All SPOs
Explain how digital evidence is preserved on collected physical devices
"Dumb" phones (e.g., older cell phones, flip phones) • Power off • Remove battery • Place in evidence bag • Document chain of custody information on evidence tag Smart devices (e.g., Apple, Android) • If it is powered off, leave it off • If it is powered on and locked with password o Attempt to get password from suspect o Note date, time, and password type (e.g., 4-digit, alphanumeric) o Place in airplane mode if available o Power off if airplane mode is unavailable o Place in evidence bag o Document chain of custody information in evidence tag • If the device is powered on and not locked with a password o Place device in airplane mode which allows for no carrier connectivity but still may have Wi-Fi connectivity to open networks o Because some phones have remote wiping programs consider turning off the Wi-Fi connections o Disable password screens and auto-lock if possible o Power off, if airplane mode unavailable o Place in evidence bag o Document chain of custody information on evidence tag o Take to lab for immediate acquisition because the battery life is drawing o It is okay to use your agency camera to take pictures of evidence that is located on a compute or phone screen but you should never use the suspect's or victim's phone to take screen shots of the evidence
4511.42 Right-of-way rule when turning left.
(A) The operator of a vehicle, streetcar, or trackless trolley intending to turn to the left within an intersection or into an alley, private road, or driveway shall yield the right of way to any vehicle, streetcar, or trackless trolley approaching from the opposite direction, whenever the approaching vehicle, streetcar, or trackless trolley is within the intersection or so close to the intersection, alley, private road, or driveway as to constitute an immediate hazard.
4513.22 Mufflers.
(A) Every motor vehicle and motorcycle with an internal combustion engine shall at all times be equipped with a muffler which is in good working order and in constant operation to prevent excessive or unusual noise, and no person shall use a muffler cutout, by-pass, or similar device upon a motor vehicle on a highway. Every motorcycle muffler shall be equipped with baffle plates. No person shall own, operate, or have in the person's possession any motor vehicle or motorcycle equipped with a device for producing excessive smoke or gas, or so equipped as to permit oil or any other chemical to flow into or upon the exhaust pipe or muffler of such vehicle, or equipped in any other way to produce or emit smoke or dangerous or annoying gases from any portion of such vehicle, other than the ordinary gases emitted by the exhaust of an internal combustion engine under normal operation. (B) Whoever violates this section is guilty of a minor misdemeanor.
4513.05 Tail lights and illumination of rear license plate.
(A) Every motor vehicle, trackless trolley, trailer, semitrailer, pole trailer, or vehicle which is being drawn at the end of a train of vehicles shall be equipped with at least one tail light mounted on the rear which, when lighted, shall emit a red light visible from a distance of five hundred feet to the rear, provided that in the case of a train of vehicles only the tail light on the rearmost vehicle need be visible from the distance specified. Either a tail light or a separate light shall be so constructed and placed as to illuminate with a white light the rear registration plate, when such registration plate is required, and render it legible from a distance of fifty feet to the rear. Any tail light, together with any separate light for illuminating the rear registration plate, shall be so wired as to be lighted whenever the headlights or auxiliary driving lights are lighted, except where separate lighting systems are provided for trailers for the purpose of illuminating such registration plate. (B) Whoever violates this section is guilty of a minor misdemeanor.
4513.071 Stop light.
(A) Every motor vehicle, trailer, semitrailer, and pole trailer when operated upon a highway shall be equipped with two or more stop lights, except that passenger cars manufactured or assembled prior to January 1, 1967, motorcycles, and motor-driven cycles shall be equipped with at least one stop light. Stop lights shall be mounted on the rear of the vehicle, actuated upon application of the service brake, and may be incorporated with other rear lights. Such stop lights when actuated shall emit a red light visible from a distance of five hundred feet to the rear, provided that in the case of a train of vehicles only the stop lights on the rear-most vehicle need be visible from the distance specified. Such stop lights when actuated shall give a steady warning light to the rear of a vehicle or train of vehicles to indicate the intention of the operator to diminish the speed of or stop a vehicle or train of vehicles. When stop lights are used as required by this section, they shall be constructed or installed so as to provide adequate and reliable illumination and shall conform to the appropriate rules and regulations established under section 4513.19 of the Revised Code. Historical motor vehicles as defined in section 4503.181 of the Revised Code, not originally manufactured with stop lights, are not subject to this section. (B) Whoever violates this section is guilty of a minor misdemeanor.
4513.03 Time for lighted lights on motor vehicles.
(A) Every vehicle, other than a motorized bicycle, operated upon a street or highway within this state shall display lighted lights and illuminating devices as required by sections 4513.04 to 4513.37 of the Revised Code during all of the following times: (1) The time from sunset to sunrise; (2) At any other time when, due to insufficient natural light or unfavorable atmospheric conditions, persons, vehicles, and substantial objects on the highway are not discernible at a distance of one thousand feet ahead; (3) At any time when the windshield wipers of the vehicle are in use because of precipitation on the windshield. Every motorized bicycle shall display at such times lighted lights meeting the rules adopted by the director of public safety under section 4511.521 of the Revised Code. No motor vehicle, during such times any time specified in this section, shall be operated upon a street or highway within this state using only parking lights as illumination. Whenever in such sections a requirement is declared as to the distance from which certain lamps and devices shall render objects visible, or within which such lamps or devices shall be visible, such distance shall be measured upon a straight level unlighted highway under normal atmospheric conditions unless a different condition is expressly stated. Whenever in such sections a requirement is declared as to the mounted height of lights or devices, it shall mean from the center of such light or device to the level ground upon which the vehicle stands. (B) Notwithstanding any provision of law to the contrary, no law enforcement officer shall cause the operator of a vehicle being operated upon a street or highway within this state to stop the vehicle solely because the officer observes that a violation of division (A)(3) of this section has been or is being committed or for the sole purpose of issuing a ticket, citation, or summons for a violation of that division, or causing the arrest of or commencing a prosecution of a person for a violation of that division. (C) Whoever violates this section is guilty of a minor misdemeanor.
4511.43 Right-of-way rule at through highways, stop signs, yield signs.
(A) Except when directed to proceed by a law enforcement officer, every driver of a vehicle or trackless trolley approaching a stop sign shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or, if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering it. After having stopped, the driver shall yield the right-of-way to any vehicle in the intersection or approaching on another roadway so closely as to constitute an immediate hazard during the time the driver is moving across or within the intersection or junction of roadways. (B) The driver of a vehicle or trackless trolley approaching a yield sign shall slow down to a speed reasonable for the existing conditions and, if required for safety to stop, shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or, if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering it. After slowing or stopping, the driver shall yield the right-of-way to any vehicle or trackless trolley in the intersection or approaching on another roadway so closely as to constitute an immediate hazard during the time the driver is moving across or within the intersection or junction of roadways. Whenever a driver is involved in a collision with a vehicle or trackless trolley in the intersection or junction of roadways, after driving past a yield sign without stopping, the collision shall be prima-facie evidence of the driver's failure to yield the right-of-way.
4511.12 Obedience to traffic control devices.
(A) No pedestrian, driver of a vehicle, or operator of a streetcar or trackless trolley shall disobey the instructions of any traffic control device placed in accordance with this chapter, unless at the time otherwise directed by a police officer. No provision of this chapter for which signs are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official sign is not in proper position and sufficiently legible to be seen by an ordinarily observant person. Whenever a particular section of this chapter does not state that signs are required, that section shall be effective even though no signs are erected or in place.
4511.204 Driving while texting.
(A) No person shall drive a motor vehicle, trackless trolley, or streetcar on any street, highway, or property open to the public for vehicular traffic while using a handheld electronic wireless communications device to write, send, or read a text-based communication. (B) Division (A) of this section does not apply to any of the following: (1) A person using a handheld electronic wireless communications device in that manner for emergency purposes, including an emergency contact with a law enforcement agency, hospital or health care provider, fire department, or other similar emergency agency or entity; (2) A person driving a public safety vehicle who uses a handheld electronic wireless communications device in that manner in the course of the person's duties; (3) A person using a handheld electronic wireless communications device in that manner whose motor vehicle is in a stationary position and who is outside a lane of travel; (4) A person reading, selecting, or entering a name or telephone number in a handheld electronic wireless communications device for the purpose of making or receiving a telephone call; (5) A person receiving wireless messages on a device regarding the operation or navigation of a motor vehicle; safety-related information, including emergency, traffic, or weather alerts; or data used primarily by the motor vehicle; (6) A person receiving wireless messages via radio waves; (7) A person using a device for navigation purposes; (8) A person conducting wireless interpersonal communication with a device that does not require manually entering letters, numbers, or symbols or reading text messages, except to activate, deactivate, or initiate the device or a feature or function of the device; (9) A person operating a commercial truck while using a mobile data terminal that transmits and receives data; (10) A person using a handheld electronic wireless communications device in conjunction with a voice-operated or hands-free device feature or function of the vehicle. (C) (1) Notwithstanding any provision of law to the contrary, no law enforcement officer shall cause an operator of an automobile being operated on any street or highway to stop the automobile for the sole purpose of determining whether a violation of division (A) of this section has been or is being committed or for the sole purpose of issuing a ticket, citation, or summons for a violation of that nature or causing the arrest of or commencing a prosecution of a person for a violation of that nature, and no law enforcement officer shall view the interior or visually inspect any automobile being operated on any street or highway for the sole purpose of determining whether a violation of that nature has been or is being committed. (2) On January 31 of each year, the department of public safety shall issue a report to the general assembly that specifies the number of citations issued for violations of this section during the previous calendar year. (D) Whoever violates division (A) of this section is guilty of a minor misdemeanor.
4511.21 Speed limits - assured clear distance.
(A) No person shall operate a motor vehicle, trackless trolley, or streetcar at a speed greater or less than is reasonable or proper, having due regard to the traffic, surface, and width of the street or highway and any other conditions, and no person shall drive any motor vehicle, trackless trolley, or streetcar in and upon any street or highway at a greater speed than will permit the person to bring it to a stop within the assured clear distance ahead. (B) It is prima-facie lawful, in the absence of a lower limit declared or established pursuant to this section by the director of transportation or local authorities, for the operator of a motor vehicle, trackless trolley, or streetcar to operate the same at a speed not exceeding the following: (1) (a) Twenty miles per hour in school zones during school recess and while children are going to or leaving school during the opening or closing hours, and when twenty miles per hour school speed limit signs are erected; except that, on controlled-access highways and expressways, if the right-of-way line fence has been erected without pedestrian opening, the speed shall be governed by division (B)(4) of this section and on freeways, if the right-of-way line fence has been erected without pedestrian opening, the speed shall be governed by divisions (B)(10) and (11) of this section. The end of every school zone may be marked by a sign indicating the end of the zone. Nothing in this section or in the manual and specifications for a uniform system of traffic control devices shall be construed to require school zones to be indicated by signs equipped with flashing or other lights, or giving other special notice of the hours in which the school zone speed limit is in effect. (b) As used in this section and in section 4511.212 of the Revised Code, "school" means any school chartered under section 3301.16 of the Revised Code and any nonchartered school that during the preceding year filed with the department of education in compliance with rule 3301-35-08 of the Ohio Administrative Code, a copy of the school's report for the parents of the school's pupils certifying that the school meets Ohio minimum standards for nonchartered, nontax-supported schools and presents evidence of this filing to the jurisdiction from which it is requesting the establishment of a school zone. "School" also includes a special elementary school that in writing requests the county engineer of the county in which the special elementary school is located to create a school zone at the location of that school. Upon receipt of such a written request, the county engineer shall create a school zone at that location by erecting the appropriate signs. (c) As used in this section, "school zone" means that portion of a street or highway passing a school fronting upon the street or highway that is encompassed by projecting the school property lines to the fronting street or highway, and also includes that portion of a state highway. Upon request from local authorities for streets and highways under their jurisdiction and that portion of a state highway under the jurisdiction of the director of transportation or a request from a county engineer in the case of a school zone for a special elementary school, the director may extend the traditional school zone boundaries. The distances in divisions (B)(1)(c)(i), (ii), and (iii) of this section shall not exceed three hundred feet per approach per direction and are bounded by whichever of the following distances or combinations thereof the director approves as most appropriate: (i) The distance encompassed by projecting the school building lines normal to the fronting highway and extending a distance of three hundred feet on each approach direction; (ii) The distance encompassed by projecting the school property lines intersecting the fronting highway and extending a distance of three hundred feet on each approach direction; (iii) The distance encompassed by the special marking of the pavement for a principal school pupil crosswalk plus a distance of three hundred feet on each approach direction of the highway. Nothing in this section shall be construed to invalidate the director's initial action on August 9, 1976, establishing all school zones at the traditional school zone boundaries defined by projecting school property lines, except when those boundaries are extended as provided in divisions (B)(1)(a) and (c) of this section. (d) As used in this division, "crosswalk" has the meaning given that term in division (LL)(2) of section 4511.01 of the Revised Code. The director may, upon request by resolution of the legislative authority of a municipal corporation, the board of trustees of a township, or a county board of developmental disabilities created pursuant to Chapter 5126. of the Revised Code, and upon submission by the municipal corporation, township, or county board of such engineering, traffic, and other information as the director considers necessary, designate a school zone on any portion of a state route lying within the municipal corporation, lying within the unincorporated territory of the township, or lying adjacent to the property of a school that is operated by such county board, that includes a crosswalk customarily used by children going to or leaving a school during recess and opening and closing hours, whenever the distance, as measured in a straight line, from the school property line nearest the crosswalk to the nearest point of the crosswalk is no more than one thousand three hundred twenty feet. Such a school zone shall include the distance encompassed by the crosswalk and extending three hundred feet on each approach direction of the state route. (e) As used in this section, "special elementary school" means a school that meets all of the following criteria: (i) It is not chartered and does not receive tax revenue from any source. (ii) It does not educate children beyond the eighth grade. (iii) It is located outside the limits of a municipal corporation. (iv) A majority of the total number of students enrolled at the school are not related by blood. (v) The principal or other person in charge of the special elementary school annually sends a report to the superintendent of the school district in which the special elementary school is located indicating the total number of students enrolled at the school, but otherwise the principal or other person in charge does not report any other information or data to the superintendent. (2) Twenty-five miles per hour in all other portions of a municipal corporation, except on state routes outside business districts, through highways outside business districts, and alleys; (3) Thirty-five miles per hour on all state routes or through highways within municipal corporations outside business districts, except as provided in divisions (B)(4) and (6) of this section; (4) Fifty miles per hour on controlled-access highways and expressways within municipal corporations; (5) Fifty-five miles per hour on highways outside municipal corporations, other than highways within island jurisdictions as provided in division (B)(8) of this section, highways as provided in divisions (B)(9) and (10) of this section, and highways, expressways, and freeways as provided in divisions (B)(13), (14), (15), and (17) of this section; (6) Fifty miles per hour on state routes within municipal corporations outside urban districts unless a lower prima-facie speed is established as further provided in this section; (7) Fifteen miles per hour on all alleys within the municipal corporation; (8) Thirty-five miles per hour on highways outside municipal corporations that are within an island jurisdiction; (9) Thirty-five miles per hour on through highways, except state routes, that are outside municipal corporations and that are within a national park with boundaries extending through two or more counties; (10) Sixty miles per hour on two-lane state routes outside municipal corporations as established by the director under division (H)(2) of this section; (11) Fifty-five miles per hour at all times on freeways with paved shoulders inside municipal corporations, other than freeways as provided in divisions (B)(15) and (17) of this section; (12) Fifty-five miles per hour at all times on freeways outside municipal corporations, other than freeways as provided in divisions (B)(15) and (17) of this section; (13) Sixty miles per hour for operators of any motor vehicle at all times on all portions of rural divided highways; (14) Sixty-five miles per hour for operators of any motor vehicle at all times on all rural expressways without traffic control signals; (15) Seventy miles per hour for operators of any motor vehicle at all times on all rural freeways; (16) Fifty-five miles per hour for operators of any motor vehicle at all times on all portions of freeways in congested areas as determined by the director and that are part of the interstate system and are located within a municipal corporation or within an interstate freeway outerbelt;
4511.20 Operation in willful or wanton disregard of the safety of persons or property. (i.e., reckless operation)
(A) No person shall operate a vehicle, trackless trolley, or streetcar on any street or highway in willful or wanton disregard of the safety of persons or property.
4511.39 Turn and stop signals.
(A) No person shall turn a vehicle or trackless trolley or move right or left upon a highway unless and until such person has exercised due care to ascertain that the movement can be made with reasonable safety nor without giving an appropriate signal in the manner hereinafter provided. When required, a signal of intention to turn or move right or left shall be given continuously during not less than the last one hundred feet traveled by the vehicle or trackless trolley before turning, except that in the case of a person operating a bicycle or electric bicycle, the signal shall be made not less than one time but is not required to be continuous. A bicycle or electric bicycle operator is not required to make a signal if the bicycle or electric bicycle is in a designated turn lane, and a signal shall not be given when the operator's hands are needed for the safe operation of the bicycle or electric bicycle. No person shall stop or suddenly decrease the speed of a vehicle or trackless trolley without first giving an appropriate signal in the manner provided herein to the driver of any vehicle or trackless trolley immediately to the rear when there is opportunity to give a signal. Any stop or turn signal required by this section shall be given either by means of the hand and arm, or by signal lights that clearly indicate to both approaching and following traffic intention to turn or move right or left, except that any motor vehicle in use on a highway shall be equipped with, and the required signal shall be given by, signal lights when the distance from the center of the top of the steering post to the left outside limit of the body, cab, or load of such motor vehicle exceeds twenty-four inches, or when the distance from the center of the top of the steering post to the rear limit of the body or load thereof exceeds fourteen feet, whether a single vehicle or a combination of vehicles. The signal lights required by this section shall not be flashed on one side only on a disabled vehicle or trackless trolley, flashed as a courtesy or "do pass" signal to operators of other vehicles or trackless trolleys approaching from the rear, nor be flashed on one side only of a parked vehicle or trackless trolley except as may be necessary for compliance with this section.
4511.29 Driving to left of center of roadway in overtaking and passing traffic proceeding in same direction.
(A) No vehicle or trackless trolley shall be driven to the left of the center of the roadway in overtaking and passing traffic proceeding in the same direction, unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made, without interfering with the safe operation of any traffic approaching from the opposite direction or any traffic overtaken. In every event the overtaking vehicle or trackless trolley must return to an authorized lane of travel as soon as practicable and in the event the passing movement involves the use of a lane authorized for traffic approaching from the opposite direction, before coming within two hundred feet of any approaching vehicle.
4511.30 Driving upon left side of roadway.
(A) No vehicle or trackless trolley shall be driven upon the left side of the roadway under the following conditions: (1) When approaching the crest of a grade or upon a curve in the highway, where the operator's view is obstructed within such a distance as to create a hazard in the event traffic might approach from the opposite direction; (2) When the view is obstructed upon approaching within one hundred feet of any bridge, viaduct, or tunnel; (3) When approaching within one hundred feet of or traversing any intersection or railroad grade crossing. (B) This section does not apply to vehicles or trackless trolleys upon a one-way roadway, upon a roadway where traffic is lawfully directed to be driven to the left side, or under the conditions described in division (A)(2) of section 4511.25 of the Revised Code.
4511.25 Lanes of travel upon roadways of sufficient width.
(A) Upon all roadways of sufficient width, a vehicle or trackless trolley shall be driven upon the right half of the roadway, except as follows: (1) When overtaking and passing another vehicle proceeding in the same direction, or when making a left turn under the rules governing such movements; (2) When an obstruction exists making it necessary to drive to the left of the center of the highway; provided, any person so doing shall yield the right of way to all vehicles traveling in the proper direction upon the unobstructed portion of the highway within such distance as to constitute an immediate hazard; (3) When driving upon a roadway divided into three or more marked lanes for traffic under the rules applicable thereon; (4) When driving upon a roadway designated and posted with signs for one-way traffic; (5) When otherwise directed by a police officer or traffic control device. (B) (1) Upon all roadways any vehicle or trackless trolley proceeding at less than the prevailing and lawful speed of traffic at the time and place and under the conditions then existing shall be driven in the right-hand lane then available for traffic, and far enough to the right to allow passing by faster vehicles if such passing is safe and reasonable, except under any of the following circumstances: (a) When overtaking and passing another vehicle or trackless trolley proceeding in the same direction; (b) When preparing for a left turn; (c) When the driver must necessarily drive in a lane other than the right-hand lane to continue on the driver's intended route. (2) Nothing in division (B)(1) of this section requires a driver of a slower vehicle to compromise the driver's safety to allow overtaking by a faster vehicle. (C) Upon any roadway having four or more lanes for moving traffic and providing for two-way movement of traffic, no vehicle or trackless trolley shall be driven to the left of the center line of the roadway, except when authorized by official traffic control devices designating certain lanes to the left of the center of the roadway for use by traffic not otherwise permitted to use the lanes, or except as permitted under division (A)(2) of this section. This division shall not be construed as prohibiting the crossing of the center line in making a left turn into or from an alley, private road, or driveway.
4511.81 Child restraint system - child highway safety fund.
(A) When any child who is in either or both of the following categories is being transported in a motor vehicle, other than a taxicab or public safety vehicle as defined in section 4511.01 of the Revised Code, that is required by the United States department of transportation to be equipped with seat belts at the time of manufacture or assembly, the operator of the motor vehicle shall have the child properly secured in accordance with the manufacturer's instructions in a child restraint system that meets federal motor vehicle safety standards: (1) A child who is less than four years of age; (2) A child who weighs less than forty pounds. (B) When any child who is in either or both of the following categories is being transported in a motor vehicle, other than a taxicab, that is owned, leased, or otherwise under the control of a nursery school or day-care center, the operator of the motor vehicle shall have the child properly secured in accordance with the manufacturer's instructions in a child restraint system that meets federal motor vehicle safety standards: (1) A child who is less than four years of age; (2) A child who weighs less than forty pounds. (C) When any child who is less than eight years of age and less than four feet nine inches in height, who is not required by division (A) or (B) of this section to be secured in a child restraint system, is being transported in a motor vehicle, other than a taxicab or public safety vehicle as defined in section 4511.01of the Revised Code or a vehicle that is regulated under section 5104.015 of the Revised Code, that is required by the United States department of transportation to be equipped with seat belts at the time of manufacture or assembly, the operator of the motor vehicle shall have the child properly secured in accordance with the manufacturer's instructions on a booster seat that meets federal motor vehicle safety standards. (D) When any child who is at least eight years of age but not older than fifteen years of age, and who is not otherwise required by division (A), (B), or (C) of this section to be secured in a child restraint system or booster seat, is being transported in a motor vehicle, other than a taxicab or public safety vehicle as defined in section 4511.01 of the Revised Code, that is required by the United States department of transportation to be equipped with seat belts at the time of manufacture or assembly, the operator of the motor vehicle shall have the child properly restrained either in accordance with the manufacturer's instructions in a child restraint system that meets federal motor vehicle safety standards or in an occupant restraining device as defined in section 4513.263of the Revised Code. (E) Notwithstanding any provision of law to the contrary, no law enforcement officer shall cause an operator of a motor vehicle being operated on any street or highway to stop the motor vehicle for the sole purpose of determining whether a violation of division (C) or (D) of this section has been or is being committed or for the sole purpose of issuing a ticket, citation, or summons for a violation of division (C) or (D) of this section or causing the arrest of or commencing a prosecution of a person for a violation of division (C) or (D) of this section, and absent another violation of law, a law enforcement officer's view of the interior or visual inspection of a motor vehicle being operated on any street or highway may not be used for the purpose of determining whether a violation of division (C) or (D) of this section has been or is being committed. (F) The director of public safety shall adopt such rules as are necessary to carry out this section. (G) The failure of an operator of a motor vehicle to secure a child in a child restraint system, a booster seat, or an occupant restraining device as required by this section is not negligence imputable to the child, is not admissible as evidence in any civil action involving the rights of the child against any other person allegedly liable for injuries to the child, is not to be used as a basis for a criminal prosecution of the operator of the motor vehicle other than a prosecution for a violation of this section, and is not admissible as evidence in any criminal action involving the operator of the motor vehicle other than a prosecution for a violation of this section. (H) This section does not apply when an emergency exists that threatens the life of any person operating or occupying a motor vehicle that is being used to transport a child who otherwise would be required to be restrained under this section. This section does not apply to a person operating a motor vehicle who has an affidavit signed by a physician licensed to practice in this state under Chapter 4731. of the Revised Code or a chiropractor licensed to practice in this state under Chapter 4734. of the Revised Code that states that the child who otherwise would be required to be restrained under this section has a physical impairment that makes use of a child restraint system, booster seat, or an occupant restraining device impossible or impractical, provided that the person operating the vehicle has safely and appropriately restrained the child in accordance with any recommendations of the physician or chiropractor as noted on the affidavit. (I) There is hereby created in the state treasury the child highway safety fund, consisting of fines imposed pursuant to division (K)(1) of this section for violations of divisions (A), (B), (C), and (D) of this section. The money in the fund shall be used by the department of health only to defray the cost of designating hospitals as pediatric trauma centers under section 3727.081 of the Revised Code and to establish and administer a child highway safety program. The purpose of the program shall be to educate the public about child restraint systems and booster seats and the importance of their proper use. The program also shall include a process for providing child restraint systems and booster seats to persons who meet the eligibility criteria established by the department, and a toll-free telephone number the public may utilize to obtain information about child restraint systems and booster seats, and their proper use. (J) The director of health, in accordance with Chapter 119. of the Revised Code, shall adopt any rules necessary to carry out this section, including rules establishing the criteria a person must meet in order to receive a child restraint system or booster seat under the department's child highway safety program; provided that rules relating to the verification of pediatric trauma centers shall not be adopted under this section. (K) Nothing in this section shall be construed to require any person to carry with the person the birth certificate of a child to prove the age of the child, but the production of a valid birth certificate for a child showing that the child was not of an age to which this section applies is a defense against any ticket, citation, or summons issued for violating this section.
4511.41 Right-of-way rule at intersections.
(A) When two vehicles, including any trackless trolley or streetcar, approach or enter an intersection from different streets or highways at approximately the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right. (B) The right-of-way rule declared in division (A) of this section is modified at through highways and otherwise as stated in Chapter 4511. of the Revised Code.
4511.33 Driving in marked lanes
(A) Whenever any roadway has been divided into two or more clearly marked lanes for traffic, or wherever within municipal corporations' traffic is lawfully moving in two or more substantially continuous lines in the same direction, the following rules apply: (1) A vehicle or trackless trolley shall be driven, as nearly as is practicable, entirely within a single lane or line of traffic and shall not be moved from such lane or line until the driver has first ascertained that such movement can be made with safety. (2) Upon a roadway which is divided into three lanes and provides for two-way movement of traffic, a vehicle or trackless trolley shall not be driven in the center lane except when overtaking and passing another vehicle or trackless trolley where the roadway is clearly visible and such center lane is clear of traffic within a safe distance, or when preparing for a left turn, or where such center lane is at the time allocated exclusively to traffic moving in the direction the vehicle or trackless trolley is proceeding and is posted with signs to give notice of such allocation. (3) Official signs may be erected directing specified traffic to use a designated lane or designating those lanes to be used by traffic moving in a particular direction regardless of the center of the roadway, or restricting the use of a particular lane to only buses during certain hours or during all hours, and drivers of vehicles and trackless trolleys shall obey the directions of such signs. (4) Official traffic control devices may be installed prohibiting the changing of lanes on sections of roadway and drivers of vehicles shall obey the directions of every such device.
4513.09 Red light or flag required.
(A) Whenever the load upon any vehicle extends to the rear four feet or more beyond the bed or body of such vehicle, there shall be displayed at the extreme rear end of the load, at the times specified in section 4513.03 of the Revised Code, a red light or lantern plainly visible from a distance of at least five hundred feet to the sides and rear. The red light or lantern required by this section is in addition to the red rear light required upon every vehicle. At any other time there shall be displayed at the extreme rear end of such load a red flag or cloth not less than sixteen inches square. (B) Whoever violates this section is guilty of a minor misdemeanor.
Explain the fruits of the poisonous tree.
(i.e., evidence that is obtained illegally) If a confession is derived immediately from an unlawful arrest or illegal search, the confession is tainted and it may not be used against a suspect
How many clues in the one leg stand are possible?
4
How many clues in the HGN test are possible?
6 - 3 per eye.
How many clues in the walk and turn are possible?
8
Showup
A police procedure in which a suspect is shown singly to a witness for identification, rather than as part of a lineup
Live lineup
An identification procedure in which a group of persons, including the suspected perpetrator of an offense and other persons not suspected of the offense, is displayed to an eyewitness for the purpose of determining whether the eyewitness identifies the suspect as the perpetrator of the offense
Pennsylvania v. Mimms states that...
An officer conducting a Terry frisk did not violate the driver's Fourth Amendment rights
Recognize illegal gambling in Ohio.
Any gambling that is required to be licensed or regulated by the state that is being conducted without that license or regulation
Identify the indicators and behaviors of defined criminal activity and potential terrorism nexus activity
Breach/attempted intrusion • Unauthorized personnel attempting to enter or actually entering a restricted area, secured protected site, or nonpublic area • Impersonation of authorized personnel (e.g., police/security officers, janitor, or other personnel) Misrepresentation • Presenting false information or misusing insignia, documents, and/or identification to misrepresent one's affiliation as a means of concealing possible illegal activity Theft/loss/diversion • Stealing or diverting something associated with a facility/infrastructure or secured protected site (e.g., badges, uniforms, identification, emergency vehicles, technology, documents (classified or unclassified)), which are proprietary to the facility/infrastructure or secured protected site Sabotage/tampering/vandalism • Damaging, manipulating, defacing, or destroying part of a facility/infrastructure or secured protected site Cyberattack • Compromising or attempting ti compromise or disrupt an organization's information technology infrastructure Expressed or implied threat • Communicating a spoken or written threat to commit a crime that will result in death or bodily injury to another person or persons or to damage or compromise a facility/infrastructure or secured protected site Aviation activity • Learning to operate or operating an aircraft, or interfering with the operation of an aircraft in a manner that poses a threat of harm to people or property and that would arouse suspicion of terrorism or other criminality in a reasonable person • Such activity may or may not be a violation of Federal Aviation regulations
Phase 1 of OVI detection is...
Vehicle in motion.
Recognize the difference between class and individual evidence characteristics.
Class characteristics • Traits or characteristics of evidence that allow the item to be compared with a group • Shared by all members of its class • Cannot be identified to a single source • Example - the sole of a Nike Air Max size 11 is manufactured to have a particular design, all size 11 Nike Air Max soles manufactured from the same mold will have the same general appearance Individual characteristics • Traits or characteristics of an item of evidence that allows the item to be compared with a specific object or person • The comparison will determine whether or not the item originated from the object or person (i.e., allows for individualization of evidence) • Example - cuts, scratches, wear pattern, or other defects on the sole of a Nike Air Max size 11 distinguish one shoe from another
Describe the broad categories of electronic evidence
Computer systems / storage devices - (e.g., laptops, desktops, tablets) • Computers along with any other personal storage devices (i.e., anything that can be plugged into a computer to store information) • A computer system consists of hardware and software (e.g., laptops, desktops, tablets) that process data, and is likely to include o A case that contains circuit boards, microprocessors, hard drives, and memory o Input/output devices (e.g., monitor, video display device, mouse, printers) Mobile • Portable data storage devices that provide communications, digital photography, navigation systems, entertainment, or personal information management (i.e., handheld devices) • This also includes applications (i.e., apps.) for information sharing and communications Cloud computing • Storing and accessing data and programs over the internet instead of using a computer's hard drive
Identify the differences between contact and induced damage
Contact Damage - caused by direct contact with some object which is not a part of the vehicle • External contact damage most often appears as collapsed or deformed areas of vehicles, tears or punctures, scratches, or smeared material, transferred from one vehicle to another or one object to another • Internal contact damage is found inside the vehicle and is caused when vehicle occupants strike the dashboard, steering wheel, windows, or when within the vehicle strike interior parts of the vehicle • Relating internal contact damage to injuries sustained by the vehicle occupants assists in determining the seating positions of the occupants Induced Damage - occurs when part of the vehicle is displaced • Induced damage is often found adjacent to or around the contact damage is caused by the forces of the contact damage • While the area may not have contacted any other object, it was damaged by the force of the crash
2nd clue of the HGN test is...
Distinct and sustained nystagmus at maximum deviation.
The three SFST tests are...
HGN (horizontal gaze nystagmus), WAT (walk and turn) and OLS (one-leg stand)
The San Diego Field Validation Study found that...
HGN is 88% accurate WAT is 79% accurate OLS is 83% accurate ...in detecting impairment
What is the "per se" statute?
Having a BAC of 0.08 or higher. No other evidence is needed to charge with OVI.
Photo lineup
Identification procedure in which an array of photographs, including a photograph of the suspected perpetrator of an offense and additional photographs of other persons not suspected of the offense, is displayed to an eyewitness for the purpose of determining whether the eyewitness identifies the suspect as the perpetrator of the offense
Explain how to establish rapport with a subject.
Identify the purpose of the interview • Offer the subject the ability to choose the time of the interview • Ask introductory/non-threatening questions
Identify common motivations of bombers.
Ideological • Follows a belief or ideology • Tend to build more professional devices • May have radical political or religious beliefs Experimentation • Typically youthful or immature offenders • Drawn by excitement and noise • May stay and watch the device explode • Many construct incendiary devices and use readily available materials Vandalism • Commits destruction for the sake of the act itself • Many are amateurs • May be experimenters and are usually juveniles Profit • Used for direct or indirect profit • May be criminal element (e.g., insurance fraud) • Normally sophisticated and incendiary in nature Emotional release • Usually have a mental illness • May have sexual connotations related to the bombing itself Revenge • Closely associated with the emotional release bombers • May be motivated by real or imagined transgressions by the target with some being domestic related • Usually well-constructed devices and are victim operated Recognition • Individual creates devices to become a hero • Occasionally these bombers are found among public safety personnel who, attempt to increase their stature by being first on the scene • Firefighters starting fires with incendiary devices are one of the most common violators
Differentiate between an interview and interrogation.
Interview: The questioning of a victim, witness, or other person with information related to an incident or a case Interrogation: The formal, systematic, or intensive questioning by the police of a person arrested or suspected of committing a crime
Identify the Ohio Revised Code section that covers definitions related to motor vehicle offenses.
Is located in the .01 section of each chapter
Describe the methods of surveillance.
Mobile - First surveillance Plainclothes assignment • Used when suspects are walking in public locations where they may meet with other suspects and/or make drops (e.g., drugs, money, information) • Is most successful using multiple officers (e.g., three) o Surveillant A keeps a very close tail immediately behind the suspect o Surveillant B follows behind surveillant A and the subject o Surveillant C observes from across the street parallel with other two o If the subject turns a corner or enters a building surveillant A keeps walking and B or C picks up the tail • The target can be handed off to other officers if necessary • Often used during a dignitary or witness protection detail • Usually, but not always, covert in nature • Tactics o Cross to the other side of the street o Talk to someone o Read something o Buy something o Tinker with a car o If the subject stops suddenly, walk on by without paying attention • Officer considerations o Have the ability to conduct simultaneous tasks Operate recording equipment Maintain radio contact Note taking o Have the ability to react to or anticipate the subject's moves Subject changes vehicles Subject enters a high traffic situation o Interference People • Subject's associates potentially conducting counter surveillance • Innocent bystanders Traffic • Congestion • Construction • Traffic signals • Multiple suspect vehicles - be aware the subject could possibly be traveling with associated in other vehicles that might be aware of an officer's presence • Techniques o Shadowing - one officer in one car following the subject o Paralleling One or more officers travel along parallel streets If the subject makes a turn, the paralleling unit can resume the shadow Useful technique in urban areas o Leapfrog - if possible, make sure vehicles used are appropriate for the neighborhood The lead car slows down and allows another officer to pass and become the lead car Useful if the lead officer feels the subject is getting suspicious o Progressive Surveillance conducted in stages The subject is followed from each point of his/her travels Can be time consuming depending on how long the subject stays at each location • Signs surveillance has been compromised o The subject takes frequent right, left, or U turns o Stops, pulls or steps over, and waits/watches o Varies speed o Takes highway exits and gets right back on o Stops beyond a hill or crest o If the officer notices counter surveillance • Cautions o Following to close If the target makes a stop, make sure to not get boxed in Always allow room to move around the subject's vehicle if you need to leave quickly o Interstate/highway shadowing Allow as much distance as possible to avoid detection You do not need to see the subject, just the subject's vehicle Fixed/stationary surveillance • An officer maintains a continuous view of the subject, the subject's location, or a location the subject is expected to return to • Special vehicles are especially useful for this type of surveillance (e.g., decoy car, work van/truck with hidden surveillance equipment) • Make sure vehicles are appropriate for the neighborhood • Remember officer safety - if you can see the subject, the subject might be able to see you • Electronic surveillance can include o Pole cams o Phone rings o GPS devices o Monitoring social media o Complex sire taps Consult with legal authority (e.g., prosecutor) regarding any legal requirements if using anything to enhance the ability to observe
Describe the three types of bomb search teams.
Occupant team - most common • Best method for a rapid search • An immediate source of assistance for searching the facility • Personnel are familiar with the area to be searched and know what does or doesn't belong • Occupants cannot be compelled to search and must be warned of the dangers • Are not usually trained in search procedures and are not as thorough as a trained team Supervisory team • Is a fast approach and least disruptive to area • Is best type with a covert search • Supervisors may not be as familiar with the area so the searchers may not know what does or doesn't belong • It is easier to train a small number of supervisors than the whole stuff Trained team • Made up of personnel trained in bomb search techniques • The best trained team is made up of personnel from the target facility o A proactive training program should be conducted with personnel from vulnerable targets (e.g., schools, courts) o Even when personnel from the facility are not trained, someone from the target facility should accompany searchers to provide advice • Usually the most thorough team • May be augmented with police or fire personnel
Explain when an officer may arrest, rather than issue a citation, for a minor misdemeanor.
Offender requires medical care or is unable to provide for his/her own safety Offender will not or cannot offer satisfactory proof of his/her identity Offender refuses to sign the citation Offender has previously been issued a citation for the commission of that particular misdemeanor and failed to satisfy obligations to appear
Describe the primary responsibilities of the first responder to a crime scene.
Officer safety • Although it may not immediately be apparent, be aware that the offender may still be at the • scene and, if this is the case, apprehend him/her • Keep in mind that the offender is a crime scene in themselves • In addition to human threats at crime scenes, you must consider other, not so obvious, threats to your safety (e.g., biological hazards, chemicals, fumes, and manufactured drugs, booby traps, structural issues) • If a weapon is present, you do not need to unload and secure it immediately unless there is a potential risk that the weapon may be touched by an unauthorized person • While lifesaving actions always take precedence over evidence collection, you may have to conduct a protective sweep of the scene to ensure that an offender is not present before any lifesaving measures can take place Rendering aid • Once the scene is deemed to be safe, there may be individuals on the scene who are in need of first aid • In cases where aid must be rendered, it if often unavoidable that the crime scene is altered • If aid is being rendered to individuals at the scene and objects are being moved within the scene, it is imperative that those actions are noted and documented • Attempted to mitigate any damage done by the Emergency Medical Technicians (EMTs) through reasonable limitations that do not limit lifesaving (e.g., escort them around the scene, limit how many come into the scene, point out potential evidence to them, limit points of access, prevent them from discarding medical supplies if possible) • If EMTs or other first responders have stepped in blood or other fluids inadvertently, obtain footwear impressions from these individuals to eliminate their footprints from the potential suspect's footprints as soon as possible • In your report, document any explanations as to why items were moved, their condition prior to being moved, who moved them, and where they were moved to • If the victim is transported to a hospital, an officer should be assigned to go with the victim to o Obtain a consent to search o Secure the victim's clothing that may contain evidence o Witness a dying declaration • Pronouncement of Death o In Ohio, a physician may pronounce a person dead without personally examining the body of the deceased only if a competent observer recited the facts of the deceased person's present medical condition to the physician and the physician is satisfied that death has occurred The meaning of competent observer is defined in O.A.C 4731-14-01(C) A law enforcement officer cannot pronounce a person dead and is not defined as a competent observer o You need to make sure you follow agency policy and procedures in the event you are responding to a person who is obviously dead (e.g., decapitated, decomposing) Securing the scene • The size of the perimeter will be determined by the nature of the incident • A perimeter may be established by simply removing all individuals from the scene and closing a door • It may be necessary to surround the area (e.g., barrier tape, cones, cruisers, personnel) • In some cases (e.g., breaking and entering, overnight business burglary), it may be as simple as telling the property owners that you will be processing the scene for physical evidence, and asking that they remain out of the way • Larger, more complex scenes may require both an inner and outer perimeter o The inner perimeter is the perimeter around the actual crime scene Only individuals who have a legitimate purpose (e.g., investigators, EMT's, coroners, body transport personnel) should be allowed in the inner perimeter A crime scene log should be maintained at the inner perimeter to record the names of everyone who enters the inner perimeter along with their in/out times and the reason for their entry • Outer perimeter o May be as simple as placing a patrol unit at both ends of the block to keep unnecessary persons from approaching the scene o It may be permissible to allow other law enforcement or residents onto the street but prohibit all others (e.g., curious citizens, media) • It is a good practice to establish the perimeter father out than you think is necessary • It is easier to scale back a perimeter than it is to move it out • The perimeter should also include entry and escape paths used by the suspect(s) • These paths are a good source of evidence (e.g., footwear/tire impressions, discarded evidence) Interacting with witnesses • Upon your arrival, witnesses are often present and they may provide you with additional information • Restrict movement of witnesses to prevent contamination or destruction of evidence o Separate witnesses so that information is not shared o In some cases, it is appropriate to examine and photograph the clothing of witnesses o If you are going to examine and photograph the witnesses clothing, make sure you place the witnesses in good light, photograph their clothes, examine their hands for evidence and photograph if needed
3rd clue of the HGN test is...
Onset of nystagmus prior to 45 degrees.
Explain the crime scene photograph perspectives / viewpoints.
Overall or establishing shots • Depicts the general condition and layout of the scene • Capture how the scene is oriented, where major visible landmarks (e.g., doors, furniture, books) are, and the condition of the scene prior to significant alteration • Overall pictures are taken in two distinct fashions during crime scene processing o The first occurs prior to the introduction of any scales or photo placards o Later, as you identify specific areas of evidence and placards are introduced take another set of overall shots Corners and sides approach • Stand in each corner and take overlapping photographs • Stand at the sides and take perpendicular photographs • Pictures should overlap approximately 30% • In addition to a set of photos from eye level other angles may be needed to thoroughly document the scene Mid-range or evidence establishing shots • Often times the evidence consists of small items that will not appear as recognizable objects in the overall photographs • Provided with only the overall and close-up photographs the viewer has no means in determining where in the scene the item was located • Frame the item in conjunction with some obvious landmark that is evident in the overall shots • Unlike the name suggests, the pictures are not necessarily taken from a distance in the middle of the overall and close-up shots. It is important to remember their purpose is to establish where the evidence is located in relationship to objects in the overall photos Close-up shots • To achieve good quality close-up shots, you must fill the frame with the object • Close-up shots should be created with and without the evidence placards and scales present, if needed • Extreme close-ups or macro shots may require additional training and specialized equipment
State v. Shuler (2006) set the precedent that...
PBT's are not admissible in court for breath test evidence
Phase 2 of OVI detection is...
Personal contact.
Phase 3 of OVI detection is...
Pre-arrest screening.
State the officer's assumed authority for traffic control.
R.C 2921.331(A) No person shall fail to comply with any lawful order or direction of any police officer invested with authority to direct, control, or regulate traffic
Identify the Ohio Revised Code chapter that covers driver's license suspensions.
R.C Chapter 4510
Identify the Ohio Revised Code chapter that covers moving violations.
R.C Chapter 4511
dentify the Ohio Revised Code chapter that covers equipment violations.
R.C Chapter 4513
Identify the Ohio Revised Code chapter that covers motor vehicle crimes.
R.C Chapter 4549
State v. Homan (2000) set the precedent that...
SFST's must be administered with strict compliance.
Describe the methods of lineups.
Showup A police procedure in which a suspect is shown singly to a witness for identification, rather than as part of a lineup Photo lineup Identification procedure in which an array of photographs, including a photograph of the suspected perpetrator of an offense and additional photographs of other persons not suspected of the offense, is displayed to an eyewitness for the purpose of determining whether the eyewitness identifies the suspect as the perpetrator of the offense Live lineup An identification procedure in which a group of persons, including the suspected perpetrator of an offense and other persons not suspected of the offense, is displayed to an eyewitness for the purpose of determining whether the eyewitness identifies the suspect as the perpetrator of the offense
Explain the public safety exception to the Miranda warning.
Statements elicited from a defendant, as well as real evidence resulting from such statements, may be used in evidence even if the officers do not recite the Miranda warning before asking questions if the officers' safety or the safety of others is in jeopardy
Explain the information an officer must relay to a defendant concerning the defendant's failure to appear in court at the time stated on the affidavit or pay for a traffic ticket.
The defendant's driver's license or commercial license will be suspended The defendant is not eligible for reissuance of a license or certification or registration until the person appears and complies with all orders of the court The defendant remains subject to any applicable criminal penalties
Explain the sequence of events in a traffic crash.
The various events that make up a traffic crash; officers should ensure his/her investigation and report covers all these events • Indicate the series of events in sequence for each vehicle/unit • To describe the sequences of events, begin with the first crash event that applies to each traffic unit • If the crash event began with a non-collision (e.g., motor vehicle leaves the roadway to the right), list the first event from the non-collision events category • If the crash event began with a collision with person, vehicle, or object not fixed (e.g., motor vehicle colliding with a motor vehicle in transport), list the first event from the collision with person, vehicle, or object not fixed) • A collision with a fixed object will occur after the first event • Enter as many as six events for each traffic unit • If the number of events exceeds six, include the first harmful event and the most harmful event, then list the next four most relevant events, giving preference to other harmful events • Document what the traffic unit did or what it hit, not what the unit is (e.g., in one vehicle collision where the vehicle hit a telephone pole, we can assume that the motor vehicle was in transport, if the vehicle did not hit another motor vehicle in transport, do not indicate "motor vehicle in transport" in the sequence of events section) • Ask yourself the following questions to assist in filing out this section o What did this unit do? o What did this unit hit? • The "07" or "Separation of Units" option should only be used when the vehicles involved were towing something (e.g., when the vehicle being towed is separated from the vehicle doing the towing) • First harmful and most harmful should each be one of the six sequences of event options that you already chose
Recognize the standard against which a waiver will be judged when an accused waives his/her Miranda rights.
The warning and waiver have been given and that the statements were made knowingly, voluntarily, and intelligently
Explain the explosive effects of an IED.
Thermal • High explosives - short duration • Low explosives - long duration • Powdered aluminum or magnesium may be used to increase thermal effect (i.e., raise the temperature) Blast • The two phases of a blast are positive and negative • In the positive phase, the blast wave moves out and pushes the air out creating a vacuum • The negative phase is when the air rushes back to fill the vacuum or void caused by the initial positive phase Fragmentation - the material thrown out by the blast that is in close proximity to the point of detonation • Primary - made up of the container, munitions case, or shrapnel. Moves thousands of feet per second • Secondary - may include primary fragmentation and debris located near the blast area. Moves hundreds of feet per second
Describe common methods used to initiate an IED.
Time fired • IED initiated after pre=set time delay • Can be mechanical, analog, digital, or electronic timing mechanisms (e.g., clock, watches, integrated circuits, timers, burning fuse) Victim operated • IED initiated by actions of unsuspecting individuals • Can be caused by things such as disturbance, pressure, pressure release, tension/pull, tension release/push, light, sound, magnetic, and infrared devices Command initiated • Bomber to choose optimum moment to initiate IED • Can be initiated by cell phones, radios, doorbells, keyless entry system, pagers, any combination of transmitter/receiver, mechanical (pull/release), car alarms, command wire
Identify the primary reason for traffic enforcement.
To reduce traffic collision, their resulting injuries, and to facilitate the safe and expedient flow of vehicular and pedestrian traffic
Describe the role of a peace officer regarding traffic.
Traffic enforcement and traffic investigation Traffic enforcement - • According to the National Highway Traffic Safety Administration (NHTSA), the primary tool used to reach the scene of a crime and to elude the police is a vehicle o The criminal uses the vehicle to get to the crime scene o The criminal uses the vehicle as part of the crime o The criminal uses the vehicle to leave the crime scene • As a peace officer, if you have probable cause to believe a violation of law exist, then it is your duty and responsibility to take appropriate enforcement action • Traffic law enforcement is important in reducing general crime o Crimes (e.g., robbery, rape, vehicle theft) may be prevented by a visible police presence o The criminal wants to conduct activity without being detected or identified at or near the scene of a crime o If the criminal knows there is a good possibility of being contacted by an officer, the criminal may choose not to commit the crime or more to a lesser enforced jurisdiction Traffic Investigation - • Officers will investigate traffic collisions, including hit skip and serious injury involving felony charges • They will also investigate specific complaints (e.g., violator's passing school busses, traffic control devices not being followed, road rage incidents) • Officers need to be aware that these investigations may turn into something more than just a traffic violation
True or false? HGN must be administered with strict compliance.
True. Since the test is considered scientific, it must be administered with strict compliance.
Contact Damage
caused by direct contact with some object which is not a part of the vehicle • External contact damage most often appears as collapsed or deformed areas of vehicles, tears or punctures, scratches, or smeared material, transferred from one vehicle to another or one object to another • Internal contact damage is found inside the vehicle and is caused when vehicle occupants strike the dashboard, steering wheel, windows, or when within the vehicle strike interior parts of the vehicle • Relating internal contact damage to injuries sustained by the vehicle occupants assists in determining the seating positions of the occupants
Induced Damage
occurs when part of the vehicle is displaced • Induced damage is often found adjacent to or around the contact damage is caused by the forces of the contact damage • While the area may not have contacted any other object, it was damaged by the force of the crash
State v. Schmitt (2004) set the precedent that...
the WAT and OLS must be administered with substantial (no longer strict) compliance.
Traffic enforcement
• According to the National Highway Traffic Safety Administration (NHTSA), the primary tool used to reach the scene of a crime and to elude the police is a vehicle o The criminal uses the vehicle to get to the crime scene o The criminal uses the vehicle as part of the crime o The criminal uses the vehicle to leave the crime scene • As a peace officer, if you have probable cause to believe a violation of law exist, then it is your duty and responsibility to take appropriate enforcement action • Traffic law enforcement is important in reducing general crime o Crimes (e.g., robbery, rape, vehicle theft) may be prevented by a visible police presence o The criminal wants to conduct activity without being detected or identified at or near the scene of a crime o If the criminal knows there is a good possibility of being contacted by an officer, the criminal may choose not to commit the crime or more to a lesser enforced jurisdiction
Define Explosive device.
• Any device designed or specially adapted to cause physical harm to persons or property by means of an explosion and • Consisting of an explosive substance or agency and a means to detonate it • Includes, without limitation, any bomb, any explosive demolition device, any blasting cap or detonator containing an explosive charge and • Any pressure vessel that has been knowingly tampered with or arranged so as to explode
Define incendiary device.
• Any firebomb and any device designed or specially adapted to cause physical harm to persons or property by means of fire and • Consisting of an incendiary substance or agency and a means to ignite it
Describe common beliefs among sovereign citizen extremist
• Believe the government has no authority over individuals and they are not bound to statutory law • They may call themselves "freeman" or "common law citizens" • Since they believe they are sovereign, some believe their crimes and threats to be legal actions • Many sovereign citizens reject all forms of government licensing (e.g., driver licenses, vehicle registration) and stop paying taxes
Describe measures the officer can take to minimize contamination at a crime scene.
• Contamination - the transfer of outside material to the scene (e.g., a hair from the first responder drops off into the scene and it is collected) • Cross-contamination - the transfer of material between evidence within the scene (e.g., packaging the victim's clothing in the same bag as the suspect's clothing) • Personal Protective Equipment (PPE) should include latex/nitrile gloves, shoes covers, respiratory equipment, eye protection, and anything else required by the scene's circumstances • In order to prevent contamination with your DNA, when wearing latex/nitrile gloves, do not touch your face, hair, cell phone, etc. • Change gloves often, in between samples, and when soiled, especially if you have had contact with both the victim and the suspect • Do not talk over the evidence as your DNA (e.g., saliva spray) could be transferred to the evidence • Use disposable or sterilized equipment • Sterilize all reusable equipment once you are done (e.g., placards, scales, tripod legs) • Be sure you do not use the facilities, phones, change temperature or lighting controls, eat, drink, smoke, or spit inside the perimeter of the crime scene, as this may disturb evidence that is present • An officer should be designated to monitor entry into the scene keep unauthorized personnel out
Identify the indicators and behaviors of potential criminal or noncriminal activities requiring additional information during investigation
• Eliciting information o Questioning individuals or otherwise soliciting information at a level beyond mere custody o Usually about particular facets of a facility or building's purpose, operations, security procedures, etc., in a manner that would arouse suspicion of terrorism or other criminality in a reasonable person • Testing or probing of security - deliberate interactions with, or challenged to, installations, personnel, or systems that reveal physical, personnel, or cyber security capabilities in a manner that would arouse suspicion of terrorism or other criminality in a reasonable person • Recruiting/financing - providing direct financial support to operations teams and contacts or building operations teams and contacts, compiling personnel data, banking data, or travel data in a manner that would arouse suspicion of terrorism or other criminality in a reasonable person • Photography - taking pictures or video of persons, facilities, buildings, or infrastructure in an unusual or surreptitious manner that would arouse suspicion of terrorism or other criminality in a reasonable person o Examples include taking pictures or video of infrequently used access points, the superstructure of a bridge, personnel performing security functions (e.g., patrols, badge/vehicle checking) and security related equipment (e.g., perimeter fencing, security cameras) • Observation/surveillance o Demonstrating unusual or prolonged interest in facilities, buildings, or infrastructure beyond mere casual (e.g., tourists) or professional (e.g., engineers) interest and in a manner that would arouse suspicion of terrorism or other criminality in a reasonable person o Examples include observation through binoculars, taking notes, attempting to mark off or measure distances, etc. • Materials acquisition/storage - acquisition and/or storage of unusual quantities of materials such as cell phones, pagers, radio control toy servos or controllers, fuel, chemicals, or toxic materials; and timers or other triggering devices and in a manner that would arouse suspicion of terrorism or other criminality in a reasonable person • Acquisition of expertise - attempts to obtain or conduct training in security concepts, military weapons or tactics; or other unusual capabilities in a manner that would arouse suspicion of terrorism or other criminality in a reasonable person • Weapons collection/discovery - collection or discovery of unusual amounts of types of weapons including explosives, chemicals, or other destructive materials or evidence, detonations or other residue, wounds, or chemical burns, that would arouse suspicion of terrorism or other criminality in a reasonable person • Sector-specific incident - actions associated with a characteristic of unique concern to specific sectors (e.g., the public health sector) with regard to their personnel, facilities, systems, or functions in a manner that would arouse suspicion of terrorism or other criminality in a reasonable person
Explain the basic procedures for photographing crime scenes.
• Establish a break between different scenes by using a title card or take a picture that contains identifying information at the beginning of the series (e.g., take a picture of the address first, take a picture of the car with front license plate first) • Document the entire scene using overall photographs • Photograph all fragile items of evidence (e.g., footwear marks, bloodstain patterns on the body) using both the evidence establishing and close-up shots • Place photo placards in the scene next to all items of interest and reshoot a series of overall photographs • Document all known evidence items with evidence establishing shots and evidence close-up shots • Use placards sequentially whenever possible to clearly differentiate the various items of evidence from one another (e.g., do not start with #2, then go to #9, start with #1 and progress sequentially) • If items are discovered later in processing (e.g., during second or third rechecks), ensure that all appropriate photographs are created • This may require taking additional overall photographs even though the original scene has been altered
Identify the cardinal rules of crime scene photography.
• Fill the items • Maximize depth of field • Keep the lens perpendicular to the subject
Describe indicators of a sovereign citizen extremist encounter
• First, officers should recognize that the mere claim of being a sovereign citizen is not a crime; however, some law enforcement encounters with sovereign citizens have proven to be dangerous and even deadly • Officers should take extra precaution when coming in contact with a perceived sovereign citizen • A common way to encounter a sovereign citizen is a traffic stop. Indicators of potential sovereign citizen encounters during traffic stops are unusual license plates bearing terminology such as... o UCC followed by numbers o Republic of (state) o Diplomat (no country listed) o A fictitious country or Native American tribe o DOT o Postmaster o Constitution or constitutionalist o Exempt Unusual behavior during the stop • Refusal to lower window or only slightly lower it • Refusal to show driver license • Produce legal-like paperwork instead of vehicle registration • Make a recording of the encounter • Provide only his/her first name or refuse to provide name entirely • Sign citations with o TDC (i.e., threat, duress, and coercion) o UD (i.e., under duress) o "Without Prejudice" Unusual conversation and statements • Claim a driver license is not needed • Say he/she is a freeman traveling upon the land • State he/she is not engaged in business and not using the vehicle commercially • State the officer has no right to speak with him/her • Order the officer to provide his/her oath of office documentation • Claim he/she is operating under "God's laws." not "man's laws" • Claim his/her actions are supported by the Uniform Commercial Code • Attempt to read the officer his/her "rights" • State he/she is a diplomat • Tell the officer to expect to be billed for taking his/her time • Might ask the officer, "Has a complaint been made against me?" Property rights beliefs commonly held by many sovereign citizens • They can do what they please with their land • Their property is an "embassy" • Their property and vehicles are not subject to search by police and may post warning notes stating such • Often refuse to permit public officials and others on to their property (e.g., police, meter readers) o Threaten to shoot trespassers o Post threats specific to law enforcement
Describe how you would preserve cloud based or third party stored digital evidence
• If you have electronic evidence may be stored on third party sites, you will need to send the company a letter of preservation immediately so the data is not erased on altered by the user or company • Most social media sites will accommodate letter of preservation requests using the suspect's user name or email address, you will need to be specific on the dates and times you want preserved • Requests to preserve are sent under the authority of 18 U.S.C. 2703(f) and you can ask for anything (e.g., content, non-content) from the past to be preserved • You can only request data of content that was from the past; you cannot request information that has not been created yet (e.g., you cannot request all items the user posts starting tomorrow) • Under the Stored Communications Act, the providers must comply with the letter of preservation request and will hold the information for 90 days • An additional request to preserve will hold the information for an additional 90 days
List the procedures for when a suspicious item is found.
• It is imperative that personnel involved in a search understand that their role is only to search for and report suspicious objects • Under no circumstances should anyone move, jar, or touch a suspicious object or anything attached to it - always suspect the device is armed and ready to fire • Communicate clear instructions to anyone in the area of the device and prevent others from approaching • Do not use radios or cell phones in the immediate vicinity of a suspected item (e.g., threat of RCIED) • Notify other search teams and suspend search • Secure area where item is located, but do not guard it (i.e., stay away from the item) • Always be aware of secondary devices - they are usually targeted towards first responders • Begin evacuation procedures • Notify fire, emergency medical services, and bomb squad
Describe chain of custody.
• Labeling evidence o Tags should be directly attached to the evidence packaging at the time of the collection o Tags should never be removed • Factors to show integrity of evidence in the chain of custody o Evidence collected at a crime scene is the same as presented in court o The item must not be altered or changed o Chain must be maintained in order to document reasons why any party has dealt with the evidence • Information a chain of custody must reflect o Who found or had contact with the evidence o To whom the evidence was given o Reason the evidence was given to that person o When and by whom the evidence was returned o Where and how the evidence was stored until taken to court o Any changes which were made to the evidence • Paperwork for the chain of custody must remain with the evidence • Information which must be shown on an evidence bag o Date recovered o Time recovered o Exact location of recovery o Report / case number o Item number o Thorough description of the item o Recovering officer's initials/badge number o Marked to show bio-hazard and/or sharp object o Victim's name, if known o Type of crime
Identify methods of controlling traffic.
• Let people know you are in command of the traffic situation • Starting and stopping traffic o Look at and point directly at the driver o Give clear directions by using arm movement o Make certain that traffic is completely stopped before starting traffic in another direction o Slow or timid drivers may be urged to speed up by increasing the rapidity of the arm movement however, wild arm gestures and shouting may confuse nervous drivers • Turning movements o Look at and point directly at driver o Point in direction of the turn o Be sure to stop the traffic coming in the opposite direction before allowing left turns • Pedestrian traffic: o Pedestrians are more difficult to control They tend to cross at will if you stop traffic thereby hindering turning movements Talk to them so that they know you haven't forgotten about them o To a certain degree, pedestrians will do what they want. At an intersection with heavy pedestrian traffic, it may be of best interest to stop all traffic and let them cross in all directions until the group size is manageable
Recognize legal gambling in Ohio.
• Licensed casino games, which are regulated by the Ohio Casino Control Commission (OCCC) • Games regulated by the Ohio Lottery Commission (OLC) o Instant lottery tickets o Keno o Video Lottery Terminals (VLT) located at racinos • Licensed bingo, which is regulated by the Ohio Attorney General (OAG) • Licensed horse racing, which is regulated by the Ohio State Racing Commission • Skill-based amusement machines, which are regulated by the Ohio Casino Control Commission
Recognize what evidence at a traffic crash should be documented with photographs.
• Officers should photograph everything that was damaged and all physical evidence • The entire sequence of events for OH-1 • The approach to the crash scene o Photograph the approach and the departure directions of all operators Photograph the view from the driver's perception point View from the driver's reaction point View from the driver's point of no escape o Do the same for pedestrians • Surface marks on the roadway o Photograph debris and marks left upon the roadway and other surfaces o Photograph debris and roadway marks in the direction of movement the vehicle or object that made them was traveling • The area of impact (i.e., the area between the vehicles involved) • Final rest o Show where the vehicles came to final rest and in what position o If victims of pedestrians are thrown clear of vehicles, photograph their final rest positions in the same way as a vehicle's final rest • Evidence from the scene o Tire marks should be documented from the beginning of the mark to the end of the mark o Photograph areas of the tire mark that explain a vehicle's movement (e.g., offset tire marks, the separation of front and rear tire marks) o Photograph any traffic control devices o Document the position of missing or damaged traffic signs o Vehicle damage should be photographed at the scene as additional damage may occur when the vehicles are moved or removed from the scene of the traffic crash • To corroborate eyewitness statements, take photographs of the scene from his/her position and eye level
Traffic Investigation
• Officers will investigate traffic collisions, including hit skip and serious injury involving felony charges • They will also investigate specific complaints (e.g., violator's passing school busses, traffic control devices not being followed, road rage incidents) • Officers need to be aware that these investigations may turn into something more than just a traffic violation
Recognize when police can further question a suspect who has previously invoked Miranda rights.
• Once a suspect has been arraigned and has claimed counsel at the arraignment or preliminary hearing, the suspect may waive counsel's presence and provide officers with a statement pursuant to a valid waiver of Miranda • Police can further question a suspect who has previously been advised of his/her Miranda rights if o The officer again advises the suspect of the Miranda rights and the suspect waives the rights AND o The suspect expressly initiates the contact with officer • If there is a break in custody for interrogation purposes, police may initiate further questioning of a suspect 14 days after release from custody
Identify the critical components of an IED.
• Power source - can be electrical, mechanical, or chemical • Initiator - most initiators are highly sensitive to heat, shock, and friction. The initiator is required to provide the additional energy needed to start a chain reaction within an explosive • Explosive main charge - the part of the IED that causes most of the damage and injuries by creating the blast pressure which creates fragmentation • Switch - provides an on/off feature that is necessary in an electric circuit to maintain control of the power applied to an initiator. Switches generally perform the function of firing or arming the device • Container - used to conceal, transport, and to increase lethality
List a peace officer's priorities in protecting the scene of a crash.
• The first priority is to protect the crash victims and the first responders • Always wear your high-visibility safety vest when directing traffic or investigating crashes • Check for injuries o Even if you were dispatched to a non-injury crash, check for injuries o EMS should always be requested to respond to the scene if an injury is reported or suspected o If responding to a fatality, always protect and cover up the deceased victims o Any injured or deceased victims should be treated the same as you would treat your own family members • Protect the involved vehicles and other evidence at the crash scene • Place sufficient and adequate warning devices (e.g., signs, reflections, flares, traffic cones) on approaches to the scene as well as appropriate directional signs within the scene area, to give proper warning to drivers and other highway users
Recognize when a situation is classified as a motor vehicle traffic accident.
• The incident includes one or more occurrences of injury or damage • At least one occurrence of injury or damage was not the direct result of cataclysm (i.e., an avalanche, landslide, hurricane, cyclone, flood) • The incident involved one or more motor vehicles • At least one motor vehicle was in-transport • The incident was an unsterilized situation • The un-stabilized situation originated on a trafficway or the injury of the damage occurred on a trafficway • If the incident involved a railway train in-transport, a motor vehicle was involved prior to any injury or damage involving the train • Neither an aircraft in-transport nor a watercraft in-transport was involved in the incident • If all of these conditions are met and the property damage is over $1000, the officer will need to complete an OH-1
Recognize factors to consider in determining if an individual is in custody.
• The location of the interrogation • The number of officers present • The attitude of the officers toward the person being questioned • The stage of the investigation (e.g., initial contact, jail interview, suspect's court status) • Whether or not the suspect is free to leave
Describe what first responders should ensure before collecting any device that may contain electronic evidence
• The scene has been secured and documented • Legal authority exists to seize evidence • Appropriate personal protective equipment is used
Explain the Miranda warning.
• The suspect has the right to remain silent • If the suspect gives up the right to remain silent, anything the suspect says can be used in a court of law against him or her • The suspect has the right to speak to an attorney and have an attorney present when being questioning by the police • If the suspect cannot afford one, an attorney will be appointed to represent the suspect before questioning begins
Recognize under what two conditions an officer is required to read the Miranda warning to a subject.
• The suspect is in custody AND • The suspect is being questioned/interrogated
Identify purposes of interrogation.
• To obtain information relevant to an investigation • To discover additional evidence relevant to an investigation or establish innocence • To obtain accurate and truthful information which may or may not lead to a confession or an admission
Explain why surveillance should be conducted.
• To verify the reliability of information, a tip, or complaint received • To protect a government official or other dignitary • To obtain sufficient evidence in order to make an arrest or to secure a search warrant • To aid in the apprehension of wanted persons or suspects • To prevent the commission of a crime • To determine locations or drop points of illegal or stolen items • To determine residences and hangouts of the surveillance target • To study the physical layout of a structure to assist in determining the most feasible method of conducting a raid or approach for an apprehension or rescue
Identify traffic direction and control actions.
• Use the information received from communications as well as your knowledge of the immediate area and beyond • Confirm your geographical location with dispatch • Perform a preliminary analysis of current situation • Identify actions required to mitigate the situation • Identify resources required to support those actions • Identify any unique safety situations as you arrive
Identify the elements of Terrorism
•Commit a specified offense with purpose to... •Intimidate or coerce a civilian population or... •Influence the policy of any government by intimidation or coercion, or •Affect the conduct of any government by the specified offense
Identify sources of information for tracing stolen property
•Department records and personnel •Surrounding jurisdiction •Owner/victim •Law Enforcement Automated Data System (LEADS)/ National Crime Information Center (NCIC) •Retailers •Auto dealers •Commercial/subscription database services •Confidential informants •Pawn shop records •Junkyard/savage dealers
Explain the reasons for tracing stolen property.
•May reveal perpetrator •May reveal other investigative leads •May reveal other crimes •Recovery for victim
Identify resources to use in establishing the value of stolen property.
•Owner/victim •Retailers •Bank loan departments •Ohio Revised Code •Internet resources