AZPOST CFE NARTA 50
___________shall have the responsibility for the complete investigation of all complaints of alleged dependency and a criminal conduct allegation in cooperation with appropriate law enforcement agencies.
Child Protective Service (CPS)
An action brought to enforce, redress or protect private rights. Civil litigation remedies private wrongs. In general, all types of actions other than criminal proceedings.
Civil litigation.
Entrapment occurs when a suspect who is not predisposed to commit a crime, is induced to do so by the conduct of the government.
ENTRAPMENT - DEFENSE TO ARREST
Is it legal? Does it violate any statutes, codes, laws, or constitutions? Just because it is legal, is it always ethical? Is it authorized? Do agency policy, orders, or procedures limit or control my actions? Is it fair? Is my decision fair to others? Does my position give me unfair advantage over others? Is there a conflict of interest between my interests and those of the community? How does it feel or how will it feel? Stomach test, headline test, and mirror test.
EVALUATING YOUR DECISION
Consent. Incident to arrest. Plain view (not a search) Inventory (not a search). Open fields (not a search). Mobile vehicle. Exigent/emergency circumstances. Abandoned property (not a search). Consent
EXCEPTIONS TO SEARCH WARRANT REQUIREMENT
If evidence or contraband is obtained in violation of the 4th Amendment, the evidence may be suppressed. The state is not allowed to use the evidence at trial against the defendant.
EXCLUSIONARY RULE
When we cannot resist the stressor any longer, we reach the _____________ stage.
EXHAUSTION
Identifying what you are currently doing to manage stress. Determining the long-term success of this method. Deciding to do something differently to better manage stress. Using healthy, constructive outlets for stress like jogging, basketball or tennis. Handling stress better; for example, through the use of progressive relaxation, proper diet and sufficient sleep.
Effectively managing stress
Emergency: Entry may be made if the officer has probable cause to believe an emergency exists. The emergency cannot be created by the officer for purposes of making entry.
Emergency/exigent circumstances.
Bring subpoenaed evidence to court. Make sure you know what evidence the prosecutor expects you to bring and bring it as well. If you are going to need a diagram for your testimony, arrange to have it prepared (or prepare it yourself) in advance of trial whenever possible.
Ensuring that evidence and relevant reports are accessible.
Has responsibility for monitoring violations of tribal or federal laws regarding hazardous waste; may refer violations to tribal police or federal/state agencies.
Environmental Protection Agency (EPA)
Federal Bureau of Investigation (FBI). Postal Service. Drug Enforcement Administration (DEA). Secret Service. Immigration and Customs Enforcement (ICE). Federal Aviation Administration (FAA) Bureau of Indian Affairs (BIA) Environmental Protection Agency (EPA) Alcohol, Tobacco and Firearms (ATF) U.S. Marshal. Railroad Police. U.S. National Park Service (NPS). U.S. Coast Guard. Interpol - U.S. National Central Bureau Forest Service Law Enforcement. Bureau of Prisons
Federal
Law enforcement agencies that enforce violations of federal statutes. These law enforcement agencies have specific laws to enforce depending upon the jurisdiction of the agency.
Federal
Levels of Law Enforcement in the United States
Federal State Local County Tribal & Specialty Police: -College Campus Police -Park/Airport Police -Transit Police/Liquor Control
Has civil jurisdiction over all operations and activities at airports in the United States. They handle civil issues only, not criminal. They are NOT responsible for criminal investigations. If a crime occurs aboard an aircraft, it is the responsibility of the FBI to investigate. On the ground before the door closes, it is the responsibility of the local or airport police to investigate.
Federal Aviation Administration (FAA).
Ideally, within 150-180 days of indictment or complaint, this is the phase of the case at which evidence is presented to a jury or judge to determine whether the defendant is guilty or not guilty.
TRIAL
*Direct - evidence which, if believed, resolves a matter in issue; Evidence that ties a defendant directly to the commission of a crime. Example: An eyewitness identification. *Circumstantial - facts inferred from circumstances. Example: A witness saw the defendant's car leave the scene of a shooting. *Real or physical - evidence furnished by things themselves by view or inspection (as opposed to a description of them by a witness).
TYPES OF EVIDENCE
An officer may frisk (pat down) a person only if the officer has reasonable suspicion that the person is presently armed and dangerous. *A routine frisk of each person contacted is unconstitutional.
Terry FRISK
Can use reasonable force to detain (handcuffs, physical restraint) only if there is a reasonable risk of flight and/or articulable officer safety concerns. Detention must be brief.
Terry stop
Must have reasonable suspicion, based on articulable facts, that a crime has occurred or there is criminal activity "afoot." (Review Terry v. Ohio)
Terry stop.
Responsibility is to represent anyone who is accused of a crime, whether they are guilty or not regardless of personal feelings. The attorney is to present the best possible defense for the defendant/suspect. The goal is to defend the defendant's constitutional rights.
The Defense Attorney
The arrest warrant must be ____________. _____________(also referred to as 'fair on its face') - in other words, it must appear to a reasonable police officer to be valid if he/she were to look at it without any knowledge of the circumstances.
facially valid
Nighttime search (2200 - 0630) requires
good cause. Good cause is an articulable reason the warrant must be served between 10:00 p.m. and 6:30 a.m. This can include officer safety or evanescent evidence.
Service by a police officer; may be assisted by ____________________ so long as their participation is reasonably related to a law enforcement purpose
non- sworn personnel
Justification; use of physical force.
A.R.S. §13-403
Justification; self-defense.
A.R.S. §13-404
Justification; use of deadly physical force:
A.R.S. §13-405.
Justification; defense of a third person
A.R.S. §13-406
Justification; use of physical force in defense of premises.
A.R.S. §13-407
Justification; use of physical force in defense of property.
A.R.S. §13-408.
Justification; use of physical force in law enforcement.
A.R.S. §13-409
Justification; use of deadly physical force in law enforcement.
A.R.S. §13-410.
Justification; use of force in crime prevention.
A.R.S. §13-411
____________________is the immediate area surrounding the home and is entitled to full 4th Amendment protection.
"Curtilage"
Stress can be called the
"Disease of modern society."
No-knock requirements: Items in ______________ may be seized based on probable cause even if an item was not enumerated in the warrant (contraband).
"Plain View"
Stress is
"pressure for action or change."
If the defendant is in custody, the preliminary hearing must be held within ____days of the initial appearance.
10
Making arrests and issuing citations or other punitive actions account for approximately _____ of an officer's time.
10%
If the defendant is not in custody, the preliminary hearing must be held within ___ days of the initial appearance.
20
Conducting investigations, gathering facts and writing reports account for approximately _____ of an officer's time.
22%
Maintaining Order: Responding to and handling complaints that affect the public peace such as: Disorderly conduct, neighbor disagreements, noise disturbances, juveniles loitering, dispersing crowds, etc., account for approximately _____ of an officer's time.
30%
Performing all other duties such as motorist assists, keys locked in vehicle, crime prevention education, assistance with ambulance and fire calls, funeral escort, etc., account for approximately ____ of an officer's time.
38%
Right of the people to be secure in their persons, houses, papers and effects. Against unreasonable searches and seizures.
4th Amendment to the U.S. Constitution.
Pursuant to an order of the juvenile court. Pursuant to a warrant issued according to the laws of arrest.
A child shall be taken into temporary custody
By a peace officer pursuant to the laws of arrest, without a warrant, if there are reasonable grounds to believe that the juvenile has committed a delinquent act or the child is incorrigible. By a peace officer if there are reasonable grounds to believe that the child has run away from the child's parents, guardian or other custodian.
A juvenile may be taken into temporary custody
Definition of "Accomplice" This term covers anyone who, with the intent to promote or facilitate the commission of an offense, solicits, commands, aids, counsels, agrees or attempts to aid or provides means or opportunity to another to commit the offense.
A.R.S. §13-301
Justification; use of reasonable and necessary means.
A.R.S. §13-401
Justification; execution of public duty
A.R.S. §13-402
A person commits attempt if, acting with the kind of culpability (mental state) otherwise required for commission of an offense, such person: a. Intentionally engages in conduct that would constitute an offense if the attendant circumstances were as such person believes them to be.
A.R.S. § 13-1001 - Attempt
A person, other than a peace officer acting in his/her official capacity within the scope of his/her authority and in the line of duty, commits solicita- tion if, with the intent to promote or facilitate the commission of a felony or misdemeanor, such person commands, encourages, requests or solicits another person to engage in conduct which would constitute the crime.
A.R.S. §13-1002 - Solicitation
A person commits conspiracy if, with the intent to promote or aid the commission of an offense, such person agrees with one (1) or more persons that at least one (1) of them or another person will engage in conduct constituting the offense and one (1) of the parties commits an overt act in furtherance of the offense, except that an overt act shall not be required if the object of the conspiracy was to commit: Any felony on the person of another. First-degree burglary. Arson of an occupied structure. Note that conspiracy requires at least two (2) people who intend to promote or aid in the com- mission of crime. One (1) person, planning alone, cannot be charged with conspiracy.
A.R.S. §13-1003 - Conspiracy
A person commits facilitation if, acting with knowledge that another person is committing or intends to commit an offense, the person knowingly provides the other person with means or opportunity for the commission of the offense.
A.R.S. §13-1004 - Facilitation
To prescribe conduct that harms or threatens to harm individuals or the general public. To give fair warning that certain acts or omissions are unlawful and punishable. To define the unlawful acts and the accompanying mental states necessary to commit the crimes. To separate serious and minor offenses. Crime deterrence.Punishment. To promote truth and accountability in sentencing.
A.R.S. §13-101 - Purposes
Letter of the law v. spirit of the law. Title 13 is not to be strictly construed.
A.R.S. §13-104 - Rules of Construction
Definitions : Conduct - an act or omission and its accompanying culpable mental state. State v. J.S. Garlick Simon v. State Passmore v. State Crime - a felony or a misdemeanor (note that "petty offense" is not included).
A.R.S. §13-105
Time Limitations Most crimes must have prosecution start during a certain time period after discovery of the crime. Class 2 through Class 6 felonies - 7 years. Misdemeanors - 1 year. Petty offenses - 6 months.
A.R.S. §13-107
Requirements for Criminal Liability: Minimum requirement for liability is the performance of a prohibited act, or the omission to perform a duty required by law by someone physically capable of performing.
A.R.S. §13-201
Affirmative defenses; burden of proof
A.R.S. §13-205
Conduct which would otherwise constitute an offense is justified if a reasonable person would believe that he/she was compelled to engage in the prescribed conduct by the threat or use of immediate physical force against this person or the person of another which resulted, or could result, in serious physical injury which a reasonable person in the situation would not have resisted. The defense provided by subsection A is unavailable if the person intentionally, knowingly or recklessly placed himself/herself in a situation in which it was probable that he/she would be subjected to duress. The defense provided by subsection A is unavailable for offenses involving homicide or serious physical injury.
A.R.S. §13-412. Duress.
If there have been past acts of domestic violence as defined in A.R.S. §13-3601, subsection A against the defendant by the victim, the state of mind of a reasonable person under A.R.S. §13- 404, 13-405 and 13-406 shall be determined from the perspective of a reasonable person who has been a victim of those past acts of domestic violence.
A.R.S. §13-415. Domestic violence.
Justification; use of force in defense of residential structure or occupied vehicle.
A.R.S. §13-418
A person is presumed to reasonably believe that the threat or use of physical force or deadly force is immediately necessary for the purposes of sections 13-404 through 13-408, section 13-418 and section 13-421 if the person knows or has reason to believe that the person against whom physical force or deadly force is threatened or used is unlawfully or forcefully entering or has unlawfully or forcefully entered and is present in the person's residential structure or occupied vehicle.
A.R.S. §13-419 Presumption; exceptions; definition.
Justification: defensive display of a firearm; definition
A.R.S. §13-421
Persons Under 18 Years of Age; Felony Charging The county attorney shall bring a criminal prosecution against a juvenile in the same manner as an adult if the juvenile is 15, 16 or 17 years of age and is accused of any of the following crimes: First-degree murder Second-degree murder. Forcible sexual assault. Armed robbery. Any other violent felony. Any felony offense committed by a chronic felony offender.
A.R.S. §13-501
There are three (3) categories of misdemeanors. From high to low: Class 1 misdemeanor. Class 2 misdemeanor. Class 3 misdemeanor. There is only one (1) designation of petty offense.
A.R.S. §13-601 Classification of Offenses
There are six (6) categories of felonies. From high to low: Class 1 felony. Class 2 felony. Class 3 felony. Class 4 felony. Class 5 felony. Class 6 felony.
A.R.S. §13-601 - Classification of Offenses
Dangerous Crimes Against Children This statute was designed to provide increased sentencing for those who commit dangerous crimes against children.
A.R.S. §13-604.01
Offenses Committed in a School Safety Zone
A.R.S. §13-609
Suspension of Civil Rights: A conviction for a felony suspends the following civil rights of the person so convicted: The right to vote. The right to hold public office of trust or profit. The right to serve as a juror. The right to possess a gun or firearm. Any other right the suspension of which is necessary during a period of imprisonment
A.R.S. §13-904
In the _______ stage, our reactions to the stressor continues as long as the situation continues and our body continues to adapt.
ADAPTATION
After the filing of a petition for delinquency and prior to adjudication, upon motion of the county attorney, a hearing will be held to determine whether the juvenile should be transferred to adult court for criminal prosecution of the offenses.
ADULT PROSECUTION OF JUVENILE OFFENDERS
Citation in lieu of detention (A.R.S. §13-3883.4) - states that a person is eligible to be cited and released pursuant to A.R.S. §13-3903, whenever a misdemeanor or a petty offense has been committed and there is probable cause to believe that the person to be arrested has committed the offense.
ALTERNATIVES TO CUSTODIAL ARREST
Municipal Court (city court). Exclusive jurisdiction of cases over violations of city or town ordinances. Justice of the Peace Court (JP court). Original jurisdiction over all state law misdemeanors. Usually the trial court for misdemeanor cases from county sheriff deputies and D.P.S. officers. Superior Court. Concurrent jurisdiction on misdemeanors; original jurisdiction on felonies. Arizona Court of Appeals. Handles appeals and special actions from superior court. Arizona Supreme Court. Highest court in the state.
ARIZONA COURT SYSTEM
An order signed by a magistrate, identifying the defendant and commanding the arrest of the defendant.
ARREST WARRANT
To prescribe minimum standards for the selection, training and retention of law enforcement officers and to prescribe minimum standards for the selection/training of corrections officers.
AZPOST
Under this exception, property abandoned or thrown away may be searched or seized by police officers without a warrant because there is no reasonable expectation of privacy. The property must be clearly abandoned (Greenwood case - difference between garbage left at the curb and garbage next to the house).
Abandoned property.
A determination by the court that the juvenile is either delinquent or incorrigible.
Adjudicated:
A trial to a judge to determine whether a juvenile is delinquent or incorrigible. The standard of proof is beyond a reasonable doubt.
Adjudication hearing
To dispose of a case without the juvenile being required to go to court.
Adjusted:
*Relevance: (see Rules of Evidence 401) - evidence having any tendency to make the existence of any material fact more or less probable than it would be without such evidence. *Competency To Be A Witness *Legally Obtained/Maintained Evidence.
Admissibility
In some cases, adults can be diverted from the criminal process into programs that involve treatment and/or restitution. When an offender completes the diversion program successfully, the criminal charges are dismissed.
Adult diversion
After a formal petition has been filed by the county attorney charging the juvenile with a delinquent or incorrigible act, the child and the parents, guardian or custodian shall be notified to appear before the court.
Advisory hearing - general procedure:
A judicial hearing that informs the juvenile of the formal charges against him/her, advises the juvenile of his/her right to counsel, provides the opportunity for court-appointed counsel and provides an opportunity for entry of a plea.
Advisory hearing:
(4) management techniques for dealing with stress.
Aerobic exercise. Relaxation. Nutrition. Proper Sleep.
List the three (3) states of stress.
Alarm. Adaptation. Exhaustion.
A federal agency that has jurisdiction over crimes involving violations of federal laws regulating firearms and the taxing and distribution of alcohol and tobacco.
Alcohol, Tobacco and Firearms (ATF)
The obligation of a party to establish a fact or issue in dispute by producing evidence which persuades the trier of fact as to its existence.
Burden of proof
Mediation - victim-witness may be used as a mediation tool or the officer may act as the mediator himself/herself. Warnings - an officer's discretion allows the use of verbal and/or written warning instead of arrest of citations. Civil remedies - a "fender bender" may be very minor and the parties may wish to handle the problem themselves rather than get the police involved. Referral services - there are a multitude of referral services in Arizona that may be used in lieu of an arrest.
Alternatives to prosecution.
After having received consent to enter from a person with authority to consent to such entry. When exigent circumstances exist - generally a person's life must be in danger, evidence will be lost or it is a case of hot pursuit. There is a felony warrant (for a person at his/her own residence) and probable cause to believe the person is inside of the residence, or there is an arrest warrant and a search warrant for a person at a third party's home., Nonconsensual entries require you to knock and announce prior to entry and have either no response or admittance refused OR a no-knock search warrant.
An officer is authorized to enter a home or other building to effect an arrest under any of the follow- ing circumstances:
There is probable cause to believe that a felony has been committed by the person to be arrested There is probable cause to believe that the person to be arrested has been involved in an accident, there was a criminal violation of Title 28 and such criminal violation occurred just prior to, or immediately following such traffic accident. There is probable cause to believe a misdemeanor or petty offense has been committed by the person to be arrested.
An officer may make an arrest under the following circumstances in accordance with A.R.S. §13-3883:
Make the minor feel safe. Seek an appropriate support system (family, relative, teacher, etc.). Notify CPS immediately. Refrain from taking a statement unless the officer is trained in accordance with the applicable County protocol. Notify your supervisor.
An officer responding to a minor's sexual assault or physical abuse should:
These are county employees and are usually part of the Health Department who enforce violations involving animals. They are generally NOT AZ POST certified peace officers and have no arrest powers. They can cite persons for animal regulation violations
Animal Control
Following a trial, a defendant may ask a higher court to review the actions of the trial court and to reverse the trial court's decision. This is known as an appeal.
Appeals:
Many of the _____________________ investigators are certified peace officers or limited-authority peace officers, and the attorney general is the state's chief law enforcement officer. Through civil or criminal actions, they investigate consumer fraud, public corruption and organized crime.
Arizona Attorney General
Largest of state law enforcement agencies
Arizona Department of Public Safety (DPS)
Enforce Title 17 of the State Game and Fish laws. Enforce Title 3 of the State Boating laws. Conduct wildlife studies.
Arizona Game and Fish
Is headed by a general appointee of the governor and is under the control of state authorities. This organization is used for disaster relief and assistance with serious riots or civil disorders where local and state law enforcement agencies need assistance. With the governor's authority they can also be used in other parts of the world upon request of the federal government
Arizona National Guard
Generally held within 10 days of the indictment, information or complaint if in custody; thirty days if not. Defendant enters a plea. Court hears and decides motions for conditions of secured or unsecured release. The trial or pretrial conference date is set. Pleas at arraignment: Guilty - defendant admits allegations. Not guilty - defendant denies allegations
Arraignment (next step after preliminary hearing).
Parole/probation officers - only parole or probation officers may:
Arrest for a violation of parole or probation condition, if there is no warrant. Make and file a complete record of persons placed under suspended sentence by the court. Exercise general supervision and observation over persons under suspended sentence by the court.
A felony has been committed and probable cause to believe the person to be arrested committed the felony. A misdemeanor has been committed in his/her presence and probable cause to believe the person to be arrested committed the offense. The person to be arrested has been involved in a traffic accident and violated any criminal section of Title 28 and that such violation occurred prior to, or immediately following, such traffic accident. A misdemeanor or petty offense has been committed and probable cause to believe the person to be arrested has committed the offense.
Authority of peace officers
A.R.S. §13-3871
Authority of peace officers.
This type of leader tends to feel a need of being very much in control. They are highly authoritative and make quick decisions without allowing officers to participate.
Autocratic
Withdrawal. Inappropriate outbursts of anger. Loss of appetite. Overeating. Difficulty sleeping. Sexual problems (impotency, under-desire or over-desire for sex). Alcoholism or drinking problems. Drug dependency. Thoughts of suicide. Anger. Impatience. Anxiety
BEHAVIORAL WARNING SIGNS OF STRESS
If with corrupt intent: 1. Such person offers confers or agrees to confer any benefit upon a public servant or party officer with the intent to influence the public servant's or party officer's vote, opinion, judgment, exercise of discretion or other action in his official capacity as a public servant or party officer; or 2. While a public servant or party officer, a person solicits, accepts (or agrees to accept) any benefit upon an agreement or understanding that his/her vote, opinion, judgment or exercise of discretion or other action as a public servant or party officer may thereby be influenced. Discuss how a bribe and gratuity differ. Emphasize that consideration is taken in return for some expected favor. A quid-pro-quo arrangement.
BRIBE
every person has only ONE supervisor or boss. That person in turn has a supervisor or boss. This continues to the top of the organization. For an organization to run effectively, officers cannot be given orders from different supervisor
CHAIN OF COMMAND
Civil litigation involves disputes between individuals or individuals and the state.
CIVIL PROCESS
A written statement of the essential facts constituting a public offense, made upon oath before a magistrate.
COMPLAINT
Article 11 attitude toward the profession Article 10 Presentation of Evidence Article 9 Gifts and Favors Article 8 Conduct in arresting and dealing with law violators Article 7. Conduct toward the public Article 6-Private Conduct Article 5- Cooperation with the public officials in the discharge of their authorized duties Article 4-Utilization of proper means to gain proper ends Article 3-Duty to be familiar with the law and responsibilities of self and other public officials Article 2-Limitations of Authority Article 1-Primary Responsibility of job: Protection of the people of the US through the upholding of their laws; constitutional rights.
Cannon of Police Ethics
These are certified peace officers responsible for crimes committed on the state capitol grounds. They are closely assisted by the Phoenix Police Department
Capitol Police
Unlawful procurement of a search warrant with intent to harass and without probable cause, causes the search warrant to be executed as a
Class 2 misdemeanor.
The laws were based upon the social system of Babylon, with a different set of laws and punishments for each social class: Upper class, commoners and slaves. The laws contained retributive punishment. If the right hand stole, it was cut off. If the person lied or slandered, the tongue was cut off. An "eye for an eye" justice was practiced and was known as Lex Talionis. The king selected individuals who could read to be the messengers. Their function was to go to each of the regions of the empire and tell everyone the law. After the public was informed, the law would be enforced. The messenger then became the judge and jury for each violation of the offense. Enforcement of the law was the responsibility of the military.
Code of Hammurabi
Unless altered by the lease, a commercial landlord may lock a commercial tenant out of the property five (5) days after rent is due and unpaid. In addition, the commercial landlord will have a lien on the tenant's personal prop- erty at the site pending payment of the rent and other amounts due.
Commercial tenancies.
The judicial determination that an adjudicated delinquent be confined in the Arizona Department of Juvenile Corrections (ADJC).
Commitment:
What is the Criminal Justice System? It consists of three (3) components, whether it is the state of Arizona or the U.S.
Cops Courts Corrections
Most neglected component of the criminal justice system and receives the smallest part of the criminal justice budget.
Corrections
They assist in operating a detention facility, providing security for the superior court and transport prisoners. (Executive branch)
Corrections
Sheriff. Animal Control. Parks Police. County Attorney. Community College Police.
County
The law enforcement agencies at this level enforce state statutes and county ordinances.
County
Charged with the responsibility of prosecuting all violations of state law and county ordinances within the county. They may provide support for large local or state agency investigations. Oftentimes, the county attorney requests that the attorney general investigate matters that involve a conflict of interest for them. The county attorney also has an investigative division, consisting of peace officers certified by AZ POST.
County Attorney
the least culpable mental state. The distinction between this and recklessness is the failure to perceive the risk or circumstances of the prohibited act.
Criminal negligence
an ongoing formal or informal association of persons whose members or associates, individually or collectively, engage in the commission, attempted commission, facilitation or solicitation of any felony act and which has at least one (1) individual who is a criminal street gang member.
Criminal street gang
an individual to who two (2) of the following seven (7) criteria, which indicate criminal street gang membership, apply: Self proclamation. Witness testimony or official statement. Written or electronic correspondence. Paraphernalia or photographs. Tattoos. Clothing or colors. Any other indicia of street gang membership.
Criminal street gang member
A.R.S. §13-3875
Cross-certification of federal peace officers.
This agency's mission is to control narcotic and dangerous drug abuse through enforcement and prevention programs. They also provide specialized training in narcotic and dangerous drug control to local, state and other federal law enforcement officers each year.
DEA
Duties of _______can be divided into three (3) basic classifications or divisions: The highway patrol, criminal investigations and support services.
DPS
an order, in writing, issued in the name of the state of Arizona, signed by a magistrate, directed to a peace officer, commanding him/her to search for personal property, persons or items described in A.R.S. §13-3912.
Definition of search warrant
Investigation Unit conducts criminal investigations of tax evasion, improper or fraudulent tax activity, and other related issues. The Criminal Investigation Unit also enforces the tobacco luxury tax by educating retailers and wholesaler organizations, by inspecting their premises for compliance with stamping requirements, and by monitoring compliance with tax laws.
Department of Revenue
may limit your discretion, treating certain conduct in a particular way, which reflects the community's concern. Generally short term. For example, that a sting operation involving prostitution offenses may require physical arrest
Departmental goals and objectives
Entrusting a task to another's care WITH authority to carry out the assignment.
Delegation
A juvenile who has been found by the court to have committed a delinquent act.
Delinquent
Any act by a child, at least eight (8) years of age, which if committed by an adult would be a criminal or a petty offense, or that has been designated as a delinquent offense. See A.R.S. §8-201(10).
Delinquent act:
This type of leader seeks ideas and suggestions from officers and allows them to participate in decision making that affects them.
Democratic
Enforces all laws pertaining to agriculture and horticulture. Most are non-commissioned and do not have arrest powers.
Department of Agriculture
Responsible for state-operated correctional facilities and individuals committed to the jurisdiction of the state. Investigators with the Arizona Department of Corrections are usually certified peace officers. Many of its correctional officers are limited reserve correctional officers and have limited arrest powers when on prison property or during an inmate chase. The Arizona Department of Corrections is a tremendous source of intelligence regarding gang activity
Department of Corrections
Authorized by Arizona Revised Statutes Title 4, employs law enforcement, licensing, auditing, education, publicity, and communication to meet our mission-critical objectives. Our dedicated civilian and sworn law enforcement staff along with community and statewide stakeholders-partners, carry out much of this work. The Investigation Division ensures compliance with Arizona liquor laws (A.R.S. Title 4) by providing educational courses on fake IDs and liquor law to licensees, conducting routine liquor inspections at licensed locations, responding to complaints received by the public, and training law enforcement agencies statewide on the Covert Underage Buyer (CUB) program and other liquor-related law enforcement.
Department of Liquor Licenses and Control
may limit your discretion by requiring that certain offenders be cited and released (e.g., shoplifters with identification), or that certain categories of offenses are always long-formed rather than handled by arrest (e.g., civil problems) or by specifying minimum conduct for which an arrest will occur (e.g., 25 miles or more over the posted speed limit).
Departmental policies and procedures
Under the age of eight (8) years old and who is found to have committed an act that would result in adjudication as a delinquent or incorrigible child if committed by an older child.
Dependent
The temporary confinement of a juvenile for the protection of the child or the community pending court resolution of the juvenile's case or subsequent to adjudication.
Detention
No child shall be held in detention for more than 24 hours unless a petition alleging incorrigible, delinquent or criminal conduct has been filed; and no juvenile shall be held longer than 24 hours after the filing of said petition unless ordered by the court after a hearing.
Detention hearing.
A judicial determination on whether to hold or detain a juvenile pending further court proceedings.
Detention hearing:
The exchange of evidence and witness lists by the prosecution and the defense prior to trial. Intent of disclosure is to provide a swift and accurate trial.
Disclosure:
The court may award (sentence) a delinquent child as follows: To the care of his/her parents, subject to the supervision of a probation department. To a probation department, subject to such conditions as the court may impose. To a reputable citizen of good moral character, subject to the supervision of a probation department. To a public or private, agency or institution, subject to the supervision of a probation officer. To Department of Juvenile Corrections without further directions on the placement by the department. T o the maternal or paternal relatives, subject to the supervision of a probation department.
Disposition and commitment.
A hearing to determine the most appropriate disposition of a juvenile
Disposition hearing:
The judicial determination that a juvenile be committed to ADOJC, confined in a detention center, placed in a care or treatment program, placed on probation, terminated, released other outcomes deemed appropriate by the court.
Disposition:
The disposition of a juvenile case which makes unnecessary the completion of the formal court process. The diversion may be accomplished before, or after, the filing of a formal petition or complaint.
Diversion:
Depression. Frustration.
EMOTIONAL WARNING SIGNS OF STRESS
anything presented to a judge or jury that is offered to prove the existence of a fact.
Evidence
As an item of proof (something which tends to prove a fact at issue). To impeach a witness (prior inconsistent statements). Example: Witness testifies at trial that she has never met the defendant, but told police in an earlier interview that she had dated the defendant. To rehabilitate a witness (prior consistent statements). Example: Defense alleges that a witness is lying about seeing a certain vehicle near a robbery scene in order to frame the defendant. An earlier statement given by the witness describing the same vehicle prior to knowing it belonged to the defendant can be introduced. To assist in determining sentence (facts or circumstances which might aggravate or mitigate the situation). Example: Evidence showing that the victim begged for his/her life, or that the crime was committed in a particularly cruel manner.
Evidence uses
Present Sense Impression - statement describing or explaining an event or condition made while the person was perceiving the event or condition, or immediately after. Excited Utterance - statement relating to a startling event or condition made while the person was under the stress of excitement caused by the event or condition. Recorded Recollections Public Records and Reports - includes records, reports, statements or data compilations, in any form, of public offices or agencies, but excludes police reports. Records of Vital Statistics - records or data compilations, in any form, of births, fetal deaths, deaths or marriages, if the report thereof was made to a public office pursuant to requirements of law. Judgments of Previous Convictions.
Exceptions to Hearsay (these types of hearsay statements can be used regardless of whether the person who made the out-of-court statement is available to testify at trial)
Statement under belief of impending death (dying declarations).- in homicide prosecution, statement made by a person believing his/her death was imminent concerning the cause or circumstances of what the person believed to be his/her impending death.
Exceptions under Rule 804 (to introduce the following types of hearsay statements in court, the person who made the out-of-court statement must be unavailable to testify at trial).
What are the branches of government?
Executive Legislative Judicial
This branch of government is responsible for executing, enforcing and setting the policy of the law.
Executive Branch
________________ investigates espionage, bank robbery, interstate trans- portation of stolen property, civil rights matters and assaulting or killing the president or a federal officer.
FBI
U.S. District Court. U.S. Court of Appeals. U.S. Supreme Court.
FEDERAL COURT SYSTEM
WARRANTLESS SEARCHES AND SEIZURES
Field interviews. 1. Reasonable suspicion
The public being responsible to enforce its own laws and catch violators. Developed as the result of the decline of the Feudal System.
Frankpledge or "Mutual Pledge" System.
A. Property that may be repossessed without a court order: 1. Self help remedies. Auto repossessions. A creditor (the person or bank who loans money to buy the car) conditions the loan on a lien (security interest) in the property. If the appropriate paperwork is completed and filed, the creditor becomes a secured party. A secured party can retake possession of collateral for a loan when the contract for sale is breached (e.g., payments are not made) without a court order so long as it can be accomplished without a breach of the peace. A breach of the peace in this context includes such things as forcible entry (e.g., cutting a lock on a gate) onto a person's private property without consent and resistance (e.g., yelling and shouting) by the owner to the repossession
GENERAL CONCEPTS PERTAINING TO THE LEGAL REPOSSESSION OF PROPERTY
Acts as an investigative body for the county attorney. 2. Twelve (12) to sixteen (16) people on the jury. Nine (9) people required for a quorum. 3. Proceedings are recorded with the exception of deliberations and voting. 4. No grand jury member may vote on any matter in which evidence was heard in his/her absence. 5. The burden of proof in grand jury deliberations is probable cause. 6. Hearsay evidence is admissible in grand jury hearings. 7. A grand jury indictment is called a true bill. 8. All deliberations are secret and it is illegal to divulge the proceedings of a grand jury.
Grand Juries (county level).
Anything of value intended to benefit the receiver; given to the person because of his/her position of authority. Most common in law enforcement: free or reduced meals...leave enough tip to cover the whole meal.
Gratuity
A search warrant may be issued upon any of six (6) grounds (list grounds in warrant). Property to be seized was stolen or embezzled. Used as a means of committing a public offense. Property is in the possession of a person with the intent to use the property to commit a public offense or a person concealing property. Property or items to be seized indicates a particular offense was committed or that a person has committed the offense. Property is to be searched in the interest of public health. The person sought is the subject of an outstanding arrest warrant.
Grounds for issuance of a warrant
This branch of government writes or creates laws. Also, it determines the budget of government that includes both the executive and judicial branch. This will also affect the policies of government due to budget constraints.
Legislative Branch
Ambassadors and foreign ministers, are totally immune from arrests for any crime, and their their families, servants and staff have varying levels of immunity.
IMMUNITY FROM ARREST
This is an exception to the doctor/patient privilege.
INFORMATION OBTAINED FROM MEDICAL SOURCES IN DUI CHILD ABUSE CASES AND CERTAIN TYPES OF WOUNDS
U.S. National Central Bureau (USNCB) is a component of the U.S. Department of Justice. It services as the US representative to INTERPOL, the International Criminal Police Organization. The USNCB is the central point of contact for all INTERPOL matters in the United States including secure communications with police authorities in INTERPOL'S 187 member countries and access to INTERPOL's various databases.
INTERPOL - U.S. National Central Bureau
PROBLEM-SOLVING STEPS IN LAW ENFORCEMENT
Identify the problem. Analyzing the problem Developing alternatives. Selecting a solution. Evaluate
A child adjudicated as one who refuses to obey the reasonable and proper order or direction of a parent, guardian or custodian and who is beyond the control of such person(s), or any child who is habitually truant from school or who is a runaway from his/her home, parent, guardian or custodian; or who habitually behaves in such a manner as to injure or endanger the morals or health of self or others; or commits an act constituting an offense that can only be committed by a minor and is not designated a delinquent act; or fails to obey any lawful order of a court of competent jurisdiction given in a noncriminal action.
Incorrigible
A.R.S. §13-3874
Indian police, powers and qualifications.
A written statement charging the commission of a crime, signed and presented to the court by a prosecutor
Information
A person who is arrested and taken into custody must be brought before a magistrate within 24 hours after an arrest for an initial appearance.
Initial appearance.
Innkeepers' liens are established by state law and provide hotels and motels renting to transient occupants, a lien on the property of a guest who does not pay for services rendered.
Innkeepers.
the most culpable (blameworthy) mental state. The person's intent was to commit the crime or to cause the results that occurred.
Intentionally
Vehicle - inventory of vehicle is proper if the vehicle is lawfully taken into custody and if the following circumstances exist: Inventory is done with the intent to protect the owner's property and/or the officer from allegations of theft. Good faith is essential. Agency must have a written policy concerning inventory and policy must be complied with.
Inventory
Dangerous weapons. Terry v. Ohio. Fruits of a crime (stolen property). Ariz. v. Mahoney Instrumentalities of a crime. Abel v. U.S. Contraband (drugs). Minnesota v. Dickerson. Suspects and additional victims. Ariz. v. Mincey.
Items for which an officer may search
The power of a court to review actions and decisions made by other agencies or branches of government.
JUDICIAL REVIEW:
A.R.S. §4-241(L) - a minor misrepresents his/her age by means of a written instrument (misdemeanor). B. A.R.S. §4-241(M) - a minor trying to get another person to purchase alcohol for him/her (misdemeanor). C. A.R.S. §4-241(N) - fraudulent or false identification or using identification of another to gain access to a licensed establishment (misdemeanor). D. For violations of A.R.S. §4-241(C) and (E) - the minor's driver's license is suspended for six (6) months (1st offense) and 12 months (2nd offense). E. A.R.S. §4-244(9) - person under the legal drinking age to buy, receive, have in the person's possession or consume spirituous liquor.
JUVENILE ALCOHOL OFFENSES
Consists of the courts at both the federal and state level. They determine the guilt or innocence of criminal offenders and hear civil disputes. Make judgments, decisions and interpretations concerning the law, policies and decisions of the executive and legislative branches. JUDICIAL REVIEW is an integral part of this branch of government.
Judicial
Primary function - the arena for legal prosecution of criminal defendants. It is like a criminal suit by the state against an accused individual. The court serves as the arbitrator (referee)
Judicial Courts
The authority or power of a court to hear a particular type of case.
Juristiction
The division of the Superior Court having original jurisdiction over children, under the age of 18 years, in all proceedings relating to delinquency, dependency or incorrigibility.
Juvenile court
The United States Supreme Court ruled in the Gault decision that juveniles are guaranteed the following rights: Early notice of charges Right to remain silent Right to adequate warning of the privilege against self-incrimination Right to confront and cross-examine witnesses Right to legal counsel, whether private or court appointed, in cases which might result in incarceration
Juvenile rights; Miranda
Depending on the age of the juvenile and the offense committed, juveniles may be automatically transferred to adult court to be tried as adults or may be subject to a hearing to determine whether they should be transferred to adult court to be tried as an adult.
Juvenile transfer:
A person subjected to the jurisdiction of the juvenile court because he/she is under the age of 18 years.
Juvenile:
Reasonable time to respond must be given. After notice of authority/presence and purpose of the search warrant, admittance is refused.
Knock and announce requirements.
This generally refers to the circumstances surrounding the defendant's conduct and not the conduct itself or its results. For example, a person acts knowingly when he/she receives property that he/she is aware, or believes, has been stolen.
Knowingly
________________is the kind of stress that causes trouble for most of us.
LONG-TERM
This type of leader is also known as a Free- Rein leader. They play down their role as a supervisor and mainly desire to be liked by officers. A climate of permissiveness is created and feelings of insecurity develop because they are left without a strong leader and direction.
Laissez Faire
Primary functions of municipal police officers and county sheriff deputies: Conflict resolution - problem solving.
Law Enforcement
Odd shift schedules that contrast with family.
Law enforcement career's effects on family and social relationships
Volunteer groups of men that only worked at night. They carried with them noise- makers. They used these to identify each other and to scare away troublemakers. Criminals were often assigned to perform this function. Also, the system of using the English system of a constable and watch was used.
Law enforcement prior to 1800.
No use of force permitted unless it is a Writ of Restitution (e.g., deputy cannot force entry to execute a Writ of General or Special Execution). The officer is only allowed, when completing a Writ of Execution, to seize an amount of property sufficient to satisfy the judgment. Reasonable care must be taken to seize enough to satisfy the judgment and no more.
Limitations on repossessions of property.
the law limits the circumstances under which you can exercise your discretion in numerous ways including immunity, mandatory arrest offenses and jurisdiction to arrest.
Limits of Discretion
City Police. Airport Police. Parks Police
Local
Same as county agencies. However, the local law enforcement agencies have the authority to enforce state statutes and local ordinances of their jurisdiction.
Local
In some situations it is preferable to delay arrest or summon the defendant into court; in other words, to send the reports to the prosecutor who determines whether to file charges and what charges to file. Various factors must be considered when making this decision. When is long-forming used? Some situations where a long form complaint is appropriate might be: When your probable cause is weak and a victim is demanding action, yet the suspect does not appear to be a threat to anyone's physical safety. When it is a complex case requiring a lot of follow-up by a specially trained investigator, such as a computer fraud case. When the non-dangerous suspect's medical condition is poor and would be exacerbated by incarceration.
Long form or complaint in lieu of arrest.
Officers have an obligation to ensure the safety and well being of persons, including juveniles, who are in their custody. An officer who has a juvenile in custody who is in need of medical treatment should transport the child to an appropriate medical facility, or arrange for the release (when and as permitted by law) of the child to an appropriate party (parent or guardian) who can arrange for the juvenile's care.
MEDICAL AID FOR A JUVENILE
When a sexual assault medical examination is needed quickly, a minor 12 years of age or older may give consent when parents/guardian are unavailable. A.R.S. § 13-1413
MINOR WHO IS A SEXUAL ASSAULT VICTIM
A warrant ____________________________________ prior to serving
MUST BE CONFIRMED
Any two (2) or more public agencies as defined by §11-951 having and maintaining peace officers, may by action of their respective legislative or other governing body, enter into mutual aid agreements with respect to law enforcement provided mutual aid agreements entered into on the part of the state of Arizona shall be approved by the agency involved and the governor. A peace officer, acting within the jurisdiction of any other public agency pursuant to mutual aid agreement, shall have full authority to act as a peace officer to the same extent as if he/she were a duly appointed, qualified and acting peace officer of such public agency as herein defined.
MUTUAL AID AGREEMENTS
As a result of the _______________, and later events, several important concepts became important to not only the English criminal justice system, but to the U.S. as well: Taxation with representation. Due process. The right to trial. A jury of one's peers. Search warrants.
Magna Carta
In 1214 AD, the _________________ was signed by King John (the Terrible) after losing a rebellion with his barons and other nobility. The _________________ is important because it is the foundation of our procedural due process and the Bill of Rights. King John and his sheriffs were arresting people without warrants and punishing them without a trial. He would hold them in prison without letting people know what had happened.
Magna Carta
PHYSIOLOGICAL NEEDS: Food, water and air. b. SAFETY NEEDS: Heat, cool, fire, shelter and weapons. c. NEED TO BE LOVED: Everyone wants to feel needed and loved. d. NEED TO LOVE: Everyone feels the need to care about and love another human being (i.e., even newborn babies need human touch to live and be healthy). e. SELF ACTUALIZATION: When all of these needs are being met, an employee is the happiest and most productive.
Maslow's Hierarchy of Needs
How is the arrest made?
Method of arrest for officers (A.R.S. §13-3888) - must inform the arrestee of your authority to arrest and the cause for the arrest, unless: The arrestee is engaged in the offense. The arrestee is pursued immediately after the offense, or after an escape, or flees or forcibly resists; or Giving the information would imperil the arrest.
Inform the arrestee of the cause of the arrest and the fact that there is a warrant UNLESS: The arrestee flees or forcibly resists, or Giving of the information will imperil the arrest. If the arrestee requests to see the arrest warrant, show it to him/her as soon as practical (it is not necessary to have it in your possession).
Method of arrest with a warrant (A.R.S. §§13-3887 and 13-3897).
Enforce motor vehicle laws. Driver licenses. Vehicle registrations and licenses.
Motor Vehicle Department (MVD/OSI)
The inability or unwillingness of a parent, guardian or custodian of a child to provide that child with supervision, food, clothing, shelter or medical care which causes unreasonable risk of harm to the child's health or welfare
Neglect:
Photographs, measurements, impressions and scientific tests are permitted. Searching persons found at the premises, or vehicle, is permitted if: It is reasonably necessary to protect against the use of a concealed weapon. It reasonably appears that property or items enumerated in the warrant may be concealed upon the person, or in the vehicle
No-knock requirements
Some out-of-court statements are not considered hearsay under Rule 801.
Non-Hearsay
Accept lawful authority without disagreement. Never show disrespect for the supervisor (through your actions AND words). Give full attention to details. Display both physical and moral courage to do the right thing. (Do not worry about honest mistakes. Ethics is everything a person has.) ****Each officer is responsible for the job getting done correctly and in the right manner.
OFFICER TO SUPERVISOR
The interests of the citizen or victim The best interests of the department The best interests of the community. Departmental policies and procedures Statutory requirements
OFFICER USE OF DISCRETION
Assists with hazardous materials issues, emergency preparations for natural and man-caused disasters and is the state liaison with the Federal Emergency Management Agency (FEMA).
Office of Emergency Services
Headaches. Digestive disorders. Hypertension (high blood pressure). Low back pain. Arthritis. Coronary heart disease Cold hands/feet. Ulcers. Nausea or a "sick feeling." Shortness of breath. Teeth grinding. Skin problems. ARE________________?
PHYSICAL WARNING SIGNS OF STRESS
Preventing the introduction of evidence which is irrelevant or unreliable. Preventing the introduction of evidence which is unfairly prejudicial Preventing the introduction of evidence that is unduly time consuming to present.
PURPOSES AND USES OF EVIDENTIARY RULES
Usually non-commissioned officers who patrol parks as park rangers. If non-commissioned, they have no enforcement powers. Actual park police are AZ POST certified peace officers and have arrest powers. These officers are found at the local, county, state and federal levels.
Parks Police
An early and conditional release from serving time in prison. A parole board determines whether or not the person is rehabilitated to the extent of benefiting from leaving prison to finish their prison term in the community under parole release conditions. A parole officer is assigned to monitor the behavior of the convicted offender. If the offender does not meet the parole conditions of release, they are placed back in prison after a parole hearing
Parole
If a person successfully serves their time, they may be released early. This is called parole and it is a conditional release, just like probation. The individual is supervised by a parole officer.
Parole
The _______________ is the person that oversees or supervises the individual to see if the person is meeting those conditions. They are under the court component.
Probation Officer
-Organization along military lines. -Governmental control. -Police efficiency reflected by crime rate. -Distribution of crime data is essential. -Proper deployment. -Command of temper (professionalism). -Good appearance. -Training of "proper" persons. -Police officers given numbers. -Centrally-located headquarters. -Probationary period for all officers. -Complete police records to be kept.
Peel's Principles
Identify the three (3) keys to emotional survival
Personal time management. Physical fitness. Having "other" significant roles.
List the three (3) categories of manifestations or warning signs of stress
Physical. Emotional. Behavioral.
If the officer is where he/she has a right to be, whatever is observed in the open where it can be seen by anyone who cares to look, is in plain view and it is not a search to observe it. Key to the plain view doctrine is lawful presence and probable cause to believe item to be seized constitutes evidence or contraband.
Plain view doctrine.
A process in which the prosecutor offers to allow the defendant to plea to a lesser charge, with either a fixed sentence or an agreed upon range of sentencing, in exchange for dismissal of the original, more serious charge.
Plea bargaining
Who has authority to make an arrest?
Police officer - with or without an arrest warrant. A citizen. A citizen may make an arrest under certain circumstances, but the citizen's authority is more limited than that of a peace officer. Limited to felony or breach of the peace misdemeanor (A.R.S. §13-3884). A merchant - for shoplifting under A.R.S. §1805(C) and (D) and a movie theatre operator -for recording a movie without consent under A.R.S. §3723(B).
Writ of Garnishment: A proceeding in which a creditor (the party allegedly owed money by the defendant) seeks to control the property or money of a third party, owed by the third party to the defendant. A Writ of Garnishment seeks to satisfy a debt out of property in possession of a third party. Usually used by a creditor to seize wages, the contents of bank accounts and stocks and bonds. General and Special Execution. A Writ of General Execution is an order to enforce the judgment of a court. This court order directs a sheriff, or other appropriate official, to enforce a judgment through the process of execution. Judgment is executed by the official taking custody of a sufficient amount of the defendant's property to be sold at auction to satisfy the judgment.
Post-judgment seizures.
Involved with investigating mail theft and assaults and crimes against postal employees.
Postal Service (Postal Inspector's Office)
An order that may include taking or seizing property to bring it under control of the court prior to final judgment in the case. The purpose of attachment, including garnishment, is to hold the property of the defendant as security for the satisfaction of any judgment the plaintiff may recover against the defendant in a suit pending on a contract, express or implied, for the direct payment of money.
Pre-judgment seizures (Writ of Attachment and Replevin).
A juvenile proceeding for delinquency or incorrigibility is initiated by filing a juvenile referral with the juvenile court in the county where the alleged act is committed. **Upon receipt of the referral of a felony, the case will be forwarded to the county attorney for review.
Pre-petition referral.
An investigation conducted by a probation officer to gather information relating to the back- ground of the offender and other matters relevant to sentencing. A summary of the investigation is presented to the sentencing judge in the form of a pre-sentencing report.
Pre-sentence report:
Hearings, usually upon request of the prosecutor or defense attorney, to determine either substantive or procedural issues prior to trial.
Pre-trial court hearings
____________________begins with good field work. Write thorough, professional police reports.
Preparation
If the juvenile requests a parent or guardian (not an attorney), officer can question the juvenile if reasonable attempts to locate are unsuccessful. Document the attempts.
Presence of a parent or guardian
Common Law and Statutory. Marital Communications Attorney-Client Physician-Patient
Privileges: the protection of interest and relationships that, rightly or wrongly, are regarded of sufficient social importance to justify some sacrifice of availability of evidence relevant to the administration of justice.
knowledge based on facts and circumstances which would cause reasonable and prudent police officers to believe that a crime has been, or is being, committed and that the person to be arrested has committed, or is committing, a crime.
Probable Cause
A conditional release of the offender, after conviction, with NO SENTENCING TO JAIL OR PRISON TIME BEING SERVED.
Probation
A sentence handed down by a court just the same as prison time is a sentence handed down by a court. The person is convicted of the offense and then sentenced to "supervised" or "unsupervised" probation. Under the theory of probation, if the convicted offender does not meet the conditions of his/her probation...they are sentenced to prison.
Probation
Determine the identity and address of the accused. Advise the accused of charges against him/her. Advise the accused of the right to counsel and the right to remain silent. Determine whether probable cause exists for purpose of release from custody; release if there is no probable cause. Determine if the accused is eligible for appointed defense counsel. Determine if the accused is eligible for secured or unsecured release (setting of bail) and to set conditions of release.
Purpose of initial appearance:
Progressive relaxation. Music, videos of nature, etc. Prayer/quiet times or meditation. Recreational reading. Stretching exercises.
RELAXATION TECHNIQUES
Certain types of information, if released to the public during an investigation, or prior to trail, can jeopardize the investigation and/or prejudice the rights of the suspect/arrestee. Information prohibited from disclosure by agency policy. Statements as to the character or reputation of an accused person or prospected witness. Admissions, confessions or alibi evidence attributed to an accused. Refusal of a suspect or witness to take any tests. The believed credibility of an accused person or witness. The probability of the accused entering a guilty plea. The opinionated value of evidence against an accused.
RELEASE OF INFORMATION/EVIDENCE TO THE PUBLIC
Regulates dog and horse racing. Officers are generally not certified peace officers.
Racing Commission
Facts which you can articulate which would reasonably warrant suspicion that a crime has, is, or will be committed.
Reasonable Suspicion
________________is a key component to reducing stressors in our lives is to control our time.
TIME MANAGEMENT
A detailed receipt for property shall be given, or left, where the property was taken from.
Receipt for property:
the conscious disregard of a substantial and unjustifiable risk that the prohibited result will occur. For example, pulling a gun in a crowded restaurant is an act that consciously disregards the risk that someone will, or can, be injured. (A conscious risk-taking.)
Recklessly
Objectives of Corrections:
Rehabilitation (help them change). Deterrence (stop them from committing more crime). Specific (aimed toward the violator). General (aimed toward the public). Incapacitation (make it so they cannot commit the crime again). Retribution (a form of "paying back" society).
There is probable cause to believe that the specific items being sought are evidence of criminal activity, AND. There is probable cause to believe that the specific evidentiary items are located at the place specified in the warrant. Signed by an impartial judge (Superior Court, Justice of the Peace, Magistrate, Court of Appeals or Supreme Court of Arizona). Affidavit documenting probable cause. Specific in date/time/location. Scope of search - detailed and adhered to.
Requirements to obtain a search warrant:
A Writ of Restitution is employed to enforce a judgment to recover the possession of land. It commands the sheriff or constable to enter the land and give possession of it to the person entitled to it under the judgment. Force may be used by the sheriff or constable to enter a house or apartment to evict the residents. Only used where the right of possession has been fully determined by a court judgment or decree and when the defendant refuses to give up possession.
Residential landlord/tenant situations (Writ of Restitution).
Seized property shall be retained by the seizing agency.
Retention of property:
If a juvenile is brought to a law enforcement facility, either to await responsible party pick up or to prepare to transfer to a juvenile detention facility, the following three (3) criteria must be met in order to place a juvenile in a secure area of a facility: The juvenile must be accused of a criminal act (not a status offense as the most serious charge); The juvenile must be sight and sound separated from adult prisoners at all times while in custody ; and, The juvenile must be removed from the secure area within six (6) hours.
SECURING JUVENILES AT FACILITIES
____________is the "healthy kind of stress." It represents a challenge or a threat that causes an alarm reaction that we ARE ABLE to respond to effectively.
SHORT-TERM
At age 24, he became Chief Secretary to Ireland where he established the Royal Irish Constabulary to enforce British rule over Ireland.
SIR ROBERT PEEL (PEELIAN REFORM)
there are a certain number of officers that a supervisor can effectively super- vise. This number is generally felt to be between six to eight (6-8), depending on the types of assignments of the officers. More than this can cause lack of control and productivity.
SPAN OF CONTROL
An order requiring a person to appear at a designated time and place, usually at a court or attorney's office, to give testimony (at a hearing, trial or deposition) or to provide documents.
SUBPOENA
An order from the court commanding the named defendant to appear in a court of law to answer to a criminal charge.
SUMMONS (CRIMINAL)
______________FOCUS ON WHAT THEY DO CONTROL
SURVIVORS
Searches incident to custodial arrests are approved by the courts because they are necessary to protect the arresting officer and avoid destruction of evidence by the arrested person. Search and arrest must be contemporaneous. Permissible scope of the search - if the lawful custodial arrest takes place within the premises, the officer may search the arrestee and the area under his/her immediate control for weapons, fruits of the crime and evidence of the crime and any areas immediately adjacent from which an attack could be launched; additionally any other areas of the home for which there is reasonable suspicion to believe a suspect is present. **Search of a motor vehicle incident to lawful, custodial arrest.
Search incident to arrest.
A search warrant must be executed with five (5) calendar days of being issued. An option to renew the warrant for five (5) calendar days is available with the judge's authorization. Once served, the search warrant must be returned to a magistrate within three (3) court business days after being executed.
Search warrant return:
Created in 1862, protects the person of the president, his family, the president-elect, government officers, major presidential candidates, former presidents and their families and visiting heads of foreign states. It also investigates counterfeiting and other financial crimes, including financial institution fraud, identity theft, computer fraud; and computer- based attacks on our nation's financial, banking, and telecommunications infrastructure
Secret Service
The hearing at which the penalty is imposed on the individual convicted of the crime.
Sentencing hearing:
The concept of ___________ was developed from the office of Shire-Reeve. The Shire-Reeve was responsible for the jail and to gather taxes for the king.
Sheriff
The duties of the ___________ vary from county to county; however, they generally include serving civil process, maintaining the jail and policing the unincorporated areas of the county. The sheriff is a public-elected official and serves terms of four (4) years.
Sheriff
Identify two (2) sources/kinds of stress
Short term. Long term.
AZ Department of Public Safety (DPS). AZ Motor Vehicle Department (MVD). Arizona National Guard. Office of Emergency Services. Department of Game and Fish. Parks Police. Racing Commission. Attorney General. Department of Corrections. Department of Agriculture. University Police. Capitol Police. AZ Department of Liquor Licenses & Control AZ Department of Revenue
State
Law enforcement agencies that enforce violations of, or regulate state laws. These law enforcement agencies have specific laws to enforce or regulate depending upon the juris- diction of the agency.
State
In considering whether a juvenile's consent is voluntary, the courts consider the juvenile's age, intelligence, the length of detention, whether the parents are present, and other factors.
State v. Hon. Butler and Tyler B., 232 Ariz 84, 302 P.3d 609 (Ariz. 2013)
*Towed vehicles - in Arizona, a tow company that has towed a vehicle from public or private property has no right to keep the vehicle until paid, except in two (2) situations: If the tow was directed by a law enforcement officer. If the tow was done by an express agreement between the owner and a garage, repair station or service station *Garage liens (Mechanic's Lien). *Material and labor liens on personal property.
Statutory liens allowing a person to legally retain property belonging to another.
Personal time management. Physical fitness. Having "other" significant roles.
THE KEYS TO EMOTIONAL SURVIVAL
An out-of-court statement offered in evidence to prove the truth of the matter asserted.
The Hearsay Rule
Responsible for overseeing the judicial or trial process. To ensure that the defendant's constitutional rights are protected and that proper procedure is followed.
The Judge
Judicial - (Courts):Consists of five (5) components:
The Prosecuting Attorney The Defense Attorney The Judge The Probation Officer Victim/Witness Services
Examines the case then determines whether to prosecute or not. If yes, he/she prepares for the case by examining evidence and preparing witnesses. Presents the case to the jury or judge, if it goes to trial. The prosecutor coordinates plea bargains of a lesser charge. Explain that the prosecution is part of the law enforcement working within the court system.
The Prosecuting Attorney:
Memory - are you recalling details of the incident consistently with how you recalled them when you wrote the report, gave a deposition and talked with a witness? This objection is overcome with preparation, which we have already discussed. Perception - no one perceives an event with 100% accuracy. Narration - this is the ability to testify in a manner that communicates information in as understandable a method as possible. It includes brevity and clarity. Honesty - this is whether the trier of fact believes you.
The defense attorney has four (4) main avenues of attack: Memory, perception, narration and honesty.
Provide guidance and direction. Provide specific responsibilities: Provide training. Provide leadership (motivate) with: Positive reinforcement. Negative reinforcement. Progressive discipline. Motivation by the work itself. Keep officers informed. Follow-up activities, goals, personal and professional growth of officers. Assist in making decisions as may be necessary. ****Accept responsibility for own failure. Mistakes happen.
The responsibility of the SUPERVISOR TO OFFICER:
Non-traditional view of the criminal justice system components are:
The victim. The legislature. Law enforcement. The courts. Corrections.
allows an arrest to be made any time of the day or night and any day of the week.
Time of day (A.R.S. §13-3882)
The court can then order the juvenile transferred if it is in the best interests of public safety.
Transfer hearing.
The Juvenile Court has jurisdiction over juvenile offenders who are charged under Title 8 unless either the state charges the juvenile as an adult under ARS 13-501 or the juvenile court transfers jurisdiction to the criminal division of the juvenile court under ARS 8-327. The transfer hearing is the hearing held when the juvenile court considers transferring the case to criminal court for prosecution.
Transfer hearing:
Types of Trial
Trial by jury: Jury = fact finder. Judge = referee. Trial by judge: "Bench Trial." Judge serves as both the fact finder and referee.
Rangers. Prosecutors. Office of Emergency Services. Gaming Commission. Police.
Tribal
The law enforcement agencies enforce violations of, or regulate tribal, state and federal law.
Tribal
has the responsibility of tracking and housing more than 215,000 federal prisoners across the nation in 135 prison facilities, 14 of which are contracted prisons. The U.S. Bureau of Prisons is another good source of intelligence regarding gang activity
U.S. Bureau of Prisons
investigate various issues as drug manufacturing, archaeological theft, resource violations, off-road vehicle use, and criminal violations occurring in the National Forests. They work in conjunction with local, state and county authorities in crime prevention and investigations.
U.S. Forest Service Law Enforcement
The primary enforcement arm within ICE is the Office of Detention and Removal (DRO) more commonly referred to as the Border Patrol. They are responsible for identification, apprehension, and removal of illegal aliens from the United States. The resources and expertise of DRO are utilized to identify and apprehend illegal aliens, fugitive aliens, and criminal aliens, to manage them while in custody and to enforce orders of removal from the United States. ICE is responsible for investigating a range of issues that may threaten national security. It uses its legal authority to investigate issues such as immigration crime, human rights violations, and human smuggling; narcotics, weapons and other types of smuggling; and financial crimes, cybercrime, and export enforcement issues. ICE special agents also conduct investigations aimed at protecting critical infrastructure industries that are vulnerable to sabotage, attack, or exploitation.
U.S. Immigration and Customs Enforcement (ICE).
investigate various issues as drug manufacturing, archaeological theft, off-road vehicle use, and criminal violations occurring in the National Parks. They work in conjunction with local, state and county authorities in crime prevention and investigations
U.S. National Park Service Law Enforcement
supervise the personal security of federal witnesses and their families, courtroom security, protection of federal property, transportation of federal prisoners and special assignments at the direction of the attorney general.
United States Marshal's Service
Sworn, certified peace officers responsible for maintaining order and investigating crimes involving or occurring on the property of the three (3) state universities (University of Arizona, Arizona State University and Northern Arizona University). Each has satellite campuses that may also have police officers.
University Police
May search without a warrant if probable causes exists
Vehicle Exception to the warrant requirement
Generally, the location where a crime is committed and the case will be tried.
Venue
This segment of the courts is part of the county attorney's office. They provide the victim with the following services: Financial assistance for loss of wages, counseling, medical needs and many other needs. They also provide referrals, support and volunteer helpers for victims and witnesses as well as providing transportation to court.
Victim/Witness Services
1. Parental referral 2. Physical referral 3. If the offense is an incorrigible offense, the juvenile may be released to an agency which has been designated to provide services to this type of offender.
When a juvenile has committed a delinquent act there are three (3) options at the arresting officer's discretion
Self-help or repossessions - see the previous discussion of auto repossessions, commercial tenancies and innkeepers. Court-ordered repossessions - the court order directs the sheriff or constable to repossess the property using Writs of Attachment (pre-judgment), Execution (post-judgment), Restitution or Garnishment.
Who may repossess property.
Parent/guardian notification per A.R.S. §8-823
Written notice within six (6) hours
Does personal conduct expectations apply only when on duty or does it extend to off-duty?
Yes!!! As it does for pilots, doctors, judges, teachers, etc. They apply off-duty as well...bar fights, DUI, DV, neighborhood conflicts, and others will all land an officer in major trouble including termination
In the _________stage, we first experience the stressor (the thing actually causing our stress).
alarm
Property that may only be repossessed with a
court order
Contact witness(es) - depending on the case, this may or may not be appropriate. In any event, the officer should never contact the ___________________
defendant.
The Fourth (4th) Amendment does not protect _____________________, ____________________
open fields, only curtilage.
A ________________ shall take a juvenile into temporary custody pursuant to the laws of arrest, with or without a warrant, when there are reasonable grounds to believe that either: The juvenile has committed a criminal act or a delinquent act which if committed by an adult could be a felony or breach of the peace. The juvenile has been apprehended in commission of a criminal act or a delinquent act, which if committed by an adult would be a felony, or in fresh pursuit.
peace officer
The 4th Amendment defines and limits the
power to arrest.
The ___________________ works closely with the police, judge and defense attorney.
prosecutor
When a person is arrested without a ___________, they are to be taken, without unnecessary delay, before a magistrate in the county where the arrest occurred. A complaint must be filed before the magistrate explaining the facts of the case and the basis of those facts.
warrant