter
-Problem: ANALYZE and identify the PROBLEM -Audience: EVERYONE ENCOUNTERED -Constraints: DETERMINE if there are any OBSTACLES to effective communication > if person is DEAF, MENTALLY ILL -Ethical Presence: an Expression of SELF-CONTROL
Forms and Targets of Prejudice
-Racial -Ethnic -Gender -Sexual Orientation -Religious
criminal law
-Regulates the conduct of individuals through threats of fines and imprisonment
What is included in Peaceable Assembly
-The right to peaceably assemble means that someone can gather together with others without fear from the government that they are a mob. - -People can get together with whomever they want as long as they are peaceful and not causing trouble.
Constructive Custody
-Where one person exercises a control over the person of another and detains him with certain limits -coercive measures
Self-Defense - PC 9.31
-a person is justified in using force they believe they are in immediately necessary for self-defense. -it is justification if the other person unlawfully and with force entered the actor's home, car, or place of business. (protect your home)
what can a search warrant be issued for?
-a search warrant may be issued for search and seize -property acquired by theft -gambling devices or equipment -obeisance materials kept for commercial distribution -drug controlled substances -any property the possession which is prohibited by law
criteria relating to professional peace officer's use of force
-ability to COMMUNICATE effectively with those persons outside of the profession -ability to ACCURATELY ASSESS the situation and define the problem -ability to know when to MOVE from WORDS TO FROCE
the 8 essential criteria of a good police report
-accurate -concise -complete -clear -legible -objective -grammatically record -correct spelling
Fight-or-Flight
-adrenaline begins to pump through body -Hyperventilation, sweating -heart rate increases
pg 1, pg1A, pg2
-any trace -less than a gram = automatic SJF -more than a gram = 2nd degree
contents of application
-applicant/victims name -alleged offender -relationship between the applicants and the individual alleged to have committed FV -request for one or more police officer
search warrant
-are issued based upon PROBABLE CAUSE -the reviewing magistrate will determine the PROBABLE CAUSE from info contained in the affidavit supporting the warrant -warrant must specify the items to be searched for and for the specific location of the search
Barriers of Active Listening
-arguing -criticizing -jumping to conclusions -pacifying -derailing -moralizing -name calling -ordering
common types of police reports
-arrest reports -incident reports -offense reports -crash reports -supplemental reports
victim must gather documentations:
-bank and cc statements -letters from creditors -CREDIT REPORTS FROM THE 3 MAJOR CREDIT BUREAUS > EQUIFAX, EXPERIAN, & TRANS UNION
conduct of investigation
-be conducted at any reasonable time and place, including the child's home or the child's school; -examination without parents consent
sexual assault
-bodily injury -penetration
procedures to follow when a prisoner/officer suffered a bodily injury
-call for medical assistance -photograph offender -photograph officer -write proper report if injury occurs in jail facility
proper booking procedures
-complete and accurate records -contraband will not be introduced into facility -additional charges may be filed if contraband is found -other agencies are notified when outstanding, warrants against a prisoner are discovered -the safety of the prisoners, arresting officer, and persons already in jail is protected by all reasonable means -the personal property of the prisoner is correctly inventoried.
problems associated with juvenile gang activities
-conditions for juvenile gang exercise -name/identification of leadership -geographic turf -weapon and drug development -delinquent activity
Concept of control:
-control is that degree of influence the officer must exert over the violator to take him or her safely into custody -control is a "two-way street" an officer must be in complete self-control to be able to control a violator.
venue (where can people make the application order?)
-county where victim resides -county where offender resides -or where offense occurred
failure to pay fine; contempt: juveniles
-court may not order the confinement of a child -suspend the contemnor's driver's license or permit -to deny the issuance of a license or permit to the contemnor
Justice Courts
-criminal misd. punishable by fine only (no confinement) -CIVIL ACTIONS OF NOT MORE THAN $10,000 -SMALL CLAIMS -evictions, repair and remedy -truancy -MAGISTRATE FUNCTIONS -class C (less serious minor offenses) -maximum $500 -SHERIFF & COUNTY -a justcie of peace may issue search and arrest and may serve as a coroner if there is no provision of medical examiner ex. you lend money to a friend & now he refuses to pay you (Judge Judy style)
FAMILY VIOLENCE
-dating violence -family -household -members of household
vehicles
-describe top to bottom; C- color -top to bottom Y- year M-make/model B-body style And L- license plate: year of expiration, state registered -VIN # -distinguishing marks/damages -Insured? -Financed?
methods to determine the predominant aggressor at a FV call
-do not dismiss the children -who poses the most danger -one party is actual fear of the other -amount of force used appropriate and reasonable -the relative severity of the injuries inflicted on each -physically larger or stronger than the other -history of violence against the other -party usually the aggressor -most risk for future harm or injury -injuries appear to be the result of self-defense -w/less-serious injuries demanding that the other be arrested too -do the stories make sense -can anyone else corroborate either story
the impact of an officers professional presence.
-dynamics change as soon the officers presence enters the scene. -officers must be able to think of the scene as it was before the entered the scene and what it becomes while they are present. -officers must remain alert to the dynamics of the people present
need for affidavit for search
-element of crime -nature -location
persons req to report and time
-everyone is immediately required to report -professionals i.e; teachers, nurses, doctors, physicians, psychiatrist and within 48 hours
Liability Situations
-failure to drive with due regard for safety of others. -an agency when it has not adopted a written policy on police pursuits.
possible consequences that may arise from improper or excessive use of force.
-federal laws -state laws
Four Basic Feelings or Attitudes Harbored by Most Prejudiced Persons
-feeling of superiority -Others are strange and different -Proprietary claims -Fear
Supreme Court
-final appellate jurisdiction in civil and juvenile cases -last word -the court of last resort
Court of Criminal Appeals
-final appellate jurisdiction in criminal cases -death -capital -the option to review or not to review a case unless it involves capital punishment or denial in bail
barriers to leaving an abusive relationship
-financial dependency -lack of an available support system -victim's previous negative experience w/criminal legal system -fear to try to leave (threats) loves the abuser but wants violence to stop -children want to stay/return -victim believes that the children need both parents -immigrant victims face additional barriers > language, distrust of law enforcement
state law- whats an authorized emergency vehicle
-fire department or police vehicle -public or private ambulance -municipal department of public corporation emergency vehicle -private vehicle of a volunteer fire fighter -industrial emergency response vehicle -vehicle of blood bank or tissue bank -government vehicle
sexual abuse
-forced sexual intercourse -not allowing the use of birth control (unwanted pregnancy) -use of objects -forced sex with others or in inappropriate places or in front of children
SIX Deadly Skids
-front-wheel braking skid -rear-wheel braking skid -all-wheel braking skid -power skid -spin-out skid -hydroplaning skid
Common stressors of Peace Officers -Stress external to agency:
-frustration with judicial system, -lack of consideration by the courts for scheduling officers appearances, -negative or distorted media coverage of policing, -perceived lack of public support, -officers dislike of the decisions and interest of city council, county commissioners or legislature.
the right kinds of fuel ensure that you have the energy to do essential job tasks
-fuel your body for an 18 hour shift working search and rescue operation -to have energy left at the end of day to enjoy personal and family activities
important skills that should be used "desired skills "
-gather knowledge and info about the persons -be non-judgemental -tolerate ambiguity in messages, approaches diff than your own, and diff in general -show warmth, genuine interest, and empathy -be willing to communicate
consent by non-parent
-grandparent -adult siblings -adult uncle and aunts -schools -police officers -courts -baby sitter/actual care -adult of a juvenile court
consent by non-parent
-grandparent of child -adult siblings -aunt/uncle -educational institute -adult actual care and possession of child -court having jurisdiction over suit with parent -peace officer who has lawfully taken custody of child
who can give medical consent other than the parent> 8 entities
-grandparent of the child -child's adult siblings -aunt/uncle -educational institute -adult actual care and possession of a child -court having jurisdiction over suit with the parent -adult responsible for the actual care or -peace officer who has lawfully taken custody of minor
grandjury
-has 12 people -and need 9 people to agree on indictment
when a person is arrested
-he has been placed under restraint or taken into custody -arrest anytime anyplace
facts & circumstances to establish PROBABLE CAUSE
-high crime rate -furtive act -abnormal demeanor -evidence i.e. *clothing possession of tools of the crime possession of contraband
underlying societal strains that give rise to gangs
-high unemployment -lack of primary groups for bonding -atmosphere of discrimination/abuse/criticism -community seen as uncaring -youth's lack of self control development and respect for self and others -environment that uses intimidation and aggression to solve problems -illegal activity is profitable
law enforcement officers may pursue a felony offender across state lines if they are in what?
-hot pursuit -felony
Adverse consequences of INSENSITIVITY
-hurt feelings -anger -loss of personal and professional respect -ineffective performance -behavior
trigger events include
-identification of assault -sensing something similar -anniversaries of event -the proximity of holidays -hearing, trials, appeals or other critical phases of the criminal justice proceeding
before enforcing force what steps need to be taken?
-identify yourself "i am officer Leija from brazoria county" -and the purpose of being there
(cont. of Self-Defense) Was committing or attempting to commit
-if actor believes that the other was person was attempting to commit aggravating kidnapping, murder, sexual assault, aggravated sexual assault, robbery etc. (can use force/deadly)
problem situations
-if needed, request the assistance of another officer to deal with uncooperative prisoner -maintain control over emotions and prejudices -control reactions to prisoners you find objectionable -avoid making offensive and abusive remarks to the prisoner
taking emergency possession without a court order
-immediate danger to the physical health or safety of the child; -information furnished by another -child has been the victim of sexual abuse or of trafficking -person who has possession of the child is currently using a controlled substance
Necessity - PC9.22
-immediately necessary AND -a legislative purpose to exclude the justification claimed for the conduct does not otherwise plainly appear. conduct does not otherwise plainly appear. may be justified if the actor reasonably believes it is necessary to avoid imminent harm, and if the desirability and necessity of avoiding harm can reasonably be said to outweigh the harm that will be prevented. Also, conduct may be justified if there is no clear reason to exclude its justification.
Law enforcement role in arrest
-in physical arrest, the police role is essentially defensive. defensive- "serving to protect" "devoted to resisting or preventing aggression or attack" -officer needs a range of "decision-making"
FV terms: family
-individuals related by consanguinity (blood relatives) or affinity (relatives by marriage)n -former spouses -individuals who are parents of the same child -foster child and foster parent
Principal Considerations:
-ineffective control results when the level of force is less than the subject's level of resistance. -excessive control results when the level of force is unreasonably greater than the subject's level of resistance potentially causing preventable injury.
methods of drug abuse
-injection -inhalation -ingestion
Reason for search
-inmate search -eliminate suicide risk -security of facility -suicide screening -prisoners personal property -officer safety
what is a Writ of Habeas Corpus
-is a court order commanding someone with a person in custody to produce that person before the court and show why the person is being held. -latin "you have the body"
characteristics of a sentence
-is a group of words that express a complete thought -sentence typically contains both a subject and a predicate, begins with a capital letter & ends with a punctuation mark -sentence should be SHORT, SIMPLE & CONCISE
adjective
-is a word that typically describes or modifies the meaning of a noun. -serve to point out a quantity of extent ex. "a brave officer," "a new car."
Issues found in the 1st amendment
-is it the right of one to domestic tranquility more or less important than the rights of another to freedom of assembly? -since the 1st amendment is "moldable to society, it will evolve to meet society's needs. (i.e. freedom of religion) we can all practice whatever we want but society has buckled to atheism and aclu, where religious icons are being removed from public place.
who are magistrates?
-justices of supreme court, judges of the court of criminal appeals, justices of the courts of appeals, judges of the district court,
verbal persuasion
-listen -empathize and -ask are helpful tools in redirecting someone's behavior using
What is the primary function of a Writ of Habeas Corpus
-literally to produce the body - bring the body to court -to release from unlawful punishment
Common Characteristics of FV offenders
-majority of FV is male on female -may be extreme jealous -feels very poorly about himself -low self-esteem -witnessed or been the victim of FV -male is the ruler/head of the house -blames others for actions -act diff in public than at home -hateful and ugly to everyone
female search (except in case of emergency)
-male officer searches male prisoner -female officer searches female prisoner and -out of view of opposite sex
trigger events
-many victims may continue to re-experience crisis reactions over long periods of time. -crisis reaction response to ______ _______ remind victim of trauma
Premissible Conduct
-may park or stand -exceed a maximum speed limit -proceed past a red or stop signal or stop sign, after slowing as necessary for safe operation. -disregard a regulation governing the direction of movement or turning in specified direction
Alter
-minimizing the physiological response of the body to a stressor -remove stress by changing something -time management -problem solving -planning -direct communiction
three phases of gang involvement
-minor mischief -seeking identity drive-by shootings, drugs, and killings
7 years - felonies
-misapplication of fiduciary property or property of a financial institution -securing execution of document by deception -a felony violation under chapter 162. tax code; -false statement to obtain property or credit -money laundering -credit card or debit card abuse -fraudulent use or possession of identifying information -exploitation of a child, elderly individual, disabled individual -medicaid fraud -bigamy with an adult victim
release on bond of certain persons arrested without a warrant
-misd: must be release on bond in an amount no more than $5000 no later than 24 hours - felony: must be release on bond in an amount no more than $10,000 no later than 48 hours. -if offender is unable to pay for bond the person must be released on personal bond (a promise to pay)
psychotically disorders encountered by police officers
-mood disorders: ie. bipolar & depression -schizophrenia -hallucination - psychosis -delusional -paranoid
moral considerations and forces affecting an officers decision to use deadly force.
-moral considerations include STATUTORY and CASE LAW and whether DEADLY FORCE, JUSTIFIABLE, under the circumstances presented, may be avoided without risk of injury or death to the officer or others. -Administrative or departmental policy should be at least as restrictive as the law.
No limitations
-murder or manslaughter -sexual assault or aggravated sexual assault of a chid -sexual assault *if during investigation of offense biological matter is collected and DNA testing results show that the matter does NOT the victim or any other person whose identity is readily ascertained *or probable cause exist to believe that the defendant has committed the same or a similar sexual offense against five or more victims -continuous sexual abuse of young children -indecency with a child -an offense involving leaving the scene of an accident if the accident resulted in the death of a person -trafficking of persons with a child victim for sexual reasons -continuos trafficking of persons -compelling prostitution with a child victim.
wht is req. on a warrant?
-must specify the name of the person whose arrest is ordered -must state that the person is accused of some offense -must be signed by the magistrate
Maryland v. Shatzer
-must take a 14 day break after exercising Miranda custody -invoke their right -when they change their minds
six major categories of Controlled Substances
-narcotics -depressants -stimulants -hallucinogens -marihuana -simulates controlled substances
Factors affecting youth encounters with police
-need for independence -rebellion against authority -peer pressure
Pre-stop indicators of reasonable suspicion of criminal activity?
-non consistant with traffic flow -driver is overly cautious and drive/passengers repeatedly look at police car -driver begins using a car or cell phone when signaled to stop -unusual pull-over behavior, ignores signals, hesitates, pulls onto new street, moves objects in car
inform public of guidelines for personal protection against identity crime:
-not give out personal info over phone or internet -limit the amount of personal info on checks -check credit histories and bank records frequently -keep detailed records of banking, check writing, cc use & ATM use -purchase a home shredder
what are the 5 steps for civilians to take when identity crime occurs to them:
-notify the police (make a report) -notify creditors and merchants -notify you banks and financial institutions -check your credit -check with the social security administration
Liability Applicable to Police Pursuits
-officer OWED injured party a DUTY not to engage in certain conduct -officer's actions VIOLATED that DUTY -officer's negligent CONDUCT was the PROXIMATE CAUSE of the collision -injured party suffered actual and provable DAMAGES
PLAINVIEW
-officer must be lawfully present to see what they see -must be immediately apparent to the officer that what they see is contraband or somehow connected with criminal activity
law enforcement role in arrest : force employed , combative
-officer's problems may grow out of the use of ----- -------- against a --------- but unarmed law violator when reasonable alternatives to use of force are not employed.
several reasons police officers sensitive
-officers work alone a -temptations provided by citizens -impression held by most people of the impartiality received with peace officers
District Courts
-original jurisdiction in civil actions over $200, divorce title to land, contested elections -original jurisdiction in FELONY criminal matters juvenile matters -13 district courts are designated criminal district courts; some others are directed to give preference to certain specialized areas. -felony -a more densely county(crowded)
personality disorders encountered by PO
-paranoid -antisocial -borderline
frisking
-pat down -to protect safety of officer -permitted anytime an officer is in contact with another person and can articulate reasons that he feared for his safety
substance abuse, patient medications
-patient will self-medicaid -a doctor can NOT evaluate someone while they are under the influence
significant uses of the police report
-permanent record of facts -coordination of follow-up -basis for prosecution and defense -performance evaluations of officer -statistical data (UCR) united crime report -reference material
Four typical reasons for ERRORS in reasoning
-person fails to observe and use all the relevant facts of a problem. -person fails to approach the problem in systemic step-by-step manner, making leaps in logic and jumping to conclusions with checking them. -person fails to spell out relationships fully -person is sloppy and inaccurate in collecting information and carrying out mental activities.
Three type of Abuse
-physical abuse -sexual abuse -emotional abuse
Victims may experience
-physical injuries -guilt about violence, the children -low system -like violence is justified -isolated and not trust anyone -dependent on abuser -powerless -blame self -in denial -passive personality -stressed -questioning their sanity
weapons found during a frisk can be seized and arrest made
-plain feel/touch -contraband found during a frisk in which it was immediately apparent (by touch or feel) can be admissible at trial -a reasonable amount of force may be used to frisk
Common stressors of Peace Officers - Stress internal to agency:
-policies that are offensive to officers -poor training and inadequate career development opportunities -lack of identity and recognition for good performance -poor economic benefits, working conditions, equipment -excessive paperwork -inconsistent discipline -perceived favoritism regarding promotions and assignments -explore myths such as "weak people are more susceptible to stress"
weight transfer
-positive - front wheels -negative - rear wheels -*NEUTRAL - leveled*
Miranda v Arizona
-prior to interrogation -Miranda Warnings
Force options
-professional presence - entering into a scene -verbal communications - words, language -weapon strategies- takedowns, come-alongs, etc. chemical/electrical means (taser) mace stun gun baton or impact weapon -deadly force
What is Ex Post Facto?
-prohibition from arresting today for previously committing a crime that was not illegal yesterday. -does not allow for increasing the punishment for a crime after it was committed. -does not allow for the rules of evidence in a case to be changed after the crime has been committed.
Contraband
-property used in commission of any 1st or 2nd degree felony (robbery, burglary, theft, and fraud) -proceeds gained from any of the above felonies or a crime of violence -drug offenses/drugs -transmission/transport -money laundering
Field Notes uses
-provides basis for report -reduces need to re-contact parties involved -provides greater accuracy relative to time, statements and events than memory alone.
Conduct indication a need for supervision
-punishable by fine only - CLASS C ex. -runaway -huffing -violating school rule /(education code)
taking into custody
-pursuant to an order of the juvenile court -pursuant to the laws of arrest; -a school district peace officer -by a probation officer -pursuant to a directive to apprehend (A) conduct that violates a penal law of this state or a penal ordinance of any political subdivision of this state; (B) delinquent conduct or conduct indicating a need for supervision; or (C) conduct that violates a condition of probation imposed by the juvenile court
recovery issues for survivors include
-re-establishing TRUST -re-establishing a FUTURE -re-establishing MEANING -re-establishing a new EQUILIBRIUM/LIFE
vehicle interior indicators of reasonable suspicion of criminal activity?
-rear seat or interior panels have been opened, there are tools or spare tires visible -inconsistent items (anti-theft club with a rental, unexpected luggage)
temp. detention
-reasonable suspicion -some indication to connect the person -some indication the suspicious activity -an officer may conduct an interview to determine what if anything is occurring -a person cannot be req. to identify himself
Avoid
-reducing or eliminating exposure to a stressor -avoiding or reducing exposure to biophysical stressors in the environment such as excessive noise and cigarettes -physic stress caused by feelings of overload and lack of control can be lessened by learning and applying effective time management techniques. ex: leaving early to avoid traffic of choosing a less busy route -saying no, walk away, setting boundaries
Disposition without referral to court
-referring child to services -parents and child to council can cases be disposed ? yes
Courts of Appeals
-regional jurisdiction -intermediate appeals from trial courts in thier respective courts of appeals districts -murder -life without parole
Release or delivery to court
-release the child to a parent, guardian, custodian -bring the child before the office or official -bring the child to a detention facility -bring the child to a secure detention facility -bring the child to a medical facility -if school is in session and the child is a student, bring the child to the school campus only time a child is taken to the adult jail is to get dwi collection of samples
active listening
-repeating - confirm what you have heard -re-wording to understand -reflection of feeling - be aware of other person's feelings -paraphrasing -minimal encouragers - use words to encourage communication and reinforce that you are listening
Positive Consequences of SENSITIVITY
-respect of community -respect from fellow professionals -support for democratic principals -self-respect
when conduct is Permissible
-responding to an emergency call -pursuing an actual or suspected violator of the law -responding to but not returning from a fire alarm
aggravated sexual assault
-seriously bodily injury -weapons -penetration
aggravated assault
-seriously bodily injury - deadly weapon
recovery from immediate trauma is often affected by
-severity of crisis reaction -ability to understand what happened -stability of victim/survivor equilibrium after -validation experience
20 Years from the 18th birthday of the victim
-sexual performance by a child -aggravated kidnapping if the defendant committed the offense with the intent to violate or abuse the victim sexual -burglary of a habitation and the defendant committed the offense with the intent to *commit sexual assault or aggravated sexual assault of a child *commit aggravated kidnapping with the intent to violate or abuse the victim sexually.
civil citation
-sherif and constable -anybody 18 and older all the above
The Range of the Crisis Reaction
-shock -depression -panic
what are some signs of a drug courier?
-signs of long term driving -driver is a young male 20-35 YOA -No visible luggage, even though driver is traveling. -driver is nervous -vehicle is rented -use of airfreshners
All people share certain common needs
-social needs -health -employment -shelter -food -positive self-image
who are not peace officers but have authority of arrest, search and seizure?
-special agents of the FBI -special agents of the Secret Service -special agents of the United States Immigration & customs enforcement -special agents of the Bureau of Alcohol, Tobacco, Firearms
three methods of braking
-stab and jab -heat and cool -*THRESHOLD*
Minds response phases
-stage 1: Shock, Disbelief, and Denial -stage 2: Cataclysm of emotions -stage 3: Reconstruction of equilibrium
CRITERIA for operating an emergency vehicle
-state law -department policy
Public Duty - PC 9.21
-states that conduct is justified if the person who performs it reasonably believes that it is authorized by law, by the judgement of a court, or is necessary for the execution of process. The use of deadly force, however, is not justified unless it occurs in the lawful course of war or is specifically req by statute. -An actor (officer) is justified in using force if he reasonably believes the force is required or authorized to assist a public servant in performing his official duty, even though the public servant exceeds his authority.
NOUN "force"
-strength or energy brought to bear, cause of motion or change, active power; moral or mental strength; capacity to persuade or convince. -violence, compulsion, or constraint exerted upon person or thing. -the quality of conveying impressions intensely in writing or speech.
what is vital to the victim for ID crime offense report?
-taking a written report is vital to the victim(s) because credit bureaus require a police report in order to block fraudulent info and to begin repairing the victim's credit report. -Some financial institutions require a police report with an affidavit of fraud.
Functions of Discrimination
-tends to reinforce prejudice concerning the group's alleged inferiority -discrimination by any group limits the other groups' effectiveness in business, education, political office, etc. -Affords an avenue to economic exploitation of the group being discriminated against
Cycle of abuse phases (Power and Control Wheel)
-tension building -violent episode -honeymoon
Observing
-the better an officer observes things, the better the officer can describe them. -all five senses (sight, hearing, touch, taste, and smell) are used in observation. -Since all of the senses must be sharp for peace officers to do their job, they should frequently practice using diff senses at various times to improve each of them.
physical abuse
-the most obvious -pulling -shoving -slapping -hitting -punching -pulling hair -cutting -stabbing -strangling -shooting -burning -kicking -disfiguring -spitting -torturing -throwing things -stomping -pitching etc.
6th amendment
-the right to a public trial -unbiased jury -right to cross examine -obtain a witness & require their presence -right to represent of an attorney -formal trial free for delay. -knowledge of accusation against him
Identify what a crime victim is entitled to
-the right to be treated with fairness and with respect for the victim's dignity and privacy throughout the criminal justice process; and -the right to be reasonably protected from the accused throughout the criminal justice process. -the right to notification of court proceedings; -the right to be present at all public court proceedings related to the offense, unless the victim is to testify and the court determines that the victim's testimony would be materially affected if the victim hears other testimony at the trial; -the right to confer with a representative of the prosecutor's office; -the right to restitution; and -the right to information about the conviction, sentence, imprisonment, and release of the accused.
Admissibility of a statement of a child
-the statement is made in writing -the statement is made orally -the statement was res gestae of the delinquent conduct
The Driving System
-the vehicle -the environment -the driver
10 years - felonies
-theft of any estate, real, personal or mixed, by an executor, administrator, guardian or trustee, with intent to defraud any creditor, heir, legatee, ward, distributee, beneficiary, or settler of a trust interested in such estate -theft by a public servant of government property over which he exercises control in his official capacity -forgery or the uttering, using or passing of forged instruments -injury to an elderly or disabled punishable as a felony of the 1st degree -sexual assault with and adult victim -arson -trafficking of persons forced labor *prostitution *sexual conduct with the trafficker *forced labor -compelling prostitution with and adult victim
5 years - Felonies
-theft or robbery -kidnapping or burglary w/an adult victim -injury to an elderly or disabled individual that is not punishable as a felony of the 1st degree -abandoning or endangering a child -insurance fraud
Perception of a message
-this means that approximately 93% of the time a message is received and interpreted based on how something is said rather than what is said. -improper listening is not paying attention to what is said; such as merely waiting for the opportunity to speak as soon as someone finishes talking.
VERB "force"
-to do violence to -to compel by physical, moral, or intellectual means -to make or cause through natural or logical necessity. -to achieve or win by the strength in struggle or violence. -an aggressive act to committed by any person which does not amount to assault, and is necessary to accomplish an obj -synonyms:compel, coerce, constrain, oblige.
duties of a peace officer
-to preserve the peace w/in the officers jurisdiction. to this effect, the officer shall use all lawful means -interfere w/out warrant to prevent or suppress crime. -execute all laws -give notice to some magistrate of all offenses committed withn officers jurisdiction -arrest offenders without warrant -every officer to take possession of a child
12.01 Felonies-3 years
-to prosecute for a felony you must indict them w/in 3 years of the date of the offense.
12.01 Misdemeanors - 2 years
-to prosecute for a misdemeanor you must either indict them or file by information within two years of the date of the offense. -A class C misdemeanor may also be filed by a complaint.
in regards to family violence, what are the duties of a peace officer/
-to protect any potential victim -enforce the law of this state -enforce a protective order from another jurisdiction -and make lawful arrests of violators
what is the purpose of the Knock & Announce
-to reduce the risk of violence inherit -to protect privacy -to prevent property damage
10 years from the 18th birthday of the victim
-trafficking of persons under section 20a.02 (5) or (6) penal code (5) traffics a child with the intent that time the trafficked child engage in forced labor or services (6) receives a benefit from participating in a venture that involves an activity described by subdivision (5) including by receiving labor or services the persons knows are forced labor or services -injury to a child -Bigamy under section 25.01 pc with a minor
characteristics of drug smuglers
-travel without luggage -luggage carried on back seat -nervous upon contact with officer
counter steer
-turning the steering wheel in the direction of the skid -critical point 20-25 degrees
(continued) Common Characteristics of FV offenders
-unable to deal with stress; may turn to drug/alcohol abuse -uses sex aggressively -does not believe his behavior should have negative consequences -may be angry and socially isolated -denies and minimizes the seriousness of violence -history of abuse either as a child -violence to get what he wants or solve problems -may be extremely moody/have severe mood swings
crime victim fill out identity crime incident forms:
-understand the type of incident that occurred -organize the investigative case -determine where evidence might be found -develop a theory of how the identity theft occurred and -determine what financial institutions should be contacted in the course of the investigation
FV terms: household
-unit composed of persons living together in the same dwelling > whether or not they are related or not
Rules of Pursuit
-use All emergency equipment -keep a SAFE DISTANCE from pursued vehicle -use THRESHOLD braking in an emergency -SCAN every intersection -PASS with safety -do not BLOCK THE ROAD with your vehicle -never pull ALONGSIDE the pursued vehicle -never DISCHARGE A FIREARM from a moving car or at -do not join in a "PARADE" of police vehicles -do no force a vehicle OFF THE ROAD or ram a vehicle
who is entitled to Rights of Crime Victims
-victim -guardian of the victim -close relative to victim/deceased
who can request and emergency protection order?
-victim of offense -guardian of the victim -peace officer -attorney representing the state
elements of communication
-voice-verbal personality (how it is said) "how something is said rather than what is said!" -non-verbals > raised eyebrows, posture etc. -BODY LANGUAGE > ACTION OVER WORDS
How a child can waive their rights?
-waiver is made by child and the child's attorney -child and attorney are informed and understand the consequences of waiving -waiver is voluntarily -waiver is made in writing or in court proceedings that are recorded
person has the right to ....
-walk away -or deny show of ID -or NOT answer questions
3 type of open end questions
-what -why -could
when to call OFF pursuit
-when the RISK is no longer worth it -when the INNOCENT PEOPLE are being exposed -when the speeds are getting BEYOND THE LIMIT of your vehicle -when WEATHER CONDITIONS hinder the effective use of your vehicle's abilities -when your EGO gets involved -if you suspect your vehicle has a MECHANICAL MALFUNCTION
Passive voice
-when the verb is in the active voice, the subject performs the action. -when the verb is in the passive voice, the subject receives the action. ex. Passive: the bystander was hit by a stray bullet Active: a stray bullet hit a bystander.
emotional abuse
-withholding affection -ignoring for long periods of time -verbal abuse: name calling -isolation: preventing contact with family -severing fam. ties -injuring or killing pets = criminally -destroying person possessions = may be criminally -belittling in front of family -constant monitoring
what levels of force can i use for search as well as justified?
0-deadly
assault P.C. 22.01
1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse; (2) threatens another with imminent bodily injury, including the person's spouse; or (3) causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.
Three Classifications of interactions between peace officers and person:
1. Consensual Encounters 2. Investigatory Stops/Detentions 3. Arrests
Four elements that have been used in courts to determine whether an arrest has occurred:
1. Intent 2. Authority 3. Actual Size 4. Understanding
A warrant issued in the name of the State of TX from a magistrate must have what?
1. It must specify the name of the person 2. what the person is accused of 3. must be signed by a magistrate
importance of CIT training
1. Officer training 2. how to deescalate a crisis intervention
4 requirements for warrantless arrest and search:
1. exigent circumstance 2. hot pursuit 3. imminent 4. consent (FRYE V. STATE)
Felony
1. five-99 years, life, not to exceed $10k 2. two-20 years, not to exceed $10k 3. two-10 years, not to exceed $10k State Jail Felony (SJF). 180 days, not to exceed $10k
REQ. of warrants
1. name 2. offense 3. signed by magistrate *police officer signature NOT required
what three types of narcotics
1. natural origin - available directly from the opium poppy. papaver somniferu L. 2. semi-synthetic - take a natural origin opiate and chemically alter the structure 3. synthetic - produced entirely within legal medical laboratories
court process in dealing with a Mental Health Patient
1. start the civil commitment process 2. have the patient sign involuntarily 3. or discharge the patient
Newton's laws - 3
1.- law of INERTIA 2.- law of ACCELERATION 3. law of REACTION
distance requirement for possessing alcoholic beverage near school grounds
1000 ft
Which amendment identifies with "powers not delegated to the United States"
10th amendment
county to county
11 days
consent to treatment BY child
16 years of age active duty (military) unmarried and pregnant teens
adults 1st offense of refusal
180 days of license suspended
eliminating distractions
1st sub-skill of arranging.
search / arrest
2 different but similar definitions of PROBABLE CAUSE, one for ______ and one for _______ because different types of info are req. to ESTABLISH probable cause in each instance
duration of Protective Order
2 years
what are the limits for protective orders?
2 years;
marihuana schedules
2000lbs + -agg. felony 1 10-99 years-life $100,000 50-2000lbs -felony 1 5-99 years-life $20,000 max 5-50lbs -felony 2 2-20years $10,000 max 1/4oz-5lbs -SJF probation less than 1/4 oz (w/remuneration) -class A 0-1 years $2,000 max less than 1/4 oz (w/no remuneration)\ -class B 0-180 days $1,000 max
notification to schools required
24 hours
how long does the one leg standing test has to hold up leg?
30 second
2-20 years
3grams of cocaine
Stegald v. US
3rd party (arrest warrant) exemption
how many clues in the one leg standing test
4
protective order: if violator is arrested they can only be held ____ hours after posted for bond
4
PG 1A - (delivery & manufacturing)
4000 abuse units + -agg. felony 1 15-99 years-life $250,000 80 abuse units - 4000 abuse units -felony 1 5-99 years-life $20,000 max 20 abuse units - 80 abuse units -felony 2 2-20years $10,000 max less than 20 abuse units -SJF probation
PG 2- (delivery & manufacturing)
400g + -agg. felony 1 10-99 years-life $100,000 4g-400g -felony 1 5-99 years - life $20,000max 1g-4g -felony 2 2-20 years $10,000 max less than 1g -SJF probation
PG 1 - (Delivery & Manufacturing)
400grams + -agg. felony 1 life in prison $250,000 200g-400g -agg. felony 1 life in prison $100,000 4g-200g -1st degree felony 1g-4g -2nd degree felony less than 1g -SJF
Tennessee v. Garner can be applied to which amendment
4th amendment
The right to seize or arrest a person can be found in which amendment
4th amendment
Which amendment protects persons and papers from unreasonable searches/seizures
4th amendment
Tennessee v. Garner
4th amendment seizure
for civilians how many steps to take if identity crime occurs:
5
Police Officer notifies entities for identity crime
5 out of the 9 -Federal Bureau of Investigation -U.S. Secret Service -U.S. Postal Service -Social Security Administration -Federal Trade Commission
how many americans will experience some sort of a mental disorder in their life time?
50%
Amendment where Double Jeopardy is found
5th amendment
Self-incrimination is found under which amendment
5th amendment
horizontal gaze nystagmus has how many clues
6 clues 4 to fail
Hallucinations
60% audio 20% visual Taste - individual believe they are being poisoned bc it does not taste right Smell - smells bad to them so they shut it down Touch - does not feel right, i.e. As if they feel something crawling in their skin
Right to confront witnesses is found in which amendment
6th amendment
Right to representation if indigent is found in which amendment
6th amendment
Which amendment covers the issue of innocence until proven guilty
6th amendment
how many people does there have to be to start a riot?
7
family violence can only be held ____ hours after posted for bond
72
what is best to way to defuse the situations
80% of crisis situations can be diffused through LISTENING
Excessive Bail can be found in which amendment
8th amendment
how many clues are in the walk and turn test?
9
governmental entities and business entities
9 of them
what is a warrant?
; is a written order from a a magistrate directing a peace officer to take the body of the person accused of an offense to be dealt with according to law
Articulating Sufficient Suspicious Facts
= PROBABLE CAUSE
What is a Writ of Attachment?
A Writ is a civil arrest warrant without criminal consequences
What is the difference between a Complaint and a petition?
A complaint is a criminal affidavit, and a Petition is a document file by the plaintiff with the clerk that outlines basis of a civil complaint (civil lawsuit) against a defendant seeking specific relief
Ferris vs. State
A office can use a traffic stop to investigate further crime if he can articulate suspicion
race/ethnicity .
A particular descent, including Caucasian, African, Hispanic, Asian, or Native American descent.
possession of prohibited weapon
A patrol officer goes to a suspicious call and finds a 19 year old in position of a switchblade/brass knuckles. what crime is that?
within view of a magistrate
A peace officer MAY arrest, without warrant, when a felony or breach of the peace has been committed in the presence or within the view of a magistrate, and such magistrate verbally orders the arrest of the offender.
within view of a magistrate
A peace officer may arrest, without warrant, when a felony or breach of the peace has been committed in the presence or within the view of a magistrate, and such magistrate verbally orders the arrest of the offender.
Requirements for seizing illicit beverages
A peace officer may seize without a warrant: (1) any illicit beverage, its container, and its packaging; (2) any vehicle, including an aircraft or watercraft, used to transport an illicit beverage; (3) any equipment designed for use in or used in manufacturing an illicit beverage; or (4) any material to be used in manufacturing an illicit beverage.
Arrest & Search - PC 9.51
A peace officer, are justified in using force when it is reasonably believed to be necessary to make an arrest, conduct a search, or to prevent escape. (1.) force is only justified when the actor reasonably believes the arrest or search is lawful, or that the warrant supporting the action is valid.
PC - 36.03 Coercion of Public Servant or Voter
A person commits an offense if by means of coercion he: influences or attempts to influence a voter not to vote or to vote in a particular manner.
kidnapping
A person commits an offense if he INTENTIONALLY or knowingly ABDUCTS another person. i.e. > moves them to another place with out their consent or guardian consent
criminally negligent P.C. 19.05
A person commits an offense if he causes the death of an individual by criminal negligence.
37.03 Aggravated Perjury
A person commits an offense if he commits perjury as defined in Section 37.02, and the false statement: is material
HINDERING PROCEEDINGS BY DISORDERLY CONDUCT.
A person commits an offense if he intentionally hinders an official proceeding by noise or violent or tumultuous behavior or disturbance.
unlawful restraint
A person commits an offense if he intentionally or knowingly RESTRAINS another person.
PC - 36.02 Bribery
A person commits an offense if he intentionally or knowingly offers, confers, or agrees to confer on another, or solicits, accepts, or agrees to accept from another
DISORDERLY CONDUCT
A person commits an offense if he intentionally or knowingly: (1) uses abusive, indecent, profane, or vulgar language in a public place, and the language by its very utterance tends to incite an immediate breach of the peace; i.e. a couple arguing in a restaurant
PC - 36.04 Improper Influence
A person commits an offense if he privately addresses a representation, entreaty, argument, or other communication to any public servant who exercises or will exercise official discretion in an adjudicatory proceeding with an intent to influence the outcome of the proceeding on the basis of considerations other than those authorized by law
manslaughter P.C. 19.04
A person commits an offense if he recklessly causes the death of an individual
murder P.C. 19.02
A person commits an offense if he: (1) intentionally or knowingly causes the death of an individual;
delivery or offer of delivery of dangerous drug
A person commits an offense if the person delivers or offers to deliver a dangerous drug: -SJF
PC - 36.06 Obstruction or Retaliation
A person commits an offense if the person intentionally or knowingly harms or threatens to harm another by an unlawful act in retaliation for or on account of the service or status of another
interference with public duties
A person commits an offense if the person with criminal negligence interrupts, disrupts, impedes, or otherwise interferes with: (1) a peace officer while the peace officer is performing a duty or exercising authority imposed or granted by law;
37.09 Tampering with of Fabricating Physical Evidence
A person commits an offense if, knowing that an investigation or official proceeding is pending or in progress alters, destroys, or conceals any record
DISPLAY OF HARMFUL MATERIAL TO MINOR
A person commits an offense if, knowing that the material is harmful: (1) and knowing the person is a minor, he sells, distributes, exhibits, or possesses for sale, distribution, or exhibition to a minor harmful material;
37.08 False Report to Peace Officer or Law Enforcement Employee
A person commits an offense if, with intent to deceive, he knowingly makes a false statement
false report
A person commits an offense if, with the intent to deceive, the person knowingly makes a report as provided in this chapter that is false. An offense under this subsection is a state jail felony unless it is shown on the trial of the offense that the person has previously been convicted under this section, in which case the offense is a felony of the third degree.
permit required
A person may not sell an abusable volatile chemical at retail unless the person or the person's employer holds, at the time of the sale, a volatile chemical sales permit for the location of the sale.
civil liability
A person who takes possession of a child without a court order is immune from _____ _________ if, at the time possession is taken, there is reasonable cause to believe there is an immediate danger to the physical health or safety of the child.
civil liability
A person who takes possession of a child without a court order is immune from civil liability if, at the time possession is taken, there is reasonable cause to believe there is an immediate danger to the physical health or safety of the child. GOOD FAITH
government vehicle
A provision of this subtitle applicable to an operator of a vehicle applies to the operator of a vehicle owned or operated by the United States, this state, or a political subdivision of this state, except as specifically provided otherwise by this subtitle for an authorized emergency vehicle.
PC - 36.07 Acceptance of Honorarium
A public servant commits an offense if the public servant solicits, accepts, or agrees to accept an honorarium in consideration for services that the public servant would not have been requested to provide but for the public servant's official position or duties.
PC - 36.08 Gifts to Public Servants
A public servant in an agency performing regulatory functions or conducting inspections or investigations commits an offense if he solicits, accepts, or agrees to accept any benefit from a person the public servant knows to be subject to regulation, inspection, or investigation by the public servant or his agency.
SHORT, SIMPLE & CONSISE
A sentence should be _____.
Distress
A stressor that is perceived as negative
Eustress
A stressor that is perceived as positive
Critical Incident Stress (CIS)
A traumatic event that causes a strong emotional reaction which has the potential to interfere with an individual's ability to function at the scene or later, often later.
the driver is pulled over for a minor traffic violation but are questioned about things that do not relate to the traffic violation
A typical traffic stop resulting from racial profiling includes:
warrant extended to every part of state
A warrant of arrest, issued by any county or district clerk, or by any magistrate (except mayors of an incorporated city or town), SHALL extend to any part of the State; and any peace officer to whom said warrant is directed, or into whose hands the same has been transferred, SHALL be authorized to execute the same in any county in this State.
Misd. - class
A. 1 year, not to exceed $4k B. 180 days, not to exceed $2k C. not to exceed $500.00
Uniform criminal extradition Act
ARREST WITHOUT A WARRANT. The arrest of a person may be lawfully made also by any peace officer or private person, without a warrant upon reasonable information that the accused stands charged in the courts of a State with a crime punishable by death or imprisonment for a term exceeding 1 YEAE, but when so arrested the accused must be taken before a judge or magistrate with all practicable speed and complaint must be made against him under oath setting forth the ground for the arrest as in the preceding section; and thereafter his answer shall be heard as if he had been arrested on a warrant.
Tennessee v. Garner (USE OF DEADLY FORCE)
Absent circumstances, such as exhibition of weapons or the commission of a violent felony suggesting that the suspect is likely to pose a threat of death or injury if not immediately apprehended, the 4th Amendment prohibits seizure of the suspect by the use of deadly force.
Police officers have a higher incidence of stress-related disorders than civilian population :
Alcoholism Divorce Suicide
Officers survival
Anaerobic training may not be needed by a civilian exercising to maintain health but is essential for an
stand alone, incorporated, and cardiovascular
Anaerobic training session can be a _____ _____ session or ____________ during and after a _______________ workout session.
Preventing the consequences of theft
Any person has a right to prevent the consequences of theft by seizing any personal property that has been stolen and bringing it, with the person suspected of committing the theft, if that person can be taken, before a magistrate for examination, or delivering the property and the person suspected of committing the theft to a peace officer for that purpose. To justify a seizure under this article, there must be REASONABLE GROUND to believe the property is stolen, and the seizure must be openly made and the proceedings had without delay.
When does an individual have the right to a trial by a jury?
Anytime. always.
magistrate's order for emergency protection
At a defendant's appearance before a magistrate after arrest for an offense involving family violence, the magistrate may issue an order for emergency protection: (1) the victim of the offense; (2) the guardian of the victim; (3) a peace officer; or (4) the attorney representing the state.
Carrol v. US
Automobile Exemption
blood alcohol Concentration
Bac is the # of grams of alcohol found in 100 ml. of the persons blood.
8th amendment
Bail - Punishment Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Baskin v. Smith (EXCESSIVE FORCE/HANDCUFFING)
Baskin witnessed an earlier arrest and 'critiqued' Officer Smith in front of a crowd. Smith allegedly walked over to Baskin's car and told him in "vulgar, profane words" either to get in his car, or he would be arrested. Alleged handcuffed in a manner causing pain, 45 minute wait. Summary Judgment not available, facts were in dispute. Arrest was without probable cause
fraud criminal simulation
Billy Boy is at a carnival and sees a signed Nolan Ryan baseball card. Billy Boy's dad buys the card for Billy Boy and realizes the signature is wet and blk ink appears on his fingers. what offense is this?
Force
Black's Law Dictionary Power, violence, or pressure directed against a person or thing.
Reasonable Force
Black's Law Dictionary force that is not excessive and that is appropriate for protecting oneself or one's property. Also termed LEGAL FORCE.
Penalty for selling to a minor
CLASS A fine up to $4000 jail up to 1 year
Penalty for possesion of alcoholic of alcoholic beverage on school grounds
CLASS C
a minor operating a motor vehicle with alcohol in system
CLASS C ZERO TOLERANCE
penalty for a minor purchasing alcohol
CLASS C punishable fine up to $500 alcohol awareness class 8-40hr community service 30-180 days loss of DL
2 global operating systems
COMMON & CIVIL
3 years / 21 years of age
CRIME VICTIM COMPENSATION- is a child application must be filled with in _ years and NOT after the child is __ years of age
Kinetic Energy
Cannot be destroyed
felonies
Capitol Felony 1st degree 2nd degree 3rd degree State Jail Felony
Common symptoms & Illness asscioated w/stress
Cognitive/Emotional - -alcoholism, -suicide, -abrupt change in typical behavior patterns, -rapid mood changes, -overly suspicious, -depression, -argumentative Physical - -digestive disorders, -headaches, -high blood pressure Social - -relationship problems, -divorce & -emotionally distancing
145
Complex motor skills begin to deteriorate and chamge in vision begin at heart rate over ___
Florida v. Royer
Consensual Encounters
Schneckloth v. Bustamonte
Consent Search
Wellness
Consists of a person's health/disease status and risk potential.
County - Level Courts
Constitutional County Courts (1 in each county) -original jurisdiction in civil actions between $200 - $10,000 -Probate (contested matters may be transferred to District Court)*family law -Exclusive original jurisdiction over misd. with fines greater than $500 or jail sentence -juvenile matters (murder) -all class A & B cases (more serious minor offenses) -appeals de Novo from lower courts or on the record from municipal courts of record Statutory County Courts -all civil, criminal, original, and appellate actions prescribed by law for constitutional county courts -in addition, jurisdiction over cilvil matters between $200-$200,000 (some courts may have higher maximum jurisdiction) *have to be lawyer cases Secondary Probate Courts -limited primarily to probate matters
Tires & Basic Vehicle Performance
Construction of the tire: -Bias ply :( -Radial :)
disadvantages
Cost of training and development Higher salaries or remuneration for job occupant
what are agencies are allowed to have Reserve Peace Officers?
County Sheriffs, Constables, Marshalls, and or Police of Incorporated cities, town, or villages, Municipal Police and DPS.
5th amendment
Criminal actions-provisions concerning-due process of law and just compensation clauses No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
There are appropriate reasons for unusual traffic stops but police work must stop short of what?
Cultural stereotyping & racism.
10 am to 9 pm
DELIVERY OF LIQUOR: any day unless it is on a prohibited day(holidays)
unguided imagery
Daydreaming without direction
Brothers v Klevenhagen (USE OF FORCE)
Deadly force may be used to prevent escape from jail without regard to whether the person is armed or dangerous. Penal Code 9.52
False belief not based on factional
Delusion
Situation depression
Depressed over a CERTAIN situation i.e. Loss of a family member, loss of job .
mood disorders
Depression and bipolar
what level of courts are Felony criminal cases heard?
District Courts
Alcohol impairs the ability to do what among tasks?
Divide attention
48 hours
EAD is good for
Exigent Circumstance
EMERGENCY
2:15 am to 12 noon
EXTENDED HOURS AREA: when it is an offense for consumption or possession of an alcoholic beverage; on Sunday
Law enforcement policy on racial profiling
Each law enforcement agency in this state shall adopt a detailed written policy on racial profiling. The policy must clearly define: -acts constituting racial profiling -strictly prohibit peace offices employed by the agency from engaging in racial profiling -implement a process by which an individual may file a complaint with the agency -require corrective action against a peace officer engaging in racial profiling -require collection of information concerning: race, if a search occurred, whether the peace officer knew the race of individual before detaining -require chief administrator to submit an annual report
Where do we get our roots from?
England/Europe
Moral duty and Obligation
Ethics involves the definition and achievements of what is good or bad, right or wrong, in relation to _____ ____ and __________.
Reckless Injury of innocent third person PC 9.05
Even though an actor is justified under this chapter in the threatening or using force or deadly force against another, if in doing so he also reckless injures or kills an innocent third person, he may still be prosecuted.
police itself
Every Profession must have the ability and the willingness to ______ ______.
personal values
Every aspect of human behavior is influenced by ________ ______.
Mapp v. Ohio
Exclusionary Rule
the big 3
Experian Trans Union Equifax
civilians can not notify ?
FBI
Examples of Physical Courage
Facing Barricade, armed suspect
Restraining order and protective order are the same thing?
False, Protective order is criminal and a restraining order is civil
state law: Penal Code 32.51
Fraudulent Use or Possession of Identifying Info. - theft under state statues are charged with (state jail felony)
Forgery = making, passing, or possessing
Freddy has three fabricated blank checks and is in line at the bank what offense is Freddy about to do ?
What are the two categories of Components of Fitness?
Functional & Health Related Fitness & Motor Fitness
fraudulent destruction concealment of writing
Gail switches price tags to pay less on a shirt at the store what offense has Gail done?
NO USE OF FORCE CASE
Garrity v. New Jersey Guthery v. Taylor
Beck v. Ohio
Good Faith (probable cause)
Psychotic features
Hallucinations - 5 senses
Passive listening
Hearing the other person but not necessarily attempt to understand
Fitness/Wellness
How we act, react, function, & perform during our everyday life has the greatest impact
Texas Law relating to the Mental Health Code
IF person meets the criteria, the Police Officer has the authority to take person into protective custody if the person is 1. harm to self 2. harm to others 3. not able to take care of self
abandoned property
INTENT of person who at one time possessed
federal law: 18 U.S.C > 1028
Identity Theft & Assumption Deterrence Act - theft under Federal Statues
MISINTERPRETATION
If a modifier word is misplaced, _____ by the reader often results
Hold self-Accountable
If officers fail to hold themselves accountable in the same way that suspects or offenders are, people will believe that the officers position and the criminal justice system as a whole unjust.
an example of PTSD
If the backfire reminds the officer of the gunfight and triggers some memories that may be an indication of healthy recovery with the same intensity, fear, and anxiety as when he or she was in the gunfight, this might indicate ____
ADVERB
If you were to read the statement, "this investigation is taking forever", the word forever would be most associated with which of the following?
MOTIVE
In the study of ethics it is critical to understand that the ______ is as important as the act.
Psychosis
Inappropriate or bizarre body dress
The purpose of Strength Training
Increase lean muscle and strength; enhance physical performance
What are the two stages of the One Leg Stand?
Instruction Stage and Balance and counting stage
What are the two stages of the Walk and Turn?
Instruction stage and Walking stage
Depression
Is a normal emotion
Critical Incident Stress (CIS)
Is incident specific. This is a heavy-duty stress that causes psychological and physical discomfort for 2 days to 1 month.
Courage
Is the state or quality of mind or spirit that enables one to face danger with self-possession, confidence, and resolution; bravery; valor,
what is bail?
It is the security given by the accused that he will appear and answer before the proper court
What is a Writ of sequestration?
It is where two parties claim ownership interest in property. commonigly known as a repossession Writ, served by Sheriff or Constable. Replevy is available for both plaintiff and defendant
Requisites of Complaint?
It must be signed by the affiant by writing his name or affixing his/her mark
resisting arrest
Jim is being arrested but instead pushes the officer off. the act of physically struggling against p.o. what offense has Jim made?
Burglary
John Doe is hungry so he sees this door wide open to a house. John goes in and eats the food and takes more food with him to go. what crime has John Doe committed?
Violation of Protective Order
John and Mary are in a middle of divorce. Mary has a protective order on John. Mary invtes john for dinner knowing of the protective order, John shows up with flowers and Mary calls the Police on John. what offense did John do?
U.S. v. Banks
Knock & Announce (reasonable time)
shall/TRUE
Law Enforcement _______ designate one person the liaison.
What are the 3 levels of active listening
Listening to words Listening to the whole message reflecting the whole message
between 10 & 12 noon
MIXED BEVERAGE PERMITEE: May sell on Sunday; requiring the service of food
7am - midnight
MIXED BEVERAGE PERMITTEE: May sell mixed beverages on any but Sunday
Debit card Abuse
Mary accidentally leaves wallet at the store. She gets alert on her phone of large debit transactions taking place that she had not done. what has happened to Mary?
interrogation / Miranda v.Arizona
Miranda warnings also requires peace officers to advise persons in custody prior to ____________ that they have the right to an attorney and that if they cant afford an attorney, one will be appointed to represent them
what is ethics?
Moral principles that govern a person's behavior or the conducting of an activity.
Alzheimers
Most common mental disorder for the elderly
aggravated sexual assault scenario
Mrs. Jones finds her 14 year old daughter's diary and learns her daughter is sexually active with her 17 year old boyfriend. What is the crime?
values , lack of them
Much current public and private concern centers on our own ______ or our ____ __ ____.
Physical Fitness requires:
Muscular strength, Muscular endurance, Cardiovascular endurance, Flexibility, Agility, Power, & Speed
System goals
Mutual respect and trust among criminal justice personnel is extremely important in achieving ______ _____.
Vehicle Reaction to Steering Inputs
NEUTRAL STEER -will cause the front and rear tires to follow the same radius around a curve
8th amendment
NO EXCESSIVE BAIL, FINE AND PUNISHMENT
non-statutory defense
NOT written in statue
STRESS
Natural reaction of the mind and body to a demand place on it - pleasant or unpleasant
is an officer liable for the theft of an item by a victim as they stand-by, while they gather personal property?
No
Can a peace officer make an arrest for a restraining order?
No, only for protective orders
Does criminal law define public and private acts by regulating conduct through injunctions and the award of money damages?
No, that is the definition of civil law. Criminal law seeks to regulate the conduct of individuals through threats of fines and imprisonment
psychosis
Not being in touch with reality
Cardiovascular Disease
Number one cause of death in law enforcement.
fingerprints or photographs for comparison in investigation
Officer has probably cause that child's fingerprints will match the other fingerprints> therefore authority for photo as well.
The illegal per se statute law makes it unlawful to do what?
Operate or be in actual control, of any vehicle, within this state, while having a blood alcohol concentration at or above the state's level> statutory prohibited
Articles of Confederation 1778
Our nation's 1st Constitution
PCP
Penalty group 1
LSD
Penalty group 1-A. ONLY controlled substance in PG 1A
Fight or Flight
Physiological changes are life saving, arousing the individual to prepare to fight or flee; therefore this response is often referred to as the FIGHT OR FLEE.
Minnesota v. Dickers
Plain Feel/Touch "plain field doct"
persons required to report and time to report
Police Officers are to report immediately professionals > i.e. doctors, nurses, have 48 hrs
Racial profiling prohibited - ccp 2.131
Police officer may not engage in "racial profiling"
Schizophrenia
Psychotic disorder characterized by changes in perception
Hearing voices, visual hallucinations, and feelings of paranoia
Psychotic episodes
39.02 Abuse of Official Capacity
Public servant commits an offense if, with intent to obtain a benefit or with intent to harm or defraud another, he intentionally or knowingly violates a law relating to the public servant's office or employment;
3rd amendment
Quartering of soldiers: No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.
a law enforcement-initiated action based on an individuals race, ethnicity, or national origin rather than on the individual's behavior or information identifying the individual as having engaged in criminal activity
Racial Profiling
Graham v. Connor (USE OF FORCE)
Reasonable - Graham being a diabetic was being mistakenly believed to be intoxicated instead was having an insulin reaction. G asked officers to check his wallet for his diabetic card. Officers refused and threw G headfirst into police car sustaining serious injuries resulting in his suit.
Wellness Pyramid is built
Regular exercise and proper nutrition make up the foundation
civil law
Regulates conduct through injunctions and the award of monetary damage
1st amendment
Religious and political freedom: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Law Enforcement CPS
Report made to the appropriate agencies:
2nd amendment
Right to bear arms: A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
6th amendment
Rights of the accused In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.
theft - class C
Robert goes up to the gas station clerk and ask for a pack of red marlboros and as soon as clerk lays em down on the counter; Robert takes em and hauls butt out the store. what offense has Robert done?
7am - midnight
SALE OF BEER; may sell on any day but Sunday
charge for delivery of dangerous drug
SJF
delivery to a minor
SJF A person commits an offense if the person knowingly delivers an abusable volatile chemical to a person who is younger than 18 years of age.
signs
SJF A business establishment that sells an abusable volatile chemical at retail shall display a conspicuous sign, in English and Spanish, that states the following: It is unlawful for a person to sell or deliver an abusable volatile chemical to a person under 18 years of age.
12:15 am to 7 am
STANDARD HOURS AREA: when it is an offense for consumption or possession of an alcoholic beverage; not on Sunday
1:15 am to 12 noon
STANDARD HOURS AREA: when it is an offense for consumption or possession of an alcoholic beverage; on Sunday
Hathaway v. Banzany (deadly force)
San Antonio PD Off Brazany advised of Mustang involved in gang activity. He located and approached car as its occupants were confronting another. He directed them to pull over. When they did, driver drove at him and struck him. He fired and killed the driver. Father of deceased. Officer Hathaway tried to be expert but could not legitimately give evidence regarding sequence of events. His 'expert' testimony was properly excluded and summary judgment/qualified immunity was appropriate
SARA model
Scanning Analysis Response Assessment
Arizona v. Gant
Search Incident to arrest
contemporaneous arrest
Search Incident to lawful Arrest
Fraire v. City of Arlington (use of force)
Self defense shooting Officer stood in roadway, DWI suspect drove at him Ruled self defense Officers can not put themselves in jeapordy
10am- midnight
Sell of beer on promise consumption (with service of food)
Characteristics of professionalism:
Service to others Continuing education and life long learning Professional associations to maintain standards. Assessment of client needs (the public
style of all writs and court process shall be in ......
State of Tx
What does the PBT law permit a police officer to request a driver suspected of DWI?
Submit to a roadside breath test prior to arrest
Which case law dealt with unreasonable seizure
Terry vs. Ohio > Rhodes v. State
Where can the crime victim's right to notification be found?
Texas Constitution>Article 1>Bill of Rights>Section 30 court proceedings
30
Texas Dept. of Criminal Justice by law has to notify a victim NO later than __ days, if the offender completes sentence, paroled, or escapes.
what is the highest court in texas for criminal court cases?
Texas court of Criminal Appeals
What is Texas?
Texas is a COMMON LAW
Drug Courier
The _________________________ profile is not enough to establish probable cause for a stop.
When an alleged civil actions wrong occurs, the civil action is not usually limited to just the individual officer but who else?
The agency or political sub-division that represents the commissioning authority of the officer
function of clearinghouse
The clearinghouse is a central repository of information on missing children, missing persons, and attempted child abductions. The clearinghouse shall: (1) establish a system of intrastate communication of information relating to missing children and missing persons; (2) provide a centralized file for the exchange of information on missing children, missing persons, and unidentified dead bodies within the state; (3) communicate with the national crime information center for the exchange of information on missing children and missing persons suspected of interstate travel; (4) collect, process, maintain, and disseminate accurate and complete information on missing children and missing persons; (5) provide a statewide toll-free telephone line for the reporting of missing children and missing persons and for receiving information on missing children and missing persons; (6) provide and disseminate to legal custodians, law enforcement agencies, and the Texas Education Agency information that explains how to prevent child abduction and what to do if a child becomes missing; and (7) receive and maintain information on attempted child abductions in this state.
Physical Fitness
The condition of the body that enables an individual to use his/her body in activities without undue experience of fatigue and exhaustion.
personal behavior
The ethical role is performed by being objective and ethical in ________ ________.
Civil remedies unaffected - PC 9.06
The fact that conduct is justified under this chapter does NOT abolish or impair any remedy for the conduct that is available in a civil suit.
Restraint
The kind of control where one person exercises over another. not to confine him within certain limits, but to subject him to the general authority and power of the person claiming such right. -control of another -confined within certain limits
distrust and anger towards law enforcement by minorities and the public as a whole.
The minor benefits of racial profiling would be far outweighed by
An officer may use "what" to enforce the terms of a child custody specified in a in an order?
The peace officer may use reasonable efforts not force
10th Amendment
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
Attachment
The seizure of persons or property so that they will come under the custody and control of the court
Depression
The single most factor in common suicidal behavior is
IDENTIFICATION, NARRATIVE, AND ELEMENTS OF OFFENSE
The three basic kinds of information necessary in police reports are _____.
SENTENCE FRAGMENT they are; subject predicate and punctuation mark
There are 4 listed categories that helps identify the process in writing complete sentences. Which of the following is not listed as one of those categories?
USC 241
They shall be fined $10,000 or imprisoned not more than 10 years, or both; and if death results, they shall be imprisonment of any terms of years to life.
USC 242
They shall be fined not more than $1,000 or imprisoned not more than one year or both.
7th amendment
Trial by jury in civil cases In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.
active listening
Trying to understand what other person is saying
____________ is like to result in compensating behavior
Uncertainty
custody - PC 38.01 (1)
Under arrest by a peace officer or under restraint by a public servant pursuant to an order of a court of this state or another state of the United States
4th amendment
Unreasonable search & seizures: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Central Nervous System, Sympathetic Nervous System, Parasympathetic Nervous System
What are the three parts of the Nervous systems?
Epilepsy, senility, alcoholism, mental deficiency
What is not a mental illness?
Wellness Pyramid
What is the concept of the wellness lifestyle in visualized terms?
15%
What percent of people w/schizophrenia die of suicide
Get as much help as you can
When confronting someone on PCP you should do what
Prior to person reaching the age of 18
When does Mental Retardation occur?
CATGORICAL
When information in a report is arranged by category, it is a _____ report.
Be patient, calm, and detached. This helps to prevent agitation in the questioning process.
When interviewing a patient with Autism what should an officer do?
ex-parte
When one side appears in court and gives evidence. An order issued by a family court to prohibit a defendant from certain acts. Not criminally enforceable until actually served.
when a felony has been committed
Where it is shown by satisfactory proof to a peace officer, upon the representation of a credible person, that a felony has been committed, and that the offender is about to escape, so that there is no time to procure a warrant, such peace officer MAY, without warrant, PURSUE and arrest the accused.
When a felony has been committed
Where it is shown by satisfactory proof to a peace officer, upon the representation of a credible person, that a felony has been committed, and that the offender is about to escape, so that there is no time to procure a warrant, such peace officer may, without warrant, pursue and arrest the accused.
mental retardation and autism
Which 2 common development that officers deal with
Bipolar & depression
Which are the 2 most common mood disorders?
Lack of verbal limitations
Which of the following is NOT listed as social behavior in mental retardation
May repeat what is said
Which of the following list a common for a person with mental retardation?
Assault - class C (scenario)
Willie pushes John, John calls the police on Willie. John files charges with no bodily injury on Willie what type of crime is this?
COMPLETE THOUGHTS
Written communications must state _____ to ensure that the reader understands the author's meaning.
Warrant of arrest
Written order from a magistrate directed to a peace officer or some other person named commanding him to take the body of the person accused of a offense to be dealt with according to the law.
Can acts by police officers be sued in civil courts?
Yes, the potential for civil liability in any action a peace officer takes has greatly increased in many years
HEAD TO TOE
You describe suspects and victims from _____.
POLICE OFFICER
Your written communication will be one factor used to evaluate your competence as
additional charges
_________ _______ may be filled if contraband is found in booking procedures
criminal
___________ law is based on beyond a reasonable doubt
civil
___________ law is based on preponderance of the evidence
defense
a " " to prosecution for an offense
professional
a ____________l is one who is "engaged in one of the learned or skilled professions or in a calling considered socially superior to a trade or handcraft.
act
a bodily movement, whether voluntary or involuntary & includes speech
longer than 6 hours
a child can not be detained longer than
Photograph and fingerprint of children
a child may not be photographed or fingerprinted without the consent of the juvenile court unless the child is taken into custody or referred to the juvenile court for conduct that constitutes a felony -CLASS B and above
sight & sound
a child that is locked up in a building shall be ""& "" separated
Okonkwo v. Fernandez: PROTECTION-LIABILITY/DMAGE
a defendant official must affirmatively plead the defense of QUALIFIED IMMUNITY
mere suspicion
a hunch or the feeling of intuition
false
a landlord can remove a person from property that is NOT on the lease
clinical depression
a mental illness of depression
bipolar disorder
a mood disorder characterized by alternating periods of depression and mania (manic depression)
security alert
a notice placed on a consumer file that ALERTS a recipient of a consumer report involving that consumer file that the consumer's identity may have been used without consent to fraudulently obtain goods or services in the consumer's name. (alerts right away_
security freeze
a notice placed on a consumer file that prohibits a consumer reporting agency from releasing a consumer report relating to the extension of credit involving that consumer file without the express authorization of the consumer. (from opening accounts)
PC - 36.05 Tampering with Witness
a person commits an offense if, with intent to influence the witness, he offers, confers, or agrees to confer any benefit on a witness or prospective witness in an official proceeding, or he coerces a witness or a prospective witness in an official proceeding:
required of culpability
a person does not commit an offense unless he Intentionally, Knowingly, Recklessly or w/Criminal Negligence in conduct as the def. of an offense req.
Defense of third person- PC 9.33
a person may use force or deadly force against another person to protect a third person if he reasonably believes that this intervention is immediately necessary to protect that person from unlawful force/deadly.
Minor
a person under 21
what is considered an arrest?
a person when he has been placed under restraints or taken into custody
flashbacks
a person who has used hallucinogens is subject to _________ which are fragmentary recurrences of psychedelic effects
Permittee
a person who is the holder of a permit provided for in this code or an agent, servant, or employee of that person.
victim
a person who is victim of the offense
actor
a person whose criminal responsibility is in issue in a criminal action
10xs
a police officer is __ times more likely to have a collision that the average citizen
53
a study of officers revealed that __% came to work with a hangover
drug
a substance other than a device or a component, part, or accessory of a device that is: a) recognized as a drug in the official US Pharmacopoeia b) intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or animals; c)intended to affect the structure of function of the body of man or animals but is not food; or d)intended for use a component of a substance describe by paragraph (a), (b), or (c)
coercion
a threat commit an offense, to inflict a bodily in the future, accuse a person of any offense
Culture
a way of thinking and acting based on tradition ie. learned behavior passed down from one generation to another
bookstores
a wide variety of sources, including __________ and internet retailers, provide publications that give criminals step-by-step instructions on techniques for producing false documents.
Bargaining Phase
a wish that the event had never taken place. ex. an officer wishes he could "take back the bullet"
Capias
a writ similar to an arrest warrant; a judicial writ commanding a peace officer to take a person into custody to answer specific charges.
12.03 AGGRAVATED OFFENSES, ATTEMPT, CONSPIRACY, SOLICITATION, ORGANIZED CRIMINAL ACTIVITY.
a) The limitation period for criminal attempt is the same as that of the offense attempted. (b) The limitation period for criminal conspiracy or organized criminal activity is the same as that of the most serious offense that is the object of the conspiracy or the organized criminal activity. (c) The limitation period for criminal solicitation is the same as that of the felony solicited. (d) Except as otherwise provided by this chapter, any offense that bears the title "aggravated" shall carry the same limitation period as the primary crime.
methods of civil process
a) in person to the defendant b) by mail c) by alternative service d) publication
possession of dangerous drug
a) person commits an offense if the person possesses a dangerous drug unless the person obtains the drug from a pharmacist b) a person commits an offense if the person possesses a dangerous drug for the purpose of selling the drug. -class A
reality
abstinence is not a sign that someone is free of alcoholism
criminal attempt
act amounting to more than mere but fails
family violence term: Dating Violence
act by an individual that is against another individual with whom that person has had a dating relationship and that is intend to result in physical harm, sex assault. Does not include defensive measures to protect itself.
obstruction or retaliation
actor intentionally or knowingly harms or threatens to harm another by unlawful act 1.in retaliation or on act of service or status as public servant, witness informant, or person who has or intends to report a crime i.e. > bill wants to harm jane for going to police on him
possession
actual care; custody, control or management
who may file
adult member of the fam. or household -adult member of the dating relationship -any adult that protects a child from FV -prosecuting attorney -DPRS - (CPS)
sec. 8.01. Insanity
affirmative defense, the lowest level> POE
who has right to bail?
all prisoners have right to bail unless for capital offenses when proof is evident.
what amount of force can be utilized during an arrest?
all reasonable means are permitted to be used to effect it.
month/30 days
all the PTSD symptoms last longer than a
what are some methods of civil process
all the above
Pennsylvania vs. Mimms
allows an officer to order the DRIVER OUT of a vehicle following a lawful traffic stop.
vehicle in motion
am i going to stop vehicle/observe vehicle in motion
conduct
an act or omission and its accompanying mental state
as in custody
an arrest warrant CAN be DONE as SOON __ __ _______
presumption
an assumption of illegal consequence (ex. item is presumed to be stolen)
reaction, key to stress management
an event may not always be avoidable but we can control our ________ to the event, a ___ __ ______ __________.
Regularity and Recovery
an exercise program should be regular and provide time for recovery.
balance
an exercise program should have ____________ so opposing muscles are worked.
person
an individual corporation or association
what is an inquest?
an investigation into the cause and circumstances of the death of a person and a determination made with or without a formal court hearing as to whether the death was caused by an unlawful act or omission. (questioning as to why and when)
Crime Triangle
an officer can help understand and visualize crime problems.
knife
any bladed instrument that is capable of killing
true
any evidence found AFTER arrest or DURING search will NOT admissible to prove probable cause
All consider Contraband
any felony
TORT
any one of various, legally recognized, private injuries or wrongs. A civil action. (Cochran's Law Lexicon, Fifth Edition)
public place
any place to which the public or a substantial group of the public has access and includes but is not limited to
a person can be arrested at what time of the day?
any time, any place
official proceeding
any type of administrative court, school board meeting etc...
Educator student - PC 9.62
any use of force short of deadly force is justified by educators to the extent necessary to promote discipline in a school group.
harm
anything reasonably regarded as loss, disadvantage, or injury including " " to another.
what level of force can i use to defend 3rd party?
anything they are using against me ex.their hands or guns
3 learned professions of divinity, law, and medicine :
applied specifically to the 3 learned professions of divinity, law and medicine; also the military profession.
Field Notes
are brief notations concerning specific events and circumstances that are recorded whole fresh in the officers mind and used to prepare a report.
unsaturated fats
are liquid and mostly come from vegetable sources
saturated fats
are solid and mostly come from animal sources
ex-parte
are valid for only 20 days, but may be extended for 20 more days; untill served.
chronological
arrangement of information in order of occurrence
Emotions, Attitudes, Prejudices
arrest can be both an emotional and physical problem for officer and arrestee.
false
arrest warrant has to be attested(signed) by police officer True or False
norms
as we learn about other cultures and people who are different from us, we learn to judge them relative to the " " of our own cultural group.
offensive or provocative
assault can be
location on absolute chemical signs
at each location (every location)
what are some things that can lead to conflict?
attitude & prejudice
Knowingly
aware of conduct or reasonably to cause result
recklessly
aware of substantial and unjustified risk
LDL cholesterol
bad cholesterol
procedures to booking
before shake down - have prisoner FACING AWAY from you
Liability is responsibility for "what
being responsible for actual damages, punitive damages, or possible losses
Radial
better ride; they absorb the vibration impact between the tires and roadway.
class A - F3
bodily injury
serious bodily injury
bodily injury that create a substantial risk of death or that causes death.
use of device to protect property
boobitraps > device is not used to cause or known by the actor to create a substantial risk of causing death or serious bodily injury ex: rattlesnakes hanging at doorway entrance
Central Nervous Systems
brain & spinal cord - the command center
Adapt/Accept
building resistance by nurturing a balance to give a broad base support -psychological: nurture the mind and the emotions, take time away from work, focus on hobbies and outside interest, gain knowledge in a variety areas not just the job -physical exercise "plays out" the fight or flight response to stress allowing the body and mind to return to equilibrium faster.
waste
by focusing on race, you would not only be harassing innocent citizens, but overlooking criminals of all races and backgrounds it is a ___________ of law enforcement resources
barriers
by providing privacy, comfortable setting & eliminating " " MAY all facilitate your efforts and success
to connect and to deescalate the problem
by using the persons NAME it helps us
if an officer comes across a meth lab, what is the officer supposed to do?
call their team
yes
can a physician examine child at any time or any place without the consent of the parents?
persons
can be suspects, victims, & witness
attractors
can enhance you work environment in order to manage more effectively -adding " " i.e. have them sit in a lazy chair or couch
Maryland v Wilson
can order (PASSANGER OUT) of a car
true
can you provide a pseudonym for the offense ?
Courts with appellate jurisdiction can hear what cases?
cases that have been appealed from the lower court cases
Stereotype
categorize people and make judgements about them rather than evaluate them based on their individual character.
CNS
central nervous system
Status Offender
child accused of crime because of age. -runaway from home -fineable only offense -violation of standards of student conduct -violation of a juvenile curfew ordinance or order Only class C offenses
Non-Offender
child has been taken into custody and is being held solely for deportation out of the United States.
missing child
child whose whereabouts are unknown
choose sensibly
chose a diet that is low in saturated fat and cholestorol choose moderate in sugar intake choose and prepare food with less salt eat smaller and easily digested meals
Sunday
citation can be served EXCEPT on
misdemeanors
class A class B class C
possession and use
class B (a) A person commits an offense if the person inhales, ingests, applies, uses, or possesses an abusable volatile chemical with intent to inhale, ingest, apply, or use the chemical in a manner: (1) contrary to directions for use, cautions, or warnings appearing on a label of a container of the chemical; and (2) designed to: (A) affect the person's central nervous system; (B) create or induce a condition of intoxication, hallucination, or elation; or (C) change, distort, or disturb the person's eyesight, thinking process, balance, or coordination.
gambling is a
class C
dwi
class b - minimum of 3 days in jail
first offender program
class c only
Culpable mental states
classified according to relative degrees from highest to lowest
first & last
co-workers are often the _____ to see a problem but the ____ to intervene.
most potent CNS stimulant
cocaine
words are no longer working: when a person seriously threatens bodily harm ___________
compromised
Intentionally
conscious object
crime triangle
consist of CRIME/OFFENDER, LOCATION/PLACE, & VICTIM
over steer
corrected by counter steering and releasing the brake or accelerator
under steer
correcting by reducing the amt of steering input or reducing speed
who must sign a State-wide warrant?
county or district clerk
you are convicted for murder, what court do you appeal your case?
court of appeals, unless you are sentenced to death(capital murder) then will go to court of criminal appeals
Sympathetic Nervous Systems
creates biochemical changes to the mind and body to prepare to respond to threat (fight or flee) ex. like pushing the accelerator of a car
Post Traumatic Stress Disorder (PTSD)
creates major & long lasting disruptive changes in person's life. This stress prolongs past 1 month and may need professional help.
Financial identifiers
credit card #, bank account # personal identification # ("PINs"), insurance account #, etc.
only for the person
crime victims IS
false/civil law
criminal law defines the award of injunction
culpability
criminal mental state of mind
What type of cases does the U.S. Supreme Court hear
criminal/civil
communicate
dealing w/public P.O. should be willing to communicate
39.04 Violation of Civil Rights of Person in Custody; Improper Sexual Activity with Person in Custody
denies or impedes a person in custody in the exercise or enjoyment of any right, privilege, or immunity knowing his conduct is unlawful
typical procedures tht are followed after and officer-involved shooting
departmental policy: EACH department has its OWN PROCEDURES for investigating OFFICER-INVOLVED SHOOTINGS.
narrative
description of the offense or incident
who can administer an oath for a complaint?
district and county attorneys
30 days
district attorney must begin proceedings within
personal in contact
do i want to get him out/observe and interview the driver face to face
peace officers must communicate under uniquely stressful conditions
do not take things personally!
false
do we import unnecessary info in report
Professionals have 48 hours
doctors, nurses, teachers
Bench warrant
document to get someone out of jail to testify
Duty of Care
does NOT relive the operator of an authorized emergency vehicle from: -to operate the vehicle with all the appropriate regard for safety of all persons -the consequences of reckless disregard of the safety for others
Substance abuse in itself although
does not cause the violence it may intensify the frequency and severity of FV
true
driver must submit breath test?
observant
drug interdiction incident to routine patrol by being _______
entire state
due to Tx' location, the _______ ________ is subject to high intensity drug activity
failure to identification
during routine bar inspection you arrest a civilian for public intoxication but he gives a false name. what offense is that?
public roads
dwi has to be in ______ _____ in order for it to be dwi
district attorney
each agency with Victim Assistance Coordinator is appointed by
internal affairs investigations
each department has its OWN POLICY AND PROCEDURES concerning internal affairs investigations. Garrity vs. New Jersey
who is the conservator of peace?
each sheriff shall be a conservator of the peace in his county and shall arrest all offender
objective of using control is to
elicit cooperation from the violator
arranging
eliminating from the environment anything that might distract you or the person whom you are supervising or with whom you are interacting.
duty of Crime Victim Liaison
ensure victim are afforded rights -victim -guardian of the victim -close relative to the victime
Physical Fitness
equates to performance and to readiness
if i am out doing a search and i ask a citizen for help, what authority does the citizen have?
every authority i have as a police officer
FALSE
every victim may need counseling for healing
true
every victim needs to go through the stages of healing
temporary ex-parte protective orders are criminally enforceable
ex-parte:only 1 party is present is not criminally enforceable until when served and when it is served it becomes a protective order- also becomes criminally
search
examination or inspection of location, place and person
verb
express an act, occurrence, or mode of being. ex."the suspect ran from the officer" ex."the witness panicked once on the stand."
true
extraneous noises, uncomfortable chairs, and an uncomfortable room temp CAN deter one's attention & depletes one's energy so that more time is required for each task and errors.
criminal non-support
fails to provide support for the person's child
omission
failure to act
counterfeit substance
fake- bears trademark but not real
grand-jury can be sued civilly
false
landing stips
farm-to-market highways are used as _______ ________
dwi w/child
felony
what are the fine amounts for refusing to comply with a subpoena?
felony case- not to exceed $500 misd. case- not to exceed $100
arrest someone for DUI with child inside vehicle, what court is the case processed?
felony, district court
deadly weapon
firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious injury
protein is needed
for building components in the blood that carry oxygen and fight oxygen
when may an officer break down a door?
for the purpose of making an arrest if the actor refused admittance after giving notice of his authority and purpose
Element of offense
forbidden conduct FC required computability RC required result RR Negation of Exception NE
Brown v. Texas
foundation for a person Not being req. to show ID
preparing testimony
from the beginning at the time of dwi : -recognize significant evidence -compile complete, accurate field notes -prepare a complete accurate detailed report prior to trial: -review all paperwork & all other evidence -mentally organized elements , evidence and testimony -identify potential issues -discuss with prosecutor
female searches
general same as men except; -search brassiere -females wearing dresses must be raised to search undergarments
pamphlet
give victims a
HDL cholesterol
good cholesterol
Premises
grounds and all buildings, vehicles and appurtenances pertaining to the grounds including any adjacent premises if they are directly or indirectly under the control of the same person.
anxiety disorders
group of conditions marked by persistent, extreme or pathological anxiety may be manifested by disturbances in mood or emotions
Habitual Felony Conduct
habitual (over & over) conduct (behavior) -felony -2 prior felonies (basically 3rd felony)
obscene phone calls & obscene letters
harrassment
reasonable suspicion
has been defined by the court as Sufficient Articulable Facts and Circumstances > which would lead officer to conclude that criminal activity is AFOOT
Vehicle CONTROL
has to do with drivers ability
Vehicle DYNAMICS
has to do with physics
automobile exception
has two primary elements -readily mobile -probable cause to believe that the vehicle contains contraband or criminal evidence
citation and petition
have to be together
FV
have to have " " in order to get a protective order
37.02 Perjury
he makes a false statement under oath or swears to the truth of a false statement previously made and the statement is required or authorized by law to be made under oath
intoxication manslaughter
head on collision and other driver dies bc the actor was intoxicated
vent/talk
help a victim by allowing them
Quotation marks
help enclose direct quotation, but not indired quotations ex.carl yawned and said, "lets go."
verbal persuasion
helpful tool to redirect someone's behavior
aggravated robbery
henry is in need of $money$ goes to rob a lady with a pistol. The lady refuses and fights back but Henry is not backing down and ends up pistol whipping the lady what crime has Henry done?
Compensating Behavior take one of the following forms :
hesitation, verbal abuse, bluff, unnecessary force- some signs of Uncertainty.
temporary detention
holding a person for a limited time, but who has yet to be charged for a criminal offense
can not be charged
homosexual conduct / offenses are classified
all the above
how can a dwi be enhanced
up to 5-10 minutes
how long is the warm up?
6-8 ounces
how many glasses of water to consume each day?
48 hours
how many hours of recovery between sessions?
nearly 1,000,000
how many people commit suicide every year in the US?
1 every 14.2 minutes
how many people commit suicide per minute in the US?
2 or more
how many people to constitute conspiracy? -an agreement between " " or more persons to commit a crime at some time in the future.
3 or more
how many people to constitute organized crime ? i.e. street gangs
7 or more
how many people to start a riot?
3 phases
how many phases in victims Reaction to Crime
5
how many phases of traumatic transitions?
3
how many stages of Minds Response?
10 stolen items
how many stolen files are in the the TCIC/NCIC system?
half your plate
how much of your plate is fruits and vegetables?
give them plenty of space to establish trust
how should an officer approach a person with mental illness with no weapon
Individual
human being who is alive including an unborn child at every stage of gestation from fertilization until birth.
what are ways to take drugs?
human consumption
Community vs. Separate Property
identifying ownership problem
change of address form
identity thieves can complete a "______ __ ________ ____" to divert you mail to another location.
business record theft
identity thieves can get info from the workplace "________ ______ _____, " by stealing files out of offices where you are a customer.
capital murder
if a patriot kills a police officer
failure to report
if a person is required to make a report and knowingly fails to make a report "dont do it, conceals it!" > class A
what is a Subpoena Duce Tecum?
if a witness have in his possession any instrument of writing or other thing desired as evidence, the subpoena may specify such evidence and direct the witness bring the same with him and produce it in court.
weapon
if frisk is performed for officer safety you are looking for
reasonable effort
if non-custodial divorce relinquish they can use
immediate apparent of contraband
if officer after articulate suspicion "sees"
shall remove the order
if order from the court has been dismissed or vacated, the agency ...
Community Property
if owned by two or more
anywhere in state
if signed by a magistrate
only in the county
if signed by mayor
what is an temporary ex-parte order?
if the court finds that there is a clear and present danger of sexual assault or abuse, stalking, trafficking, or other harm to the applicant the court without further notice to the offender and without a hearing, may enter a temporary ex-parte order for the protection of the applicant. -not to exceed 20 days -if asked by applicant for extra 20 days on top of 1st 20 days
standing and sitting erect
if you are in a sensitive situation where you want to control the conditions you should " & ".
can NOT use evidence
if you do a search after arrest you
to loose control
if you use "harmless gestures" in a interview it can cause " " over the interview.
illegal per se
illegally inherited
ego
im not going to let this guy get away! everyone is watching, Ive got to make this look good.
what is sudafed to meth?
immediate precussor
keys for "use of force"
immediately necessary & reasonable
ideal condition
impartial enforcement of the law: is an " " toward which the law, the criminal justice system, and its personnel strive.
23 & 10
in 29 police departments throughout the US revealed that __% of the officers had serious alcohol problems & __% had serious drug problems
Fitness is the key to performance
in the law enforcement profession and is directly related to the ability to perform job functions
when can a minor possess alcohol
in visible presence of the minors adult parent, guardian, spouse or tabc enforced officer
more volatile
inappropriate traffic stops generate suspicion and antagonism towards officers and make future stops ______ __________ -a racially based stop today can throw suspicion on tomorrows legitimate stop
types of identity crimes
include identity mail theft, mail fraud, organized crime, money laundering, mortgage fraud, credit card/access device fraud ("skimming"), check fraud, bank fraud, false identification fraud, and passport/visa fraud,
FV terms: member of household
includes a person who previously lived in a household
effective consent
includes consent by a person legally authorized to act for the owner.
proceeds
includes income a person accused of the crime receives income from movies, book, magazines, article, tape, recording etc.
production
includes the manufacturing, planting, cultivating, growing, or harvesting of a control substance.
INCREASE, RECOVERY
injury rates ________ greatly if adequate ________ is not provided
immediately apparent
inside a suspect's clothing during a frisk, without 1st feeling a weapon, the officer must be able to articulate that it was ____________ __________ that the item she was contraband.
obstruction/retaliation
intentionally or knowingly harms or threatens to harm another by an unlawful act: -obstruction: prevents witness/informant (threaten) -retaliation: to retaliate (or cause bodily injury)
possessory or proprietary
interest in the place to be searched MAY give consent. ex. parent to a child spouses roommates landlord/tenant
you have to take ___________ course w/in _ years/anniversary
intermediate/2
nystagmus
involuntary jerking of eyes
community policing
is a POLICING philosophy that promotes and supports organizational strategies to address the causes and reduce the fear of crime and social disorder through problem-solving tactics and COMMUNITY-POLICE partnership i.e. reaching out &establishing relationship with the community
autism
is a developmental disorder/disability
Impartiality
is a fundamental requirement made of all peace officers
sentence fragments
is a group of words that is only a piece, or "fragment," of a complete sentence. ex."the mirror in the hall closet."
Attitude
is a mental position based on a person's knowledge, feelings, and experiences about someone or something influencing him/her to behave in a certain way in regard to that person or thing.
another
is a person other than the actor
Adverb
is a word or combination of words typically erving as a modifier of a verb, an adjective, another adverb, a preposition, a phrase, a clause, or a sentence, and ecpressing some relation of anner or quality, place time, degree, numer, cause, opposioting, sffirmation, or denial.
the placement of modifiers - MODIFIER
is a word or set of words that qualifies or limits another word or set of words.
Preposotion
is a word that combines with a noun, pronoun, or noun equivalent (as a phrase or clause) to form a phrase that usually acts as an adverb, adj., or noun. ex."she expected resistance on his part ex. "he sat down beside her"
Noun
is a word that is the name of something (as a person, animal, place, object, quality, concept or action.) ex. the officer received an assignment
Capias
is a writ Issued by a judge of the court having jurisdiction of a case after commitment or bail and before trial, or by a clerk at the direction of the judge and directed to any peace officer of the commanding the officer to arrest person accused of an offense and bring the person before the court
search warrant ccp def 18.01
is a written order, issued by a magistrate and directed to a peace officer, commanding him to search for any property or thing and to seize the same and bring it before such magistrate or commanding him to search for and photograph a child and to deliver to the magistrate any of the film exposed pursuant to the order.
What is an indictment?
is a written statement of a grand jury accusing a person
Pursuits- What are they?
is an attempt to stop a moving vehicle. when the driver of such vehicle is aware of the attempt and is resisting apprehension through speed and slow speed.
any trace of cocaine
is an automatic PG1
PTSD
is an individual that has experience outside of their .....
public intoxiaction
is an offense to the point you are a danger to others. i.e. an abusive crazy drunk at a bar
what is a commitment?
is an order signed by the proper magistrate directing a sheriff to receive and place in jail the person
Cutilage
is considered to be that area of OPEN space surrounding a dwelling.
Mental Retardation
is diagnosed with slow learning, abstract reasoning, lack of understanding
missing children and missing persons information clearinghouse
is established within the Department of Public Safety.
test question: yes
is insanity an affirmative defense?
verbal seizure
is not part of the four elements
stress
is not the event itself, but your reaction to an event.
the placement of modifiers - MISPLACED MODIFIER
is one that attaches itself to the wrong word or words in the sentence.
Chronic Stress
is prolonged unrelieved stress also called cumulative stress. Ex. a burnout when a person loses energy and interest bc of unrelieved stress.
Ethnocentrism
is the act of regarding one's culture as the "center of the universe" (hate groups)
Reasonable or Necessary Force
is the amount of lawful physical coercion sufficient to achieve a legitimate law enforcement obj and is objectively reasonable under the facts, circumstances and alternatives confronting an officer at the time action are taken.
Hypervigilance
is the elevated alertness of surroundings required of law enforcement officers for survival.
critical thinking
is the intellectual disciplined process of actively and skillfully conceptualizing, applying, analyzing, synthesizing, and/or evaluating info gathered from or generated by, observation, experience, reflection, reasoning or communication, as a guide to belief and action -considering everything you know and evaluating what conclusion you've come to
Identity Crime
is the theft or misuse of personal or financial identifiers in order to gain something of value and or facilitate other criminal activity.
object to Sequestration
is to allow parties to protect and preserve the property during the suit .
only water craft not arrested for
is tubbing on currents
what is a search warrant?
issued by a magistrate and directed by a peace officer, commanding him to search any property or thing and to seize the same and bring it before the magustrate
Justification as a defense PC 9.02
it is a defense to prosecution that the conduct in question is justified under this chapter
bad guy
it is common for n officer to feel like the " "
Guthery v. Taylor (NO FORCE CASE)- complaint/discipline
it is not a force case! -Signed complaint must be given to officers within a reasonable time or else disciplinary action may not be taken against him. Guthery damaged front door, he was suspended w/out pay he sued chief taylor.
true
it is up to the PO to determine the appropriate charge and articulate the reason for the charge
religious order - professionalism
its earliest meaning comes from those professing the vows of a religion order.
EPO
just criminally bc they are arrested
What type of cases does the Texas Supreme court hear
juvenile./civil
false report penalty
knowingly make false report it is SJF unless there has been a previous conviction which will enhance to 3rd degree felony
37.10 Tampering with Governmental Record
knowingly makes a false entry in, or false alteration of, a governmental record;
proactive
law enforcement agencies should be _________ in their approach to education the public about identity crime.
the police
law enforcement officer who has taken a child into custody
3 days
law enofrcement agency shall immediately, but no later than _ days after the date the order is received, enter the info into TCIC
72 hours
law required for dwi to be incarcerated for
violation of 4th amendment & good faith
left only in the discretion of the police
control paradox:
less physical, less authoritative, less confrontational; the officer will have more control and authority over the person
form
let the ____ guide you
Beyond Reasonable Death B.R.D
level of proof
Michigan v. Long
limited search of Passanger Compartment
things
look for all distinguishing marks- color, size, shape, texture, location and type.
search warrant
looking for property or thing
Protein
made of amino acids often called the "building blocks" of the body because its used for building, maintaining and repairing tissue
mexico
main place the drugs come from
half
make at least ____ your grains whole grains
90%
male on female
spoofing
many criminals who want to obtain personal data from people online use a technique known as "________": the creation of emails and website that appear to belong to legitimate businesses
Graham v State
may make occupants of a car wait a reasonable time while detained (paassenger is SEIZED) ordered to stay remain in car
what is subpoena and whta are they used for?
may summon one or more persons to appear -before court to testify agaisnt criminal -on a specified date -coroners inquest -have to be 18years old
Unable to deal with stress
may turn to drug/alcohol abuse
authority of peace officers 14.03
may/shall arrest -may is out of sight but by probable cause -shall is in sight
dangerous drug
means a device or a drug that is unsafe for self-medication A) "Caution: federal law prohibits dispensing without prescription" or "Rx only" or another legend that complies with federal law; or (B) "Caution: federal law restricts this drug to use by or on the order of a licensed veterinarian."
Child
means a person who is: (A) ten years of age or older and under 17 years of age; or (B) seventeen years of age or older and under 18 years of age who is alleged or found to have engaged in delinquent conduct or conduct indicating a need for supervision as a result of acts committed before becoming 17 years of age.
immediate precursor
means a substance the director finds to be any by rule designates as being : a) principal compound commonly used or produced primarily for use in the manufacture of a controlled substance. ex. sudafed
controlled substance
means a substance, including a drug, an adulterant, and a dilutant, listed in schedules I thru V or penalty groups 1, 1A, OR 2 thru 4, the term includes the aggregate weight of any mixture, solution, or other substance containing a controlled substance.
possession
means actual care, custody, control, or management
Alcoholic Beverage
means alcohol or any beverage containing more than one-half of one percent of alcohol volume.
prescription
means an order from a practitioner, or an agent of the practitioner designated in writing as authorized to communicate prescriptions,
narcotic drug
means any of the following produced directly or indirectly by extraction from substances of vegetable origin, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis: a) opium and opiates, and a salt, compound, derivative, or preparation of opium or opiates cocaine
mental illness
means are ILLNESS, disease or condition
consent
means assent in fact, whether express or apparent.
Drug paraphernalia
means equipment, a product, or material that is used or intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, or concealing a controlled substance in violation of this chapter or in injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of this chapter. The term includes: (A) a kit used or intended for use in planting, propagating, cultivating, growing, or harvesting a species of plant that is a controlled substance or from which a controlled substance may be derived
Deadly Force
means force that is intended or known by the actor to cause, or in the manner of its use or intended use is capable of causing, death or serious bodily injury
Custodian
means the adult with whom the child resides.
criminal episode
means the commission of two or more offenses, regardless of whether the harm is directed toward or inflicted upon more than person or item.. (ex. andrea yates killing her 5 children Back to Back)
human consumption
means the injections, inhalations, ingestions, or application of a substance to or into a human body.
Guardian
means the person who, under court order, is the " " of the person of the child
marihuana
means the plant Cannabis, whether growing or not, the seeds of that plant or its seeds.
manufacturer
means the production, preparation, propagation, compounding, conversion, or processing of a controlled substance other than marihuana, directly or indirectly by extraction from substances of natural origin, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes the packaging or repackaging of the substance or labeling or relabeling of its container.
distribute
means to deliver a controlled substance other than by administering or dispensing the substance
administrater
means to directly apply a controlled substance by injection, inhalation, ingestion. or other means to the body of a patient or research subject by: a) practitioner or an agent of the practitioner in the prescence of the practiotioner; or b) the patient or research subject at the direction and in the prescence of a practitioner
deliver
means to sell, dispense, give away, or supply in any other manner.
escape - PC 38.01 (2)
means unauthorized departure from custody or failure to return to custody following temporary leave for a specific purpose or limited period or leave that is part of an intermittent sentence, but does not include a violation of conditions of community supervision or parole other than conditions that impose a period of confinement in a secure correctional facility.
arrest someone for DUI, what court is the case processed ?
mids. municipal court or justice court
what constitutes an offense for a minor attempting to buy alcohol
minor commits an offense, w/specific intent to commit an offense under section 106.02
side effects
most common reason an individual stops taking meds
Threshold Braking
most efficient braking is called
level of proof required
most significant
passenger compartment
motor vehicle may be searched incident to arrest of an occupant only if the officer can demonstrate he or she had reason to believe evidence of the crime for which the suspect was arrested will be found in the car.
maximum number of days allowed to execute a search warrant?
must be executed within 3 days for most, but 10 days for electronic communications and 15 days for DNA specimen.
72 hours/3days
must place property under seal no later than __ after seizure
where do sex offenders register ? and how many days do they have to register?
must register within 7 days at the city/municipality. if offender does not register within 7 days it is a felony.
personal identifiers
name, date of birth, ss#, address, phone #, driver's license #, passport #, mother's maiden name, etc.
which of the following does NOT fall under requirement of warrant
need to be attested (or signed) by the officer
can i file charges if i hit first?
no
can i use deadly force to prevent suicide?
no
COMPLAINT
no information shall be presented until affidavit has been made by some credible person charging the defendant with an offense.
time for hearing
no later than 14 days after the date the application is filed
when and what do agencies have to report to attorney general?
no later than 30 days after an incident, agencies must sumbit a report for officer involved in death or injuries or police officer injuries or death to another
Age affecting criminal responsibility
no person under age 18 can be punished for death even of for capitol death offense
Is a Federal Protective Service Officer a peace officer?
no, but has the powers to arrest, and search and seizure as to any offense under the laws of this state.
can someone use force to resist unlawful arrest?
no-needs to be settled in court
what is a Not a valid defense?
non-family violence and community violence
statutory defense
non-family violence and community violence is NOT considered _________ _______
?how many specimen of urine is needed
none
the minimum tim/fine for dwi
none of the above (no range)
looking for violence
not a provision for Knock & Announce
words and gestures alone are
not an attack
stages of healing
not every trauma victim requires formal counseling every victim/survivor needs to through
how long can you be held after the bails has been posted?
not more than 72 hours
Improper listening
not paying attention to what is said is an example of " "
who delivers orders
not police officers
2.28 On receipt of information to the effect that a person's identifying information was falsely given by a person arrested as the arrested person's identifying information, the local law enforcement agency responsible for collecting identifying information on arrested persons in the county in which the arrest was made shall:
notify the person that: (A) the person's identifying information was misused by another person arrested in the county; (B) the person may file a declaration with the Department of Public Safety under Section 411.0421, Government Code; and (C) the person is entitled to expunction of information contained in criminal records and files under Chapter 55 of this code; and (2) notify the Department of Public Safety regarding: (A) the misuse of the identifying information; (B) the actual identity of the person arrested, if known by the agency; and (C) whether the agency was able to notify the person whose identifying information was misused.
Secondary trauma
occurring after the incident due to media, investigates procedures, court proceedings, peer and public opinion.
aggravated sexual assault
of a child under 14
identification
of the involved persons, vehicles etc.
police-citizen encounter
officer CAN initiate a ______ - ______ _________ so as the officer understands the persons approach do not have to identify themselves or answers the officer's questions and are free to simply walk away
sensitive and patient
officer must be _________ and ________ when dealing with PTSD
if consensual encounter leads to arrest or seizure
officer must be able to articulate facts to support the probable cause
Rights of officer
officer or person making the arrest is justified in adopting all the measure which he might adopt in case of arrest under warrant.
incumbent
officers are usually hired (recruits) at average or above average fitness but the
articulate facts and circumstances
officers objective is to obtain ______ ______ ___ ____________ that rise to the level of either REASONABLE SUSPICION which gives officers the power to detain or PROBABLE CAUSE which permits the officer to arrest.
written report
officers who respond to FV crime are required to make a
An arrest warrant must be based on what
on a complaint that alleges Probable Cause that the person named has committed a specific offense, and it must be issued according to the formalities required by the rules of the court.
counseling is civil enforceable
on a protective order the court may order the offender of FV to attend counseling requirements.
clerk of issuing court
on receipt of a protective order from ....
false - myth
once an alcoholic, always an alcoholic
person failing to observe and use all the relevant facts of a problem
one of the 4 typical reasons for errors in REASONING
poor body posture
one of the clearest signals of being tired or having low energy
death notification
one of the most difficult notification an officer can offer is
24 to 48 hours
one symptom associated with high engagement of Sympathetic Nervous system is most memory begin to return in __ to __ hours
the vehicle = 1%
only about __ of accidents are caused by vehicle failure
the environment = 10%
only about ___ of the time
for felony
only can brake door down ___ _______ after denial of entrance
strip search
only when necessary to maintaing security i.e. probably cause
criminal negligence
ought to be aware of a substantial and unjust CN HOMICIDE
Innocent Owner Defense
owner acquired the property before illegal act and owner did not know or should not reasonably have known of the illegal act before acquiring the proeperty
self-incrimination
peace officers must respect the citizens right against ____ - _________ as protected by 5th amendment
sex assault with a child under 17
penetration involved
missing person
person 18 years old or older whose disappearance is possibly not voluntary.
bribery
person commits an offense if he intentionally or knowingly offers, confers, or agrees to confer on another, or solicits, accepts, or agrees to accept from another
voluntarily engages in conduct
person commits an offense only if he
required of voluntary act or omission
person commits an offense only if he voluntarily engages in conduct, including an act, an omission or possession.
Deadly Force to protect property - PC 9.42
person is justified in using deadly force to protect land and tangible property if it prevents the other person's imminent commission of arson, burglary, robbery, aggravated robbery, nighttime theft or nighttime criminal mischief. May only be justified if land or property can not be protected by any other means.
Protection of one's own property - PC 9.41
person is justified in using force to the extent necessary to prevent or terminate trespass or unlawful interference with his land or property.
Deadly Force of person - PC 9.32
person may be justified in using deadly force against another person if this force is immediately necessary to protect the actor against the other person's own attempted use of unlawful deadly force or to prevent the commission of aggravating kidnapping, murder, sexual assault, aggravated sexual assault, robbery etc.
Protection of third persons property - PC 9.43
person may use force/deadly to protect land and tangible property of a third person if he reasonably believes that the person has attempted or committed theft. Only if his aid has been requested by the third person or has legal duty to protect that person's land.
murder
person who intentionally or knowingly kills someone INT/KNOW
licensee
person who is the holder of a license provided in this code or any agent, or employee of that person. All state license has to be in public view
stopping and detaining
persons for the purpose of investigating possible criminal activity is sometimes necessary to the government's interest in effective crime prevention and detention.
Exhaustion
physical arousal associated with "fight or flight" cannot be prolonged indefinitely, will result in
Bodily Injury
physical pain, illness or ay impairment of physical condition.
examination wihtout consent of abuse or neglect of a child
physician, dentist, or psychologist having reasonable grounds to believe that a child's physical or mental condition has been adversely affected by abuse or neglect may examine the child without the consent of the child, the child's parents
purpose of pre-judgement
place property under control of the court
Positioning
placing body in proximity in order to better listen, observe, or perform physical act
New York v Belton
police may conduct a full search of a vehicle passenger compartment (INCIDENTAL to an custodial arrest) of an occupant
Aggravated Perjury
police officer makes false statement under oath (material) or ex. It the witness lies about the whereabouts of the defendant during the time of the murder that could be considered material.
effectiveness & safety
position yourself for " " & " "
There are two distinct charges were dealing with street drugs?
possession and delivery
complex carb
potatoes whole grains, beans , fruits
burden of proof
preponderance of evidence
if wanting property back you have to prove in court _____________ __ ________
preponderance of evidence
20 miles to 1 day
priviledge of legislators
forcible detainer
process to start the Eviction Suit
officers must always maintain ___________ attitude
professional
client
professionals profess to know better than others the nature of their specialty and to know what is best for their _____ in this speciality.
civil provisions of order applying to any party
prohibit a party -removing a child of the family or household -transferring, encumbering or otherwise disposing of property
free
protection orders are
civil/criminally
protective orders can be
civil/criminally
protective orders can be " " enforcement penalties
Scape goat
provides a convenient group or person to blame when things go wrong in one's personal life or in the community. "spacegoating"
39.03 Official Oppression
public servant acting under color of his office or employment commits an offense if he: intentionally subjects another to mistreatment or to arrest, detention, search, seizure, dispossession, assessment, or lien that he knows is unlawful;
Wellness
ranges on a continuum from death to optimal well-being.
thinking about the totality of circumstances in a vehicle stop -vehicle of exterior -pre-stop indicators -vehicle interior
reasonable suspicion of criminal activity
manslaughter
recklessly kill someone R'LESS
strategies for personal weight control
reduce sweets and high fat choices increase exercise and activity level
Ethnicity
refers to shared culture and background.
stealing from a corpse - SJF
regardless of value stolen off a corpse or grave i.e. Johnny steals his unles $5 pin from his coffin
matters to be reported
reporter's belief that a child has been or may be abused or neglected or has died of abuse or neglect.
Parasympathetic Nervous System
responsible for rest, digestion & nutrients
different
right to be free implies the right to be _________
What is addressed in the Texas Constitution and not in the U.S. Constitution
rights of crime victims
SAD PERSONS - sex (male) age (15-34 & 65+) depression previous exposure to suicide ethanol/alcohol/drug abuse rational thinking loss social support system lacking organized plan no or significant other sickness
risk factors of suicidal thoughts and behavior
Brower v. County of Inyo
roadblock > uses deadly force is a seizure
Bias Ply
rough ride; causes driver to become tired because of absorbing vibrations
Garrity v. New Jersey (ADMIN/CRIMINAL INVESTIGATION) - NO FORCE
ruled that evidence gathered from an employee under threat of dismissal was not admissible in a criminal trial
public lewdness
sally and jo decide they cant wait to get home to have sexual intercourse so they decide to do it at a park what offense has sally and jo committed ?
the people shall be secure from unreasonable ...
search & seizure
probable =
search warrant
greatest asset when arresting?
self-control
intoxication results
seriously bodily or manslaughter i.e. drunk drivers killing innocent
official oppression
sexual harassment from a police officer
where warning signs for not carrying weapons on a premise should be located
shall display in a prominent place (public view) on permit holders premises
what is contained in family violence report?
shall make a report; -the names of the suspect and complaint -the date, time, and location of incident -any visible reported crimes -a description of incident and statement -and rather the suspect is a member of the state military forces
9th amendment
shall not be construed to deny or disparage others retained by the people.
maintain a copy on file
sheriff and police
18' or less over all length 26'
short barrel fire arm
places
should be described beginning at one pt. then proceeding in one direction, such as left-to-right or top-to-bottom, to ensure that the description is thorough and systematic.
chronologically of testimony
should be organized chronologically and should cover each phase, arrest and post arrest of the dwi incident
pre-arrest
signaled person is indeed intoxicated/ administer test and arrange for preliminary breath test
legal definition for Mental Retardation
significantly sub-avg general intellectual functioning. MR is further characterized as a fundamental difficulty in learning and performing certain daily life skills.
suspicious
smell, see, & hear
shoulder surfing
some identity thieves also engage in "________ _______": looking over your shoulder
current technologies
some of the "current trends" associated with identity theft involve the usage of _______ ____________.
indigent defendant?
someone who cant afford an attorney.
the worst deadly skid is
spin-out
Essential Tasks of Anaerobic Training
sprinting, pushing, pulling, jumping, pushing a car, defensive tactics.
positive message
stand and sitting erect communicates a
determining the predominant aggressor
starts with a Thorough Investigation
Affirmative (p.o.e) Defensive (b.r.d)
state has to prove everything EXCEPT 2 things:
Code of Criminal Procedure, Article 55.02, Sec 2a
state statues - Procedure for Expunction
Business and Commerce Code, chapter 20
state statues - Regulation of Consumer Credit Reporting
Parent child - PC 9.61
states that, short of deadly force, any use of force against a person younger than 18 is justified if it is committed by the child's parent and is necessary to discipline the child or promote his welfare.
Reaction Time
step1: time for the brain to receive information from the senses step2: time for the brain to decide what to do step3: time for decisions to go from brain to muscle step4: time for muscles to respond
bad guy
steroid use in law enforcement is used to get a performance edge on the "___ ___"
Terry v, Ohio
stop and frisk based on reasonable suspicion
Police work MUST...
stop short of cultural stereotyping and racism.
AID LIFE- ask - dont be afraid to ask intervene immediately. dont keep it a secret locate help inform supervisor find someone to stay w/the person expedite
strategies to assists a coworker contemplating suicide
performance
strength training combined with specific skills in defensive tactics will improve
96 hours
studies show that fitness, which equates to performance, begins to decline after
evidence
stuff used in court to prove
element of suspicion
sweating or acting weird is NOT a probable cause but an element of suspicion
SIMPLE CARBS
sweets, soft drinks, white flour
severity of the offense
take necessary enforcement action, basing its intensity on the nature of the situation and the " "
sealing a search warrant affidavit
takes 31 days & 30 days for extension
1.6 seconds
the "avg" healthy, sober person has a perception/reaction time of
factors that the courts use to determine if unreasonable force was used in a case.
the 4th ammendment limits the level of force that may be used to reasonable force.
interest holder
the bona fide holder of a perfect lien or a perfected security interest in property.
Self-Responsibility
the cap that holds down all the other areas in the pyramid.
child has right to be accompanied by them
the child wants mom and dad
what level of courts hear criminal cases with Class B and A =
the county courts and when fine to be imposed shall excedd $500
key charachteristics
the degree to which an occupation meets the definition of "profession" should be assessed by measuring the occupation on certain ___ _______________.
Preserved
the delicate balance which the law provides and protects between those who govern and those who are governed must be _________ if democracy is to survive.
investigation of report
the department shall make a prompt and thorough investigation of a report of child abuse or neglect allegedly committed by a person responsible for a child's care, custody, or welfare.
the level of proof required
the difference between affirmative & defense?
the driver = 89%
the driver is reponsible for about ___of the accident
-Dispositions -Criteria -Argument -Reasoning -Point of View -Procedures for Applying Criteria
the essential aspects of critical thinking. 6 Aspects
positive attitude
the impact of a ________ ________ is the key to managing unavoidable.
Pursuits 3%
the least # of accidents is
decreases
the long-term stress reaction usually _________ over time
who sets the bail amounts?
the magistrate
male on female
the majority of FV is
Physical Response
the mind's response parallels the
Crisis Reaction
the normal human response to Trauma follows a similar pattern called
Fish Bowl Living
the officer's life is under public scrutiny and a higher expectation of behavior often referred to as
where DEADLY FORCE is JUSTIFIED
the only time a FIREARM should be fired at a moving vehicle is - NOT stop a felon
Animal Instincts
the physical response to Trauma is based on our
reducing the impact
the problem solving approach is a methodical process for " " of crime and disorder problems in a community
methodical process
the problem-solving approach is a " " for reducing the impact and disorder problems in a community.
seizure
the restraint of property by a peace officer
concept
the role of the peace officer includes enforcing the laws in an impartial manner and supporting the " " that all persons, including criminal justice personnel, are equally subject to the law will be treated equally by it.
Sequestration
the temporary seizure or setting aside of specific property to which the party to a suit has a claim of ownership.
who determines bodily injury
the victim
frequency/severity
the violence usually increases in " ________ and ______" over time.
a person suffering from hearing voices
the voices are as REAL to them and they actual hear voices from someone
dumpster diving
theft of trash
uniform act to secure attendance of WITNESS from OUTSIDE THE STATE
they can NOT be arrested
carbs
this fuel last a short time and is quick energy
93%
this means that approximately __% of the time a message is received and interpreted based on HOW something is said rather than WHAT is said. what is the percentage of how something is said ?
Acceptance Phase
this phase can be reached sooner through professional counseling (help)
class C
threat or offended
identification / narrative / elements of the offense
three basic kinds of info necessary in police reports
carbs, proteins, and fats
three different types of fuel that produce energy at different rates
Immediately
time frame to report for officers?
Exclusionary Rule
to DETER police MISCONDUCT
proprietary interest
to be able to give consent to search > property
who, what, when, where, why, how
to complete the report must have
a person who omits
to perform an act does not commit an offense unless a law as defined by sec 1.07.
indecency with a child under 17
touching (heavy petting) - 2nd degree or exposure -3rd degree
self control is achieved through
training and practice both on the job and off
2 YEARS
training program - all holders of intermediate certs needs to be completed no later than
revert or regress
trauma can be so overwhelming that it causes a person to ________ or __________ to childhood mentally and physically
multitude of loses
trauma is accompanied by a
the only crime found listed in the U.S. Constitution
treason
if civil law "sequestration"
true
many times
true
maximum sentence for dwi (assuming its 3rd degree felony)
two - 10 years
cocaine and methamphetamine
two most common stimulants?
double nagatives
two negative words are used in the same clause. ex. WRONG- nobody saw nothing RIGHT- nobody saw anything ex. WRONG- i can't hardly see the road in this fog RIGHT- i can hardly see the road in this fog.
what is a joinder?
two or more offenses may be joined in a single indictment, info or complaint
run-on-sentences
two or more sentences written as one results in a run-on sentence.
custody
under arrest by a peace officer or under restraint by a public servant pursuant to an order of a court of this state or another state of the United State -arrest
slang, jargon, and nonstandard abbreviations
unless it is being quoted for a purpose (e.g. statement made by suspect) do not use ex. the man said that someone trashed his car the man said that someone damaged his car
reconciliatory is still in-effect
untill judge says
Guardian incompetent - PC 9.63
use of force, but not deadly force, is justified against a mental incompetent/elderly if the actor is parent/guardian and the force is necessary to either maintain discipline or promote the incompetent's welfare.
if an officer comes across a drug, what is that officers supposed to do ?
use the appropriate field test
EPO days
valid for 31 days and no more than 61 days, except for when it involves a deadly weapon than can be valid for 91 days
3 phases of detection
vehicle in motion personal in contact pre-arrest
-Most race based complaints come from
vehicle stops (traffic stops)
which is NOT part of the 4 elements?
verbal seizure
97%
verbal skills are important because verbal communication is __% for police officer
blame themselves
victims may also make excuses for criminal behavior, feel helpless, or uncontrollable anger or ________ _________
96
victims of sex assault, right to a forensic medical exam if with in __ hours of the sex assault
criminal penalties
violation of order > class A misd, max $4000 and 1 year in jail
civil penalties
violation of order> max $500 and/or 6 months in jail
mayor
warrant can be issued anywhere in state ... unless signed by ______
directive to apprehend
warrant for child
by judge
warrant of arrest is issued in county by mayor can be endorsed __ _____
48 hrs.
warrant without unnecessary to delay
What is an Emergency Apprehension Detention order?
warrantless apprehension of person that is a harm to him/her self or others and cannot make rational decisions
Frye v. State
warrantless arrest
Pryor vs. State
warrantless search
can be arrested for intoxication
water rides/crafts, amusement park i.e. six flags/splashtown
Anaerobic Training
whAt is the absence of oxygen ?
elderly 65 or older disabled
what 2 things aggravate robber> if actor causes injury ?
Denial Phase Anger Phase Bargaining Phase Depression Phase & Acceptance Phase
what are the 5 traumatic transitions phases?
Avoid, Alter, Adapt/Accept
what are the three approaches to stress management?
warm-up, work-out, and cool down
what are the three components of an exercise program?
simple carbs and complex carb
what are the two types of carb and sources?
Saturated and Unsaturated fats
what are two types of fat?
your signature (peace officer)
what has to be at the bottom of a complaint?
is to tell you how to proceed with the case (how to do your job)
what is NOT a right of a victim of crime ?
talking loudly
what is NOT and interaction technique taught in class
the belief that a person has committed a crime
what is NOT included in the EAD sheet
contraband
what is eligible for forfeiture?
personal data, vehicle data, and arrest data
what is needed in a booking form?
use of force
what is primary difference between robbery and theft ?
18
what is the illegal age to sell to
officers safety
what is the number one strategy in this training
Improve efficiency of heart, lungs, and blood vessels
what is the purpose of Applying FIIT to cardiovascular training?
immediately
what is the time frame for entering information into clearinghouse?
18
what is the youngest age a person can be punished for death?
stage 2 - Cataclysm of emotions
what phase of minds response is -anger/rage -fear/terror -grief/sorrow -confusion/frustration -guilt/self-blame and -violation/vulnerable in?
Be there for them and listen to them
what to do when someone else is copping with a critical incident?
criminal mischief
when a person knowingly destroys
reckless damage
when a person recklessly damage someones property i.e. : Matt (brother in law) driving into somebody's house
what does Capias mean?
when defendant does not show up for work -commanding officer to arrest a person accused of an offense and bring the arrested person before that court immediately
go to/in person and sit down with them
when doing a death notification you should
when the victim KNOWINGLY & WILLINGLY participated in criminal injurious conduct
when may a victim of a crime NOT be eligible for a claim of Crime Victim Compensation?
immediately
when should a victim be notified if the offender has escaped ?
notified
when somebody is arrested in another county, the sheriff from the other county has to be _________ A(warrant) B(arrest) <<<<<<<----------tell sheriff
severance
whenever two or more offenses have been consolidated or joined for trial under sec 3.02. the defendant shall have the right to a " " of offense.
faulty decision making
whenever you let the seriousness of the offense dictate what chances you will take, you are asking for trouble!
department of public safety
where is the missing children and missing person information clearinghouse?
accidentally causes death
which does not fit ?
complaint
which has to be attested (signed) by police officer
carroll doctrine
which holds that a warrantless search of a readily mobile motor vehicle
emphasizing
which is NOT a barrier to active listening
Judge or Juvenile Court Judge
which judge would have authority over juveniles?
actor did not win any of the bets he betted
which of the following is not a defense to gambling ?
the chief or his designee
who appoints the liaison?
The State (us)
who has the burden of proof?
the public
who is considered as prime beneficiary?
The Juvenile Board
who is it that designates the juvenile processing office?
Any & Everybody
who is required to report child abuse?
peace officer
who seizes has custody
personality disorder
will not seek treatment because they are INDENIAL
how long after an arrest or referral does an agency have to report the incident to a school district?
within 24 hours
If a person commits a FELONY, he must be presented to a magistrate within what time frame?
within 48 hours
if a warrant is issued by a municipal court judge, where can you serve it?
within the county
elements of communication
words content voice non-verbal
ex. of commonly misused words
words that sound alike have diff meanings ex. -Accept - to receive He accepts direction well Except to take or leave out please that all the weapons off the shelf except for those already numbered. -Affect- verb to influence lack of excercise affects your ability to effectively perform yourt duties -Effect- noun, result, to accomplish the subtle effect of the lighting made the room look ominous -A lot (two words) - many Alot (one word) - not the correct form
capias
writ issued by judge after bail
definition of Statutory Defense
written in the statue
what is an information?
written statement filed and presented in behalf of the state by the district
am i responsible for other force?
yes
can i use force to prevent suicide?
yes
can i use threat as a justified force?
yes
if i shoot someone and i go to grand jury and the jury takes my side, can i still be sued civil?
yes
is shooting in the back okay?
yes
do you need a search warrant to photograph a child?
yes, warrant may be issued to search for and photograph a child who is alleged to be the victim of the offenses of injury to a child.
can i use force to defend myself from unlawful force?
yes- whatever is necessary
SHALL/MUST
you _____/____ arrest them once warrant is in hand
true
you can NOT arrest a protective person
open container
you may not possessed in vehicle
disproportionate
you might look for more minority criminals, and find them in ______________________ numbers
how does 25.07 tie in w/14.03
you shall and may
Alcohol Concentration
{penal code 49.01 def} the number of grams of alcohol per (a.) 210 l of breath (b.) 100ml of blood OR (C.) 67ml of urine
the difference between criminal law and civil law
•Civil Law: that portions of the law which defines the personal and property rights of individuals; the rights of an individual to seek redress or to prevent a wrong; any action other than criminal proceedings. EX. divorce, child custody, protective orders, injunctions, debt, personal damages •Criminal Law: law which for the purpose of preventing harm to society, (a) declares what conduct is criminal, and (b) prescribes the punishment to be imposed for such conduct. It includes the definition of specific offenses and general principles of criminal responsibility. Criminal laws are commonly codified into criminal or penal codes, e.g. Texas Penal Code. EX: criminal trespass, murder, assault, theft
