Nc BLET State Exam Study Guide

Miranda Rights

"You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?" needed with custody and interrogation

1. State the appropriate methods to respond to a methamphetamine lab.

(1) Do not touch or inhale/smell items about the laboratory area (2) Don't eat, drink or smoke at the scene (3) Eliminate sources of ignition (i.e., radios and cell phones) (4) Expect and anticipate multiple hazards and prepare in advance

Authority to Consent

- Person must have apparent control over the given area - If more than one person is present, and both have control, then the officer must receive consent from both persons - A person may give limited consent or withdraw consent at any time

Exculpatory statement

--------- statement is one which denies guilt

identify terrorism threats specific to North Carolina

1. Agriculture: most vulnerable target in North Carolina with 57000 farms 2. military installations: impact national security by affecting the ability to deploy troops and boosting the morale of the terrorist entities opposed to the united state. 3. transporation infrastructors: 4 interates thourafares that include i 85,95,77,40.

As provided in the lesson plan identify the reoccurring issues with the following circumstances

1. Bankruptcies= defendant has filed for bankruptcy protection the deputy should not attempt to service the summons. 2. repossessions: call about a vehicle theft in progress, or about 2 people arguing over a vehicle and the call turns out to be an attempted repossession. 3. evictions: occasionally a hotel guest may refuse to leave the lodging if the occupant is not a guest but a residential tenant the occupant can only be removed through summary ejectment procedures. 4. child custody order: one parent is granted custody of the child to the exclusion of the other parent or parents have joint custody and one parent is nor complying with the court order.

Identify and report indicators of possible impeding terrorist attack

1. General observations: loiter around sensitive areas, load behavior in a group of people, a large amount of $100 bills cipher/code packs, use of foreign terms, misstatements of common American terms 2. surveillance: carrying video cameras or observations equipment with high magnifications lenses, observed with maps, photos, diagrams 3. night vision- devices 4. parking, standing, loitering in same area over multiple days

Identify the various types of civil process as provided in the lesson plan.

1. Magistrate's summons (aoc-cvm-100) 2. Civil summons ( aoc-cv-100) 3. Special proceeding summons( aoc-sp-100) 4. partition proceedings summons ( aoc-sp-101) 5. notice of hearing- power of sale forecloser. 6. Juvenile summons ( undisciplined/delinquent) ( aoc-j-340) 7. juvenile summons ( abuse/neglect/dependent) ( aoc-j-142) 8. Summons in proceeding to terminate parental right( aoc-j-208) 9. subpoena (aoc-g-100) 10. domestic violence (50 b) civil process 11. civil no contact ( 50-c) civil process 12. workplace violence prevention civil process.

list available assistance for victims

1. National human tracking hotline 2. legal aid of North Carolina 3. social services and assistance

State how to properly serve the civil process on the different types of parties to a civil suit, beginning with an ordinary civil summons and then moon g on to special item of civil process.

1. Ordinary civil summons: is personal service , leaving copy of the complain and summons at the defendants home with someone of suitable age and ( mentally competent) or specified agent.

state the strategies for victim identification

1. domestic violence crime 2. labor disputes 3. prostitution and pimping offenses 4. shoplifting 5. cases of assault.

special interest/ single interest terrorist group

1. ecological resistance movement 2. anti: environmental movement 3. animal rights

identify the post- judgment remedy of execution

1. executions against the property: the sheriff is to seize the personal property to sell to satisfy the outstanding judgment. 2. executions against the person: civil order for arrest and are very specific in nature and rare. issued when there is reason to believe the judgment debtor is about to flee the jurisdiction to avoid paying the judgment or has concealed assets to defraud creditors. 3. executions for delivery of specific property: execution is against property which requires levy on and sale of personal or real property to satisfy a judgment.

as provided in the lesson plan identify potential terrorist- related threats, targets, and vulnerabilities with your jurisdiction.

1. left-wing groups: generally profess a revolutionary socialist doctrine and view themselves as protectors of the people against the dehumanizing effects of capitalism and imperialism. 2. Anarchists: that there should not be any government and feel that each person should function separately free of restraint. 3. anti-fascists (Antifa): a network of independent and grassroots groups working together against the rise of racism and fascism in our communities. 4. right-wing groups: often adhere to the principles of racial supremacy and embrace antigovernment antiregulatory beleifs.

State the time limits for service of various types of civil process and demonstrate how to compute the time limit in which to serve civil process.

1. ordinary civil summons= 60 days from the date it is issued. 2. Magistrate summons= 60 days, served no late than 5 days before the date scheduled for hearing. 3. Magistrate summons in a summary ejectment action= 5 days form the issuance of the summons and at least 2 days before the date of the scheduled hearing 4. juvenile summons ( undisciplined/ delinquent)= served not less than 5 days before the scheduled hearing. after 30 days if not served it should be immediately returned to the issuing clerk. 5. Juvenile summons ( abuse/ neglect/ dependent)= served not less than 5 days before the scheduled hearing date. 6. Notice of hearing the foreclosure under power sale= served not less than 10 days, via posting must be done lo later than 20 days. 7. domestic violence civil summons= expire after 60 days.

list possible recourses for law enforcement for human trafficking

1. trafficking's information and referral hotline 2. fbi 3. ice 4. sbi

Weapons attacks

1. unusual sale of large numbers of semi-automatic weapons 2. theft or large sale of ammunition 3. reports of automatic weapons' firing 4. sale of protective body armor to non-law enforcement person paramilitary groups caring out training scenarios

as provided in the lesson plan identify the following prejudgment remedies.

1.attachment= seizure of a debtor's real or personal property sufficient in amount to satisfy a judgment. 2.garnishment= proceeding is to discover and subject to attachment tangible personal property of the defendant, not in his/ her possession, but the possession of another person and any indebtedness 3. claim and delivery= is to claim the immediate delivery of certain specified personal property. .

State what is required for select types of civil process to be considered valid

1.copy of the complaint or petition and all other necessary court documents 2.summons, must be served on each name defendant 3.printed on the aoc form to the check the governing statue to determine what must be attached and served 4. enough copies included to be served on each of the parties named for service.

As provided in the lesson plan identify and report indicators, explain 3 classifications of illegal alien status and determine detention strategies if necessary

1.lawfully admitted permanent resident aliens( lapra): is legal residents of the united states also known as immigrants, commonly referred to as green card holder 2. non-immigrant aliens: admitted on a temporary term basis person will have a passport with a visa or green card 3. Illegal entrant aliens: never been granted permission to enter or reside in the united states.

identify and discuss methods of effective response to human trafficking as provided in the lesson plan

1.reactive approach: may uncover trafficking's while addressing other crimes or call for assistance 2. Proactive approach: by identifying possible situations or business in your community where you suspect human trafficking may be taking place 3. all responses: it is important to remember that not only the traffickers but those who seek to purchase the services of trafficking victims must be held accountable.

state the definition of reasonable suspicion and probable cause

1.reasonable suspicion: is a minimal level of objective justification more than a hunch but less than probable cause. Must "consider" the totality of circumstances and based on specific and articulable facts as viewed by a reasonable officer 2. probable cause: must "show" totality of circumstances that a crime was committed but the the defendant probably committed it. must consider facts at the time the arrest is made and reasonable trustworthy information is sufficient to warrant a crime was committed

1.Habeas corpus 2.bill of attainder 3. Bill of rights

1.requires custodian to bring the prisoner before the judge 2. the special act of legislature inflicting punishment on a person without a conviction through judicial proceedings 3. First 10 amendments to the constitution

as provided in the lesson plan identify various forms of exploitations associated with human trafficing

1.sexual exploitations: brothels, massage parlors, phonography productions, street prostitution 2.Labor exploitations: agricultural, cleaning services, construction, domestic servitude, exotic dancing, factory, restaurant work 3. service marriage ( mail order brides) some trafficking hide their operations by posing as marriage brokerage services.

other criminal activities associated with terrorist groups

1.theft or burglaries at army surplus stores/ sate surplus stores 2. rental of storage units for storage of non-traditional items

identify terrorism threats specific to North Carolina

4. banking/ financial infrastructures: charlotte is the second largest banking center in the united states. in emergency the nasdaq stock exchange can be operated from charlotte 5. Nuclear power plant: Brunswick, McGuire, sheron-harris 6. citizenry: jihadists have killed 95 people inside the united states.

Identify and report indicators of possible impeding terrorist attack cont

5. false alarms requiring law enforcement 6. thefts of military ,Leo, and fire id cards/ license plates 7. non military person with military-style weapons, clothing, or equipment 8. reports of computer hacker attempting to access sites with person identification maps

Fifth Amendment

A constitutional amendment designed to protect the rights of persons accused of crimes, including protection against double jeopardy, self-incrimination, and punishment without due process of law.

G.S. 15A-401(d)(2)

A law-enforcement officer is justified in using deadly physical force upon another person for a purpose specified in subdivision (1) of this subsection only when it is or appears to be reasonably necessary thereby: a. To defend himself or a third person from what he reasonably believes to be the use or imminent use of deadly physical force; b. To effect an arrest or to prevent the escape from custody of a person who he reasonably believes is attempting to escape by means of a deadly weapon, or who by his conduct or any other means indicates that he presents an imminent threat of death or serious physical injury to others unless apprehended without delay; or c. To prevent the escape of a person from custody imposed upon him as a result of conviction for a felony.

exclusionary rule

A rule that provides that otherwise admissible evidence cannot be used in a criminal trial if it was the result of illegal police conduct

Search incident to arrest

A warrantless search of a person and the area around that person, conducted shortly after the person is arrested.

Six major groups of unethical behavior in law enforcement

A) graft, bribery, class corruption-when the officer uses his or her position for personal benefit in the form of cash, property, sex, drugs, food, or preferred assignment B) process corruption-when an officer interferes with the process of gathering and presenting evidence C) brutality and excessive force-uses more force than is necessary D) on duty unprofessional conduct-miscellaneous conduct that is directed toward the public but no benefit to law-enforcement for example in action on calls for assistance sexual discrimination negligent treatment of victims E) workplace deviance-Direct harassment and racial or sexual discrimination and colleagues nepotism and promotion use of drugs alcohol while on duty F) off duty unprofessional conduct-engages in behavior in their personal lives that reflects poorly on an apartment and professional LEO examples fighting drunk driving

Identify the common drivers of unethical behavior

A)noble cause- end justifies the means, the belief that legal technicalities make the job hard, believe that the offender was guilty B)the blue curtain/code of silence an officer makes a mistake and everyone covers it up instead of coming forward about it C)the slippery slope and the mama Rosa test- once an officer engages in minor illegal or corrupt behavior, greater levels of corruption become easier to perform

3) state the relationship between proper nutrition and optimal Officer performance considering the following factors

A-threemajor nutrition Carbohydrates fats proteins B-daily caloric needs C-determine the appropriate food source and amounts? Grains 3 to 4 ounces vegetables 2.5 to 3 cups fruits 2.5 to 3 cups oils 5 to 7 teaspoons dairy 3 cups proteins 5 to 6.5 ounces

state the North Carolina statutory requirements for a. gs 15a-401 make warrantless arrests b. hs 15a-404 a citizen detention c. gs 15a-405 assistance to law enforcement officers by private persons to effect arrest or prevent escape

A. be committed in presence of officer an officer has probable cause to arrest/ committed not in the presence of an officer, the officer must have probable cause a felony or misdemeanor has been committed and will not be apprehended unless arrested immediately or the person may cause physical injury to himself or others or property if not apprehended immediately. Officers must inform them who they are ( an officer) what they are being arrested for and in-fact that they are under arrest

The primary factors that lead to coronary heart disease, provide At least three secondary factors.

Abnormal blood cholesterol, high blood pressure, smoking, Secondary -Family history, obesity, diabetes, stress, type A personality, age and gender, Abnormal resting EKG

4) know the difference between aerobic and anaerobic exercise

Aerobic-The capacity to take in, transport, utilize oxygen primary fuel source is fat Anaerobic - light to moderate activity primary fuel source is carbohydrate b) frequency intensity and duration Frequency- physical activity for a minimum of 30 minutes five days a week Intensity-Moderate30 minutes a day five days a week vigorously 20 minutes a day three days a week Duration-exercise should last 30 to 45 minutes not including warm up and cool down aerobic exercise C- warm up & cool down Warm up-Five minutes to increase blood flow and temperature of muscles Cool down- after work out continue exercising 510 minutes at a lower intensity

1. (Pg. 4-6) Define, in writing, the following terms as found in G.S. 18B-101:

Alcoholic beverage: Any beverage containing at least one-half of one percent (0.5%) alcohol by volume, including malt beverages, unfortified wine, fortified wine, spirituous liquor, and mixed beverages. Nontaxpaid alcoholic beverage: Any alcoholic beverage upon which the taxes imposed by the United States, this State, or any other territorial jurisdiction in which the alcoholic beverage was purchased have not been paid. Malt beverage: is beer, lager, malt liquor, ale, porter, and any other brewed or fermented beverage containing at least one-half of one percent (0.5%), and not more than fifteen percent (15%), alcohol by volume. Any malt beverage containing more than six percent (6%) alcohol by volume shall bear a label indicating the alcohol content of the malt beverage.[i] Unfortified wine: Any wine that of sixteen percent (16%) or less alcohol by volume made by fermentation from pure grapes, fruits, berries, rice, or honey; or by the addition of pure cane, beet, or dextrose sugar; or by the addition of pure brandy from the same type of grape, fruit, berry, rice, or honey that is contained in the base wine and produced in accordance with the regulations of the United States." Fortified wine: "Any wine, of more than sixteen percent (16%) and no more than twenty-four percent (24%) alcohol by volume, made by fermentation from grapes, fruits, berries, rice or honey; or by the addition of pure cane, beet, or dextrose sugar; or by the addition of pure brandy from the same type of grape, fruit, berry, rice, or honey that is contained in the base wine and produced in accordance with the regulations of the United States." Spirituous liquor: "Distilled spirits or ethyl alcohol, including spirits of wine, whiskey, rum, brandy, gin, and all other distilled spirits and mixtures of cordials, liqueur, and premixed cocktails, in closed containers for beverage use regardless of their dilution. Mixed beverage: 1. A drink composed in whole or in part of spirituous liquor and served in a quantity less than the quantity contained in a closed package. 2. A premixed cocktail served from a closed package containing only one serving. Sale: Any transfer, trade, exchange, or barter, in any manner or by any means, for consideration."[ii] Consideration is something of value received by a person who sells, from a person to whom a sale is made. Premises: All areas, whether inside or outside the licensed premises, where the permittee has control of the property through a lease, deed, or other legal process. 2. (Pg.6-12) State the circumstances under which different types and amounts of alcoholic beverages can be purchased, possessed or consumed on public or private premises. · It is lawful for any person at least 21-years-old to possess for lawful purposes any amount of fortified wine and spirituous liquor at his home or temporary residence, such as a hotel room. · Hours of consumption o A person may not consume any alcoholic beverage before 7:00 a.m. or after 2:30 a.m. on licensed premises. Consumption may continue on licensed premised for a half-hour after sales are required to stop at 2:00 a.m. o A person may not consume on licensed premises before noon on Sunday. No local ordinances are allowed to restrict Sunday afternoon consumption in establishments having brown-bagging or mixed beverages permits. · Hours of sale o Sales of alcoholic beverages are allowed on licensed premises only after 7:00 a.m. and before 2:00 a.m. Monday through Saturday. Sales may not begin until after noon on Sunday but may continue until 2:00 a.m. o A city or county may prohibit sales of malt beverages, unfortified wine, and fortified wine after 12:00 noon on Sunday, but such prohibition is not applicable to a place which also has a brown-bagging or mixed beverage permit. · Off-premises o It is unlawful for any person to consume alcoholic beverages on the premises of a business having only an off-premises permit for the kind of alcoholic beverage being consumed. · Unlawful possession or use o Consume fortified wine, spirituous liquor, or mixed beverages or to offer such beverages to another person: § On the premises of an ABC store, or § Upon any property used or occupied by a local ABC board, or § On any public road, street, highway, or sidewalk. o Display publicly at an athletic contest fortified wine, spirituous liquor, or mixed beverages. o Permit any fortified wine, spirituous liquor, or mixed beverages to be possessed or consumed upon any premises not authorized by Chapter 18B. o Unlawful to possess or consume any fortified wine, spirituous liquor, or mixed beverages upon any premises where such possession or consumption is not authorized by law, or where the person has been forbidden to possess or consume that beverage by the owner or other person in charge of the premises. o Unlawful to possess at his home, temporary residence, or other property a greater amount of fortified wine or spirituous liquor than authorized by Chapter 18B; this is referring to a house or location where liquor is being sold, such as a "shot house" or an illegal outlet. o Unlawful to possess on his person or consume malt beverages or unfortified wine upon any property owned or leased by a local board of education and used by the local board of education for school purposes. · Purchase o Malt beverage: A person may purchase any amount of malt beverage in kegs after obtaining a purchase-transportation permit and no more than eighty (80) liters in cans or bottles in one (1) transaction. Possession of over eighty (80) liters of malt beverage, other than draft malt beverages in kegs, creates a presumption that it is possessed for sale. Unfortified wine: A person may purchase no more than fifty (50) liters of unfortified wine, in one (1) transaction. o Fortified wine/spirituous liquor: A person may purchase no more than eight (8) liters of fortified wine or spirituous liquor or a combination of the two, in one transaction. · Possession It is unlawful for a person under the age of 21 to purchase, attempt to purchase, possess, or consume alcoholic beverages in North Carolina. o If the person is 19 or 20 and the alcoholic beverage was possessed, or consumed, is a malt beverage or unfortified wine, then the person may be charged with a Class 3 misdemeanor. 3. (Pg.12-15) Identify the circumstances under which different types and amounts of alcoholic beverages can be possessed, consumed, and transported in a motor vehicle. It is unlawful for a person less than 21 years old to drive a motor vehicle on a highway or public vehicular area while consuming alcohol or at any time while he has remaining in his body any alcohol or a controlled substance previously consumed. A purchase transportation permit would allow up to one hundred (100) liters of unfortified wine, and a maximum of forty (40) liters of either fortified wine or spirituous liquor, or forty (40) liters of the two (2) combined. A purchase transportation permit is valid only until 9:30 p.m. on the date of purchase. Taxi: It is unlawful for a person operating a for-hire vehicle to transport fortified wine or spirituous liquor unless the vehicle is transporting a paying customer. Not more than eight (8) liters of fortified wine or spirituous liquor, or a combination of the two (2), may be transported by each passenger unless passenger obtains a purchase transportation permit. A passenger may possess and consume an alcoholic beverage in the passenger area of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation; in the living quarters of a motor home or house car; or in a house trailer. 4. (Pg. 15-16) Name other possible criminal activities that may be associated with alcohol-related offenses. Lottery laws: Any person shall open, set on foot, carry on, promote, make or draw, publicly or privately, a lottery, by whatever name, style or title the same may be denominated or known; or if any person shall, by such way and means, expose or set to sale any house, real estate, goods, chattels, cash, written evidence of debt, certificates of claims or any other thing of value whatsoever, every person so offending shall be guilty of a Class 2 misdemeanor which may include a fine not to exceed two thousand dollars ($2,000). Gambling: Any person or organization that operates any game of chance or any person who plays at or bets on any game of chance at which any money, property or other things of value is bet, whether the same be in stake or not, shall be guilty of a Class 2 misdemeanor. This section shall not apply to a person who plays at or bets on any lottery game being lawfully conducted in any state. A game of chance is "determined entirely or in part by lot or mere luck, and in which judgment, practice, skill or adroitness have honestly no office at all, or are thwarted by chance. Tobacco Laws:·If any person shall distribute, or aid, assist, or abet any other person in distributing tobacco products or cigarette wrapping papers to any person under the age of 18, or if any person shall purchase tobacco products or cigarette wrapping papers on behalf of a person less than 18 years of age, the person shall be guilty of a Class 2 misdemeanor. · If any person under the age of 18 purchases or accepts receipt, or attempts to purchase or accept receipt of tobacco products or cigarette wrapping papers, or presents or offers to any person any purported proof of age which is false, fraudulent or not actually his or her own, for the purpose of purchasing or receiving any tobacco product or cigarette wrapping papers, the person shall be guilty of a Class 2 misdemeanor. 5. Given a hypothetical alcohol-related problem, correctly complete a citation for the appropriate violation and discuss the proper evidence handling procedures. (Already done in class)

mutual aid agreement

An agreement among emergency responders to lend assistance across jurisdictional boundaries.

Identify ways to recognize and prevent most common injuries That officers experience throughout their careers

Back pain, heat injury/illness, Stress related illness

State the purpose of the National Terrorism advisory system ( NTAS) and 5 categories

Based on the nature of threat, alerts will be sent directly to law enforcement , alert will be issued more broadly to the American people through both official and media channels

22. (Pg. 133-136) Identify the procedures for conducting a photographic lineup under the North Carolina Eyewitness Identification Reform Act.

Before a lineup, the witness shall be instructed that: · The perpetrator may or may not be in the lineup · The lineup administrator does not know the suspect's identity · The eyewitness should not feel compelled to make an identification · It is as important to exclude innocent persons as it is to identify the perpetrator · The investigation will continue whether or not the identification is made. · The eyewitness shall acknowledge the receipt of instructions in writing (or admin note refusal and then sign). · In a photo line-up, the photograph of the suspect shall be contemporary and, to the extent practicable, shall resemble the suspect's appearance at the time of the offense. The lineup shall be composed so that the fillers generally resemble the eyewitness's description of the perpetrator, while ensuring that the suspect does not unduly stand out from the fillers. In addition: · All fillers selected shall resemble, as much as practicable, the eyewitness's description of the perpetrator in significant features, including any unique or unusual features. · At least five fillers shall be included in a photo lineup, in addition to the suspect · If the eyewitness has previously seen any lineup in connection with the identification of another person suspect of involvement in the offense, the fillers in the lineup shall be different from the fillers used in any prior lineups. · If there are multiple eyewitnesses, the suspect shall be placed in a different position in lineups for each witness. · In a lineup, no writings of information concerning any previous arrest, indictment, or conviction shall be visible or made know to the eyewitness. · Only one suspect shall be included in a lineup · Nothing shall be said to the eyewitness regarding the suspect's position in the lineup of regarding anything that might influence the eyewitness's identification · The lineup administrator shall seek and document a clear statement from the eyewitness, at the time of the identification and in the eyewitness's own words, as to the eyewitness's confidence level that the person identified in a given lineup is the perpetrator. Witnesses are to be separate during this procedure or instruction. · Record must be kept of all results, names of people in lineup, date/time/location of lineup, words used by eyewitness, sources of all photographs used, photos themselves.

entering a private dwelling to make an arrest

Before entering a private dwelling to make an arrest, an officer needs lawful access. Simply because an officer can see an object in plain view from a lawful location does not automatically mean the officer may legally enter private property without a warrant to seize it, even if the object is obviously contraband or evidence of a crime. Lawful access to private property is most commonly obtained when the: • officer's entry is based on consent, • officer's entry is based on exigent circumstances , for example, a reasonable belief that the evidence will be destroyed if entry is delayed in order to obtain a warrant, • an officer has lawfully entered the area for some other purpose (e.g., to conduct a parole or probation search, or an administrative or regulatory search, etc.)

Clear and convincing evidence EXCEPT truancy Truancy does not apply to 16-18 yr old

Beyond a reasonable doubt

Undisciplined Juvenile

Cannot be entered as a runaway juvenile into NCIC until they are missing for 24 hours, however you can enter them as a missing person immediately

State the purpose of civil process

Civil actions, there is no arrest or issued citation. Non- criminal actions, there must be a way to notify the defendant that claims that have been alleged against them by the plaintiff and what the must do to respond.

Identify the competing Roles society places on law Enforcement

Crime fighter(crime control) vs public servant (due process)

Tennessee vs. Garner (1985)

Deadly force may not be used against an unarmed and fleeing suspect unless necessary to prevent the escape and unless the officer has probable cause to believe that the suspect poses a significant threat of death or serious injury to the officers or others.

Undisciplined 6-18 years old

Delinquent 6 to up to 16 yr old

Pg. 83) Identify the situations when only a District Attorney's Office may apply for a warrant or order.

District Attorney's Office may apply for a search warrant to search and seize obscene materials.

First Ammendment Rights

Freedom of Speech Freedom of Religion Freedom of Press Freedom of Assembly Freedom of Petition

limited subject matter jurisdiction

Highway patrol, DMV officers, wildlife, probation and patrol

Define human trafficking according to federal and state law.

Human trafficking commonly referred to as "modern-day slavery" is a global phenomenon that involves obtaining or maintaining the labor or services of another through the use of force, fraud, or coercion, in violation of an individual's human rights.

Standard fees for services of the process:

If a law enforcement officer is serving items of the civil process there is a 30.00 fee for service to be collected in advance. This fee is the fee per party to be served by the item of civil process. Only 1 party only 30.00 is collected however 1 item of the civil process is to be served on two parties a fee of 60.00 is collected 3 parties is a fee of 90.00

Arrest of a Juvenile

Juvenile in this case is anyone under age 18 - Notify parent, guardian, etc whenever take juvenile into custody - Notify parent, guardian, etc within 24 hours whenever charge a juvenile - Notify principal if juvenile is in middle school or under and has committed a felony within 5 days

(Pg. 15-16) Name other possible criminal activities that may be associated with alcohol-related offenses.

Lottery laws: · Any person shall open, set on foot, carry on, promote, make or draw, publicly or privately, a lottery, by whatever name, style or title the same may be denominated or known; or if any person shall, by such way and means, expose or set to sale any house, real estate, goods, chattels, cash, written evidence of debt, certificates of claims or any other thing of value whatsoever, every person so offending shall be guilty of a Class 2 misdemeanor which may include a fine not to exceed two thousand dollars ($2,000). Gambling: · Any person or organization that operates any game of chance or any person who plays at or bets on any game of chance at which any money, property or other things of value is bet, whether the same be in stake or not, shall be guilty of a Class 2 misdemeanor. o This section shall not apply to a person who plays at or bets on any lottery game being lawfully conducted in any state. A game of chance is "determined entirely or in part by lot or mere luck, and in which judgment, practice, skill or adroitness have honestly no office at all, or are thwarted by chance. Tobacco Laws: · If any person shall distribute, or aid, assist, or abet any other person in distributing tobacco products or cigarette wrapping papers to any person under the age of 18, or if any person shall purchase tobacco products or cigarette wrapping papers on behalf of a person less than 18 years of age, the person shall be guilty of a Class 2 misdemeanor. · If any person under the age of 18 purchases or accepts receipt, or attempts to purchase or accept receipt of tobacco products or cigarette wrapping papers, or presents or offers to any person any purported proof of age which is false, fraudulent or not actually his or her own, for the purpose of purchasing or receiving any tobacco product or cigarette wrapping papers, the person shall be guilty of a Class 2 misdemeanor.

State the common rationalizations and beliefs that lead to unethical behavior

Loyalty to colleagues before anything else, the public is the enemy, the public is weak, you don't have to obey the law when you are the law

Identify The role of the school director in administering the accredited basic training program

Manage every aspect of blet including keeping record selection of facilities, selection, and availability of equipment, and provision of course materials and supplies, regulating training participation demeanor, attendance, and attendance record. determine the level of training comprehension and retention determine when a student has an instructional deficiency make the final determination if the trainee has minimum knowledge to become a law enforcement officer. determine if you can take the state exam

1. Given a list of commonly encountered controlled substances, identify the correct pharmacological classification and its symptoms.

Narcotics of opioids (opiates): Narcotics or opioids are a class of drugs that act on the central nervous system (CNS) and can produce a sleep-like state and reduce pain of inflammation. Opiates: Are a natural pain remedy derived from the alkaloid of the opium poppy, with several drugs made from this source such as, but not limited to, morphine, codeine, heroin, and opium Opioids: Are synthetic or semi-synthetic drugs that are manufactured to have similarities to opiates. Stimulants: Stimulants also affect the CNS, but unlike narcotic drugs, stimulants create a feeling of excitement, greater energy, and alertness. Depressants: "Depressants are drugs that inhibit the function of the central nervous system (CNS) and are among the most widely used drugs in the world. Hallucinogens: Can alter perception and have the ability to induce intense emotional feelings and cause hallucinations. Inhalants: Often include products that are easily purchased at a store or found in a home. (^Falls into four categories): Solvents, Aerosol sprays, Gases, Nitrates Cannabis: marijuana, is "the dried leaves, flowers, stems, and seeds from the hemp plant, Cannabis sativa Synthetic drugs: The newest group of abused substances includes synthetic, or man-made, cannabinoids24 and synthetic Cathinones, a stimulant

8th Amendment

No cruel or unusual punishment or excessive bail or fines

Third Amendment

No quartering of soldiers

Crimes committed in other states

North Carolina law enforcement officers may arrest a person who flees to North Carolina after the person has committed a misdemeanor or felony in another state if the officers obtain a fugitive warrant for the person's arrest from a North Carolina judicial official

Recognize and identify various types of drug paraphernalia

Pipes of tubes (metal, wooden, acrylic, glass, stone, plastic, or ceramic) Water pipes of bongs Roach clips Miniature spoons, scales, of straws Chillums Cigarette/cigar rolling paper Syringes of cocaine free-based kits

State the function and purpose of civil process.

Primary function: 1. Giving notice 2. preserving the status quo. 3. Providing remedies for parties. 4. Enforcing decisions of the courts.

Fourth Amendment

Protects against unreasonable search and seizure

Sixth Amendment

Right to a speedy trial, does not include right to testify

Seventh Amendment

Right to a trial by jury in civil cases

Second Amendment

Right to bear arms

Terry v. Ohio (1968)

Supreme Court decision endorsing police officers' authority to stop and frisk suspects on the streets when there is reasonable suspicion that they are armed and involved in criminal activity

identify how law enforcement authority is affected by subject matter and territorial jurisdiction

Territorial jurisdiction: territorial jurisdiction refers to the geographical area in which law enforcement officer is empowered to act subject matter jurisdiction: refers to the types of crime for which officers are authorized to arrest

Miranda v. Arizona

The accused must be notified of their rights before being questioned by the police

compare and contrast human trafficking and human smuggling.

The key distinction between human trafficking and smuggling lies in the individual's freedom of choice. A person may choose and arrange to be smuggled into a country, but when a person is forced into a situation of exploitations where their freedom is taken away they are a victim of human trafficking

Tenth 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.

State how to access the North Carolina administrative office of the court's standard forms for civil process and describe the standard fee for service of that process by law enforcement.

The referenced form number can be entered in the form number field on the AOC'S webpage and a copy of that civil process will be retrieved in fillable PDF format.

Investigative Stop (Terry Stop)

Under the Stop and Frisk law, an officer can only make an investigative stop if the officer has reasonable suspicion that the person stopped was committing, is committing, or is about to commit a law violation.

Graham vs. Connor

Use of Force Case Law Reference CONSIDERATIONS: -Severity of crime -Subject poses immediate threat -Subject actively resisting REASONABLENESS: • Judged from the perspective of a reasonable officer • W/O 20/20 hindsight • Based on facts/circumstances confronting ofc w/o regard to the ofc's intent or motivation •Based on knowledge ofc acted properly under est law @time

1. (Pg. 2-4) Recite five (5) items an officer should be aware of before the first day in court, as provided in the lesson plan.

Where to park the vehicle while in court,Where are the bathrooms and the place where other officers,How to get to see the district attorney (D.A.) in advance about a case,The function of all court personnel.Where to sit while waiting for cases to be called for trial,Where to stand while summarizing the evidence in a case when the defendant pleads guilty?,Where and how to get copies of the court docket for that day?,An experienced officer should advise the new officer of any particular policies of the judge or district attorney.

Inculpatory statement

_____ statement tends to establish guilt

double jeopardy

a person cannot Being tried twice for the same crime

search or seizure

a person has been seized when under the circumstances a reasonable person in their position would not feel free to walk or drive away from a law enforcement officer, a person is seized at the point that they submit to an offices command to stop or when they are stopped physically restrain by an officer

consent by a person who has reasonable expectation of privacy

a person may wave 4th amendment rights to be searched. once consent is given they may invade privacy to the extent that person consented person can revoke any time during consent search

anticipatory search warrant

a warrant obtained based on probable cause and on an expectation that sizeable items will be found at a certain place

Identify the following police-citizen encounters:

a) (Pg. 25-26) Voluntary contact: a. Officers need no justification to approach a citizen. However, during these voluntary encounters, officers must limit their actions toward the citizen to avoid creating a seizure. They should involve non-confrontational language, avoid physical contact with or movement of the citizen, no frisk citizens, and take steps to let the citizen know they are free to leave and are not under arrest. b. To lawfully conduct a voluntary encounter an officer need only approach a citizen and engage in conversation, including asking questions to get information. It is important to let the citizen control her environment in order to keep the encounter wholly voluntary. b) (Pg. 26-30) Investigative detention: a. Officer's must become familiar with the objective factors that justify seizures of any type, whether it is an investigative stop requiring reasonable suspicion or a full custodial arrest requiring probable cause. i. Light of training and experience. ii. Information received from the other officers or citizens. iii. Time of day or night. iv. Whether area is a high crime area. v. Proximity to crime. vi. Whether suspect is a stranger to area. vii. Reaction to officer, including flight. viii. Officer's knowledge of suspect's Officer's observation in prior criminal activity or record. ix. Flight from scene of crime. x. Actions matching a profile of criminal behavior. c) (Pg. 30-31) Arrest: a. An arrest is a more intrusive seizure on a citizen's liberty than an investigative stop; therefore, more proof is required to justify an arrest. An arrest is a seizure for the purpose of initiating criminal prosecution (bringing a person to court to face charges). b. An arrest is complete when "the person submits to the control of the arresting officer who has indicated his intention to arrest, or the arresting officer, with intent to make an arrest, takes a person into custody by the use of physical force."[i] c. Since the purpose of an arrest is much different than an investigative stop, officers may move a suspect against his will, restrain a suspect, transport a suspect, and search a suspect during the arrest process. The type and extent of the searches that can be conducted of a suspect and his property after an arrest will be discussed later in this material. d. Unlike an investigative stop, an officer may not interrogate a suspect without reading Miranda and obtaining a valid waiver. This issue will also be discussed in greater detail later in the material.

Identify the appropriate level of force when given fact scenarios involving deadly and non-deadly force situations.

a) (Pg. 45-46) Use of non-deadly force - G.S. 15A-401(d)(1), provides that an officer is justified in using force—not deadly force—when and to the extent, he reasonably believes it necessary to: 1. Prevent the escape from custody or to effect an arrest of a person who he reasonably believes has committed a criminal offense, unless the officer knows the arrest is unauthorized; or 2. Defend himself or a third person from what he reasonably believes to be the use or imminent use of physical force while effecting or attempting to arrest or while preventing or attempting to prevent an escape. b) (Pg. 46) Objective reasonableness - Graham v. Connor c) (Pg. 46-51) The use of deadly force - G.S. 15A-401(d)(2), is much more restrictive. The authority to use deadly force depends on the nature of the circumstances the officer faces at the time such force must be used. The use of deadly force must be "reasonably necessary" under the circumstances: 1. To defend himself or a third person from what he reasonably believes to be the use or imminent use of deadly physical force. 2. To prevent the escape of a suspect from custody who he reasonably believes is attempting to escape by using a deadly weapon. 3. To effect an arrest or prevent an escape from custody of a person who, by his conduct of any other means, indicates that he presents an imminent threat of death or serious physical injury to others unless apprehended without delay. 4. To prevent the escape of a person from custody imposed upon him as a result of conviction for a felony.

12. (Pg. 51-59) State the scope of the following warrantless searches:

a) Consent searches of persons, premises, or vehicles 1. The scope of the search depends on the terms of the consent given to the officers. A person giving consent may also limit that consent in any manner, including limiting the duration, location, and scope of the search. ("You may search the first floor of my house, but nowhere else.") Also, during a consent search, the person who gave consent may tell the officers to stop at any time. b) Searches based on probable cause and exigent circumstances 1. When exigent circumstances exist to make an arrest, officers may enter the defendant's or third party's home or other place of residence even though they do not have an arrest warrant, search warrant, or consent. Although the term "exigent circumstances" is not easily described, it generally means that officers need to act immediately 2. Factors to consider in determining if exigent circumstances exist include: i. Hot pursuit of a suspect ii. Danger to the public or law enforcement outside or inside the dwelling of an immediate, warrantless entry is not made iii. The need to prevent the imminent destruction of evidence iv. The need to prevent the suspect's escape v. Whether the suspect is armed vi. The gravity of the offense for which the suspect is being arrested; exigent circumstances will rarely be found to justify entry into a home to arrest for extremely minor offenses, particularly offenses not punishable by imprisonment. c) Searches and seizures based on the plain view doctrine a. There are three (3) basic requirements for a legitimate plain view seizure: i. The officers are lawfully in a position from which they view an object; and ii. The incriminating character of the object is immediately apparent (i.e., they have probable cause) iii. The officers have a lawful right of access to the object. b. The plain view rule does not necessarily authorize a warrantless entry into private premises. The plain view merely provides an observation an officer can use to establish probable cause

1. (Pg. 4-5) Name and describe, in writing, the three (3) sources of law.

a) Constitutional law: The basic law of the land. This document sets forth the fundamental principles for government, including grants and limitations of power. All other laws must comply with the basic constitutional provisions. It also includes judicial interpretations of the constitution, which are set forth in judicial decisions. Each state also has its own constitution, generally modeled after the United States Constitution. A typical state constitution: 1) Describes the basic organization of the state government, including the legislative, judicial, executive, and administrative branches. 2) Establishes basic rights of citizens of the state 3) Makes provisions for amendments and for legislative enactments. b) Statutory law: Written laws enacted by the legislative branches of the state or federal governments are called statutes. It declares, command, or prohibits something. It is the written will of the politically elected legislature, which in this state is the North Carolina General Assembly. Courts interpret the meaning of the statutes. c) Common law: Is judge-made law. Judicial decisions may establish rules and principles where the legislature has not enacted statutes, or where a statute needs clarification or interpret Legislatures and voters must enact or ratify constitutions or statutes for them to become effective. (Ex. Conspiracy and involuntary manslaughter.)

20. (Pg. 106-107) State how non-custodial interview techniques can be used to obtain lawful confessions.

a) Inform the suspect that she is not under arrest b) Do not surround the suspect with officers c) Do not display weapons during questioning d) Inform the suspect that she is free to discontinue the interview and leave at any time; document all facts in your notes that support noncustody. e) Allow the suspect to make phone calls, have a cigarette, and have food and beverage; if applicable, offer her a ride home, do not over-supervise the defendant. f) Interview the suspect in an environment familiar to her, do not use interrogation room setting. g) Allow the suspect to have family members or friends present during questioning. h) If "non-custody " is challenged at a suppression hearing, officer should encourage the district attorney to insist on detailed "finding of facts". Consider interviewing the person at a neutral place - a coffee shop, etc

1. State the North Carolina statutory requirements for:

a) Pg. 34-35) G.S. 15A-401 - making a warrantless arrest; a. Offense committed in the presence of the officer: i. An officer may arrest without a warrant any person who the officer has probable cause to believe has committed a criminal offense in the officer's presence. b. Offense committed out of presence of the officer: i. An officer may arrest without a warrant any person who the officer has probable cause to believe: 1. Has committed a felony; or 2. Has committed a misdemeanor, and: a. Will not be apprehended unless immediately arrested, or b. May cause physical injury to himself or others, or damage to property unless immediately arrested; or 3. Has committed the misdemeanor offense of concealment of merchandise, domestic criminal trespass, impaired driving in a commercial vehicle; or 4. Has committed the misdemeanor offense of simple assault, simple assault and battery, simple affray, assault inflicting serious injury or using a deadly weapon, assault on a female, or assault by pointing a gun when the offense was committed by a person with whom the alleged victim has a personal relationship as defined in the domestic violence statute; or 5. Has committed the misdemeanor offense of violation of a valid domestic violence protective order; or 6. Has violated a pretrial release order ii. Upon making an arrest, a law enforcement officer must: 1. Identify himself as a law enforcement officer unless his identity is otherwise apparent. 2. Inform the arrested person that he is under arrest, and 3. As promptly as is reasonable under the circumstances, inform the arrested person of the cause for the arrest, unless the cause appears to be evident. b) (pg. 31-32) G.S. 15A-404 - a citizen detention; a. A private person may detain another person when he has probable cause to believe that person detained has committed in his presence: i. A felony ii. A breach of the peace iii. An offense involving physical injury to another person, or iv. An offense involving theft or destruction of property b. The private person must immediately notify law enforcement and must, unless he releases the person earlier as required, surrender the person to the law enforcement officer. c. The detention must be in a reasonable manner considering the offense involved and the circumstances of the detention. c) (Pg. 32) G.S. 15A-405 - assistance to enforcement officers by private persons to effect arrest or prevent escape. a. North Carolina law allows a private citizen to assist law enforcement officers in making arrest and preventing escapes from arrest, when requested by a law enforcement officer. b. The citizen is not legally obligated to assist. c. If the citizen chooses to assist, that citizen has the same power as the officers to arrest and prevent escape. d. The citizen is not subject to criminal or civil liability when lawfully providing this assistance and is entitled to worker's compensation coverage if injured.

1. Name the three (3) different categories of crowds and give an example of each.

a) Physical crowd · The physical crowd can also be called a conventional crowd or casual crowd. They are characterized by density of contact showing no significant group behavior. The physical crowd has little or no organization, no unity of purpose, its members come and go, and have no common bond. (Example: mall or major festival-type event). b) Psychological crowd · Is an assemblage of people who have a sustained common interest and respond emotionally to the same stimuli. (Example: ball game, political speech, parades, fires, accidents or disturbances) o Sightseer or sightseeing crowd: This crowd is characterized by their common bond (a single purpose for being at a certain place). They are characterized as curiosity seekers, mostly cooperative, and sometimes anxious to assist. Officers must retain their cooperation while attempting to disperse them. One must determine an appropriate action. Some groups may respond to a stern warning or direction, while this same action may set off another group. The best course of action is to start with diplomacy and gain their cooperation. Also, taking away the "show" or focal event will often help this crowd to disperse on its own. o The expressive or agitated crowd: Are involved in some kind of expressive behavior, such as a block party or political rally. This type of crowd is emotionally involved and can easily become agitated if approached improperly. For the most part, they want to have a good time or express their point of view. If possible, and as long as there is no breach of peace, it is best to let the crowd release their energies by permitting them to express themselves. § Expressive or agitated crowds are an unorganized group of people willing to be led into lawlessness but hesitate to act because it lacks · Organization · Courage · Unity c) Mob · Mob (hostile/aggressive): A mob is a crowd whose members, under the stimulus of intense excitement and agitation, lose their sense of reason. They can also lose respect for the sense of order, law, and respect for each other. This type of crowd is a riot under NC law. o Escape mob: A highly emotionally charged crowd driven by fright describes the escape mob. People involved are driven by an overpowering fright, which creates an emotional, unreasonable, and frantic behavior driving the crowd to seek safety. This type of mob is extremely difficult to control because the group, even though together and acting as one, is interested in individual survival o The aggressive mob: This is a mob that will attack, riot, and terrorize others. The aim of the mob is the destruction of property and physical attacks on persons. The actions of the crowd or the sight of blood often drives them to a frenzy o Acquisitive mob: This mob has the desire to acquire something. (Example: The looting of food or merchandise, the taking or attempting to take an officer's prisoner.) A prisoner taken by officers in a bar or loud party call can also be the target of the crowd as they try to regain control of their peer. When making an arrest, officers must take action to remove prisoners or other persons in custody as soon as possible to help defuse the focus of this type of group. o Expressive mob: An expressive mob is a group expressing intense feelings or revelry. Usually follows some special event. This type of crowd can show itself at your local high school football game. This type of mob can be very destructive. o Flash mobs: A flash mob is a group of strangers who organize themselves, using electronic media such as cell phones or the Internet, to gather together in a public place, behave in a predetermined manner for a predetermined amount of time, and then quickly disperse.

1. Identify standard and improvised lab equipment used in methamphetamine production.

a) Pyrex, glass or Corning ware containers, mason jars, or other kitchen glassware b) Plastic soda bottles c) Rubber tubing d) Dust or respiratory masks and filters e) Funnels f) Rubber gloves g) Large plastic storage containers or tubs h) Coffee filters or other items used to strain liquid, such as bed sheets. These may be stained red. i) White powder residue j) Sheets or other covers on windows k) Gas cylinders

19. (Pg. 108-109) Identify and explain the exceptions to the Miranda requirement.

a) Routine booking questions. b) Public safety exception c) Spontaneous, volunteered statements d) Custodial or noncustodial questioning

14. (Pg. 70-71) Identify the legal requirements governing preparation and execution of a search warrant for a suspect's premises, vehicle, or person.

a) The officer who executes a search warrant does not have to be the officer who applies for the warrant. Therefore, the descriptions of the premises, persons, or vehicles to be searched and property to be seized must be sufficiently detailed so that an officer executing the search warrant does not search or seize the wrong person or property. b) It does not matter who completes the application for the search warrant as long as it accurately represents the facts known to the applicant. Thus, an officer may (and usually does) fill out most or all of the application before bringing it to the magistrate for approval. The justice, judge, or magistrate before whom the warrant is brought for signature will question the applicant under oath about the circumstances giving rise to her belief that there is probable cause to believe illegal items are located in a certain place. c) In addition to the applicant officer, other officers, informants, and citizens may come before the judicial official to testify in support of the warrant application. Instead of such testimony, civilians and/or officers can sign affidavits which must be attached to the warrant application. · Who may issue a search warrant? o Judicial officials o Appellate and super court judges (Valid anywhere in state) o District court judges (Valid within district) o Clerks and magistrates (Valid in county)

10. (Pg. 33-34) State the statutory requirements for conducting an arrest with a warrant.

a) When the officer has the warrant in his possession may arrest the person named or described therein at any time and at any place within the officer's territorial jurisdiction. b) When warrant exists but is not in the officer's possession may arrest the person named therein at any time. The officer must inform the person arrested that the warrant has been issued and serve the warrant upon him as soon as possible." This applies even though the arrest process has been returned to the clerk.

1. (Pg. 23-32) State the definitions of "reasonable suspicion" and "probable cause."

a. Purpose of an Investigative stop- is to determine whether there is probable cause to believe that: i. A crime has or is being committed; and ii. The suspect has probably committed the crime b. Legal standard for Investigative Stops - Reasonable Suspicion i. Terry established that when an officer develops reasonable suspicion to believe criminal activity is afoot, he can conduct a brief investigative stop. ii. Reasonable suspicion is a "minimal level of objective justification" more than a hunch, but less than probable cause. iii. In ascertaining whether an officer had a reasonable suspicion to make an investigatory stop, the court must consider the totality of the circumstances. The stop must be based on specific and articulable facts as well as the rational inferences from those facts, as viewed through the eyes of a reasonable, cautious officer, guided by his experience and training. iv. A generalized suspicion, or hunch, is insufficient to justify an investigative stop. c. Legal standard for arrests - probable cause i. To be lawful, arrests must be supported by probable cause. "Probable cause requires a showing considering the totality of the circumstances that a crime was probably committed, and the defendant probably committed it. ii. The United States Supreme Court has defined probable cause to arrest as follows: whether at the moment the arrest was made, the facts and circumstances within the officer's knowledge and of which the officer has reasonably trustworthy information were sufficient to warrant a prudent person in believing that the defendant had committed or was committing an offense. iii. Private citizens authority to detain offenders and to assist law enforcement officers.

1. (Pg. 19) State the criminal and civil consequences law enforcement officers may face as it relates to violating a citizen's constitutional rights:

a. Territorial jurisdiction refers to the geographical area in which a law enforcement officers is empowered to act. i. Statewide - Officers may arrest anywhere within the state 1. NCSHP 2. North Carolina Division of Motor Vehicles (DMV) officers, agents, and inspectors 3. North Carolina State Bureau of Investigation (SBI) 4. North Carolina Alcohol Law Enforcement (ALE) agents 5. NC Wildlife Enforcement officers 6. North Carolina Probation and Parole officers ii. Local 1. Sheriffs and their deputies - may arrest within the county, on county property outside the county, and anywhere in the state for felony committed in the county. Consolidated county-city law enforcement agencies also have this jurisdiction 2. City police officers - may arrest in the city in which they serve, in the area within one (1) mile of the city limits, and on city property outside the city. 3. Alcohol Beverage Control (ABC) officers employed by county or city ABC boards - ABC officers employed by county may arrest anywhere in the county in which they are employed. ABC officers employed by the city may arrest anywhere in the county in which they are employed, unless limited by a special legislative act that governs the city's ABC system. 4. Company police officers - may arrest on property owned or possessed and controlled by their employer. 5. Campus police officers - Territorial jurisdiction of campus police of private colleges and universities, UNC system institutions, and community colleges, includes the property owned or leased by the educational institution that employs them, and the portions of public roads passing through or immediately adjoining their property. iii. Immediate and continuous pursuit: If offender committed any criminal offense for which the officer can arrest within his or her jurisdiction, the officer can pursue the offender anywhere in North Carolina and make the arrest and cannot stop to do something else and must maintain sight of the offender at all times (G.S 15A-402). 1. Officer can pursue and arrest outside of North Carolina: a. Georgia, Virginia, South Carolina, or Tennessee. b. For a suspected felony committed in North Carolina iv. Subject matter jurisdiction: Refers to the types of crimes for which officers are authorized to arrest. 1. Arrest for any crime a. ALE agents b. SBI agents c. Sheriffs and their deputies d. City police officers e. Local ABC officers f. Company police officers g. Campus police officers 2. Limited subject matter jurisdiction a. Highway Patrol officers b. DMV officers, agents, and inspectors c. Wildlife enforcement officers d. Probation and Parole officers

Name and describe the 3 sources of law a. constitutional law b. statutory law c. common law

a. the basic law of the land is the United States constitution( supreme law of the land) b. Statutory law is written laws enacted by the legislative branches of the state( NC general assembly) or federal governments are called statutes. it commands, declares or prohibits something. c. common law is judge made law, is commonly referred to as case law

identify the following police-citizen encounters a. voluntary contact b. investigative detention c. arrest

a. voluntary contact: To lawfully conduct a voluntary encounter and offer can approach any citizen including asking questions to get information. no jurisdiction needed. let citizen control environment keep wholly voluntary do not make them feel as though they are not free to leave. to not threaten arrest if they refuse to end the encounter. b. Investigative detention: to determine whether there is probable cause to believe that 1 a crime has been committed and that the suspect has committed the crime. c. arrest: an arrest is complete when the person submits to the control of the arresting officer who has indicated his or her intention to arrest or takes the person into custody by use of physical force must-read Miranda rights if intend to interrogate

identify both commission requirements for certification as a law enforcement officer to include a. criminal history b. applying for certification c. maintaining a certification

a. you must disclose all criminal history rather its disqualifying or not, not all charges are disqualifying b. after you complete all hours of belt and successfully pass the state comprehensive exam. your paperwork will be sent to the commissions and standards for review and verification c. must maintain full-time or part-time employment with qualifying law enforcement or other qualifying agency.

Subject Matter Jurisdiction-jurisdictional authority to arrest for any type of crime

ale, Sbi, sheriff and deputies, city police, local ABC officers, company police officers, campus police officers

Outside Curtilage

an area of land attached to a house and forming one enclosure with it.

Voluntary Encounters

an officer need only approach a citizen and engage in conversation, including asking questions to get information.

Caretaker

any person other than a parent, guardian or custodian who has responsibility for the health and welfare of a juvenile in a residential setting

state the North Carolina statutory requirements for a. gs 15a-401 make warrantless arrests b. gs 15a-404 a citizen detention c. gs 15a-405 assistance to law enforcement officers by private persons to effect arrest or prevent escape continued

b. Detention of offenders by private persons. (a) No Arrest; Detention Permitted. - No private person may arrest another person except as provided in G.S. 15A-405. A private person may detain another person as provided in this section. (b) When Detention Permitted. - A private person may detain another person when he has probable cause to believe that the person detained has committed in his presence: (1) A felony, (2) A breach of the peace, (3) A crime involving physical injury to another person, or (4) A crime involving theft or destruction of property. (c) Manner of Detention. - The detention must be in a reasonable manner considering the offense involved and the circumstances of the detention. (d) Period of Detention. - The detention may be no longer than the time required for the earliest of the following: (1) The determination that no offense has been committed. (2) Surrender of the person detained to a law-enforcement officer as provided in subsection (e). (e) Surrender to Officer. - A private person who detains another must immediately notify a law-enforcement officer and must, unless he releases the person earlier as required by subsection (d), surrender the person detained to the law-enforcement officer. (1973, c. 1286, s. 1.)

nontestimonial identification order

by fingerprints, palm prints, footprints, measurements, blood specimens, urine specimens, saliva samples, hair samples, or other reasonable physical examination, handwriting exemplars, voice samples, photographs, and lineups or similar ...Are requested by DA, issued by District/Superior Court judge must be served 72 hours before time designated

state the North Carolina statutory requirements for a. gs 15a-401 make warrantless arrests b. gs 15a-404 a citizen detention c. gs 15a-405 assistance to law enforcement officers by private persons to effect arrest or prevent escape continued

c. North Carolina law allows a private citizen to assist law enforcement in make arrests and preventing escapes from arrest when requested by a law enforcement officer. 2 the citizen is not legally obligated to assist. 3. if the citizen chooses to assist that citizen has the same power as the officers to arrest and prevent escape.4. the citizen is not subject to criminal or civil liability when lawfully providing this assistance and is entitles to workers compensation coverage if injured

foreign nationals

consular notification must be made

foreign diplomats

diplomatic immunity is a principle of international law by which certain foreign government officials are not subject to the jurisdiction of the local courts and authorities.

The Carroll Doctrine (Carroll v U.S., 1925)

established that a vehicle can be searched without a warrant if probable cause exists to believe that the vehicle contains contraband.

explosive attacks and truck bombs

explosive theft or sale of large amounts of explosive powder, blasting caps, high- velocity explosive large amount if ammonium nitrate fertilizer

Due Process

following established legal procedures

arrest of deaf person

if a deaf person is arrested for a violations the arresting officer shall immediately procure qualified interpreter.

immediate and continuous pursuit

if an offender has committed any criminal offense for which the offender can arrest within his or jer jurisdiction the offer can peruse the offender anywhere in North Carolina and make an arrest

List the procedures to follow for basic consular notification upon the arrest or detention of a foreign national as required by the united states department of the state

if foreign national country is not on the list of mandatory notification countries and jurisdictions a. use statement 1 without delay consular officers notified and may communicate with them, b. requests that the consular officer be notified, notify nears embassy. c. forward any communication from the foreign national to his or her consular officer without delay.

List the procedures to follow for basic consular notification upon the arrest or detention of a foreign national as required by the united states department of the state cont

if the foreign national country is on the list of mandatory notification a. notify that county nearest consulate without delay of the arrest or detention b. statement 2 without delay ay communicate with consulate.

officer can pursue outside North Carolina when

in Georgia, Virginia south Carolina, or Tennessee for a suspected felony committed in North Carolina

who may issues search warrent

judicial officials, appellate and superior court judges(state), district court judges (district), clerks and magistrates(county)

when can juveniles waive thier Miranda rights

juveniles who are 16 and 17 are allowed to waive their rights under the law as long as the waiver is done knowingly, willfully, and understandingly, juveniles under 16 may never wave the right to have a parent a guardian present

Search of motor vehicle incident to arrest

lungable area may be searched , officer must believe there is evidence in the vehicle which is relevant to the crime being charged

ex post facto laws

make make certain conduct illegal after the fact

arrest of adult supervising children

minors must be placed with responisble adult , if none can be found officer must contact social services

state the statutory procedures officers must follow after making an arrest

must be supported by probable cause taking the totality of circumstances that a crime was committed and that the defendant committed the crime. must use facts at the time. identify themselves as an officer, state why the person is under arrest, and that they are in fact under arrest.

Plain View Doctrine

officers are lawfully in a position from which they view an object and, the incriminating character of the object is immediately apparent ( probable cause), officer have lawful right of access to the object

obesity offenses

only upon request of a DA or assistant DA

Define and describe the dynamics of human trafficking and thier traumatic effects upon victims.

operate on a small, local scale with one trafficker and one victim where there is a little or no connection with other traffickers to a large-scale international business with many different players involved in the trafficking. trauma= coping or survival mechanisms may result in the victim feeling loyalty gratitude or dependence upon an individual related to the trafficking operation

abandonded property

real property, personal property,( must be determined if abandoned) garbage ( no expectation of privacy)

prospective sweep

search of area, limited to areas a perspective attack can occur

who may give consent

spouse, restricted to where another person has expectation of privacy/ parents to minors/tenent not landlord, homeowner can but not a guest quarterns if guest has right to be thier/ employers, except in spots where employee has right to privacy/ driver or owner of vehicle , owner consent trumps anyone in car

NC GS 15A-903 d

states that law enforcement and investigatory agencies shall make available to the persecutor's office a complete copy of the complete files related to the investigation of the crimes committed or the prosecution of the defendant additionally any person who willfully omits or misrepresents evidence or information required to be disclosed by the state to the defend the complete files of the law enforcement agencies involved in the investigation of a crime committed or the prosecution of the defendant shall be guilty of a class h felony. any person who willfully omits or misrepresents evidence on the information required to be disclosed under any other provision such as a notice of expert witnesses testimony or opinion, a written list of the names of all witnesses to be called during the trial, shall ee guilty of a class 1 misdemeanor

Ninth Amendment

states that people's rights are not limited to just those in the first 8 listed in the Constitution. right of privacy in marriage, right of interstate travel, right to participate in political activity

procederal law and substantative law

substantive law defines the rights and duty's of citizens procedural law- specifies the method whereby substantive law is enforced

Fourteenth Amendment

the constitutional amendment adopted after the Civil War that states, "no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

Define sex trafficing

the recruitment, harboring , transportation, provision or obtaining of a person for the purpose of commercial sex act in which the commercial sex act is induced by force, fraud , or coercion, or in which the person induced to perform such act is under 18 years of age.

Demonstrate how to make a proper return of the civil process

the sheriff must certify in his return that the process has been served, showing the place, time, and manner of service this answers the questions of who, where, why , what, how, when.

state the staturtory requirement for conducting an arrest with a warrent

valid thought the state, issued and signed by a judicial official, state the offense, must be returned after 180 days if not served, will still be valid after that

Exigent Circumstances

when there is an immediate threat to public safety or the risk that evidence will be destroyed, officers may search, arrest, or question suspects without obtaining a warrant or following other usual rules of criminal procedure

Neglected Juvenile

· A juvenile who does not receive proper care, supervision, or discipline from the juvenile's parent, guardian, custodian or caretaker or who has been abandoned; or who is not provided necessary medical care; or injurious environment; or placed for adoption in violation of law o Poor or unhealthy living conditions, lack of sanitation o More likely neglect if child is 11 or less. Child over 11 it may be neglect if child is not of normal intelligence

Felony Child Abuse

· A parent or any other person providing care to or supervision of a child less than 16 yrs old · Serious bodily injury: almost died · Serious physical injury: physical injury that causes great pain and suffering and includes serious mental injury

Indecent Liberties between Children

· A person who is under the age of 16 years is guilty of taking indecent liberties with children if the person o Sex with child at least 3 years younger than the defendant for the purpose of arousing or gratifying sexual desire

Contributing to Delinquency and Neglect by Parents ad others

· ANY person who is at least 16 years old who knowingly or willfully causes, encourages, or aids any juvenile · Juvenile may be adjudicated delinquent, undisciplined, abused, or neglected · May charge in additional to child abuse · Delinquent or undisciplined- minimum of 6 yrs old · Abused or neglected- no minimum age · Delinquent is 6-less than 16 (breaks the law) · Undisciplined extends to include 16 and 17 except for truancy (school attendance)

18. (Pg. 109-111) Recite the four (4) Miranda warnings, as well as the additional juvenile warning under G.S. 7B-2101.

· Adult (18 years and older): o You have the right to remain silent, o What you say may be used in court against you, o You have the right to have a lawyer present during questioning, and o You have the right to an appointed lawyer during interrogation is you cannot afford to hire one. · Juvenile o That the juvenile has a right to remain silent; o That any statement the juvenile does make can be and may be used against the juvenile; o That the juvenile has a right to have a parent, guardian, or custodian present during questioning; and o That the juvenile has a right to consult with an attorney and that one will be appointed for the juvenile if the juvenile is not represented and wants representation · Minors who are 16 and 17 are allowed to waive their rights under the law as long as the waiver is done knowingly, willingly, and understandingly. · Minors under the age of 16 can never waive Miranda rights. Parents, guardians, and custodians are also prohibited from waiving these rights for youth. · When the juvenile is less than 16 years of age, no in-custody admission or confession resulting from interrogation may be admitted into evidence unless the confession or admission was made in the presence of the juvenile's parent, guardian, custodian, or attorney

Misdemeanor Child Abuse

· Any parent of a child less than 16 yrs old who inflicts physical injury or who allows physical injury to be inflicted or who creates or allows to be created a substantial risk

Abused Juvenile

· Anyone under 18 years old whose parent, guardian, custodian or caretaker inflicts or allows serious physical injury or substantial risk of physical injury · Commits, permits, or encourages the commission of violation of laws (pg 7-8) · Creates or allows emotional damage · Ex: incest, broken bones, burns, bites, bruises

4. (Pg. 9-13) State five (5) things an officer should do (or refrain from doing) to ensure that courtroom demeanor, dress, and appearance are proper.

· At all times in the courtroom or around the courthouse, a demeanor of "strictly business" should be maintained o Make sure that your telephone or radio is turned off o At all times, sit erect and avoid unprofessional mannerisms such as: § Rubbing the nose § Pulling earlobes § Cleaning fingernails § Playing with keys § Reading, unnecessary talking, etc. § Texting or checking cell phone § Repetitive tapping of fingernails or feet § Drinking, chewing tobacco or gum, or using toothpicks o While on the stand, be mindful of your hands. Some people talk with their hands. Do not allow them to wander freely for no reason. Place them on your lap or the armrest. o When speaking, use correct English and grammar. Do not curse or use slang or street talk unless you are quoting another and notify the attorneys and judge that you are going to quote another person, and the quote includes profanity. o Know your audience. If you are testifying in grand jury, then you are the only person the jurors are listening to. You have their full attention. § If you are testifying in district court, occasionally turn and face the judge when answering a question, without staring at him or her through the entire trial. § In superior court, when answering questions of the district attorney or the defense, turn and face the jury when providing lengthy answers or explanations. § Make eye contact and tell the jury what happened. They are the ones who will decide your case. Look at them, not the notes in your hand, or the attorneys who are asking the questions, or the judge. § If the question only requires a "yes" or "no" response, then continue to look at the attorneys. o Do not use police "jargon." Speak in everyday terms so that the judge and jury will know what is being said. The use of police jargon and codes may sound impressive to an officer, but the judge and jury will be lost. o Taking the oath and beginning your testimony: § Stand up straight with good posture. § Have nothing in the hands (lay notes and citation book on the table beside the Bible). § Place the left hand on the Bible (if swearing) and raise the right hand (be careful not to get the hands reversed). § Answer "I do" loudly, firmly, and sincerely. § Most likely, the first question the district attorney will ask is to, "Please state your name and rank". Answer slowly and clearly so that persons can easily understand. o When referring to the defendant, use the terms "Mr.," "Mrs.," "Ms.," or "the defendant." o You should be well groomed, and your clothes should be neat, clean, and pressed. Wear either a suit, coat, and tie, or uniform. o Display professional conduct in and around the courthouse. Always behave as if prospective jurors are watching you. They will be observing an officer's conduct, which will have an impact on how the officer may be viewed as a witness. o Above all, be courteous to the judge. o You may be familiar with other officers in the courtroom, including the bailiffs and other court security officers. Be professional in your interactions with them, both inside and outside the courtroom. o Do not be surprised by the presence of cameras in the courtroom. This is becoming the norm in serious cases. o Be aware of your facial expressions. Do not roll your eyes or otherwise use expressions to show your displeasure with a question. o Do not show favoritism to either party in the case. o Sequestering a witness - upon a request by a party or on the Court's motion, the judge may order that a witness is excluded from the courtroom so that they cannot hear the testimony of other witnesses. § A sequestered witness must not discuss the case in any respect until the end of the case. If you have been sequestered from the courtroom, ask the court personnel where you should wait until you are called to testify

16 and 17 yr old when charged or in custody

· Charged- notify ASAP by phone or in person · Custody- written notification within 24 hours of the arrest · Charged of felony, school must be notified ASAP but within 5 days via phone or in person · Taken into custody, school must be notified within 5 days written

5. Identify the various methods for deploying chemical munitions, specialty impact munitions, and distraction devices.

· Chemical munitions should only be used when the crowd is disorderly to the extent of throwing objects, physically attacking officers, or there is an imminent threat of either. Any time chemical munitions are used, at least one (1) crowd escape route should be determined before deployment. · Currently, there are four (4) forms of chemical agents used by law enforcement agencies for crowd control: o HC (Hexachlorethane) - Smoke § Conceal movement § Disorient the crowd § Determine the wind direction o CN (Chloroacetophenone) - discovered in 1869 by a German chemist § Odor: like apple blossoms § Incapacitation factor: 10 to 20 minutes. CN is a fast-acting irritant that affects the upper respiratory passages, lacrimal glands, and eyes. The agents usually begin to work in 1 to 3 seconds; however, some people may not be affected for up to 30 minutes. § CN is an irritant that does not affect everyone. This chemical agent may not affect those on drugs or alcohol. § Physiological effects: Irritating to the skin, causing a burning and itching sensation. Flowing of tears, nose irritation - agents especially affect moist areas of the body. § CN is a lacrimal, meaning it affects the lacrimal glands, ducts, and sacs around the eyes and in the nasal and sinus cavities. o CS (Orthochlorbenzalmalononitrile): An irritant agent developed and used for crowd dispersal. Most effective broad-based munition, used primarily outdoors. Causes irritation to the eyes, skin, and respiratory system § Odor: Peppery smell § Incapacitating time factor: produces almost immediate effects in 5 to 10 seconds. Effects can last from 10 to 30 minutes. § Physiological effects · Extreme burning of the eyes, accompanied by copious flowing of tears · Involuntary closing of the eyes · Stinging sensation on moist skin · Runny nose, sinus, and nasal drip · Tightness in the chest and throat. One should observe exposed subjects for respiratory difficulty after exposure. Seek medical treatment if difficulty persists beyond 20 to 30 minutes, or if requested. · Dizziness or swimming of the head. o Oleoresin capsicum (OC) products: One needs to know the type of OC dispersal system they are using. Cone shaped mist systems are effective crowd dispersion systems, while the streams and foams are target specific systems that do not lend themselves to crowd dispersal operations. Stream OC products are very useful in crowd control when used on a controlled scale on specific individuals, such as those identified for arrest-by-arrest teams. Cone shaped misting or fogging systems are more suited for crowd dispersal. OC dispersal systems, which use micro-pulverized powered, which is expelled into the air using compressed gas, are useful in dispersing crowds. § Odor: spicy, peppery smell § Incapacitation factor for stream-based OC systems · Acts immediately on most individuals; those individuals under the influence of drugs, heavy alcohol, or experiencing severe mental problems may be able to ward off the effects for a time. · Almost total incapacitation of some subjects. · Incapacitation usually limited to the one sprayed. · Foggers and powered based munitions affect the breathing ability of the exposed individual more than the eyes, which makes them better crowd dispersal systems. § Physiological effects · Burning sensation to the eyes · Irritation to the nasal passages and throat · Tight feeling around the chest § Stream-based OC products may be best used by arrest teams to target persons singled out for arrest because of their incapacitating ability. · Chemical munitions identification chart Name Color Code Uses Smoke Yellow Used to obscure vision and determine wind direction CN Red Used to disperse crowds or on barricaded subjects CS Blue Riot agent OC Orange Best used by arrest teams; currently not applied on a broad basis in crowd control these agents will not be used as riot agents; however, they may be encountered when other agencies respond to assist during periods of civil disorder CR Violet Irritant and sickening agent DM OD Green Sickening agent; also called "Adamsite." § Two (2) additional resources available to officers in crowd dispersal are the Special Impact munitions, known as SIMS and distraction devices, sometimes referred to as "flash-bangs". o Use of special impact munitions (SIMS) § Move or route a crowd § Cover formation movement during violent demonstrations/riot § Takedown targeted subjects for arrest § Stop potential violent attackers from hitting officers o Types of special impact munitions § Bean bag rounds § Rubber bullets § Rubber pellets § Rubber baton rounds § Foam rounds § Wooden baton rounds § Sponge rounds § Sting-ball grenades - can be fortified with chemical agents, giving it both chemical and SIMS capabilities. o Physiological effects: Deploying officers must use caution when deploying these munitions. As with any impact weapon, officers must avoid striking areas of the body, which may cause death or serious injury. Those areas are the chest, solar plexus, head, spine, neck, groin, and major joints. o First aid steps: Subjects, who are struck with special impact munitions, should be medically cleared before being confined to a detention facility. Since it is difficult to determine the nature of internal injuries that a subject has sustained from the use of SIMS, they should be examined at a hospital before being incarcerated. Lacerations and other visible wounds should be treated using standard first aid measures until more advanced medical treatment can be administered § Distraction devices: These devices use a low order explosive to create a light and sound that momentarily blinds and distracts subjects. These effects capitalize on the panic or fear mentality and will give control forces time to move in and disperse a crowd, or the device alone may assist in this process. Note: as with any special munitions, only those officers trained in the use should deploy such devices o Psychological effects (mental distraction) § Diverts or confuses the crowd. § May believe that an explosive has been used. This trick or ruse gives control forces time to act, while the crowd's attention is diverted or preoccupied with "survival" thinking. § Creates fear and may cause some in the crowd to flee, thereby reducing the number of individual control forces dealt with. § Affects the ability of some people to reason due to the sensory overload. o Physiological effects: Physical distraction, which is one that the body simply cannot control when exposed to a perceived danger or stimulus that creates fear. § Visual effects · Flash of brilliant light that may cause individuals to be unable to focus and be disoriented for up 10 to 30 minutes. § Auditory effects · The loud sound or over pressure created by the distraction device, which causes a slight ringing in the ears and may cause short disturbances in one's equilibrium § Potential hazards · Officers should avoid using them in the vicinity of children and the elderly, due to their sensitive health · Fire hazard - the munitions use a small explosive charge, which causes a brilliant momentary flash (fire ball), which may ignite flammable materials. · Smoke may add to confusion for control forces as well as rioters. · Secondary ballistic projectiles - a piece from the munitions or an object may be propelled by the distraction device, which may cause injuries. · Hearing problems - exposure to multiple devices, particularly in a closed space, may result in some hearing loss. Ear protection may be needed in this case. · Failure of munitions to initiate, resulting in the device being thrown back at control forces.

Petition

· Contains the name and last known address of the juvenile's parent/guardian · The petition does not authorize taking into physical custody of juvenile (Need court order)

(Pg. 36-37) State the role of law enforcement as it relates to in the issuance of various forms of criminal process.

· Criminal summons: Charges a crime and orders the accused to appear in court on a designated time and date to answer to the charges against him. The accused is not arrested on a criminal summons, but instead served the summons to appear in court on a specified date. · Magistrate's order: An officer must take a person arrested without a warrant to a magistrate so that the magistrate may determine whether to issue a magistrate's order. A magistrate's order is a document that charges a person with a criminal offense; it is issued only if the magistrate determines that probable cause exists to believe that a criminal offense was committed, and that the defendant committed that offense. · Order for arrest: Process issued by a judicial official that orders a law enforcement to take a named person into custody. · Officers usually appear in person before a magistrate to present under oath the facts which justify the issuance of the warrant or other process charging a criminal offense or offenses.

Chapter 7B

· Disposition (sentencing): known as "protective supervision" · Petition: a charging document for juveniles (child form: warrants, magistrate order, summons, citations) · Juvenile court, defendant referred to as juvenile · Adjudicated means "found guilty"

Transfer of jurisdiction to Superior Court

· District court may transfer jurisdiction over juvenile 13 yrs or older to superior court, if they juvenile was at least 13 yo when they committed the crime · Decision to transfer jurisdiction of felonies committed by juveniles to Superior court, rest solely with the district court judge · Class A felony MUST be transferred if there is finding of PC · If transferred, fingerprints will be taken and sent to SBI and DNA samples be taken · PC and transfer hearings are separate · PC hearing must be held within 15 days

Duty to Report

· Every person has a legal duty to report facts which lead the person to suspect that a juvenile is abused, neglected, or dependent, or has dies as the result of maltreatment. Any person or institution who has cause to suspect any of these circumstances to exist MUST report to DSS · Where a report is received of child sexual abuse in a day care facility or home, DSS MUST notify SBI within 24 hours or the next working day

21. State how the Fifth Amendment and Sixth Amendment rights protect suspects during interrogation by law enforcement officers.

· Fifth Amendment: Gives rise to Miranda rights. A person in custody has the right to counsel before interrogation or questioning can begin. However, if the officer does not have to interrogate, then the officer should not advise the person in custody of those rights. Under the 5th amendment rights, the officer can still talk with the person in custody about other crimes not related to what he is charged with. · Sixth Amendment: The accused shall enjoy the assistance of counsel for his defense. Once the accused invokes his 6th amendment rights, he cannot be questioned about any crime without the presence of his attorney.

4. Demonstrate proper crowd control formations, using the riot baton to control/restrain crowd movement.

· Grip, stances, and footwork o Basic grip: During crowd control situations, the baton is normally held using the two-handed grip. The right-hand grips the end of the baton. The left-hand grips the barrel of the baton approximately 12 inches from the tip. If a thong or lanyard is attached to the baton, do not wrap it around your fingers, wrist, or hand. o Parade rest position: "Parade rest" is the relaxed and ready position. The feet are shoulder width apart. The left palm is facing out. The right palm is facing toward the body. The hands are approximately 6 inches from the end of the baton. o Port position: The "port" position is a ready position. The right hand and forearm are parallel to the ground. The left hand is level with the left shoulder. The striking end of the baton bisects the angle between the neck and left shoulder. The baton is held approximately 8 inches from the body. The feet are shoulder width apart. o On guard position: Most movements are initiated from the "on guard" position. The feet should be placed approximately shoulder width apart, with the left foot about 12 inches forward of the right foot. The weight should be equally distributed on both feet with the legs slightly bent, and the baton is held approximately 6 inches in front of the body and at a 45-degree angle. The body is bent slightly at the waist. The left is bent and parallel to the ground so that the forearm protects your throat area. o To move forward from the "on guard" position, move the left foot forward and then bring up the right foot in a shuffle motion. o To move backward, move the right foot to the rear and then slide the left foot backwards in a shuffle motion. o To circle to the left, move the left foot to the left as you pivot on the right foot. o To circle to the right, move the left foot to the right as you pivot on the right foot. o To move sideward to the left, move the left foot to the left and then move the right foot. o To move sideward to the right, move the right foot to the right and then move the left foot. · Primary target striking areas. The same considerations discussed in the baton section of the Subject Control Arrest Techniques lesson plan apply to the use of the riot baton. When deadly force is not justified, all strikes are to be directed to the center muscle mass areas of the opponent's body that are not likely to result in lethal or serious injury. Center muscle mass does not include the joints of the extremities. These are: o Center muscle mass of the arm o Center muscle mass of the leg o Center muscle mass of the body · Striking motions using the riot baton o Jab or short thrust. Slide forward with your left foot. At the same time, quickly thrust the tip of the baton forward and strike the opponent in the pit of the stomach. After striking the blow, return quickly to the "on guard" position to prevent the baton from being grabbed o Two-handed push. This is not a blow as such, but a technique which can be used to push or hold back an individual. Slide forward with your left foot and quickly extend both arms, holding the baton in a horizontal position and push the opponent. Immediately return to the "on guard" position to prevent the baton from being grabbed. You should also be prepared to follow with a butt stroke if the baton is grabbed. Several officers employing this technique in a formation can push or hold back a fairly large group. o Butt stroke. This blow is generally delivered upward or sideward using that portion of the baton below the right hand. Slide forward with the left foot while you drive the butt of the baton towards the opponent's midsection with the right hand. At the same time, pull the barrel of the baton back towards you with the left hand. In this manner, the baton is used as a lever to gain additional power. o Reverse jab. This technique is generally used as a follow-up to the butt stroke. Following the butt stroke, drive the barrel end of the baton toward the opponent with the left hand. o Strike to the center muscle mass of upper and lower leg. Slide forward with the left foot. As you start the strike, allow the left hand to slide down the barrel of the baton to a position alongside the right hand. Complete the motion by striking the center muscle mass of the upper and lower leg. · Blocking motions using the riot baton o Against an opponent's left punch. Deflect the punch upwards and to the right of your body. Strike if necessary and appropriate. o Against an opponent's right punch. Snap the tip of the barrel upward and outward to your left, deflecting the blow off to the side. Strike if necessary and appropriate. o Against an opponent's uppercut. Twist the baton to the horizontal position and thrust it downward to block the punch. Strike if necessary and appropriate. o Against an opponent's kick. Pull the left knee backwards while at the same time thrusting the baton downwards to block the kick. Strike if necessary and appropriate. · Initial officer/small agency response formations: o Initial response/mini-formations § Use of basic cover-contact approach to begin building the formation § Initial or point officer is the contact officer · Advises other officers of being in charge · Does the talking · Makes any order to disperse · Decides to effect an arrest. Remember, we do not have to make the arrest today and should only do this as a last resort. § The second officer takes a cover position to the right or left of the contact officer and one (1) pace back. This officer is responsible for watching the crowd for dangers and covering the point/contact officer § The third officer takes a position to the left or right of the contact/point officer and opposite of the second officer. § The fourth officer takes a rear guard position, directly behind the contact/point officer, two (2) paces directly behind the contact/point officer. This officer needs to be more flexible in them movements/actions to allow for the protection of the rear of the formation. They may also have to walk backward. § This gives the initial responding officers 360-degree coverage for officer safety and allows officers to work as a team, instead of being spread throughout the crowd. § Supervisor/fifth arriving officer - the supervisor or fifth officer will assume a position in the center of the formation. She acts as a controlling mechanism to maintain the squad's integrity and controls a prisoner in the event an arrest is made. She may also be used to deploy controlled burst of chemical/specialty munitions to help with withdrawal of the formation. § Additional responding units will form a diamond formation, with riot gear on in the event they are needed to assist the primary team. This may be necessary to help the initial units to withdraw, or to rescue them if necessary and to disperse the crowd if it is needed. This group must form up out of sight of the crowd, or they may incite them to become disruptive. § The four-officer diamond is an excellent formation for small agencies to use when dealing with crowds. All four (4) officers can be placed in one (1) mobile unit to respond, or use two (2) units, with two (2) officers each. This reduces the number of patrol vehicles needed, and the number of potential units damaged, should rioters attack them. · Additional arriving units: These units should respond to an area close to the scene, but out of sight so as not to have too many officers on scene and possibly escalate the situation. While at the staging area these units should form their mini-formations and prepare to: o Establish a safe withdrawal area should they have to move in and assist the primary team with withdrawal. o Prepare to enter the crowd if necessary, with organized formations and protective and dispersal equipment. o Coordinate the isolation of the affected area. o Extract/cover withdrawal of initial team should the crowd become hostile and attack them. o Acts as a dispersal team should it become necessary to use force to break up the crowd. · Mini-formations o Three (3) officer wedge o Four (4) officer diamond o Combining of two (2) mini-formations into a basic 6 to 8-person team · Additional uses of mini-formations o Rescue teams o Special arrest teams o Special dispersal teams, utilizing chemical and or special impact munitions. · Larger riot control formations o Squad: A squad should not be less than eight (8) or more than twelve officers. One (1) member should be designated as the leader. Smaller units may be used by smaller agencies, but units of less than four (4) officers will not be very effective against large crowds. It is recommended they only be deployed in the diamond formation. When additional units arrive, two (2) diamonds can be easily combined to form a basic eight-person squad. o Platoon: A platoon should consist of three (3) or four (4) squads. One (1) officer should be designated as the leader. Three (3) platoons form one (1) company. o Formations: The line, the echelon (right and left), the wedge, and the diamond; rapid and uniform response to commands is essential. An additional formation is the arrest circle, used to protect arresting officers and not crowd dispersal. In the arrest circle, officers are facing outwardly toward the crowd and not the arrest activity within the circle. o Vehicles: Vehicles should be located where they can quickly maneuver to block oncoming vehicular assault on the riot formation · Withdrawal of control forces: o Withdraw § Make a tactical withdrawal from an area. § Do so in an orderly and deliberate fashion. The mob may view a quick withdrawal as a victory. o Re-enter: Control forces should re-enter the area only when sufficient personnel has arrived to deal with the situation or employ more tactically advanced methods or special purpose tactics. If unable to re-enter, isolation of the area is the best option · Mobile rescue tactics: can be used for rescue of officers and citizens in hostile encounters. A two-car rescue technique can be utilized for this purpose. Position the first unit at the front of the "stranded" vehicle or scene, at a 45-degree angle—this is the contact unit. The driver and driver's side rear passenger remain in the vehicle and cover the flank, while the passenger side officers act as the rescuers. Position the second unit at a 45-degree angle at the rear of the "stranded" vehicle or scene, with the rear seat officers deploying to assist with or cover the rescue. The driver and front seat officer remain in the vehicle. Once the officers have secured the down officer/citizen, the vehicles then back out of the area, keeping the crowd/rioters in front of them.

2. Identify the tactics used to counter the social and psychological influences of crowd behavior.

· Influences o Anonymity: The feeling of being lost in the crowd. Members of the crowd feel they cannot be identified. Therefore, they lose responsibility for their actions o Universality: The "everybody is doing it" feeling. Members feel the attitudes and emotions are being experienced and are shared by everyone in the group o Inability to withdraw: Being afraid to express a view contrary to those in the majority o Increased hostility: When people are frustrated and believe they are being treated unfairly, confrontation is an outlet for their anger; however, conflict does not eliminate the problem, and it often increases hatred between social groups. According to this theory, people merely reveal their true selves in a crowd--the crowd serving only as an excuse or a trigger o Social suggestion: The urge to do what others do is quite strong with the majority of people. Crowd people tend to follow the lead of others, particularly those designated as leaders. Those involved usually have a common denominator that brings them together to unify the group o Emotionality: There exists in any crowd a high degree of emotional tension and excitement. Hostile emotions like anger and fear may drive the crowd to act out. o Irrationality: There are two (2) aspects of this behavior in a crowd setting. The first is fear and panic. The second is frustration, which can result in violent behavior. o Homogeneity of mental state (group mindset): Here the members of the mob share a common attitude, opinion, dissatisfaction, and frustration. Often referred to as a "group mindset." o Emotional contagion (contagion theory): This is the most dramatic feature of collective behavior, where excitement seems to be transmitted from one (1) person to another. Emotional contagion provides the crowd with psychological unity and the point at which a crowd or assemblage becomes a mob · Tactics for countering social/psychological influences o Dispersing the crowd as soon as possible to reduce the influences of the crowd on its members. § Verbalizing the need for the crowd to disperse, using diplomacy and tact § Seeking cooperation and explaining what actions may be used to disperse the group if necessary. § Allow a reasonable time for the crowd to disperse and "save-face;" pushing the crowd may lead to a confrontation. § Control the number of officers on the scene. Too many officers present may lead to uncoordinated action being taken and/or may "push" the crowd into action. If additional officers are at the scene or needed in the event the situation turns into a confrontation, they should be positioned nearby but out of sight of the crowd. § If the crowd's actions should result in violence, then more forcible dispersal actions may be needed. We will cover those tactics later in this block of instruction. o The use of photography and video to take away anonymity. o Selective arrest and enforcement to reduce the feeling of universality. Note: arrest should be made selectively or at the direction of supervisors. This is necessary to maintain sufficient manpower levels at the scene. o Call people by name if they are known. Officers who are in contact with their communities through community policing efforts should know their residents. o Put them on notice of the law and possible violations, i.e., order to disperse, failure to disperse and unlawful assembly. o Have a dispersal/back-up team formed close by the scene but out of sight, to not inflame the situation until they are needed.

17. Identify the legal concepts of "custody" and "interrogation" as they relate to the requirements of the United States Supreme Court decision, Miranda v. Arizona.

· Interrogation: means statements or questions designed to elicit an incriminating response. · Custody: A suspect is in "custody" for Miranda purposes when he has been formally arrested or when his freedom of movement has been restrained. · Custody and Interrogation is required for Miranda warning.

Summons

· Issued by the clerk at the time of the filing of a petition to the parent or guardian. Must be personally served upon the parent NO LESS than 5 days prior to the date of the hearing

2. (Pg.6-12) State the circumstances under which different types and amounts of alcoholic beverages can be purchased, possessed or consumed on public or private premises.

· It is lawful for any person at least 21-years-old to possess for lawful purposes any amount of fortified wine and spirituous liquor at his home or temporary residence, such as a hotel room. · Hours of consumption o A person may not consume any alcoholic beverage before 7:00 a.m. or after 2:30 a.m. on licensed premises. Consumption may continue on licensed premised for a half-hour after sales are required to stop at 2:00 a.m. o A person may not consume on licensed premises before noon on Sunday. No local ordinances are allowed to restrict Sunday afternoon consumption in establishments having brown-bagging or mixed beverages permits. · Hours of sale o Sales of alcoholic beverages are allowed on licensed premises only after 7:00 a.m. and before 2:00 a.m. Monday through Saturday. Sales may not begin until after noon on Sunday but may continue until 2:00 a.m. o A city or county may prohibit sales of malt beverages, unfortified wine, and fortified wine after 12:00 noon on Sunday, but such prohibition is not applicable to a place which also has a brown-bagging or mixed beverage permit.

3. (Pg.12-15) Identify the circumstances under which different types and amounts of alcoholic beverages can be possessed, consumed, and transported in a motor vehicle.

· It is unlawful for a person less than 21 years old to drive a motor vehicle on a highway or public vehicular area while consuming alcohol or at any time while he has remaining in his body any alcohol or a controlled substance previously consumed. · A purchase transportation permit would allow up to one hundred (100) liters of unfortified wine, and a maximum of forty (40) liters of either fortified wine or spirituous liquor, or forty (40) liters of the two (2) combined · A purchase transportation permit is valid only until 9:30 p.m. on the date of purchase. · Taxi: It is unlawful for a person operating a for-hire vehicle to transport fortified wine or spirituous liquor unless the vehicle is transporting a paying customer. Not more than eight (8) liters of fortified wine or spirituous liquor, or a combination of the two (2), may be transported by each passenger unless passenger obtains a purchase transportation permit. · A passenger may possess and consume an alcoholic beverage in the passenger area of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation; in the living quarters of a motor home or house car; or in a house trailer.

3. State the duties of a law enforcement officer when patrolling a non-violent/passive protest and a potentially violent/hostile demonstration.

· Mental preparation: A special need exists to prepare individuals for the mental and physical stress of civil disturbance control operations. Officers must be made aware of the influence of social and psychological factors upon their behavior. The same human behavioral influences that work on the disorderly crowd can also influence officers. We counter this through training, discipline, and preparation. In addition to these influences, there are others that will affect officers in a riot/crowd management situation. Some of those include: o Individual response to stress: Officers engaged in civil disturbance operations will encounter the noise and confusion created by large numbers of people facing them. Individuals may shout at, insult, or call officers abusive names. Officers must learn to ignore these taunts and not allow personal feelings to interfere with the execution of their mission. Also, officers can expect objects to be thrown at them but must learn to avoid thrown objects by evasive movements. They must never throw the objects back. Officers must subdue their emotions and carry out their orders determinedly and professionally. o Psychological influences: Just as the crowd may be swept into violence by various psychological influences, the reaction of officers may be inappropriate because of the same factors. Both the law enforcement commanders and the officers must be aware of these factors so that they can cope with them in the civil disturbance environment. § The cumulative effect of these psychological factors may be an excessive response by officers who are often thrust into situations with little time available for briefing. § The fatigue factor must also be taken into consideration in determining the ability of the control force personnel to deal with provocation. In situations where the control forces become extremely emotionally involved, the supervisors may lose control over the officer's actions. § Emotional involvement - Officer focuses in on one (1) demonstrator and targets this person for uses of force and/or arrest. Supervisors must be vigilant for such behavior and pull these officers off the line and put them in a support role until they regain their composure - "a cooling off time." · Law enforcement roles and responsibilities o Non-violent/passive protest: As law enforcement agencies through the country continue to improve and update their training in response to violent community disturbances, most do not have a plan of action when dealing with the non-violent or passive protest. Law enforcement officers should not respond to passive protests in the same manner as they would for violent protests. Law enforcement agencies must develop a procedure to deal with this type disturbance. When confronting passive protesters, law enforcement officers must be aware of the differences in tactics used by this group as compared to the violent group, because the response will be different. § Passive protests: lawful v. unlawful: Officers must always be aware of state and local laws dealing with lawful protests. The simple fact that a group of individuals is gathering to voice an opinion to gain public sentiment does not necessarily mean that the protest is unlawful. § What is lawful? · Picketing · Parades and marches § What is unlawful? · Violence · Blocking entrances § Communication and liaisons · Identify the leaders: Once the leaders are identified, it is imperative that open communication is maintained with them · Attend group meetings to obtain intelligence information · Use informants: Infiltrate meetings as a last resort when leaders do not cooperate. Help to identify troublemakers and possible militants. · Identify local and out of town militants · Report to supervisors: Any information received must be relayed to departmental supervisors

15. (Pg. 83-88) Identify the special search warrant concerns in obscenity, crime scene, and financial crime situations.

· Mincey v. Arizona: Court ruled that it was unconstitutional for the police to conduct a warrantless four-day search of a scene where an undercover police officer had been killed. Students should note that the Court recognized that the entry into Mincey's home was justified given the exigent circumstance of an officer just being shot. Once lawfully inside, the officers were allowed to conduct a protective sweep of the premises to check for victims and perpetrators. a) Obscenity offenses: Only upon the request of a district attorney or assistant district attorney can an officer apply for a search warrant to search for and seize obscene materials. b) Crime scene search warrant problems: Officers must note the distinction between a lawful warrantless entry based on exigent circumstances and the right to search the premises entered. As a general rule, law enforcement officers are allowed to make a warrantless entry into a possible crime scene if consent is obtained from one with apparent legal authority to grant consent or exigent circumstances exist. c) Financial: Law enforcement can access a customer's financial records held by a financial institution by five (5) methods: · Customer authorization. G.S. 53B-4(1). · Search warrant. G.S. 53B-4(3). · Pending litigation. G.S. 53B-4(8). · State grand jury subpoena or court order. G.S. 53B-4(9). · Other court order or subpoena. G.S. 53B-4(11).

Nontestimonial Identification Order G.S. 7B-2103

· NTO may be issued by any judge of district or superior court on request of PROSECUTOR · A request for a NTO may be made prior to taking a juvenile into custody or after custody and prior to the adjudicatory hearing · An NTO can be issued only on an affidavit sworn to before the court and establishes the following o PC to believe that an offense committed would be a felony if committed by an adult o Reasonable grounds to suspect that the juvenile named committed the offense AND o Results of specific Nontestimonial identification procedures will be of material aid in determining if juvenile committed the offense · Court order is required for any nontestimonial identification procedures conducted on a juvenile unless juvenile was transferred to adult court o Juvenile cannot consent to an identification procedure · If blood specimen, you need PC that the crime was committed and would be a felony if committed by an adult and PC that the juvenile committed the offense · No statement may be taken from the juvenile during a NTO unless counsel present · Juvenile attorney may request a NTO

2. (Pg.6-12) State the circumstances under which different types and amounts of alcoholic beverages can be purchased, possessed or consumed on public or private premises.

· Off-premises o It is unlawful for any person to consume alcoholic beverages on the premises of a business having only an off-premises permit for the kind of alcoholic beverage being consumed. · Unlawful possession or use o Consume fortified wine, spirituous liquor, or mixed beverages or to offer such beverages to another person: § On the premises of an ABC store, or § Upon any property used or occupied by a local ABC board, or § On any public road, street, highway, or sidewalk. o Display publicly at an athletic contest fortified wine, spirituous liquor, or mixed beverages. o Permit any fortified wine, spirituous liquor, or mixed beverages to be possessed or consumed upon any premises not authorized by Chapter 18B. o Unlawful to possess or consume any fortified wine, spirituous liquor, or mixed beverages upon any premises where such possession or consumption is not authorized by law, or where the person has been forbidden to possess or consume that beverage by the owner or other person in charge of the premises. o Unlawful to possess at his home, temporary residence, or other property a greater amount of fortified wine or spirituous liquor than authorized by Chapter 18B; this is referring to a house or location where liquor is being sold, such as a "shot house" or an illegal outlet. o Unlawful to possess on his person or consume malt beverages or unfortified wine upon any property owned or leased by a local board of education and used by the local board of education for school purposes.

8. (Pg. 19) Identify two (2) purposes of plea-bargaining.

· Our courts are overcrowded, and there is a need to dispose of as many cases as possible without a trial. · The district attorney may realize that the case is weak, and rather than take a chance that the jury might find the defendant not guilty, the district attorney will agree to accept a plea to a lesser charge. · The defendant might believe that the jury will convict him of the greater charge and so will plead guilty to the lesser charge. · Plea bargain may be reasonable in the interest of justice.

(Pg.6-12) State the circumstances under which different types and amounts of alcoholic beverages can be purchased, possessed or consumed on public or private premises.

· Possession o It is unlawful for a person under the age of 21 to purchase, attempt to purchase, possess, or consume alcoholic beverages in North Carolina. o If the person is 19 or 20 and the alcoholic beverage was possessed, or consumed, is a malt beverage or unfortified wine, then the person may be charged with a Class 3 misdemeanor.

. (Pg.6-12) State the circumstances under which different types and amounts of alcoholic beverages can be purchased, possessed or consumed on public or private premises.

· Purchase o Malt beverage: A person may purchase any amount of malt beverage in kegs after obtaining a purchase-transportation permit and no more than eighty (80) liters in cans or bottles in one (1) transaction. o Possession of over eighty (80) liters of malt beverage, other than draft malt beverages in kegs, creates a presumption that it is possessed for sale. o Unfortified wine: A person may purchase no more than fifty (50) liters of unfortified wine, in one (1) transaction. o Fortified wine/spirituous liquor: A person may purchase no more than eight (8) liters of fortified wine or spirituous liquor or a combination of the two, in one transaction.

When Responding to Abuse

· Temporary custody (discretion) à DSS obtain non-secure custody order and take the child

1. (Pg. 2-4) Recite five (5) items an officer should be aware of before the first day in court, as provided in the lesson plan.

· The first day in court as a new law enforcement officer should not be the first day at the courthouse. Before the first day that the new officer's cases are scheduled for court, an experienced officer should take the new officer to the courthouse and show the new officer around. · While on the initial visit to the courthouse, the new officer should observe 1-2 hours of court or more, meet the assistant district attorney assigned to court that day, the judge, as many defense attorneys as possible, and all of the other court personnel (i.e., clerk of court staff, bailiffs, etc.).

5. (Pg. 13-16) State what an officer is allowed to testify to when on the stand.

· The most important rule to remember when testifying is to TELL THE TRUTH. · Sometimes officers try to testify to more than they observed. This seems to occur with investigations that are particularly complex or confusing. It may be difficult for an officer to remember exactly what happened. An officer's recollection may become distorted if he incorporates another officer's observations. o The officer should not attempt to testify to what "may be" remembered or is "sort of" remembered. If you do not recall what you observed at a given moment, simply respond accordingly: "Sir/Ma'am, I do not recall." · There may come a time when an officer realizes that a mistake has been made during testimony. The temptation to let it go, hoping that no one notices, must be avoided. Someone, a juror, the judge, or the defense attorney, will discover the inaccuracy in the testimony. If not corrected, it will appear that either the testimony was falsified or that the officer did not know the facts of the case. o While still on the witness stand, politely stop your testimony, correct the mistake and move on. Do not allow a mistake to go uncorrected because you are embarrassed. Your credibility is at stake. Stopping your testimony to correct a prior response(s) enhances your credibility and reputation for honesty. If the officer is no longer on the stand when realizing the error, the district attorney should be immediately notified so that the officer can be recalled. · If the officer cannot remember or is not sure of the answer to a question, the officer should say so. An officer should respond, "I don't recall" only when the officer simply cannot remember a certain fact. Also, if you do not know the answer to a particular question, do not be afraid to say so. · People should not be referred to as he, she, we, or they. Use names or definite nouns. · The officer's testimony should provide all of the details of an incident, including, but not limited to, the defendant's condition, attitude, appearance, etc. · If you need assistance recalling the details of the incident you are being asked to describe, as a tool to help you remember, think of the five (5) senses: touch, taste, smell, hearing, and sight. · When testifying about distances, use references in the courtroom whenever possible. · When the district attorney asks if the defendant is in the courtroom, the officer should describe where the defendant is sitting and the type of clothes the defendant is wearing. · When describing a scene, an officer may be asked to use a blackboard or whiteboard to sketch if the sketch will help illustrate testimony. If possible, the officer shouldsketch in advance and large enough so that the judge and all members of the jury can easily see it. Label everything (streets, bodies, stop signs, etc.) that is relevant to the testimony. · Avoid "qualifiers," phrases that qualify your statements such as "I believe," "basically," "I think," "probably," "I guess," etc. Clearly, state facts as you know them, and if you are unsure, then state the reason you are unsure. Defense attorneys may use these qualifiers against you to make it seem as if you are unsure of your case. · If you are asked a question by either attorney that you do not understand, do not be embarrassed or answer the question that you think you are being asked. Instead, politely say: "I am sorry, but I didn't understand your question, could you repeat it? Or "If I understand your question correctly, you asked me if (insert what you understand the question to mean)" and then provide your answer. · If you believe your testimony might differ from the testimony of another prosecution witness, you should notify the district attorney.

13. (Pg. 65-66) State the legal requirements for conducting searches of motor vehicles.

· The motor vehicle exception - "The Carroll Doctrine." a) If officers have probable cause to believe there is evidence of crime in the vehicle, and the vehicle is located in a public place (including public vehicular area), they may search anywhere in the vehicle where the evidence could be located, including the trunk (the vehicle must be stopped in a public place). This is known as the motor vehicle exception to the Fourth Amendment's warrant requirement. It is also known as "the Carroll Doctrine." A search warrant (or consent or an emergency) is required before searching a vehicle within the curtilage of the owner's home. b) Officers may order the driver and passengers either to remain in or move out of the vehicle with or without suspicion that such persons are a threat. c) An arrest of an occupant of a vehicle authorizes officers to search the passenger compartment of the vehicle incident to arrest only if the arrested person is unsecured and within reaching distance of the passenger compartment, or the officer reasonably believes there is evidence in the vehicle relevant to the crime for which the person is arrested. The authority to search a vehicle incident to arrest was discussed in detail previously. d) During the search of the passenger compartment, officers may discover illegal items which in turn may lead to probable cause to believe that additional evidence may be discovered in the trunk. If so, officers may search the trunk at the scene of the stop without a warrant. The motor vehicle exception was discussed in detail previously. Vehicles may sometimes be impounded. Reasons for impoundment may be to protect the vehicle and its contents or to prevent the vehicle from becoming a safety hazard. The search of an impounded vehicle must be done by the impoundment and inventory procedures of the law enforcement agency

9. (Pg. 40-41) State the statutory procedures officers must follow after making an arrest.

· The officer takes the arrested person to a magistrate or judicial official without unnecessary delay: a) To determine whether probable cause exists for a warrantless arrest. b) To set pre-trial release conditions. · The officer must, without unnecessary delay, allow defendant to communicate with lawyer, family, and friends.

2. (Pg. 4-5) State the importance of an officer's reputation for truthfulness.

· The officer's most important attribute is a reputation for honest, impartial, and accurate testimony. Officers must have a reputation for always being truthful, whether under oath or not.

(Pg. 8-13) State how the First Amendment affects the law enforcement function: Establishes rights that we consider basic in a free society

· These rights are the freedoms of religion, speech, press, assembly, and petition. a. Religion: Congress cannot make any law concerning the establishment of religion or prohibiting the free exercise of religion. These two (2) clauses prevent the federal government from establishing a national church (requiring support by taxation) or from intruding on personal religious beliefs i. Establishment clause: Government may not require or enforce religious observations. Government may not compel citizens to follow any particular religion, either through law or spending of tax dollars. ii. Free exercise clause: Citizens have a right to worship God, a Supreme Being, or hold any other belief in compliance with their conscience. b. Speech: The First Amendment protections for speech and press are directed toward the right to criticize and publish freely. They are not absolute, and are subject to reasonable time, place, and manner limitations. i. Belief: Government cannot coerce its citizens to affirm or disavow a belief. A government can prohibit participants (for example, standing, sitting, or lying upon highway or street G.S 20-174.1). ii. Symbolic speech: Protected speech includes the spoken and written word, the act of not speaking, and symbolic conduct. Ex. Burning the American Flag, Texas v. Johnson 1989, "F--- the draft" Cohen v. California. Restrictions on free speech Following types of speech have no First Amendment protection and thus may be barred by the government: · Obscenity: Depiction of sexual conduct that as a whole, by the average person, applying contemporary community standards, appeals to the prurient interest in sex, portrays sex in a patently offensive way, and does not have a serious literary, artistic, political, or scientific value. · Fighting words: Words addressed to an ordinary citizen which are intended and are likely to incite immediate physical retaliation. · Threats: Are utterances calculated to intimidate, provide no social benefit. Threat must be genuine, and the person making the threat must be reasonably capable of carrying it out for the threat to lose First Amendment protection. · Incendiary speech: Advocates the imminent violent use of force against the government.

6. (Pg. 16) Identify two (2) purposes of direct-examination.

· To bring out the facts of the case relevant to the party calling the witness, typically the prosecutor. · To establish the elements of each of the crimes charged beyond a reasonable doubt. · During direct examination, the attorney is not allowed to use "leading" questions.

7. (Pg. 16) Identify two (2) purposes of cross-examination.

· To bring out the whole truth, not just facts favorable to the prosecution. · To uncover omissions in testimony, which could have the effect of leaving unfair, untrue, or misinterpreted conceptions in the jury's mind. · To develop and bring out a witness' prejudices. · To demonstrate a witness' uncertainty or unfamiliarity with the facts.

3. (Pg. 5-9) Name five (5) activities an officer should do to prepare for court.

· Understanding the types of courts and proceedings in which you may appear. o District court - Infraction or misdemeanor only (some felonies may be pled in district court. Session lasts one (1) day. o Superior court - A judge presides over superior criminal court, but there is also a jury present that determines as to whether the defendant is guilty or not guilty. A defendant may waive their right to a jury trial and allow the presiding judge to determine whether the defendant is guilty or not guilty. Additionally, a waiver of a jury trial does not apply to cases where the State is seeking the death penalty. § A session of court in Superior court is one (1) week and may last longer to complete a trial. o Juvenile court - A judge presides over juvenile court proceedings, and all cases, including misdemeanors and felonies, are tried in this court. § A session of juvenile court is one (1) day. § There are strict confidentiality rules concerning juvenile matters, and the dockets are not public records. o Grand jury - A body of citizens who hear cases and determine whether probable cause exists that a crime has been committed and whether to issue a true bill of indictment · Get a court docket in advance and locate your cases. If a defendant has paid their citation off in advance, then that case may not be listed on the docket. In most jurisdictions, when court is opened, the district attorney will call the names on the docket and ask the defendants to enter their plea of guilty or not guilty. Some will be granted a continuance to the officer's next court date; some will plead guilty, some will answer that they are represented by an attorney, and some will plead not guilty. · Prepare, organize, and become familiar with the contents of your notes. Know where all items are located within the file o When going to district court, the notes and citations should be taken for all outstanding district court cases, regardless of which date they are set for trial o Your notes should never contain any unprofessional remarks, off-color jokes, personal items, etc. · Keeping up with court dates is the responsibility of the officer, and the officer should never fail to be in court when scheduled cases are on the docket. If vacation is planned during court dates, the officer should consult the district attorney to make sure that any scheduled cases can be continued. If the district attorney requires the officer's presence on that date, rearrange the vacation schedule. If an officer is scheduled to be off on court dates but is available by telephone, such an arrangement should be cleared with the district attorney, and the telephone number should be provided. Do not simply leave the telephone number with the dispatcher or supervisor; give it to the district attorney. · Officers may learn more about testifying by observing trials, concentrating on how various lawyers treat each witness, and how the witness reacts · If a district attorney requests to speak to you about a case before trial, have your notes with you. o If possible, review your notes before this meeting. o When discussing a district court case with the D.A. before trial, the officer should be aware that the district attorney's time may be limited, and there are a lot of cases to be disposed of. · It is important that necessary witnesses are present for trial. Therefore, the officer should become familiar with the local practice for obtaining witnesses for court. o In some jurisdictions, the charging officer may be requested to serve a subpoena for a witness. The officer serving the subpoena has the responsibility to notify the witness of the date, time, and location of the court proceeding · One way to improve effectiveness as an investigator and as a witness is to review all major cases with the district attorney after court. Both the officer and the district attorney will discover numerous ways to better handle future cases. All district court cases cannot be reviewed with the district attorney, but if something happens in a particular case that concerns the officer, an explanation should be sought. · Some law enforcement agencies assign personnel to act as a court liaison officer. This officer has the responsibility of ensuring that testifying officers are notified of the date, time, and place to appear for trial or other proceedings. o In some jurisdictions, the court liaison officer facilitates requests from the District Attorney's Office to locate witnesses or items of evidence and helps officers to prepare for court by reviewing citations for completeness and accuracy

G. S. 7B-2102. Fingerprinting and photographing delinquent juveniles

· must fingerprint and photograph a juvenile when: o officer has prepared a complaint for filing as a petition; and o complaint charges one of more nondivertible offenses; and o juvenile was at least ten years old at the time the offense(s) was committed; and o juvenile is in the physical custody of law enforcement or the Department of Juvenile Justice and Delinquency Prevention. · law enforcement cannot or does not take fingerprints or photographs of a juvenile under the above section or the prints have been destroyed, the officer must fingerprint and photograph a juvenile o (a) Who has been adjudicated delinquent; and o (b) Who is 10 years old or older at the time of the commission of the offense; and o (c) The juvenile has been adjudicated delinquent for conduct which would be a felony if committed by an adult. · All fingerprints and photographs must be made in proper format for transfer to the SBI and FBI. They are not public records, must be withheld from inspection, are not to be placed in the clerk's records, and are not eligible for expunction.

G. S. 7B-2102. Fingerprinting and photographing delinquent juveniles

· the custodian of records must destroy the juvenile's fingerprints and photographs at the earliest of the following events: o (a) The intake counselor or prosecutor does not file a petition against the juvenile within one year of the fingerprints and photographs being taken; or o (b) The court does not find probable cause pursuant to G.S. 7B-2202; or o (c) The juvenile is not adjudicated delinquent of any offense that would be a felony or misdemeanor if committed by an adult.