ALL Tests - GPSTC Cherokee
18 U.S.C. Section 241 Conspiracy Against Rights
"If two or more persons conspire to injure, oppress, threaten, or intimidate any person shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death key element in this statute is the conspiracy to interfere with a citizen's enjoyment and free exercise of any right or privilege given to him by the United States Constitution
Length of time allowed for an interrogation
"Normal" person - 4 hours, break, 4 more hours Handicapped person - 3 hours, break, 3 hours
Gang Definition
"any group having some manner of a formalized structure and whose primary objective is to obtain money through illegal activities. Such groups maintain their position through the use of actual or threatened violence, corrupt public officials, graft, or extortion, and generally have a significant impact on the people in their locales, region, or the country as a whole
What can crisis management take on the form of?
"avoidance" of responsibility
police live in what type of world?
"reactive" world- officer responds to crime
What is special circumstance for infant abandonment?
"safe surrender" you can bring an infant 7 days old or less to a fire station, police station, sheriffs department or EMS they cannot be prosecuted
Arson 3rd Degree Punishment
$10,000 and/or 1-5 years
Operating motor vehicle without required revalidation decal affixed to license plate 40-2-8.1
$25 fine decal must be on license plate
what is the monetary cap on all claims for compensation for victims?
$25,000
Arson 2nd Degree punishment
$25,000 and/or 1-10 years
Arson 1st degree punishment
$50,000 and/or 1-20 years
Steering method
'9-3' position always use BOTH hands
What did Arizona v. Hicks affirm?
'immediately apparent' means the officer has probable cause to believe that the object is subject to seizure
16-5-20; elements of simple assault
(1) attempts to commit a violent injury to the person of another, or (2) commits an act which places another in reasonable apprehension of immediately receiving a violent injury
16-5-2; elements of voluntary manslaughter
(1) causes the death of another human being under circumstances which would otherwise be murder and if he acts solely as a (2) result of sudden, violent, and irresistible passion resulting from serious provocation sufficient to excite such passion in a reasonable person
16-5-41; elements of false imprisonment
(1) in violation of the personal liberty of another, (2) he arrests, confines, or detains such person, (3) without legal authority
16-7-23; criminal damage to property in 2nd degree
(1) intentionally damages any property of another person without his consent and the damage thereto exceeds $500; or (2) recklessly or intentionally, by means of fire or explosive, damages property of another person
16-5-23; elements of simple battery
(1) intentionally makes physical contact of an insulting or provoking nature with the person of another; or (2) intentionally causes physical harm to another
16-7-22; criminal damage to property in the 1st degree
(1) knowingly and without authority interferes with any property in a manner so as to endanger human life; or (2) knowingly and without authority and by force or violence interferes with the operation of any system of public communication, public transportation, sewerage, drainage, water supply, gas, power, or other public utility service or with any constituent property thereof.
16-5-24; elements of aggravated battery
(1) maliciously causes bodily harm to another (2) by depriving him or her of a member of his or her body, by rendering a member of his or her body useless, or seriously disfiguring his or her body or a member thereof.
16-5-40; elements of kidnapping
(1) person abducts or steals away another person (2) without lawful authority or warrant and (2) holds such person against his or her will
16-5-1; elements of murder
(1) unlawfully and (2) with malice aforethought, either express or implied, (3) causes the death of another (1) in the commission of a felony, he or she (2) causes the death of another human being irrespective of malice Murder in 2 degree (1) in the commission of cruelty to children in the second degree, he or she (2) causes the death of another human being irrespective of malice
16-5-21; elements of aggravated assault
(1) when he or she assaults: -with intent to murder, rape, or rob -with a deadly weapon/object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury -device likely or actually does cause strangulation -a person without legal justification by discharging firearm from within a motor vehicle toward a person or persons (drive by)
16-5-3; elements of involuntary manslaughter
(1)commission of an unlawful act when he (2) causes the death of another human being (3) without any intention to do so by the commission of an unlawful act OTHER than a felony (1) commission of a lawful act in an unlawful manner when he (2) causes the death of another human being (3)without any intention to do so, by the commission of a lawful act in an unlawful manner likely to cause death or great bodily harm
victim
(a) a person against whom a crime has been perpetrated or has allegedly been perpetrated or (b) in the event of death of crime victim the following are in custody for an offense or the defendant: spouse, an adult child, a parent, a sibling, a grandparent in this order if others do not apply (c) parent, guardian, or custodian of a crime victim who is a minor or legally incapacitated
Voir Dire
(process of jury Selection) panel with questions asked
"catching up"
(traveling 55+ mph) when an audible siren is no longer heard by cars in front of emergency vehicle since the patrol car is "catching up" with the sound
uniform traffic citation 'UTC"
* 1 original and 4 copies - officer copy is the last copy and is white -court copy is orginial -department of public safety copy -issuing department's copy -violator's copy is yellow -officer copy
Why do people, especially youth, join gangs? 5 Domains
- 1.Family, 2. community, 3. school, 4. peers, and 5. individuals can lead others to join - Family: Broken homes, parental problems, F.Violence, and lack of adult male role models, members are in the gang, economic deprivation -Community: Presence of gangs, drugs, alcohol, firearms, lack of social and economic opportunities, high crime rates. - School: failing grades, few teacher role models, low commitment to school, learning disabled - Peers: Delinquent peers, low commitment to positive peers, street socialization, friends who use or sell drugs -Individuals: Prior delinquency, deviant attitudes, defiant and individualistic characteristics, Fatalistic view of the world, aggression, illegal gun use, alcohol, and drugs. They seek an identity, status, companionship, protection, and self-esteem.
When must a hearing occur after placing a juvenile in secure or nonsecure custody?
- 5 days: secure - 7 days: nonsecure
Plea of Nolo contendere
- Cannot be accepted if BAC is .15g or higher - Cannot have had a previous conviction or nolo plea within previous 5 years - Judicial review of circumstances as required by subsection (b) (1 & 2)
Racing on Highway and Streets 40-6-186
- Drag Racing (Point to Point) - Racing (No distance per say)
Intentional operation of motor vehicle to create danger to persons or property "Laying Drag" 40-6-251.1
- Gyrate - Zig Zag or Circular - Spin Around
Arson in the Second Degree 16-7-61
- Human life NOT in danger - By means of FIRE or Explosion
Federal Bureau of Investigations - (FBI)
- MOST- prominent Federal law enforcement agency - Jurisdiction include wide range of criminal, civil and security fields EX: espionage, sabotage, other domestic security matters, fraud against government, etc. having responsibility to enforcement of all Federal laws not expressly assigned to the other agencies
opening statement
- NO argument and No evidence - each side lays out what they are going to say and present - inform the jury on what the case is about and what they should expect to hear -anticipated evidence
Punishment for Arson in the Third Degree is?
- Not more than $10,000 fine - 1 to 5 yrs in prison
Punishment for Arson in the Second Degree is?
- Not more than $25,000 fine - 1 to 10 yrs in prison
Punishment for Arson in the First Degree is?
- Not more than $50,000 fine - 1 to 20 yrs in prison
Arson in the First Degree 16-7-60
- Reasonably foreseeable that HUMAN LIFE might be ENDANGERED - By means for FIRE or Explosion
What has to be on a speeding ticket?
- Speed traveled - Speed posted
Officer Personalities
- The Helpful - The Authoritarian - The Aggressive - The Pacifying
Driver personalities
- The cooperative - The Blameless - The Nonchalant - The Hostile
Light or Flag on Projecting Load 40-8-27
- When load extends 4ft - Signal light must be visible within 500ft
Arson in the Third Degree 16-7-62
- With Intent to Damage $25.00 or more - By means of Fire
what happens if Broken chain of custody?
- admissible (allowed) in court unless proven tampered with -jury decides how much it weights on decision
US Customs Service
- also division of Treasury department - collects the revenue from imports and enforces customs and related laws ex: properly assessing and collecting customs duties, excise tax, processing cargo and mail into US - also help enforce laws on automobile safety and emission control, discharge of refuse in navigable waters, counterfeit money
Inventory of personal property
- can be made on Arrest Booking Report or other department forms. - EVEN IF the arrestee has NO PROPERTY label as "NO PROPERTY" on an Inventory Sheet - ALL "unallowed" items WILL BE inventoried
Organized Crime Prevention Council
- coordinates the sharing of intelligence on organized crime activities within the state composed of local and state law enforcement agencies - maintains a manpower and equipment pool that is available to local law enforcement agencies for short-term undercover investigations
US Secret Service
- division for the Treasury department - authorized to detect and arrest any person committing any offense against the laws of the US relating to coins, currency and securities of the US and of foreign governments also, authorized to protect the President, Vice President, the immediate families of both, former President and wife during lifetime, minors of former President until 16, major presidential candidates, visiting head of foreign states and governments
Office of Consumer Affairs
- enforces Fair Business Practices Act and other business acts - mediates consumer complaints and shares information with other national and local agencies investigates, assures compliance or files civil suit in cases where consumer fraud is evident or a pattern of deceptive practices or misrepresentation emerges
Securities Division, Office of Secretary of State
- enforces Georgia Securities Act of 1973, Cemetry Act of 1983, and Land Sales Act of 1982 - provides substantive regulations of the securities, cemeteries, and land sales development industries investigates fraud and abuse involving wide variety of notes, stocks, and certificates having commercial value - conducts background registration inquires on applicants for licenses and registration in regulated industries
Wildlife Resources Division
- enforces state game and fish laws and manages the state's wildlife resources - conservation rangers responsible for enforcing boating safety, litter, and other related natural resource laws and regulations
Alcohol and Tobacco tax Unit
- enforces state laws dealing with alcohol tax, tobacco tax, motor fuel tax, and motor vehicle registration - frequently assists local law enforcement with technicalities of liquor cases
Bureau of Alcohol, Tobacco Firearms - (ATF) A Federal Agency
- is a division of US Treasury Dept - enforces and administers Federal Laws regulating firearms, explosives, wagering, alcoholic drinks, and tobacco - special attention given to violations by organized and white collar criminals - service useful to local agency is tracing of firearms-
selective enforcement techniques
- moving *linear *area -point/shot -stationary assignment
Notification required by employing agency
- must notify POST within 15 days if agency suspensions is longer than 30 day, demoting, terminating certified officers, any change in status of an officer (ex: change of address, name, or promotion), and if arrested
Drug Enforcement Administration - (DEA)
- part of US Justice Depart - mission is to enforce Federal drug laws and to prosecute those organizations and individuals involved in the growing, manufacture, or distribution of controlled substances appearing in or destined for the illicit traffic in US - requires it to provide a leadership role in narcotic and dangerous drug suppression programs at the national and international levels *domestic responsibilities include enhancing the capabilities of state and local law enforcement agencies through cooperation and coordinated programs which bring greater state and local pressures to bear on local market and provide attention to potential interstate and international investigations beyond local jurisdiction and the limitation of local resources - regulates legal trade of narcotic and dangerous drugs and all its entails of import, export, manufacturing, registering, etc.
Regional Academy Advisory Board
- primary function is to discuss law enforcement problems in region and select in service courses that will help the peace officers more effectively perform duties -made of law enforcement practitioners and government officials from within the academy's region
Department of Public Safety aka Georgia State Patrol
- state's largest law enforcement agency - responsible for enforcement of traffic laws throughout state, at request of local law enforcement agency will handle accident investigations - has criminal jurisdiction in areas designated by Governor - Governor will order to Patrol to reinforce local agency when a riot, disaster, other situation is beyond control of local agency
What to avoid in testimonys?
- testifying to a conclusion of law -ONLY testify to the facts!
how to get photographs in court ?
- the person who took the pic must testify -date and time pic taken - accurately represents the scene
Stimulant
-"any drug that excites any bodily function, but more specifically those that stimulate the brain and central nervous system." -stimulant use make the user a danger to him or herself -talkative and easily excitable -Hypersensitivity -Insomnia -Extreme paranoia -Dilation of the pupils, • Unusual perspiration, and • Increased body temperature
Minimum requirements for certification
-18 years or older -citizen of US -high school graduate or GED -shall not be convicted of felony or sufficient misdemeanors -be fingerprinted for criminal history search -have oral interview with hiring agency to determine appearance, background, and ability to communicate -to be good moral character -required to be examined by licensed physician and found free of any conditions -successfully complete the academy entrance exam
extended jurisdiction until age 21 includes which crimes?
-1st degree murder -1st degree forcible rape/statutory -1st degree sexual offense/statutory
Moped
-50cc -up to 30 mph -two or three wheels
3 types of Retractors
-Automatic Locking (AL) -Emergency Locking (EL) -Switchable
Use of Force
-Can be violent -violence does not always mean excessive -Force is not inherently wrong
Latin Kings
-Chicago in the mid-1960s -one of the most violent gangs in the United States today -identified by the use of a five pointed crown accompanied with the initials LK, or a lion wearing a crown. Yellow or gold is a predominate color used by members to show their affiliation with the gang
What cases can Magistrate courses handle?
-Civil claims totaling $15,000 or less -Criminal cases; preliminary hearings, search/arrest warrants, bail
when do you do a Redirect examination of witness
-Clarity when there was an issue raised during cross examination that needs to be clarified -Can't ask things you forgot to ask
cross examination
-Defendant's attorney will ask questions -purpose of this questioning is to challenge the information provided during direct questioning - attorney will try to contradict the facts, prove you to be unreliable, show bias on the officers part, destroy the credibility of the officer and others
Black Gangster Disciple/Folks
-Early 1970s -Several gangs of the Englewood, Chicago area formed this "Nation" of the gangs in response to the emergence of the Black P Stone Nation -Jewish Star of David, a sixpoint star, was adopted by the gang in his honor along with the upward crossed pitchforks is used in their graffiti, jewelry, and tattoos
Persons exempt from licensing requirements; exemptions for nonresidents 40-5-21
-Employees of the government while driving a motor vehicle owned or leased by the government -nonresident who has in their possession a valid drivers license for another state -Active duty whose stay will be less than 90 days -active duty who have in their possession a foreign drivers license (must get states license within 45 days) -Those driving a tractor or equipment for farming purposes -Member of reserves driving military vehicle -Those taking a driving test -migrant farm worker who works less than 90 days in any calendar year and possess a valid ID from another state
Five Stages within the CJ Process
-Entry -Prosecution and Pre-Trial services -Adjudication -Sentencing -Corrections
Safety Considerations
-Hills -Curves -Posted Speed limit
Pre-Arrest Screening Techniques are?
-Horizontal Gaze Nystagmus -Walk & turn -One leg stand -Preliminary Breath test (PBT)
Three Components to the CJ System
-Law Enforcement -Courts -Corrections
What are ethics?
-Moral principles -Rules of conduct -Values of human conduct
What are nondivertible offenses?
-Murder -1st and 2nd rape -Arson -Chapter 90, Article 5 (selling drugs -1st burglary -crime against nature
Drivers must be licensed; Prior licenses must be surrendered; local licenses are forbidden 40-5-20
-Must posses a valid, current license to drive -cannot drive from passenger compartment -all surrendered licenses must be destroyed -Local authorities cannot require a local license
reasonable doubt
-NOT situation where no doubt at all -reasonable question to whether or not a person did it
What do should a fire investigator never rule the cause of the fire if there is no explanation?
-Never find ARSON as cause of fire if there is no explanation
Types of Selective Traffic Enforcement
-Observation of a patrol vehicle -Reputation of Department -Enforcement Process
What distinction is there with a license of someone who is older than 21 yrs vs someone how is under 21 yrs?
-Older than 21 yrs license is horizontal Younger than 21 yrs license is vertical
Bloods
-Piru Street in Compton, California -Sylvester Scott and Vincent Owens -adopted the color Red from a high school -graffiti can be identified by the terms Bloods, Bloodstone, BS, or C/K, which stands for "Crips Killers." -will not always wear red clothing, however the color will be somewhere on their body (shoe strings, belts, Phillies baseball caps, etc.)
Display of License plates 40-2-41
-Plates must be attached to the rear of the vehicle and in plain sight -persons must not display any tag (temp. or long term) that has not been issued by the state (ie. TAG APPLIED FOR) -plate covers are not allowed unless they are colorless and transparent
Who can direct traffic?
-Police officer -Firefighter (EMT) -Police Volunteer -School-crossing guard
RICO Act
-Racketeer Influenced and Corrupt Organizations -prohibit persons, through a pattern of racketeering activities or proceeds therefrom, to acquire or maintain, directly or indirectly, any interest in or control of any enterprise, real property or personal property of any nature, including money
Methods used to estimate and determine Vehicle speed
-Radar -Vascar -Lidar -Pacing
Use of Voice commands
-Rarely used -Mostly useful for giving directions/answering questions
Sanctions for unethical behavior
-Reprimand -Probation -Suspension of certification -Revocation of certification -Restriction or limitation of certification
Sixth Amendment
-Right to speedy trial by an impartial jury -To be confronted with the witnesses against him -Entitled to an attorney
Tennessee V. Garner
-Use of deadly force to prevent the escape of felony suspects, is constitutionally unreasonable, and where the suspect poses no immediate threat to the officer and/or others -the harm resulting from failing to apprehend him does not justify the use of deadly force to do so. -prohibits a police officer from using deadly force as a last resort to apprehend a fleeing criminal suspect
Safety belts; Child restraining systems
-Vehicles manufactured after JAN 1st, 1964 shall be equipped with two(2) sets of safety belts in the front seat. *installed by manufacturer and dealer -Every driver transporting a child 8 years or younger will use a child restraint system appropriate to the child's height and weight *except taxi and public transit.
Time is not counted for statute of limitations for the following reasons
-accused not usually and publicly a resident within this state -the person committing he crime is unknown or the crime is unknown -accused is a government officer/employee and crime charged is theft by conversion of public property while such an employee -accused is a guardian or trustee and the crime charged is theft by conversion of property of the ward or beneficiary
the additional search at the detention facility serves 2 purposes
-acts as a double-check for weapons or contraband on the arrestee's person -the search allows for inventory of the arrestee's personal property
What are two types of seizure?
-actual (physical force) -constructive (showing authority)
NAS STUDY : Recommended Improvements
-all labs be accredited -all professionals be certified -better research of techniques
4 elements of crime prevention
-anticipation -recognition -appraisal -action
What is the definition of family violence?
-any felony; -commission of the offenses of: battery, simple battery, simple assault, assault, stalking, criminal damage to property, unlawful restraint, criminal trespass
Officers authorized to remove vehicles (impounding)
-any unattended vehicle illegally left on highway, bridge, causeway, or tunnel -person driving vehicle arrested -any vehicle left unattended for 24 hrs or more
What relationships are prohibited for officers?
-anyone under investigation, indictment, arrest, incarcerated -"open and notorious criminal reputation"
The Pacifying Officer
-are "professional nice guys" who basic needs in life are to be liked and accepted -they are liked not for who they are, but for how much they do to others -they are unable to say no -liked in the community
the blameless driver
-are insecure people who always see themselves as blameless -protest that for being stopped for going through a red light and it was still amber -maintain their self-esteem by calling other people wrong throughout their lives
the nonchalant driver
-are very casual attitude toward life that exenda to their driving habits -can be 15 mins late and not give it a second thought -drive 15 mpb through a stop sign and think nothing of it
When a person is stopped for DUI, what can the officer do?
-ask for ID -ask questions related to the DUI -administer SFST (standardized field sobriety testing)
"New world view" of police officer?
-boy scout leaders are pedophiles -cynicism builds (everyone has hidden agendas) -bullshit predominates (almost everyone morphs into an "*******")
2 most common encountered ways infectious disease can spread to emergency responders
-by blood borne -airborne pathogens
GA requirements prior to appointment
-by law must complete a basic training course may be required to reimburse agency if officer leaves within 2 years of hiring -a newly appointed Chief must complete 60 hour Law enforcement Chief Executive course
The Authoritarian Officer
-by the book -sometimes enforce the law to the injury of justice- -their attitude is "the law is the law" -they leave discretion to the courts
History of Organized Crime
-can be traced back to immigrant groups who joined together for protection in the 19th and early 20th centuries
Three ways Georgia claims jurisdiction
-committed either wholly or partly within the state -conduct outside the state with an attempt to commit a crime within the state -conduct within the state with an attempt to commit a crime outside of state
Where can criminal law in the US be found in?
-common law -constitution -statutes -administration/regulatory agencies
When are warrantless search legal?
-consent given -incident to lawful arrest -exigent circumstances
What are the three types of law?
-constitutional -statutory -administrative
How can you tell the difference with the title of a criminal case vs. a civil case?
-criminal case: State v. Brown -civil case: Jones v. Brown
What are the characteristics of the Stockholm syndrome?
-debility -dependency -dread -disorientation
Provisions of the Georgia Family Violence Act
-definition of family violence -jurisdiction -petition hearings -protective orders and consent agreements -family violence shelters -Family Violence and Stalking Protective Order Registry
Elements of a crime (crime triangle)
-desire -ability -opportunity
behaviors associated with hypervigilance
-desire to remain socially isolated at home -unwillingness to engage in conversation or activities that are not police related -reduces interaction with non-police friends and acquaintances -procrastination n decision making not related to work -infidelity -noninvolvement in children'a needs and activities - "I usta" syndrome-loss interest in hobbies and or recreational activities
medical clearance of arrestee
-detention facility will not accept seriously injured or unconscious arrestee unless have release from medical facility or practitioner -if arrestee is refusing medical attention, the arresting officer may choose to take arrestee to medical facility to make a refusal in front of medical personnel -arrestee may also make refusal in front of witness at detention facility -all witness must fill out a incident report if still refuses medical attention
Acts which constitute obstruction or interference in an investigation include refusal to ?
-disclose whereabouts of the juvenile -allow director access to juvenile or to information and records upon request -allow director to arrange for medical o isr other evaluations of juvenile by an expert
Hispanic gangs including the Latin Kings, Sur 13, and Norte 14
-distinctive dress: plaid shirts are worn buttoned at the collar and cuffs, which makes it easy for them to conceal weapons -In the summer, they wear over-sized t-shirts with the bottom worn outside of the trousers. Athletic type undershirts are worn tucked into the trousers -Gangs are named after a geographical area or "turf" that they feel is worth fighting for and defending
interstate compact
-document that was ratified by 50 states providing formal means of returning juvenile, who is absconder, escapee, or runaway to juvenile's home state -90 days
pacing
-does not require any advanced training -the officer follows a suspected violator at the same rate of speed for a certain distance in order to "match" the violator's speed
Yakuza from Japan
-formed in the 17th century to throw off the control of rebellious Samurai in Japan -activities primarily involve racketeering, extortion, murder, kidnapping, illegal gambling, prostitution, and loansharking. Human trafficking, narcotics trafficking, and financial fraud are also commonly associated with Asian organized crime
Due process
-fundamental fairness (treating people fairly) -innocent until proven guilty (don't have to prove innocence) EX: notice of charges, right to have trial, right to confront accusers
Hate Gangs
-generally all white Anglo-Saxon -In 2013, 1,096 patriot and militias had been identified active in all fifty states -underground members have been charged with bombing, bank robberies, attempted murder, illegal weapon possession, fraud, tax evasion, and intimidation of public officials
The Aggressive Officer
-have a good deal of pent-up anger steamming from the frustration of wanting much more from life than they are getting -motivation comes from the desire to even the score -they explode periodically -complaints received about these officers often invloved abusive language
If cooperation is denied by a parent/ caretaker/custodian, you may not enter home unless?
-have arrest warrant -search warrant -exigent circumstances
in order to transfer a case to superior court, court of original jurisdiction must?
-have probable cause hearing -transfer hearing
Equipment for motorcycle riders
-headgear -windshield or eye protectors
mandatory suspension of license by department 40-5-54
-homicide by vehicle -any felony of which a motor vehicle is used -hit and run of a scene of an accident involving an injury -racing -using vehicle to elude police -driving on revoked, canceled, or suspended registration
Other reasons for time not counted in statute of limitations:
-if you have a suspect, but waiting on better evidence -victim is unaware of the crime (and if state doesn't know)
what is hypervigilance manifested by?
-increased peripheral vision -improved hearing -faster reaction times -increased blood sugar consumption -elevated heart rate
how is autonomic nervous system affected by a heightened awareness?
-increasing blood pressure -respiration -body temperature and other functions
When should a person be considered a gang member
-individual admits membership in a gang -law enforcement agency or reliable informant identifies an individual as a gang member -informant of previously untested reliability identifies an individual as a gang member, and it is corroborated by independent information -individual resides in or frequents a particular gang's area and affects their style of dress, use of hand signs, symbols or tattoos, and/or maintains ongoing relationships with gang members -officer believes there is reasonable suspicion that the individual is involved in gang-related criminal activity
What are examples of legitimate purposes for roadblocks?
-interception of illegal aliens -sobriety checks -verification of ID's and registration -emergency checkpoints -seeking information from the public
What are barriers to effective communication?
-interruptions -pretending to listen -invading space -overreacting -distractions -prejudices (ethnocentrism)
Objection by attonrey
-jury DOESN'T hear -argument talked about quietly in front of judge's bench
What is criteria for secure custody?
-juvenile is charged with felony and demonstrated the juvenile is dangerous to property or person -juvenile is a danger to persons and charged with misdemeanor assault, misdemeanor firearm, impaired driving under 21 - properly notified and failed to appear -delinqueny charge pending -absconder -detained for own protection -undisciplined -willfully failed to appear
who can examine and obtain copies of files and records concerning juvenile without court order?
-juvenile or juveniles attorney -parent, guardian, custodian or authorized representative -DA or prosecutor -court counselors -sworn LEO in state
the cooperative driver
-knows what they did wrong and admits it -are upset primarily with themselves and not the officer -attitude is either positive or neutral and often assure the officer
Golf cart/car
-less than 15 miles per hour -used for golfing activities
witness preparation
-lets witnesses know what the process is -prosecutor cant lead them through the testimony, can only ask general questions - Don't rehearse the questions beforehand
What are an officer's duties relative to any traffic detention?
-license -registration -VIN check
LIDAR
-light detection and ranging -to measure a traget vehicle's speed using laser, an electromagntic energy -differ in its method of generating the light energy and its resulting higher frequency
the hostile driver
-look for trouble the way most people look for fun -have large amounts of anger and are always looking for confrontation -ignore laws half of the time
Crosswalk
-marked or unmarked areas at an intersection to be traversed by pedestrians
victims exhibit these behaviors
-merged professional and personal roles -hypersensitivity to change -rigidity and inflexibility -ever present feeling of being threatened and/or persecuted -need to retaliate against the power structure -social isolation from fellow workers except a few "believers" -grandiose sense of self importance -exaggerated perception of past accomplishments -internalized sense of entitlement
no notification is required for a minor who is either charged or in custody of?
-minor is emancipated -minor not taken into custody and has been charged with motor vehicle moving violation for which 3 or fewer points are assessed, except offenses involving impaired driving -minor charged with motor vehicle offense that is not moving
What is the reasoning behind the Carroll Doctrine?
-mobility of vehicle -expectation of privacy is less in an automobile -automobiles are frequently subject to government regulation -inventorying vehicle is allowed
Verbal communication
-most common form of communication -tone, pitch, volume, body language (can tell you about the speaker's emotions) -message intended is rarely message sent
point (or spot) assignment
-most effective in selective enforcement when accident-causing violations are concentrated at a single location -requires officer to concentrate their enforcement efforts on a single location at which a high number of accidents occur -
The Helpful Officer
-motivated by the need to help others -main objective is to educate the driver by explaining that he committed a violation, thus reducing the possibility that the driver will commit the voiolation again -may issue a warning -attitude is understanding, fair
Notification of Disciplinary Action
-must notify the POST within 15 days of said action by certified mail actions include: being arrested, suspensions of 30 days or more, if terminated or resigns in lieu of being terminated, indictments of any courts, conviction or bond forfeiture of any court *minor traffic citation DON'T have to be reported
What must a family violence report contain?
-name, DOB, sex -relationship of parties -time -place -date of incident -if children involved/present -abuse -drug involvement -weapons -existence of any protective orders -disposition of case
What happens when an officer loses his power of arrest?
-no authority to execute an arrest warrant -may not apply for/execute a search warrant -no authority to issue a uniform traffic citation -may not arrest for a city/county ordinance -his authority is reduced to the same as a private citizen
Persons exempt from licensing requirement
-nonresident w/ home state license -nonresident w/ international driving permit -person on active duty w/ valid drivers license issued in foreign country by the military -person driving tractor for farm business -member of armed reserves operating gov't vehicle
When may an officer issue a citation?
-offense occurs in officer's presence -information received from another officer -the violation was the result of a motor vehicle accident
Chinese Triads
-organized in China in the 1800's as a patriotic group opposing the rule of the Manchu Dynasty -activities primarily involve racketeering, extortion, murder, kidnapping, illegal gambling, prostitution, and loansharking. Human trafficking, narcotics trafficking, and financial fraud are also commonly associated with Asian organized crime
What hearsay information is considered to be reliable?
-other officers -victims of crime -disinterested private citizens of good reputation -informer making statements against his penal interest
When is there no right to impound a vehicle?
-passenger can drive the vehicle -can call someone to pickup the vehicle in a reasonable amount of time
Exceptions to driving on right side of road
-passing -obstruction exists -one-way road (drive in middle)
Who are the covered relationships under the Georgia Family Violence Act?
-past/present spouses -persons who are parents of the same child -parents and children -step parents and step children -foster parents and children -other persons living in same house hold
juvenile's fingerprints and photographs must be destroyed if?
-petition not filed within one year of process -court does not find probable cause -juvenile not adjudicated delinquent of a felony or misdemeanor
What are the prerequisites for a warrantless arrest?
-probable cause -OCGA 17-4-20/23
What is the purpose of an inventory search?
-protecting the owner's property -protecting officer's against claims of lost property -protecting the public and police from illegal weapons that might be in the vehicle -determining whether the vehicle is stolen or not
What are the two duties of the corrections system?
-punishment -rehabilitation
Principles of physical fitness
-regularity -recovery
When taking a juvenile into temporary custody, an officer may?
-release juvenile with or without first counseling -release juvenile to juvenile's parent, guardian, or custodian -refer to community resources -seek a petition -seek petition and request custody order
Examples of affirmative defense
-self defense -defending a third person against unlawful force -Use of force in defense of habitation -entrapment -minimum age -mental capacity -involuntary intoxication -mistake of fact
Commercial Motor Vehicle
-self-propelled or towed -transport property or passengers -more than 8 including driver for $$$ -More than 15 including the driver for $$$ -gross weight of 10,001 lbs. -hazmat transport
Racing on highways and streets
-serious traffic offense -loose drivers license
What are the factors used to determine need for secure custody?
-seriousness of crime -offense meets criteria set in 7B-1903 -supervision history -aggravating circumstances -mitigating circumstances
Overtaking vehicle on left (passing)
-shall pass to the left at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle -driver of overtaken vehicle shall give way to the right in favor of overtaking vehicle and shall NOT increase the speed of vehicle until safely clear by overtaking vehicle
How should your command language sound?
-short, forceful, and direct -simple
accident location file
-should be started at the beginning of a reporting year -should list locations of traffic accidents and explain an effective tactical plan of action for traffic control
Riding on motorcycles
-sitting astride -facing forward -one leg on either side -cannot carry anything which prevents keeping both hands on handlebars -no extra passengers unless made to carry additional passengers -must wear footwear -must keep headlights on always
NAS STUDY: Problems
-standardized terminology -error rates- no record -over claiming/over testifying -varying protocols
general organizational categories of terrorism
-state-sponsored (international) view terrorism as legitimate tool of foreign policy ex: Cuba and Iran -left-wing terrorism promote socialist doctrine ex: Communism or Socialism -right wing terrorism is racial supremacy, anti-government ex: KKK, militias -religious terrorism committed in name of faith ex: Islam ethno-nationalist/separatist desire to gain self-determination for political cause ex: Roman Catholic Irish republicans of Northern Ireland Criminal terrorism component of organized crime ex: illegal drug distribution special interest seek to resolve specific issues ex: animal rights
Requirements for plain view
-the officer discovering the object must have a legal right to be where he is at the time of discovery -it must be immediately apparent that the seized item is stolen property, contraband, or the fruits of a crime
Gilmartin's survivor tools
-time management- gain control over personal time -physical fitness- working out gets rid of stressors that impede recovery from Hypervigilant state -financial independence- consume less and focus on family needs more
History of interrogations
-torture methods to obtain confessions were accepted -Brown v. Mississippi --> could no longer use violence against an accused to obtain confessions
Speed of school bus
-transporting school children to and from school or to and from school activities at a speed greater than 4 MPH (not a highway) -transporting school children to and from school or to and from school activities on a public road (highway) at a speed greater than 55 MPH -when a bus is in transportation but not loading or unloading children- 55 MPH
stationary assignment
-type of patrol is effective when that the patrol unit will be observed by a greater number of street/highways users -the officer positions himself in a way that makes the patrol vehicle highly visible to a larger number of drivers
what constitutes a suspicious package?
-unexpected or from someone unfamiliar -addressed to someone no longer with organization -excessive postage -handwritten or poorly typed addresses -incorrect titles -title but no name -misspelling of common words -oily stains discoloration or strange odors
Once jurisdiction has been obtained, it will continue until what conditions are met?
-until terminated by the court -until juvenile reaches 18 -until emancipation
U-turns (when prohibited)
-upon any curve -vehicle cannot be seen by the driver of another vehicle approaching from either direction -turn cannot be made in safety and w/o interfering with other traffic -where a prohibition is posted
Purpose and Application of Field Notes
-used as an investigative aid -basis for writing reports
motorcycle
-vehicle or with seat or saddle -no more than three wheels -not a tractor, moped, or all-terrain veh.
When is a vehicle considered abandoned?
-vehicle was left with the door open/closed in a stranger's driveway after attempting to elude officer -leaving vehicle in middle of an intersection and running from officer
VASCAR
-visual average speed computer and recorder -a very simple time and distance computer -by having the officer measure the time it takes for a vehicle to travel a measured distance and feeding that information into the VASCAR unit -its not a radar device amd the unit depends on the officer observing and entering the info into the unit
Crips
-west Los Angeles area in the early 1970's -Raymond Washington -identify with the color blue; members will wear blue bandannas (called rags), caps, belts, shoelaces, shirts, pants. They call themselves Cuz, Kuz, Kuzz. They use the initials B/K, which stands for "Blood Killer." -heavily armed
Non-verbal communication
-what we hear vs see -different forms: facial expressions, hand motions, body posture, hair style, how you drive, dress (paralanguage)
When overtaking on the right in permitted
-when vehicle overtaken is making or about to make left turn -under conditions permitting such movement in safety (movement shall NOT be made by driving off roadway)
Light or flag on projecting load
-whenever load extends to the rear 4 ft more more beyond the bed or body -must have red flashing light or bright red/fluorescent orange flag
Eligibility for compensation to victims
-who have been physically injured in violent crime Includes: victims of homicide, sexual assault, child abuse, domestic/family violence, DUI crashes, vehicular homicide, hit and run, serious injury by vehicle and person incurring eligible expenses due to crime
Testify requirements
-witness competence -addresses issue -relevant -don't need to be an adult
The booking officer should review one of the following documents prior to Accepting Custody of the arrestee. One of the following would constitute LEGAL CONFINEMENT.
-writ or order by court for execution of sentence -court orders or order from Attorney General -arrest warrant -transfer papers or hold orders -warrants signed by arresting officer or teletype message indicating outstanding warrant -uniform traffic citation -warrant or GCIC message confirming violation of parole or probation -order from juvenile or superior court remanding juvenile to adult to judicial system -verbal request from arresting officer indicating he is en-route to secure an arrest warrant
16-5-93; victims entitled to notice of release from custody of person arrested for and charged with stalking or agg. stalking
...
16-10-33; remove or attempt to remove firearm, chemical spray, or baton from person acting within course of employment
... punishable by 1-5 years; can also charge obstruction in conjunction with this
Per Se threshold for persons under 21
.02
Per Se threshold for Commercial Vehicle Drivers
.04
Per Se grounds amount of alcohol
.08
Presumption of guilt according to GA and breath test 40-6-391
0.00-0.05 presumed to not be DUI 0.04 Driver of commercial vehicle is violating law 0.02- under 21 y.o. is in violation 0.051-0.079 no presumption under law can be in violation as a "Less Safe" 0.08- presumed DUI "Per Se"
Due to metabolism, the average person's BAC drops by about
0.015% per hour
Every wreck has at least how many contributing factors?
1
Suspension or denial of license for failure to comply with order of child support
1 notice shall be mailed to address on license no further notice required
Punishment for conspiracy to commit a crime - felony
1-10 years
punishment for criminal damage to property in 1st degree
1-10 years
punishment for false imprisonment
1-10 years
punishment for necrophilia
1-10 years
Punishment for involuntary manslaughter
1-10 years with commission of an unlawful act other than felony misdemeanor with commission of lawful act in unlawful way
Punishment for voluntary manslaughter
1-20 years
punishment for agg. assault
1-20 years
punishment for robbery
1-20 years
punishment for sexual assault
1-20 years
punishment for statutory rape
1-20 years
punishment of aggravated battery
1-20 years
punishment of cruelty to a person who is 65 years of age or older
1-20 years
Punishment for criminal attempt of a felony punished by life imprisonment or death
1-30 years
punishment for bestiality
1-5 years
punishment for criminal damage in the 2nd degree
1-5 years
punishment for possession of tools for commission of crime
1-5 years
punishment for vandalism to a place of worship
1-5 years
Characteristics of a profession
1. Common body of knowledge 2. Minimum standards and qualifications 3. Minimum standards of conduct 4. Organization
Types of Actions of a Suspect
1. Cooperative 2. Resistive 3. Assaultive 4. Life Threatening
Different levels of diplomatic immunity
1. Diplomatic agents and family are immune from criminal prosecution and civil law suits 2. Admin and technical staff members of embassies have lower level 3. Consular officers serving in consulates throughout the county have an even lower level 4. Members of embassy service staff and consular are immune only for acts performed as part of their official duties
What are the top ten unethical offenses committed by law enforcement officers?
1. False statements/reports 2. Larceny 3 Sexual offenses other than rape 4. Battery 5. DUI 6. Excessive use of force 7. Fraud/forgery 8. Drug offenses 9. Weapon offenses 10. Possession or selling cocaine
Levels of Law
1. Federal - overrides all laws 2. State 3. City Ordinances **State and City can only add laws, not take away
6 types of motor vehicle crashes
1. Frontal 2. Lateral(T-Bone) 3. Rear-end 4. Rollover 5. Vaults 6. Rotations
What are 4 exceptions to the exclusionary rule (NOTE: there are more, but only what we went over in class for purpose of this review)
1. Good faith 2. Independent source 3. Inevitable discovery 4. Purged taint
3 types of Selective Enforcement Techniques
1. Moving a. Linear b. Area 2. Point/Spot 3. Stationary assignment
Class of fires:
1. Natural 2. Accidental 3. Arson 4. Unknown
OCGA 17-4-20 Arrest with/without a warrant
1. Offense is committed in officer's PRESENCE or within such officer's immediate knowledge 2. Offender is endeavoring to ESCAPE 3. There is probable cause to believe an act of FAMILY VIOLENCE has occurred 4. The officer has probable cause to believe that the offender has violated a criminal family violence order (officer cannot have any prior or current familial relationship with alleged victim/offender) 5. Officer has probable cause that an offense involving physical abuse has been committed against a VULNERABLE adult 6. For other cause there is likely to be a FAILURE of JUSTICE for want of a judicial officer to issue a warrant
Non-deadly force is justified...
1. Reasonably necessary to defend yourself against some other person using unlawful force (non-deadly force) against you; 2. Reasonably necessary to defend a third person from someone using unlawful force (non-deadly force) against them.
Important steps before cleaning weapon
1. Safety check 2. Remove live ammo from cleaning area 3. Remove magazine 4. Lock slide to rear 5. Visually and physically inspect the chamber, magazine well, and barrel 6. Remove ammo from magazine 7. Place ammo away from weapon
4 types of officer personalities
1. The Helpful Officer 2. The Authoritarian Officer 3. The Aggressive Officer 4. The Pacifying Officer
What three things does the exclusionary rule prohibit?
1. The introduction of evidence seized during an unlawful search 2. Testimony concerning knowledge acquired from that unlawful search 3. Derivative evidence that flowed from the unlawful search
What must the prosecution show to use inevitable discovery exception?
1. The lawful means, which made the discovery inevitable, were possessed by the police, and 2. were actively being pursued PRIOR to the occurrence of the illegal conduct
Deadly Force is justified....
1. To protect yourself from death or serious bodily injury. 2. To protect a third person from death or serious bodily injury. 3. To prevent the commission of a forcible felony.
What are the 2 categories for Vehicle Pullovers?
1. Unknown 2. High Risk
3 Phases of the DUI investigation
1. Vehicle in motion 2. Personal contact 3. Pre-Arrest Screening
Detection phases of a DUI
1. Vehicle in motion 2. personal contact 3. pre-arrest screening
5 parts of a safety belt
1. Webbing 2. Anchor Points 3. Latch plate 4. Buckle 5. Retractor
When searching a building due to a "Bomb Threat" the correct method of searching is?
1. Work in pairs 2. Work from the Outside to Inside 3. Bottom to Top 4. Then Public Access
6 keys to defensive driving
1. aim high 2. get the big picture 3. signal your intentions early 4. plan an escape route 5. take decisive actions 6. make sure others see you
GAS consists of 3 phases
1. alarm reaction- mobilize resources 2. resistance- cope with stressor 3. exhaustion- reserves depleted
What must a search warrant affidavit have concerning the place or person to be searched?
1. an adequate description of the place or person to be searched 2. facts to establish probable cause that the item sought is located at the described place
5 pitfalls that officers should avoid in thier conversations with drivers
1. being abrupt 2. being overly talkative 3. being judgemental 4. using a negative or authoritarian tone of voice 5. poor word choice
2 most important areas of friction
1. between tire and road 2. between brakes and wheels
3 factors that influence your behavior towards others
1. biological 2. unique experiences 3. cultural influences
When are frisks justified?
1. concerns for safety for the officer or others 2. there is suspicion that the suspect is armed and dangerous 3. there is suspicion that the suspect is about to commit a crime and a weapon is commonly used
Skid control rules
1. do NOT use power. Get off accelerator 2. declutch is driving manual car 3. do NOT use brakes until steering control is established
precautions
1. don't eat, drink or touch mouth, nose or eyes when giving first aid or before you wash your hands 2. avoid handling personal items while giving care or before wash your hands 3. do not touch objects soiled with blood or body fluids
2 types of nonverbal communication when on a traffic stop
1. facial expressions 2. stance
When can an exception to the knock and announce rule be made (No-knock warrant)?
1. increase peril of the officer 2. lead to destruction of evidence
Three elements of arrest
1. intent 2. seizure 3. communication and understanding
What proceedings does court have jurisdiction over?
1. interstate compact on placement of kids 2. judicial consent to emergency surgery or medical treatment 3. emancipation proceedings 4. order to appear and show why not held in contempt
When are Qualified Interpreters required?
1. involving a hearing impaired person 2. any proceeding involving a child under 18 whose parents are hearing impaired
Child Safety Seat's (C.S.S) protect in 5 ways
1. keep the child inside of the vehicle 2. Contact the strongest parts of the body 3. Spread the crash forces over a wide area of the body 4. Help the body to slow down 5. Protect the head m neck and spinal cord
Compensation is allowed for 5 categories of loss as long as not covered by any other source (ex: insurance)
1. medical 2. counseling expenses 3. funeral expenses 4. economic support (financial hardship) 5. crime scene sanitation
witness competence (2)
1. not mentally deranged 2. know something relevant to the case, know what testifying about
What would cause concern for officers doing a stop and frisk?
1. officer is alone and backup hasn't arrived 2. number of suspects and their physical size 3. the emotions, behavior, and look of suspects 4. the suspects refuse to cooperate, giving evasive answers 5. the suspects kept his hands in his pockets after being told to remove them
The driver of an authorized emergency vehicle may:
1. park or stand 2. proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation 3. exceed the max speed limits as long as it does not endanger life or property 4. disregard regulations governing direction of movement
What does not apply to routine duties?
1. park or stand 2. proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation 3. exceed the max speed limits as long as it does not endanger life or property 4. disregard regulations governing direction of movement
Why can an officer search you and your immediate area incident to an arrest? (OCGA 17-5-1)
1. protecting the officer from attack 2. preventing the person from escaping 3. discovering or seizing the fruits of the crime for which the person has been arrest; or 4. discovering of seizing any instruments, articles, or things which are being used or which may have been used in the commission of the crime for which the person has been arrested
What are steps when responding to claims of abuse or neglect?
1. provide necessary medical assistance 2. notify Department of Social Service 3. notify juvenile investigator 4. take child temporarily into custody if necessary 5. crime scene handled the same 6. conduct interviews 7. show concern and sympathy
One of two grounds have to be proven to suppress evidence, what are the two grounds?
1. search and seizure without warrant was illegal 2. search and seizure with a warrant was illegal because the warrant is insufficient on its face and there was no probable cause for the issuance of that warrant
crime can be divided into 4 broad categories
1. street crime 2. organized crime 3. white collar crime 4. terrorism
Five requirements of a roadblock
1. supervisory officers decided when and where to implement it for a legitimate purpose 2. all vehicles were stopped 3. the delay to motorists was minimal 4. the operation was well-identified as a police checkpoint 5. the screening officer was competent to determine which motorists should be given field tests for intoxication
4 basic types of drivers
1. the cooperative driver 2. the blameless driver 3. the nonchalant driver 4. the hostile driver
What are the two steps to a stop and frisk?
1. the officer must PAT DOWN first 2. Then intrude BENEATH the clothes only if he comes upon something which feels like a WEAPON
What are the two prongs of the Aguilar and Spinelli Test?
1. the underlying circumstances showing the informant's credibility or the reliability of the information 2. the basis of the informant's knowledge
universal precautions
1. treat all bodily fluids as if they are contaminated with infectious disease 2. use same precautions when dealing with suspects and victims 3. purpose is to reduce risk of blood borne and airborne diseases 4. use protective barriers if possible for CPR 5. use gloves 6. use a bandage to cover any cuts, sores, scrapes or skin conditions you may have
What are the general safety procedures of firearms?
1. treat every firearm as if loaded 2. always point weapon in safe direction 3. never point a firearm at anyone you don't intend to shoot 4. always keep trigger finger outside the trigger guard and against the frame (home position) 5. Never pass a firearm to another person unless the action is open and the weapon is clear of all ammo 6. Never accept a firearm unless the same as #5 7. Always wear ears and eyes 8. Always know location of weapon, never leave unattended 9. Clean firearm after each day of shooting
The Georgia Family Violence Act qualifies two things:
1. victims for certain protection 2. offenders for arrest with and without a warrant
The Six tests used for DUI
1.one leg test 2. Finger to nose 3. finger count 4. Walk and turn 5. Tracing 6. Nystagmus (alcohol gaze)
In cases that require a ex parte order a hearing must be scheduled within ____ days after the entry of the order to determine whether the order should remain in effect
10
What is the minimum age of fingerprinting?
10
A hearing impaired person shall notify the agency no less than
10 days excluding weekends and holidays
How far must you be sitting from the air bag?
10 inches
Need of distance for Air bag and driver
10 inches
OCGA 40-14-8 Use in School and residential districts
10 miles per hour rule
Passanger car
10 people or less in vehicle
How far apart should cones or markers be placed at the scene of a MVC?
10-20 ft apart
punishment for incest
10-30 years; under the age of 14 years 25-50 years
Children as young as .... may admit themselves into a facility
12
a physician may hold an abused juvenile for how long?
12 hours
License suspension for First conviction
12 months; after 120 days, the subject my apply for reinstateent
if juvenile commits a offense that would have been a felony if committed by an adult they may be transferred to adult court at what age?
13
How many police academies in GA?
13 regional academies
What is the minimum age in GA
13 years
Statute of limitations: rape
15 years
How many counties in GA?
159
At what age can petition the court for emancipation?
16
A juvenile is anyone under this age?
17 yo.
Year the Declaration of Independence was written
1776
Year the Constitution was written
1787
When did the Constitution go into effect?
1789
Year the Bill of Rights were written?
1791
What does the average American citizen consider personal space?
18-24"
POST council
19 voting members 10 appointed by Governor 9 members are on Council by virtue of holding office in law enforcement related associations Also, 5 advisory members appointed by Council with no voting powers
Punishment for forgery
1st degree: 1-15 years 2nd degree: 1-5 years 3rd degree: 1-5 years 4th degree: misdemeanor
punishment for burglary
1st degree: 2-20 years 2nd degree: 1-5 years
punishment for cruelty to children
1st degree: 5-20 years 2nd degree: 1-10 years 3rd degree: misdemeanor
why do disgruntled factions turn into terrorism?
2 primary factors: -terrorism is inexpensive -terrorism works by forcing the powerful into concessions
what is a adversarial system?
2 trained experts explain their side to the jury - no competition
Statute of limitations: misdemeanor
2 years
What is the Cone Distance for 25 mph?
20 ft
How far should a vehicle following an emergency vehicle stay back?
200 ft
when was fornication ruled unconstitutional?
2003
Times for Air Bag
20ms to sense an accident / 40ms to inflate the bag total of 60ms
if minor is taken into custody, the LEO of his/her immediate superior, must notify a parent or guardian the minor is in custody with ____ of arrest hours
24
Horizontal Gaze Nystagmus
3 validated clues 1. lack of a smooth pursuit 2. distinct and sustained Nystagmus 3. Onset nystagmus prior to 45 degrees
License suspension for Upon 2nd conviction
3 years; Reinstatement may be granted after 18 months
A person who is a resident of this state shall for how many days must obtain a GA drivers license before operating a motor vehicle in this state?
30 days
How many days does a petition have to be heard before dismissal?
30 days tops
What is the Cone Distance for 35 mph?
30 ft
Statute of limitations: other felonies
4 years
What is the Cone Distance for 45 mph?
40 ft
What is the Cone Distance for 55 mph?
40 ft
No County, City, or campus Officer, shall be allowed to make a cause based on the use of any speed device.
40-14-8 Use in school and Resident Districts
Obedience to Authorize person directing traffic
40-6-2
How fast can a bus drive carrying students to and from school
40mph
School bus speed limit while traveling to and from school
40mph
Federal law
42 U.S.C. 1983
Seatbelt statistic
42% of fatal police crashes, officers were not wearing seat belts you are 26X more likely to be ejected
At what angle should you approach the subject when handcuffing them?
45 degree angle from the rear
What percentage of eye witness statements are inaccurate?
45-60%
What percent of calories should come from carbs?
45-65%; primary source of energy
How many hours does an officer have to obtain an arrest warrant for an offender from the judge before being released? (OCGA 17-4-62)
48 hours
How much recovery time between hard exercise sessions?
48 hours
When it is questionable if an inmate is an illegal alien, what is the protocol? (OCGA 42-4-14)
48 hours to contact Law Enforcement Support Center (LESC) of the Department of Homeland Security to verify status; if an illegal alien, keeper of jail should notify the US Department of Homeland Security
Gangs are responsible for how much violent crime?
48% in most jurisdictions, but up to 90% in others
How many days must a hearing be held in a secure custody order?
5
In cases wherein it is alleged that a juvenile is in immediate protection or assistance a respondent is given notice of hearing, which is to be held within ____ working days from the date of service of the petition
5
How far should someone park when near any fire apparatus stopped in answer to a fire alarm?
500 ft
How many academies are classifies as departmental and provide training for peace officers within their respective departments?
6
delinquent
6-16, commits crime or infraction
How many days do you have to change your address or name on a DLs
60 days
How many days does one have to change their address or name on a license?
60 days
Inflate and deflate times for Air bag
60ms to inflate and 1 sec. to deflate
Automobile manufactures' specifications for brake drums require braking portions to withstand what degree?
659 degrees F
How many days must a hearing be held in a nonsecure custody order?
7
Statute of limitations: crimes punishable by death/life imprisonment or if under 18 years old
7 years
What percentage of communications are conveyed via spoken word?
7%
When bringing in an individual under a warrant to jail, how many hours does the officer have to present the warrant before the offender is released? (OCGA 17-4-26)
72 hours
prosecuting attorney may apply for a new protective order within?
90 days before the expiration of original order
What percentage of successful performance is attributed to psychological skills?
90%; rarely less than 40%
Which vehicle classes are the same, but are only different in compensation
A & E are the same B & F are the same B class cannot drive A, E, or M A can drive all, but M
Officers can be assigned to either?
A Moving or Stationary Patrol
absolute immunity
A complete exemption from civil liability usually afforded to officials while performing particularly important functions, such as representative enacting legislation and a judge presiding over a law suit.
Non-deadly force OCGA 16-3-21
A person believes that force is necessary to defend self or others from the use of unlawful force
Vicarious Liability
A supervisor is responsible for the acts of his subordinates. Negligent hiring Negligent retention Failure to train
What elements are necessary to bring an action against an officer for 42 USC 1983?
A violation of a federal constitutional right or statue Such violation must be by a person acting under color state law
A.O.J.
A- Ability O- Opportunity J- Jeopardy
Classes of D.L.s
A- Person is compensated for driving, required to operate any combination of vehicles, gross combination weight rating of 26,001 lbs. or more, to include a towed vehicle that is HEAVIER than 10,000 lbs. (tractor trailer) B-Single vehicle, such as a bus. 26001 lbs and or towing another vehicle up to 10000lbs. C- NO vehicle or combination of vehicles in excess of 26,000lbs. D-Provisional license, those who wish to get a DL E- Same as A without compensation F-Same as B without compensation M-Motorcycle license P- Learners permit
Driver improvement training programs for elderly drivers is?
AARP driver safety program and AAA "roadwise review" program
17-4-20
Ability to use force
Effective communications
Active listeners Patient Sensitive Observant
What kind of a system is the united states run by
Adversarial system
What is the test used to determine the reliability of the informer?
Aguilar & Spinelli Test (AKA two prong test)
2013
Alcoholic/drug dependent form
What is Over Lapping skid marks?
All four tires locked up and overlap
Registration of motor vehicles 40-2-20
All motor vehicles must be registered each year and persons must obtain a license to operate it Mopeds, golf carts, personal mobility scooter, trailers with no springs used in farming are exempt from tags fine of $100
Difference between admission and confession
An admission represents a statement that tends toward proving guilt (Ex. "I was there"). On the other hand, a confession is a fully corroborated statement during which the suspect accepts personal responsibility for committing a crime.
Area Patrol is?
An area which includes several streets or highways
what is another limitation to the crime victim compensation act?
An individual may make claims under this act (2 per year)
When the inventory is complete the Arrestee WILL sign inventory sheet. If the arrestee refuses to sign?
Annotate the inventory sheet with "Refused to sign" and sign as a witness and have a 2nd officer sign as witness (if available)
foreign court
Any court of competent jurisdiction outside of GA but within the US.
Accident (Crash)
Any person is killed or injured or damages the property of another to an extent of $500 or more is sustained.
Color of law
Appearance without the substance of a legal right. Usually implies a misuse of power made possible because the wrongdoer is clothed with the authority of the government
Chronic stress (most dangerous)
Appears to be never ending There is no way out
Department of Defense
Army, Navy, Air force all have own agencies enforce criminal law on military installations and enforce military regulations handle the investigations of serious violations of criminal law on military installations and of military regulations
Types of skid marks
Asphalt Furrow (on dirt) cement/ concrete pavement cleaning skids abrasive material skids
3 types of retractors
Auto Emergency Switchable (ie the two above combined)
Processing an Accident Scene
Be prompt and safe on arrival observation of en route situation handling of en route hazardous situations
What makes any armor the most effective?
Being worn at all times
Types of mental illness
Bipolar disorder Schizophrenia Obsessive compulsive disorder Panic disorder Post traumatic stress
Striations
Black marks on the road where the tires make contact with the road as they skid
Blood Alcohol Content (BAC)
Blood alcohol content # of grams of alcohol in the blood found in 100 milliliters of the person's blood
Mom sends underage child to the store to buy food
Both the child and the mother will be charged Mother with 'permitting unauthorized minor to drive' Child with 'driving without a license'
What court case gave the "Free and Voluntary Rule"?
Brown v. Mississippi
Cycle of violence
Build up Explosion Regret and remorse
What did Missouri v. Seibert (2004) affirm?
Cannot use the Elstad case to PURPOSELY avoid reading Miranda and then once getting the answers wanted for conviction, reading Miranda and asking the same questions again
Sequence of a Trial
Case Called jury selection (Voir dire) Jury selected Jury Sworn opening statements prosecution presents case -Presents Evidence - Testimony of witness Defense moves for direct verdict defense presents case - Presents Evidence - Testimony of witness prosecution rebuttal closing arguments (MOST IMPORTANT) judge instructions jury to make a verdict jury retires to jury room to make decision Jury returns and renders verdict Sentencing
Injury defined:
Cause by the transfer of energy to tissue
quasi-judicial immunity
Certain officials are immune of performing judicial type functions but not when performing other functions connected with their office.
Characteristics of mentally ill
Changes in behavior Memory loss Hears voices
16-6-4; child molestation; agg. child molestation
Child Molestation (1) does any immoral or indecent act to or in the presence of or with any child under the age of 16 years with the intent to arouse or satisfy the sexual desires of either the child or the person; or (2) by means of an electronic device, transmits images of a person engaging in inducing, or otherwise participating in any immoral or indecent act to a child under the age of 16 years with the intent to arouse or satisfy the sexual desires of either the child or the person Agg. Child Molestation commits the offense of child molestation that physically injures the chid or involves an act of sodomy
40-8-76
Child Passenger Law
Patrol Patterns
Circular Patrol Double Back Patrol Random Patrol
Local Law Enforcement Agencies
City, County, and County Sheriffs
Types of Legal Liability
Civil liability Criminal liability Administrative liability
Tort
Civil wrong for which a remedy may be obtained usually in the form of damages.
Extended jurisdiction to age 19 includes which felonies?
Class B1 Class B2 Class C Class D Class E
Close vs. Open Ended questions
Closed: yes or no Open: answer requires explanation
What is Law Enforcement main goal?
Compliance of the Law
What are the driving characteristicsof a DUI Driver?
Crossing center line, Speeding, Driving on shoulder of roadway, No lights, Too slow, Stopped in Roadway, Wide turns
Evaluation form for elderly to have license suspend or Revoked
DDS - 270
Make sure others see you
DO NOT MOVE UNLESS YOU ARE 100% CERTAIN IT IS SAFE!
Ways you can have your drivers license suspended
DUI failure to pay child support racing fleeing/eluding homicide by vehicle
What is an example of a link between an arrest and a vehicle search?
DUI -- searching for source of intoxication
What court case affirmed that an officer doesn't have to have the paper copy of their POST certification to have arrest powers?
Davis v. State
Stockholm Syndrome
Debility Dependency Dread Disorientation
Gross Misuse is?
Deliberate or obvious misuse
Purpose of the breath test
Demonstrate association of alcohol with observable evidence of suspects intoxication ie corroboration
Mental illness
Depression, anxiety disorders, schizophrenia, eating disorders and addictive behavior
Title 18 USC 242
Deprivation of rights under color of law
What is an external factor that influences an officers perception?
Distance
Marking of Official Vehicle 40-8-91
Distinctly marked on each side and the back with the name of the agency responsible in letters NOT LESS than 4 inches in height
Where is venue for juvenile?
District court where juvenile lives
What amendment affects eyewitness identification evidence?
Due Process clause of the Fifth Amendment
Trauma
Emotional or psychological shock that may produce disordered feelings or behavior
40-6-391-(l)
Endangering child by driving under influence *always make it as separate case*
For Reckless driving a key element is?
Endangering public safety
OCGA 17-5-28 Search of other Persons on Premises
Even if a person isn't named in a warrant, but found on the premises, they are subject to search if the officer can articulate specific facts that would support a reasonable believe that the person is armed (Terry frisk)
Sheriff
Every county has one, who is an elected, Function in part of the superior court, operates the county jail, has arrest power throughout the state and not confined to county boundaries
Subjective Evidence
Evidence that CANNOT be evaluated (opinions, judgement, rumors) Simply accept what the person states or reject it.
Objective evidence
Evidence that you can examine and evaluate for yourself.
Subjective evidence
Evidence that you cannot evaluate... you simply have to accept what the person says or reject it
Post staff
Executive office and 4 divisions: Training standards, Program support, Administration hearing and certification, and Investigations each headed by division director and clerical staff that operates under supervision of Executive director
who is the lead federal law enforcement agency in any terrorist attack
FBI
What feature is most likely to make the traffic stop a learning experience for the Officer?
Facial Expressions
criminal liability
Federal 18USC 241 AND 242
When is a preliminary Exam required
Felonies
Punishment for fourth or subsequent within 10 years is a?
Felony
You cannot write a citation for a?
Felony
Punishment for school bus drivers convicted of DUI while driving a school bus is?
Felony 1-5 year and/or fine
Ethanol Alcohol
Fermented sugars by yeast Distilled by a controlled boil to extract and concentrate the gases used in drinks, gasoline, and in medical antiseptics
Acute (most common)
Fight or flight Thrilling and exciting in small doses
OCGA 25-2-9 Authority given to...
Fire Marshals have the authority to investigate fires at the request of local LEOs Have the power to arrest
16-5-70; elements of cruelty to children
First Degree (1) a person supervising the welfare of or having immediate charge or custody of a child under the (2) age of 18 commits the offense cruelty to children in the 1st degree when such person (3) willfully deprives the child of necessary sustenance to the extent that the child's health or well-being is (4) jeopardized such person maliciously cause a child under the age of 18 cruel or excessive physical or mental pain Second Degree person with criminal negligence causes a child under the age of 18 cruel or excessive physical or mental pain Third Degree -primary aggressor, intentionally allows a child under the age of 18 to witness the commission of a forcible felony battery, or family violence battery; or -primary aggressor, having knowledge that a child under the age of 18 is present and sees or hears the act, commits a forcible felony battery, or family violence battery
16-5-44.1; elements of motor vehicle hijacking
First Degree (1) while in possession of a firearm or weapon, (2) obtains a motor vehicle (3) from an individual or the presence of another individual by force and violence or intimidation OR attempts/conspires to do so Second Degree (1) obtains a motor vehicle (2) from an individual without his or her consent or from the immediate presence of another individual without her or her consent OR conspires to do so
16-7-1; burglary
First Degree without authority and with the intent to commit a felony or theft therein, he or she enters or remains within an occupied, unoccupied, or vacant dwelling house of another or any building, vehicle, railroad car, watercraft, aircraft, or other such structure designed for the use as the dwelling of another. Second Degree without authority and with the intent to commit a felony or theft therein, he or she enters or remains within an occupied, unoccupied, or vacant building, structure, railroad car, watercraft, or aircraft.
Impending skid marks
First point of brake application not full ABS
What states are included in the 11th Circuit for Supreme Court?
Florida, Alabama, Georgia
What is a common indicator of a driver under the influence?
Flushed face
Definition of Deadly Force
Force that is likely to cause death or serious bodily injury.
Definition of Non-deadly Force
Force that is not likely to cause death or serious bodily injury.
Parts of a pistol
Frame, barrel, slide, magazine, ammunition, trigger, trigger guard, firing pin
Fifth Amendment
Freedom against self-incrimination and double jeopardy
First Amendment
Freedom of speech, religion, press, assembly, and petition the government for a redress of grievances
What does FITT stand for?
Frequency, Intensity, Time, Type
When do most DUI's occur?
Friday and Saturdays between 2000-0200
Vehicle Crashes
Frontal Lateral Roll-over Rear-end Vaults Rotations
booking report when completed must be entered to?
GCIC- GA Crime Information Center
Victims must apply by written application to who?
Georgia Criminal Coordinating Council
Where does a peace officer get his power of arrest from?
Georgia law Title 35; the POST act
What does Two Short Whistle Blast mean?
Go
Types of Seizures
Govt. Termination of movement by means intentionally applied -Spraying with O.C. spray -Hitting with a baton -Grabbing/striking someone -Shooting someone with a weapon -Killing (the ultimate seizure)
What is one of the most reliable field tests available to determine impairment?
HGN
The five Motorcycle gangs that pose a serious threat to the nation...
Hells Angels, the Outlaws, the Mongols, the Sons of Silence, and the Bandidos
Good faith defense
Honesty in belief or purpose Faithfulness to one's duty or obligation Observance of reasonable commercial standards of fair dealing in a given trade Absence of malice
Good faith
Honesty is an intention or an honest belief yang the act you are doing is lawful and not done because you do not like a person or because you intend to cause unlawful harm to such person.
What is the Oath of Honor?
Honor, Integrity, and Respect are never betrayed. I will always hold myself and others accountable for having the courage to do the right thing.
3 elements to every crash
Human element (texting) Roadway Element (Ice, snow, pothole) Vehicle Element (tire condition, brakes)
Objective Language (Facts)
I saw him... I counted four people... I saw him run toward... She said she was going to...
When does airbag deploy?
If accident is within 30 degrees of center on front of vehicle, at least 14mph for fixed object and 28mph for moveable object
What did Oregon v. Elstad (1985) affirm?
If officers fail to advise a person in custody of Miranda and he is asked questions that incriminate him, that may be cured if the defendant later is advised of Miranda and gives an un-coerced, free and voluntary statement. That statement is admissible in trial. Not advising Elstad of Miranda was a mistake and the officers were not intentionally trying to get around the law
What is the good faith exception to the exclusionary rule?
If officers had reasonable, good faith belief that they were acting according to legal authority, such as by relying on a search warrant that is later found to have been legally defective, the illegally seized evidence is admissible under this rule.
Operating motor vehicle while registration of such vehicle is suspended, canceled, or revoked 40-6-15
Illegal and guilty of a misdemeanor. up to 12 months in jail
What is to deter the traffic violator or potential violator.
Immediate Object
intellectual disability disorder
Impairments of general abilities that impact a persons ability to function
How long will a Drivers license be if you fail to pay a UTC?
Indefinitely until the matter is settled in court and fines are paid
POST has 5 advanced levels of certification
Intermediate, Advanced, Supervisory, Management and Executive
Barriers to effective communication
Interruptions Pretending to listen/daydreaming Invading space Overreacting Distractions Prejudices
What is considered a successful traffic stop?
Is one in which an officer does all in his power to provide a learning opportunity for the driver.
Required obedience to traffic laws; maximum fines for violating speed limits 40-6-1
It will be unlawful for anyone to do any act forbidden or fail to perform any act required in chapter 6 and will be a misdemeanor. Fines for speeding: 0-5mph=no dollars 5-10= $25 10-14= $100 14-19= $125 19-24= $150 24-34= $500
Who determines a Preliminary Hearing
Judge
16-3-21
Justification to use force
Who wrote "Emotional Survival for Law Enforcement"?
Kevin M. Gilmartin Ph.D
Homicide by Vehicle- 1st
Killing or severe bodily injury BY passing a school bus, fleeing the police, or DUI
Homicide by Vehicle- 2nd
Killing or severe bodily injury but not by passing a school bus, fleeing the police, or DUI
Marking of official vehicles
LE vehicles- shall be distinctly marked on each side and back w/ name of agency in letters not less than 4 inches in height
4 Levels of Gang Involvement
Leader Hard-Core Member Associates Fringe/Peripheral/Marginal members
En route planning
Learn of the crash Obtain info about the crash anticipate the scene and the needs plan while en route your actions
What will happen if you fail to appear for court?
License will be suspended until the situation is fixed in court
Characteristics of IDD
Limited verbal skills Short attention span Weak short-term memory
Ninth Amendment
Listing of certain rights in the Constitution shall not be construed to deny or disparage other rights retained by the people
Is to increase the level of voluntary compliance to traffic regulations.
Long Range Goal
16-9-1; offense of forgery, 3rd degree
Makes, alters, possesses, utters or delivers any check written in the amount of $1500 or more... Possess 10+ checks written without a specified amount in a fictitious name or manner...
16-9-1; offense of forgery, 4th degree
Makes, alters, possesses, utters or delivers any check written in the amount of less than $1500 Possess less than 10 checks written without a specified amount in a fictitious name or manner...
Deadly force 17-4-20 (b)
May use deadly force if: Felon possess a deadly weapon, reasonably believes that the felon poses an immediate threat of physical violence to the officer or others, or subject has committed a crime involving or threatening a crime of serious physical harm to another person
What is the difference between mental illness and intellectual disability disorder?
Mental illness is a disorder like depression and intellectual disability disorder are impairments that impact ones ability to function.
1013
Mentally ill form
aspects of communication
Message intended Message sent Message received
Types of Alcohol
Methyl Ethyl Isopropyl
4 categories of IDD
Mild or educable Moderate or trainable Severe or moderately trainable Profound or limited trainable
Third conviction within 10 years
Misdemeanor or a high and aggravated nature
First and second conviction within 10 years
Misdemenor
non verbal communication
More important than spoken word. Of average communications, only about 7% of message is actually conveyed by the spoken word
State Law Enforcement Agencies
Most are headquartered in Atlanta with offices scattered around State
verbal communications
Most common form of communication. Verbal message is contradicted by the body language. Message intended is rarely the message sent
0.04g
Moving commercial motor vehicle
Brake lights and Turning Signals 40-8-25
Must be visible within 300ft
Headlights 40-8-22
Must be visible within 500ft
Tail light 40-8-23
Must be visible within 500ft
Tag Light 40-8-23
Must be visible within 50ft
Other than the officer's senses to develop their probable cause, what else can they draw from?
NCIC/GCIC returns Radio Communications Flyers/Bulletins
NHTSA
National Highway Traffic Safety Administration
NHTSA
National Highway Traffic and Safety Administration
Does the Good Faith Exception apply in Georgia?
No
Is plain view an exception to the warrant requirement for search?
No
Is there a murder scene exception to the search warrant?
No
intellectual disability disorder
No Age requirement Chronic disorder IQ 70 or below
Deadly Force OCGA 17-4-20 (d)
No agency of this state shall adopt or promulgate any rule which prohibits a peace officer from using that degree of force to apprehend a suspected felon which is allowed by statutory and case law of this state.
Abused and neglected
No minimum age
permitting unauthorized minor to drive 40-5-123
No person shall cause or knowingly allow his child under 18 to drive without a license
O.C.G.A. 40-6-2
No person shall fail or refuse to comply with any lawful order or direction of any police officer, firefighter, police volunteer authorized under code section 35-1-11, or school-crossing guard
Third Amendment
No soldier can be in your home without consent
Fourteenth amendment
No state shall make or enforce any law which shall deprive anyone of life, liberty, or property without due process of law
Types of bombs
Nuclear Chemical Mechanical
Preliminary Breath Testing
ONLY used to determine is alcohol is either present or not present in the driver's system cannot use it in court can put BAC in narrative
What is the OODA loop?
Observe, orient, decide, act
Negligent torts
Occurs when an officer performs a reasonable act within his/her scope of duty but without due care.
Intentional Torts
Occurs when there is an intention on the part of a peace officer to bring some physical or mental harm to another person
non verbal communication
Of average communications, only about 7% of message is actually conveyed by the spoken word.
OJARS
Office of Justice Assistance, Research, and Statistics
OCGA 17-5-27 Use of Force
Officers must make a good faith attempt to give verbal notice of their authority and purpose before force is used
Booking an individual into the jail creates what?
Official record of the arrest and cannot post bail until booking has been completed
Elements in tort Liability
Owned a duty to plaintiff That we breach that duty There was injury to the plaintiff Proximate cause of the injury is a direct connection between breach of duty and the injury to the plaintiff Plaintiff must prove amount the amount of damages
Who do you notify if you violate any rules regarding certification?
POST
Arriving at the scene
Parking considerations (park on the hill crest) Safety considerations Check for injuries evidence collection and documentation
Georgia Crime Information Center (GCIC)
Part of GBI Collects, maintains and disseminates complete and accurate criminal history information (oversees the privacy and integrity of criminal history record information) maintains Criminal Justice Information center (CJIS) and serves as link to Federal Bureau of Investigation's National Crime Information Center (NCIC) and access to criminal history record information from other states
What gives you the most points on your license?
Passing a bus
Homicide by vehicle 1st degree
Passing a school bus, DUI, fleeing or evading a LEO and killing a person without malice forethought
Perception Defined is
Past Experience + Observations = ...
What case established officers being able to make a warrantless, forced entry?
Payton V. New York; exigent circumstances
involuntary hospitalization
Peace officers within 72 hrs of receipt of certificate take custody of and deliver to nearest receiving facility the county where patient is found or examined.
2 GA DUI Laws
Per Se and Less Safe
Who should get copies of secure or nonsecure custody order?
Person (parent & child), agency, or detention facility where juvenile is to be placed
OCGA 40-14-2 Use by Certified peace officers
Person operating the speed detection devices muse be registered or certified by the GPSTC
Visitor
Person who is not a resident and does not reach the criteria of a Non-resident Must register their vehicle if in the state over 90 days
Malfunction Clearance
Phase 1 - tap, roll, rack, recover Phase 2 - tap, roll, rack, rack, rack, reload, roll, rack
What was the Ohio statute violated in Mapp v. Ohio?
Possession of Pornography (felony)
What two things must be on a speeding ticket
Posted speed and the actual speed of the vehicle at the time of the violation
What are the defenses available to officers involving torts?
Probable cause and good faith
Preliminary Exam 2 Purpose?
Probable cause hearing which determines: 1. has a felony been committed 2. was the defendant the one who committed it
Eighth Amendment
Prohibits cruel and unusual punishment, excessive fines, and excessive bail
In Re Winship
Proof beyond a reasonable doubt needed in Juvenile cases They are not entitled to a jury by their peers cannot result in a conviction
Highway
Property to property; any and all publicly maintained area used for vehicular travel
Direct examination
Prosecutor will ask questions will ask what happened, we must ask in full and in detail if the same question is asked multiple times, think about the question and the report made
What is the exception to the Miranda warning?
Public Safety Exception
0.08g
Regular driver
Fourth Amendment
Right against unreasonable search and seizure
Second Amendment
Right to bear arms
In Re Gault
Right to counsel Right to be notified of charges to confront and cross examine witnesses May receive a transcript protection against self-incrimination
Divided Highway
Roadway divided into two or more roadways by an intervening space or physical barrier
Isopropyl Alcohol
Rubbing alcohol, waterless hand sanitizer, a deicer for windsheilds
Situations requiring traffic direction and cotrol rechniqes and procedures
Rush hour traffic; Peak hours of business during evenings, weekends, and holidays; school traffic; special or unusual situations; Hazardous scenes; Escorts of special traffic
4 strategies of problem-oriented policing
SARA -scanning -analyzing -responding -assessing
What does a Long Whistle Blast mean?
STOP
What kind of vehicles have a high center of mass and are more likely to be involved in a rollover?
SUVs and trucks
an officer can be polite and professional without being a?
Sales person
A juvenile cannot be held in temporary custody more than 12 hours or 24 hours if any of the 12 hours fall on ____ or ____
Saturday, Sunday
What is the SARA model?
Scan Analyze Respond Assess
Feedback look of communication
Sender > message > Receiver > feedback
SCOTUS factors in considering reasonableness of force (aka Graham Factors)
Severity of offense Immediate threat to safety Actively resisting arrest Evading arrest by flight Size, age, mental health, violent history, alcohol, drugs, etc.
Driving under the influence (ability impaired) 40-6-391
Shall night drive or be in any actual or physical control of any moving vehicle while: -under influence of alcohol -any drug -under intentional influence of any glue, paint, aerosol, or toxic vapor, -blows a 0.08 within three hours of being in contact with a vehicle -any amount of marijuana or controlled substance
Subjective Language (conclusions)
She acted like she was... I thought he was... He needs to grow up.
Personal Contact
Should I ask them to exit the car? See: bloodshot eyes, soiled clothing, fumbling fingers, paraphernalia, bruises, bumps, etc. Hear: Slurred speech, admission, abusive language, inconsistent responses smell: alcohol, marijuana, unusual odors, 'coverup' smells
Vehicle in Motion
Should I stop this vehicle? - Weaving, Headlights off, Swerving, Wide turning radius, Following too Closely, Drifting, 10 miles under the speed limit, braking erratically
Physical characteristics of DUI Driver
Slurred speech, Fumbles with his DL, Glassy eyes, Odor of alcoholic beverage, Passed out
16-6-2; sodomy; agg. sodomy
Sodomy when he or she submits to any sexual act involving the sex organs of one person and the mouth or anus of another Agg. Sodomy commits sodomy with force and against the will of the other person or when he or she commits sodomy with a person less than 10 years of age
effective communication
Speaking clearly and directly accomplishes two things: If we are speaking directly to them, they are more likely to listen. It lets them know we are sincere
what will you charge a man who is driving 80mph in a 55mph zone
Speeding
Cycle of Violence
Stage 1 - build up Stage 2 - explosion Stage 3 - regret and remorse REPEAT
Civil Liability
Stare torts. Federal law 42 USC 1983
the officer who insist on trying to get the driver to admit guilt may only succeed in?
Starting an argument
Criminal Liability
State 16-5-1 and 16-5-42
In cases of alleged child sexual abuse in a daycare facilities or home, Department of Social Service must notify who?
State Bureau of Investigations
Steps for disengagement
Step back to create distance and protect weapon, step to side to get out of line of fire and more from spot last seen by threat
Interpersonal communication
Successfully communicating with another person It is a game of pitch and catch Message intended v. Message received
The most dangerous phase during a vehicle stop is?
The Approach
Petition or motion for review has to be filed by
The Department of Social Services
Who determines the need for treatment in the case of a juvenile?
The Juvenile Court
Why can Georgia decide not to allow the good faith exception?
The US Supreme Court gave states the power to impose higher standards on searches and seizures than required by the Constitution
Who has the responsibility of determining if a building should be evacuated upon receiving a bomb threat?
The building management
40-8-76 Excpetions
The child is 4'9" or 100lbs and can be secured by a safety belt
Person is sent to a care facility 90 miles away, but there is a facility that is 10 miles away which offers the same treatment, which of this should he be sent to?
The closest one available. 10 miles
Liability
The condition of being actually of potentially subject to an obligation; the condition of being responsible for a possible or actual loss, penalty, evil expense, or burden; or, a condition which creates a duty to act immediately or in the future
Williamson v. U.S.
The hearsay rule is premised on the theory that out-of court statements are subject to particular hazards. The declarant might be lying; he might have misperceived the events which he relates; he might have faulty memory; his words might be misunderstood or taken out of context by the listener. And the ways in which these dangers are minimized for in-court statements—the oath, the witness' awareness of the gravity of the proceedings, the jury's ability to observe the witness' demeanor, and, most importantly, the right of the opponent to cross-examine—are generally absent for things said out of court.
Who can start a ALS hearing procedure?
The officer must because he is the one who knows what happened
Graham vs Connor
The orange juice incident -Person had low insulin -Officers stopped to conduct investigation of possible robbery -Subject showed strange behaviors -Detained by use of handcuffs -Released after situation was cleared
What is Gross Vehicle Weight?
The weight of the car only
What is Off-Set skid marks?
There is an abrupt impact causing a shift in the skid marks
Why is the booking a critical time for the arrestee?
They may become agitated or depressed, often suicidal and others may be uncooperative or violent. DO NOT reply on the arrestees to make you aware of these events.
Spree Arsonist
Three or more fires at separate locations
Serial Arsonist
Three or more fires at three or more locations
Mass Arsonist
Three or more fires in one event
What are the tiers of police/citizen contact?
Tier One - verbal encounter Tier Two - brief seizures Tier Three - arrest
How the body eliminates alcohol
Time. Commonly expelled through ones breath, sweat, and urine. 90% Alcohol will metabolize in the liver and is aided by alcohol dehydrogenase BAC drops at a rate of 0.015 per hour
Communication
To convey information or to get a point across
Objective Reasonableness
To strike the delicate balance
Traffic Enforcement is?
Total police effort direction to obtain compliance to traffic regulations after programs, education, training, engineering and the like fail to reach this object.
What does Multiple Whistle Blast mean?
Trying to get Attention
Conspiracy Against Rights
Two or more persons. 18 USC 241
District Attorney of County
Typically enters a case after police work is done, may assist in complicated cases like fraud and bribery
US Marshal Service
US department of Justice responsible for serving civil and criminal process as direct by the court; the execution of arrest warrants; investigation and arrest of fugitives, movement and custody of federal prisoners, witness protection, seizing and disposing of property under court orders, security of federal court facilities, judges, jurors, and other trial participants the collection and disbursing of federal funds and other functions at the direction of Attorney General
What court case gave us the good faith exception?
US v. Leon (1984)
Lewd Stickers, decals, etc... 40-1-4
Unconstitutional
0.02g
Under the age of 21
A person shall not drive or be in actual physical control of any moving vehicle while:
Under the influence of alcohol, any drug, Intentional influence of any glue, aerosol, or other toxic vapor.
In what manner should traffic directions be directed?
Uniform manner
Serious Misuse is?
Unintentional
Most common actions for suit
Use of force Negligent Motor Vehicle Operation Taking away freedom
Administrative liability
Violation results in: Dismissal Demotion Transfer Reprimand
Cases involved in the history of the exclusionary rule
Weeks v. United States (1914) Wolfe v. Colorado (1949) Mapp v. Ohio (1961)
License to be carried and exhibited on demand 40-5-29
While operating a motor vehicle, one must carry and show his license at the request of a LEO
Most people arrested for DUI's are what race and age?
White/Hispanic between 25-44 yrs old
18 U.S.C. Section 242 Deprivation of Rights Under Color of Law
Whoever willfully subjects any person to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both. if death results from the acts, the person shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death
Are officers required to notify victims that compensation is available to them?
YES
While diplomats have this immunity in the US, can they still get in trouble?
Yes, in their originating county - they can decide on punishment
what type of world can an officer create?
a "proactive" world in which I plan my home life around core values of family, loving and caring
what is world view based on?
a "threat based" biologically driven perspective in which everyday events unfold as potentially dangerous to officer safety
What should arrest be thought of?
a PROCESS of events
How did the Maryland v. Buie case define a protective sweep?
a QUICK and LIMITED search of premises, incident to an arrest and conducted to protect police officers or others
Methicillin Resistant Staphylococcus Aureus (MRSA) or Oxacillin-resistant staphylococcus aureus (ORSA)
a bacterium responsible for several difficult to treat infections in human any basteria/staph infection that has develop resistance to antibiotics spread by person to person by direct contact
what stance should an officer not take during a traffic stop?
a combative stance
autonomic nervous system
a control system that acts largely unconsciously and regulates bodily functions such as the heart rate, digestion, respiratory rate, pupillary response, urination, and sexual arousal
hypervigilance is what?
a cyclical, biologically driven energy change
Alcohol
a depressant that affects the central nervous system
what does hypervigilance produce?
a general "sense of energy" to meet and overcome threat to personal survival
What is a seizure?
a government termination of movement through means intentionally applied
what happens when a temporary restraining order is issued without notice?
a hearing must be set at which time the court will consider protective order
what is terrorism generally motivated by?
a higher cause or purpose; including: race and hate, religion, politics, and desire for social change
dependent juvenile
a juvenile in need of assistance or placement because the juvenile has no parent, guardian or custodian responsible for care or supervision
Neglected juvenile
a juvenile who does not receive proper care, supervision, or discipline from the juvenile's parent, guardian, custodian or caretaker, or who has been abandoned
Undiscplined juvenile
a juvenile who while less than 16 years of age but at least 6 years of age, is unlawfully absent from school is regularly disobedient
What is a protective sweep?
a limited search of the premises conducted primarily to ensure the safety of police officers by detecting the presence of others
What must exist between the arrest and the search of the vehicle?
a nexus/link
Pedestrian obedience to traffic controlled devices
a pedestrian shall obey the instructions of any official traffic control device unless otherwise directed by a LEO
16-5-60; elements of reckless conduct, HIV infected persons
a person causes bodily harm to or endangers the bodily safety of another person by consciously disregarding a substantial and unjustifiable risk that his act or omission will cause harm or endanger the safety of the other person and the disregard constitutes a gross deviation from the standard of care which a reasonable person would exercise HIV (1) an HIV infected person who, after (2) obtaining knowledge of being infected with HIV ~summary~ shares HIV without the other persons consent in various ways (1-5)
Juvenile
a person who has not reached their 18th birthday and is not married, emancipated, or a member of the armed forces
Pedestrians under the influence
a person who is under the influence of intoxicating liquor or any drug which renders him a hazard shall not walk or be upon any roadway or the shoulder of any roadway
Traffic Accident
a road vehicle accident in which (1) the un-stabilized situation originates on a trafficway or (2) a harmful event occurs on a trafficway
Facts of the case in US v. Leon
a search warrant was executed based on an affidavit signed by a judge and reviewed by three DA's Large quantities of drugs were seized but were suppressed due to the lack of probable cause for the original search warrant officers had good faith executing the search warrant, they are not expected to question the judge's decision
true emergency
a situation in which there is a high probability of death or serious injury to an individual, or significant property loss
what are most militias concerned about?
a social disaster stemming from race war, economic collapse, nuclear holocaust, or biological disaster
No motor vehicle shall be operated w/ a windshield or rear window having what?
a starburst or spider webbing effect greater than 3X3 inches
crisis zone
a strop about 20 inches wide that starts at the violator's rear bumper and ends about 10 inches from the driver's door. If passengers are in the back seat it will end 10 inches from the passengers window
Reticular Activating System (RAS)
a system of the human brain that determines one's state of awareness
Linear Patrol is?
a type of patrol that requires the officer to patrol a street or highway from one point to another fixed point (Think a Straight Line)
What is the process for a private citizen applying for a warrant? (OCGA 17-4-40)
a warrant hearing is to be held
What did US v. Ross affirm?
a warrant-less search is no broader or narrower than a magistrate would legitimately authorize by warrant
What does taint mean?
a. to affect with or as if with a disease b. to affect with decay or putrefaction; spoil. Contaminate
What does purge mean?
a. to free from impurities; purify b. to remove (impurities and other elements) by or as if by cleaning
symptoms of Hepatitis B
abdominal pain, fever, fatigue, loss of appetite, nausea, vomiting, gray colored bowl movements, joint pain, jaundice
Department of Social Services is required to send a written and oral report to DA and law enforcement if the director finds evidence of
abused juvenile within 48 hours of abuse
Friction enables the emergency vehicle to do what?
accelerate, stop, and change direction
Characteristics of an effective report
accuracy conciseness completeness clarity legibility objectivity grammatically correct correct spelling
What are two parts of a crime?
act and intent
crime
act committed which constitutes any violation of GA laws in code book under many chapters and titles
What is qualified immunity?
acting within duties of your job and no case law/law against it
Due Regard
actions that a reasonable, careful officer, w/ similar training and experience performing similar activities, would take under the same circumstances
Acts (choosing not to enforce the law) become what?
acts of commission- continuum of dysfunction moves to conscious violation of agency rules, regulations, and SOPs
rabies
acute viral disease of central nervous system transmitted through saliva of infected animal almost always fatal
What is professionalism?
adhering to the technical/ethical standards of a profession
US Fish and Wildlife Service
administers and enforces federal wildlife and park protection laws and regulations
booking
administrative steps taken after the arrested person is brought to the police station which involves entry of the person's name, the crime for which the arrest was made, and other relevant facts on the police "blotter" and which may also include photographing and fingerprinting
biological agents/weapons can be disseminated by
aerosols (crop duster planes), dermal exposure (breaks in skin), or inhalation ex: anthrax is very persistent can remain in soil for hundreds of years
What are the two parts to a warrant?
affidavit command
When must NONRESIDENTS apply for registration on their vehicle?
after 30 days
When must VISITORS apply for registration of their vehicle?
after 90 days
What did Minnesota v. Dickerson affirm?
after the officer knows there are no weapons, he is not authorized to squeeze, slide, or manipulate the contents of defendant's pockets; has to be IMMEDIATELY apparent
17-5-29 Return of Search Warrant
after the search has been completed, it is the duty of the officer to file a verified list of items seized with the magistrate
Emotional survival for the average officer is dependent on?
agency awareness
custodial authority
agency having custody of the accused must notify the victim if accused is released (must include terms ex: if wearing electronic tracker) or escapes from custody
what pathogens present more of a challenge and why?
air borne pathogens because they cannot be easily identified until the responder is within close contact of the infectious person
biological weapons
aka poor man's atomic nuke, considered to be very high risk bacteria and viruses exist everywhere materials needed to build a functional device are generally easy to procure and little expertise needed to disseminate the agent effects are generally delayed for hours or days if agent is contagious the target area could expand very quickly but initially defined area
What is the most abused drug?
alcohol
OCGA 17-5-24 Authority to Execute
all peach officers can execute a search warrant
What is a physical lineup?
all persons should be of same age/race/characteristics and are lined up; can be compelled to speak certain words
unknown risk
all vehicle stops should be thought of in this term the violation itself is not an indicator of what you are dealing with the appearance of the driver/passengers ad vehicle may not offer any warning of danger
What is one of the most common skids?
all wheel braking skid GET OFF BRAKES
What is the purpose of a secondary stop location at a roadblock?
allows motorists who have the proper credentials and are safe to drive only be detained briefly
Purpose of the decocking lever on a pistol?
allows the hammer to be dropped on a live cartridge without risk of discharging it
Rule of Sequestration
allows witnesses to be excluded from the courtroom during proceedings. The rule also requires that witnesses not discuss the case with anyone other than the judge, or the attorneys involved directly in the case. A violation of the rule goes to the credibility of the witness.
Following (another vehicle)
always allow for 3 seconds between you and the vehicle you are following
What is the only exception for duty to report?
an attorney acquires such knowledge from client during representation
What is an ex parte?
an emergency hearing
Anthrax
an infection caused by bacterium Bacillus anthracis found in many types of soil that primarily affects livestock but can occasionally spread to humans affecting either skin, intestines, or lungs -in humans it can be treated but fatal in animals - causes coal-black sore-most common form of disease -may be used as type of biological weapon become infected simply by inhaling spores and inhaled anthrax is most dangerous form
What did Florida v. Wells establish?
an inventory must not be a cover for general rummaging to discover evidence
What did the US v. Cortez case affirm?
an investigatory stop must be justified by some objective manifestation that the person stopped is, or is ABOUT to BE, engaged in criminal activity
where is the best environment to conduct an interview?
an office
What did Steagald v. US affirm?
an officer may search for the subject of an arrest warrant at his residence armed only with an arrest warrant
Organized Crime Strike Force
an umbrella organization operated by US department of Justice representatives from 15 federal, state, and local agencies make up force meet regularly to discuss the activities of member agencies investigates- racketeering, traditional organized crime, white-collar organized crime, and violations by and against unions
How often do you have to complete firearms training after initial certification?
annually
How can you prevent brake fade?
anticipate need for braking and give yourself enough distance to slow down
What is the definition of crime prevention?
anticipation, recognition, and appraisal of some crime risk and the initiation of some action to remove or reduce it
definition of government action
any action taken by government officials and their agents
Sirens, whistles, bells
any authorized emergency vehicle may be equipped w/ such under normal conditions from a distance of not less than 500 ft- must be used in an emergency
If a crime is committed in transit, how is venue determined?
any county in which the crime could have been committed
who has authority to issue custody orders?
any district court judge
Delinquent juvenile
any juvenile who while less than 16 years of age, but at least 6 years of age commits a crime or infraction under state law or under an ordinance of local government, including violation of the motor vehicle laws
Trafficway
any land way open to the public as a matter of right or custom for moving persons or property from one place to another
arresting law enforcement agency
any law enforcement agency, other that the investigating agency, which arrests the accused
Nondivertible offense
any offense that would require a juvenile to go to court and other options would not be available
Misdemeanor child abuse
any parent of a child less than 16 years of age, or any other person providing care to or supervision of such child, who inflicts physical injury, or who allows physical injury to be inflicted
caretaker
any person other than a parent, guardian or custodian who has responsibility for the health, and welfare of a juvenile in a residential setting
Reckless Driving
any person who drives any vehicle in reckless disregard for the safety of persons or property
Habitual violators
any person who has been arrested and convicted within 3 or more times within a 5 year period
16-5-73; punishments for meth manufacturing in presence of children
any person who intentionally causes or permits a child to be present where any person is manufacturing meth or possessing a chemical substance with the intent to manufacture meth shall be guilty of a FELONY 2-15 years when a child receives serious injury from the above, guilty of a FELONY 5-20 years
contributing to delinquency
any person who is at least 16 years old who knowingly or willfully causes, encourages, or aids and juvenile to commit an act whereby the juvenile could be adjudicated delinquent, undisciplined, abused, neglected is guilty
Hearing Impaired Person
any person whose hearing is totally impaired or hose hearing is so seriously impaired as to prohibit the person from understanding oral communications when spoken
Definition of a civil dispute
any problem involving two parties where no crime has occurred
OCGA 17-5-26 When Warrant may be executed
any reasonable time; varies from case to case
Exemption from expired license
any service member whose GA driver's license expired while such service member was serving outside the state shall be permitted to operate a motor vehicle in accordance w/ such expired license for a period of 6 months from the date of their discharge
What did Brown v. State (1988) affirm?
any stop of a MOVING vehicle has been treated as a DETENTION, and an officer generally has no authority to make a stop of a vehicle UNLESS he has at LEAST a reasonable suspicion
What is an informer?
anyone who gives information to a police officer
Hearsay
anything that a witness didn't see or generate themselves
What does the US Supreme Court say in regards to open fields?
applies to all land outside the curtilage regardless of how remote the land is and regardless of efforts of the property owner to keep others out
Per Se DUI
applies when a person is found to have a BAC at or above the prohibited level (.08)
What can the officer do if he has probable cause to search the vehicle after arrest?
apply for a search warrant
Maximum/Threshold braking
applying enough brake pressure to reach the point just before locks
Executive director of Post
appoint by POST council responsible for planning, organizing, and directing the administration of statewide program
what is the most critical time on a domestic violence call?
approach and entry
Court counselor may divert juvenile to?
appropriate public/private resource, restitution program, community service, victim/offender mediation, regimented physical training counseling, teen court program
terrorist operations
are often large-scale
What is a Nation in regards to a gang?
are organizations comprised of different gangs. The People's Nation and the Folks Nation are the two major gang nations in the United States
What is the area within the immediate control of an arrestee defined as?
area at the time of arrest, not the time of the search
Intersection
area embraced within the prolongation or connection of the lateral curb lines
What constitutes as curtilage on a person's property?
area surrounding and associated with a home; occupied by a dwelling and its yard and outbuildings (frequently visited)
it takes probable cause to?
arrest
What do you need to ask a person for their ID?
articulable reasonable suspicion
it only takes what to stop someone
articulable suspicion
What is progression in a training program?
as fitness level increases, must increase overload
City of Pooler v Edenfield
as the second pursing officer followed at a distance of 1/4 mile or more, the officer's actions were not the proximate cause of the accident
What are effective communication techniques?
asking for clarification, repeating back phrases, and watching the speaker for non-verbal cues
where should you park your car on a domestic violence call?
at least one house away
What is a photo lineup?
at least six pictures of persons of same age/race/characteristics shown to the victim/witness
when can the search incident to arrest take place?
at the time of arrest and again at the jail for inventory
what is the antidote for exposure to chemical agents?
atrophine (itself a poison)
Parts of mental conditioning
attitude, belief system, duty, honor, integrity/commitment, emotions
OCGA 40-1-1
authorized emergency vehicle belonging to a public utility corporation or operated by the DOT and designated as an emergency vehicle by the DPS; motor vehicle belonging to a fire dept; certified private vehicle belonging to a fire fighter; an ambulance
What did Terry v. Ohio (1968) affirm?
authorized the stop and frisk of an individual based on reasonable suspicion, a standard not amounting to probable cause, but requiring some degree of protection under the 4th amendment
Railroad Police
authorized to employ officers who have full police powers throughout the State when investigating offenses committed on railroad property
What did Carroll v. US affirm?
automobile exception to the search warrant (still needs probable cause)
the heightened awareness stress what system in the body?
autonomic nervous system
Investigations Unit of Department of Juvenile Justice
available 24 hours a day for wanted juveniles
What are cover/concealment tactics?
awareness, seeking cover, changing cover, firing from cover
What is the goal of the suspension system?
balance the vehicle through changes in speed or direction
what questions are allowed during Voir Dire
basically anything -race, religion, political beliefs, if there mind is already made up
Tint on the windshield must...
be no longer that 6"
If a private citizen makes an arrest, where must they take the arrestee? (OCGA 17-4-61)
before a judge or a peace officer
improve verbal communications skills by
being a good listen
officers should avoid what with arrestees of opposite sex when possible?
being alone with them
What is ethnocentrism?
belief in the inherent superiority of one's own ethnic group or culture; causes conflict
Militant muslims
believe the greatest threat to Islam from the west was technology that fostered sin and depravity -they want to defeat this perceived attack on the faith
What is the standard of proof for a criminal conviction?
beyond a reasonable doubt
what type of terrorism has thus far been limited to very few cases?
biological terrorism
decontamination
bleach is still most effective cleanup of contamination use a 1:10 solution- 1 part bleach to 9 part water anything that can not be sanitizer it is best to throw it away and get a new one (ex: any leather gear that you can't get wet and leather gear will absorb blood)
What are different types of protective equipment?
body armor, holsters, batons, taser, and chemical agents
What is statutory law?
body of law created by acts of the legislature; subordinate to Constitutional law
Drug Investigations use these two techniques
both overt and covert techniques. Covert techniques include undercover operations. Overt techniques include the execution of warrants and arrests made by uniformed officers
Defining scope in relation to a search warrant
boundary or limits imposed by the size and nature of the items named in the search warrant Example: cannot search a jewelry box for an AR-15
What is one of the worst consequences of heat due to excessive or hard braking?
brake fade
What is an integral part of vehicle control?
brakes
Shadowing skid marks
brakes have not fully locked, but speed reduction is there and ABS is is occurring
What are acts of commission-administration?
breaking rules and policies that the officer perceives as unfair, offensive, or oppressive
Define a tier two - brief seizure
brief seizures must be supported by articulable reasonable suspicion (ARS) **has to be more than a hunch
What is the scope of the search based on PC on a vehicle?
bumper to bumper
What 4 offenses do businesses deal with mostly?
burglary, fraud, robbery, and shoplifting
How are felonies indicted?
by a grand jury
16-8-5; theft of services
by deception and with the intent to avoid payment, he knowingly obtains services, accommodations, entertainment or the use of the personal property which is available only for compensation
What is perception driven by?
by physiological and psychological demands
radar
by trasmitting a high-frequency radio wave and bouncing the signal off a moving target, the radar instrument is able to convert electronically a shift in a signal's frequency into a mile per hour display
officers should attempt to ?
calm emotional motorists before allowing them to resume driving
survivor orientation
can control their personal life
What happens in regards to searching when the arrestee is under control of the officer?
can no longer search, there is no longer an issue of officer safety or evidence being destroyed
What happens when one action constitutes for multiple crimes?
cannot be convicted if the other crimes are lesser included of the other crime
Operation of radio, etc
cannot be plainly audible at a distance of 100 feet or more from a motor vehicle!
Bus
carry 10 plus passengers and used for transportation for compensation
Acquired Immune Deficiency Syndrome (AIDS)
caused by HIV; it is the most advance stage of HIV infection can damage any of the body's major organs because HIV destroys immune system cells
Skid Marks
caused by a tire that is not free to rotate
Skid marks
caused by tires that are not free to rotate locked as a result of braking or action by driver wheels suffered binding or becomes jammed as a result of collision
Injury is...
caused by transfer of energy to tissues
Friction between the tire and road surface must overcome ______ or loss of control will occur
centrifugal force
What did Illinois v. Gates affirm?
changed the standard from Aguilar & Spinelli to the totality of the circumstances; did not abandon the two prong test, but added to it
Heroin
chemically known as diacetylmorphine. The three primary geographic sources for the heroin used in the United States are the Middle East, Southeast Asia, and Mexico. It is usually found in a powder form extending from fine to lumpy granular in texture. The color may be white, off-white, brown, blue-white or tan depending upon its geographical origin. The brown heroin usually originates in Mexico and the white from European markets.
Punishment for child molestation
child molestation: 5-20 years Agg. child molestation: life imprisonment or split sentence of no less than 25 years imprisonment and life probation
2 types of MVC's
collision and non collision
Accident crash
collision of vehicle with another vehicle or an object in which a person is killed or injured or in which damage to property is done in excess of $500
Norteños or Norte 14
color red, the number 14, the letter N, and the Huelga bird (the symbol of the United Farm Workers' Association)
16-8-6; theft of lost or mislaid property
comes into control of property that he nows or learns to have been lost or mislaid and appropriates the property to his own use without first taking reasonable measures to restore the property to the owner
OCGA 17-5-23 Command of the Search Warrant
commands the officer directed to execute the search warrant
What type of crime is to be committed for a private citizen to execute a citizen's arrest? (OCGA 17-4-60)
committed in his presence/within his immediate knowledge; still must have reasonable and probable grounds of suspicion
Define a tier one - verbal encounter
communication between police and citizens involving no COERCION or DETENTION citizen is free to leave at any time and not required to talk to you
notify who of your location and vehicle description before exiting your vehicle
communication officer
counter-intelligence range of uses
community safety, combating terrorism, drug operations, community affairs, public information, operational deception, security operations, coordination with other agency, crime prevention
What is the standard for obscene material?
community standard to be determined by someone other than a police officer
Stopping
complete cessation from movement
What is an easy way to show intent?
completion of the crime
What is the advantage of darkness?
concealing weapon, position, and movement; allows to observe without being observed
Georgia Crime Lab
conducts test on submitted evidence, reports on the test results, and testifies in court as tot he results when needed
What was the outcome in Missouri v. Seibert?
confession and other evidence completely thrown out and Seibert walked due to this error
What information released could lead to criminal charges and/or civil litigation?
confidential information
the main obstacle to a successf traffic stop is what?
conflict
vans
considered the most dangerous vehicles you will stop interior is hidden look for rocking of the vehicle listen for sounds of unobserved doors opening while walking in crisis zone, place your hand against van to feel for movement use mirrors to see inside may want to use passenger side approach during the night consider having driver exit vehicle
nuclear weapons
considered to be low threat due to the difficulties in procuring nuclear material and expertise to construct a usable device 2 categories: clean -low radiation residue dirty- high radiation residue effects- long term and manifest into cancer basically limited to a defined area
16-4-1; criminal attempt
constitutes a substantial step toward the commission of a crime; cannot be convicted of criminal attempt and the crime
2 types of vehicular damage
contact and induced damage
Codeine
contained naturally in opium and was first isolated in 1832.5 It is generally manufactured in a lab from methyl morphine. It is not usually prescribed in pure form but is obtained in medicines such as Empirin Compound and Novahistine-DH. In small, regulated doses, for appropriate uses, its addiction danger level is minimal
What items will not be returned to a subject from the inventory?
contraband and stolen property
key to coping
control what you can control and release yourself from what you can not control
2 types of stops
controlled stop sudden/panic stops
Interview definition
conversation between a law enforcement officer and a person who has or is thought to have knowledge sought by the officer; generally cooperative
Interrogation definition
conversation between a law enforcement officer and a person who is suspected of committing a crime or of assisting others to commit a crime
an officer's tone of voice should be what?
conversational
Definition of communication
convey information or to get a point across
When taking measurements of a MVC, you should what?
coordinate and triangulate
What should the investigator do after receiving a confession?
corroborate those statements with evidence
symptoms of AIDs
coughing and shortness of breath, seizures and lack of coordination, difficult or painful swallowing, severe and persistent diarrhea, fever, vision loss, nausea, abdominal cramps, vomiting, weight loss, extreme fatigue, severe headaches with neck stiffness
thumbs hooked into the front of the belt and learning toward the driver, means?
could be understood as hostile and threatening
order for nonsecure custody entered by
court
What is purpose of transfer hearing?
court to determine whether the protection of the public and the needs of the juvenile will be best served by having case heard in superior court
What is the inevitable discovery exception?
courts will not suppress evidence that has been seized illegally if the government can establish that the evidence inevitably would have been discovered lawfully
Covering plate 40-2-6.1
covers license plate with plastic or other material, or with body, to prevent or impede the ability of surveillance equipment to clearly photograph the plate
Motor Vehicle Crash (MVC)
crash involving a motor vehicle in transport, does not involve an aircraft or watercraft, and does not include any harmful event involving a railway train in transport prior to involvement of a motor vehicle in transport ($500 or more in damage!)
What is administrative law?
created by administrative agencies in the form of rules, regulations, orders, and decisions to carry out regulatory powers and duties of such agencies Examples of admin law includes rules and regulations of the Georgia POST council or GCIC
Crime Victim Liaison aka Victim Witness Coordinator
created position by some agencies and tasked with the assisting victims through the complexities of the criminal justice system
A percentage of what collected by the courts is paid into the Peace officers annuity and benefit fund?
criminal or traffic fines and bond forfeitures
all response to terrorist attacks divided into 2 categories
crisis management (law enforcement investigation and prevention) and consequence management (emergency management functions after the event)
What type of an arrest does a search incident to arrest apply to?
custodial; NOT traffic citations
A idealistic recruit may become what type of veteran?
cynical veteran
Induced Damage
damage that is not the result of direct contact between two colliding bodies, but due to the transmission of contact force through the vehicle ex: crumpled dashboard due to the engine being pushed into the passenger compartment
Contact Damage
damage that is the result of a collision between two bodies- includes such damage as crumpled, distorted, and broken parts of the vehicle ex: crumpled fender, broken headlamp
major incidents have common factors
dangerous, dynamic (always changing), complex, confusing
Reactive policing definition
dealing with crime after it occurs; treating and rehabilitating criminals
Proactive policing definition
dealing with crime before it officers; structuring environment to prevent crimes
punishment for armed robbery
death or imprisonment for life or 1-10 years
punishment for rape
death, life imprisonment without parole, or by a split sentence of no less than 25 years and life on probation
tire imprints
debris which has been pulled onto the road by a vehicle (dirt, water, oil, sand, etc)
resolution
decide what action you will take decide how you will end the interaction
Thompson v Payne
decision to initiate or continue a pursuit may be negligent when the heightened risk of injury to third parties is unreasonable in relation to the interest in apprehending suspects
Determining venue for kidnapping
declared a continuous offense and venue may be in any county where the accused exercises dominion/control over the person of another
As your speed increases, the friction between the tires and the roads does what?
decrease
What do officers do to justify continuing their career?
deny negative aspects of their job
What indicates dysfunction in an officers life?
depression, isolation, and withdrawal from society and loved ones
Computerized anti lock braking system
designed to keep vehicles wheels rolling as the brakes are applied to assist the driver in achieving a controlled stop wheels keep rolling, allowing the driver to retain steering ability
What was the decision in Miranda v. Arizona?
detained criminal suspects, prior to police questioning, must be informed of their constitutional right to an attorney and against self-incrimination.
Key Event/Key Point
determines the time, place, and type of accident that will occur
What is the concept of diplomatic immunity?
diplomatic agents and members of their immediate families are immune from all criminal prosecution and most civil law suits
Different interrogation techniques/themes
direct accusation blame accomplice emotional overwhelming evidence
common methods of exposure
direct contact, indirect contact (contaminated surface), droplet contact (sneezes), airborne, fecal-oral (enter though contaminated food or water),vector-borne (ex: mosquitoes)
If the Department of Social Services receives report of abused juvenile in a daycare facility or home
director must notify department of heath and human resources and division of child development within 24 hours or next working day of receipt of report
Damage severity
disabling no damage functional
tuberculosis (TB)
disease that primarily affects the lungs -spread through the air when infected person sprays out droplets by coughing, speaking, or singing
Internal Revenue Service (IRS)
division of Treasury enforces all internal revenue laws except dealing with firearms, explosives, alcohol, and tobacco mission to encourage and achieve the highest possible degree of voluntary compliance with the tax laws investigate criminal and civil violations of Internal revenue laws in past been helpful in breaking up organized crime activities
Private security guards
do not have full police powers
What is angular search or "slicing the pie"?
do this from cover; don't hug the cover
FBI categorizes terrorism in US as either
domestic (conducted in the US without any foreign direction or involvement) or international (occurs outside the US or crossed national boundaries)
What should you do to the handcuffs to minimize risk of injury to the subject?
double lock
Following too closely
driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent (discretion left to officer) having due regard for the speed of such vehicles and the traffic upon and the condition of the highway
Duty to make immediate reports of accidents
driver of a vehicle involved in an accident resulting in injury to or death of another person or property damage to an apparent extend of $500 or more than immediately give notice of such accident to the local police department, sheriffs, or state patrol
Limitations on backing
driver shall not back unless such movement can be made w/ safety and w/o interfering other traffic -not back upon any shoulder or roadway
Ways you can experience loss of control of a motor vehicle
driving too fast for conditions, inappropriate braking, changing directions to abruptly, entering curve too fast
Schedule I
drugs have the highest potential for abuse and no current medical use in the United States
What are controlled substances?
drugs, substances, or immediate precursors in Schedules I through V of the O.C.G.A. and 21 C.F.R. Part 1308
evidence seized illegally violated what clause of what amendment?
due process of the 14th amendment, or some provision of the Bill of Rights
Besides making sure you are responding to a "true emergency", you must pay _______ to the safety of others.
due regard
What must an officer have for being in emergency mode?
due regard for the safety of others
opportunities of exposure
during arrest, rendering aid to victims, evidence collection
Gravity
earth's pull on an object
What is critical for safe handling of an emergency vehicle?
effective use of weight distribution
When combat loading a shotgun, where should the ammo be loaded into?
ejection port
most officer-citizens contacts occur in an?
emotional climate
Selective enforcement should never be what?
enforcement quotas or exploitation of hot spots
Forest Service, US Department of Agriculture
enforces federal regulations on national forest lands protection of natural resources establishes cooperative agreements with those county sheriffs and police departments whose jurisdiction include national forest land agreements emphasize local responsibility for criminal law enforcement in return for the required additional activity
16-6-22; incest
engages in sexual intercourse or sodomy, with a person whom he or she knows he or she is related to either by blood or by marriage as follows: (1) father and child/stepchild (2) mother and child/stepchild (3) siblings of whole blood or half blood (4) grandparent and grandchild of whole blood or half blood (5) aunt and niece or nephew of whole blood or half blood (6) uncle and niece or nephew of whole blood or half blood
16-6-3; statutory rape
engages in sexual intercourse with any person under the age of 16 years and not his or her spouse, provided that no conviction shall be had for this offense on the unsupported testimony of the victim. CONSENT not an element
Racketeering
engaging in more than one incident of racketeering which incorporates acts or threats involving homicide, bribery, burglary, arson, prostitution, gambling, theft and dealing in narcotics or dangerous drugs, among a number of other offensive acts
What is the purpose of giving legislature the privilege from arrest?
ensures they can do their job without reprimand from law enforcement who may not agree with their decisions
victims of sexual assault
entitled to forensic medical examination at no cost to them or insurance and is charged directly to GA Crime Victims' Compensation Program
The Preliminary Breath test primarily accomplishes what?
establish PC for an arrest
incident command requires
establishing objectives, setting priorities, and assigning resources
What did Wong Sun v. US (1963) affirm?
even though Wong Sun was unlawfully arrested by the DEA, Wong Sun returned on his own behalf days later to give a statement --> deemed separate from fruit of the poisonous tree and motion to suppress was denied
Even if evidence was obtained in violation of the 4th amendment, when are the courts not required to return property to the defendant?
even though the evidence was found unlawfully, if the evidence is contraband, it is not to be returned to the defendant
five mistakes an officer can make
every stop is approached in the same way, even if there is a good reason to suspect unusual risks (failure to use threat assessment) when there is no initial danger, there is failure to perceive new ad ominous information treating violators as if they are unarmed exhibit no curiosity about what may be in the car have low levels of awareness of ways that they can be harmed
Weight transfer
every time you accelerate, decelerate, or change the direction of the vehicle, the weight distribution of the vehicle shifts
Presumption of sound mind
everyone is presumed of sound mind and discretion, but the presumption may be rebutted and the burden of proof is then on the defense
What constitutes a party to the crime and what is the punishment?
everyone person concerned in the commission of a crime is a party thereto and may be charged with and convicted of commission of the crime
what is the exclusionary rule?
evidence illegally obtained will not be admissible in court
What did Mapp v. Ohio (1961) affirm?
evidence obtained in violation of the 4th amendment could NOT be admitted in a state court criminal proceeding, and establishing the exclusionary rule applies to EVERYONE
Objective evidence
evidence that you can examine and evaluate yourself. Not influenced by personal feelings, interpretation, or prejudice. (heard, smelled, touched, able to be described, counted...)
How to determine if the length of a traffic stop was reasonable?
examine whether the police diligently pursued a means of investigation that was likely to confirm or dispel their suspicions quickly
What are acts of commission-criminal?
examples: falsifying a report, perjury, stealing, destruction of evidence, etc.
What did Weeks v. United States (1914) affirm?
exclusionary rule at this time only applied to the actions of the federal government; before this decision the courts admitted illegally seized material as evidence to avoid allowing guilty parties to go free
symptoms of hypervigilance
exhaustion; abnormally increased arousal, a high responsiveness to stimuli, and a constant scanning of the environment for threats
What is the independent source exception?
existence of evidence which was not illegally seized and which in fact provided a basis for the discovery of the challenged evidence
what is the favorite weapon of terrorist?
explosives
undisciplined
extends to 16-17
domestic terrorism
extreme force and violence perpetrated by residents of a country, within that country, for the purpose of coercing its government and population into modifying its behavior
What does probable cause to seize refer to?
facts and circumstances that would lead a reasonable officer to believe that an item is contraband is stolen or constitutes evidence of a crime
What does probable cause to arrest refer to?
facts or circumstances that a particular person has committed a crime and that person may be ARRESTED for that crime
What does probable cause to search refer to?
facts or circumstances that make an officer believe that evidence of a crime is now in a particular location and that officer should be allowed to go and SEARCH for that evidence
Definition of probable cause
facts or circumstances that would make a reasonable or prudent person believe a crime is being or has been committed
If someone doesn't stop for a roadblock, what citation can be given?
failure to obey a traffic control device; officer is considered a traffic control device during a roadblock
Standard arrest booking report form is?
fairly self-explanatory, the information that must be entered: General Information- agency info, time of arrest, case #, etc. Personal Information- name, race, DOB, age, weight, SS, visible marks, etc. Charge Information- counts, statues Bond Information Disposition Information- sentence, time served, Fine paid, etc. Medical Information- record exact response for arrestee Release Data- Property Receipt
training for terrorism
familiarization with the threat, prevention through intelligence collection and investigation, tactical response, negotiations, hazardous material response, and incident command system
Your reaction to a skid must be what?
fast and accurate
Injury severity
fatal possible injury no injury
reasons victims do not report crimes to law enforcement officers
fear of retaliation and believing that the police could not or would not do anything about the crime
victims of human trafficking may also be able to receive compensation from?
federal government
4 types of regulations the operator of an emergency vehicle is governed by
federal law motor vehicle laws enacted by the state local ordinances departmental policies
POST certified instructors come from?
federal, state and local law enforcement agencies
Upon your third conviction making you a habitual violator, is that a felony or misdemeanor?
felony
How long do you have to report violations to POST?
fifteen days
semi trailers
find good location to stop allow patrol car to be offset more than normal and back from the rear of the semi more watch the side mirror as you approach, you should see the driver should shooting start, only cover is to dive under trailer entire length of trailer is crisis zone never stand in front of the driver's door or get into the rig
good preparations is to have what?
first aid kit handy and stocked with protective equipment and supplies * keep hand sanitizer in kit--**but this is not a replacement for washing just helps with can not wash hands right away
Homicide by Vehicle (2 degrees)
first and second degree
punishment for motor vehicle hijacking
first degree: 10-20 years second degree: 1-10 years
Camorra
first recognized in Naples, Italy as a prison gang, in the mid-1800s. Members, former prisoners, "formed clans in the cities and continued to grow in power."
how should you use artificial light?
flashlight techniques -two types of carry styles: chapman and harries
symptoms of HIV
flu-like symptoms, diarrhea, fatigue, fever, frequent vaginal yeast infections, headache, mouth sores including thrush (small white eruptions in mouth), stiff or aching muscles, rashes, sore throat, swollen lymph glands
During routine duties, officers are required to what?
follow the rules of the road just like any ordinary citizen
golden hour
for serious injuries, medical aid must be administered at the scene and the victim transported to medical facility within 1 hour of occurrence *this quick response gives the victim the greatest chance of survival
Centripetal force
force that makes the body of an object follow a curved path ex: going into a curve and gliding through it w/o accelerating
if the officer or a family member feels that an older driver needs to be evaluated for safety, they can complete and submit ?
form DDS-270 to the department of driver services
Which amendment covers an arrest?
fourth
What must occur for a stop and frisk to be lawful?
frisk if there is articulable reasonable suspicion for weapons
Should you focus on front or rear sights?
front
6 types of skids
front wheel braking skid rear wheel braking skid all wheel braking skid power skid spin out hydroplaning
Define tier three - arrest
full scale arrest, supported by PROBABLE CAUSE
Administrative hearing and certification division
function is to ensure compliance of qualifications and training requirements and to bring action against those not in compliance -processing of applications for certification and registration -process career development certifications -issuance of basic certification certificates -radar and speed device certifications -coordination hearings for Council relating to suspension, revocation, or other sanctions that could be impose against peace officer -processing specialty certifications -administration of required exams
objectives of terrorism
gaining recognition, coercion, intimidation, and provocation (government to overreact ex: Patriot Act)
chemical weapons
generally "toxic" poisonous and considered to be High threat, easily accessible to anyone effects- generally instantaneous and can be short term or long term generally limited to defined area
What to do when you skid
get off accelerator counter steer refrain form using brakes
immunizations
get vaccine for Hepatitis B and C and stay up to date with Tetanus vaccine (every 10 years)
How does training assist in lag time?
gives your brain something to draw from
protective barriers
gloves, mask, sharps container (for needles), eye protection, micro shield (for cpr), gown
cover for offciers separation of officer so there isn't single line of fire surveillance of the problem area and area of responsibility fields of fire that encompasses the vehicle and all suspects - without endangering innocent bystanders light control to your advantage maeuverability efficient arrest procedures perimeter control
good vehicle placement promotes this
Who does the exclusionary rule apply to?
government action; federal, state, county, and local officers alike
What is a search?
government intrusion into a place where a person has a reasonable expectation of privacy
When a juvenile is alleged to be abused, the court will appoint a ____ to specifically represent the interests of the juvenile
guardian ad litem
When are headlights required?
half hour after sunset to a half hour before sunrise and at any time when it is raining
2 types of steering
hand over hand shuffle
basic steps for suspicious package
handle with care, isolate, don't open, smell, or shake
Drug evidence must be
handled carefully, with the chain of custody being properly and carefully maintained.
Hydroplaning
happens when driving on wet roads tires riding on top of water width of tires also a factor- wider the tires the sooner hydroplaning begins
Efficient driver
has ability to complete trip w/ minimum effort and time
16-7-20; possession of tools for the commission of crime
has in his possession any tool, explosive, or other device commonly used in the commission of burglary, theft, or other crime with the intent to make use thereof in the commission of a crime
When conducting an effective interview, how can you control the environment?
have as few distractions as possible
How can you prevent hydroplaning?
having good tires with deep treads
16-8-4; theft by conversion
having lawfully obtained funds or other property of another including, but not limited to, leased or rented person property and knowingly converts the funds or property to his own use in violation of the agreement or legal obligation
victim orientation
having little control over professional life
16-11-37; terroristic threats and acts
he or she threatens to: -commit any crime of violence -release any hazardous substance -burn or damage property he or she acts: -burning or flaming cross with intent to terrorize another -shoots at or throws an object at a conveyance which is being operated or which is occupied by passengers -releases hazardous substance
the police have a responsibility to
help ensure the safe and efficient movement of vehicles transporting people and goods on publicly traveled highways
known risk
high risk stops should be thought of in this term
influenza (flu)
highly infectious respiratory disease
When do you most often see conscience stricken confessions?
highly publicized cased where people want to take the credit
Mandatory suspension of license
homicide by vehicle any felony in the commission in which a motor vehicle is used hit and run/ leaving scene of accident racing fleeing/eluding operating a motor vehicle w/ a revoked, canceled, or suspended registration
15 feet to the rear 3 feet offset
how to position you police car during a traffic stop
what must be done to complete booking process?
identity of the arrestee must be established by: Driver license or ID, prior arrest records etc.
What did Thornton v. US affirm?
if a person is a recent occupant of a vehicle, the vehicle may be searched incident to lawful arrest when it is reasonable to believe evidence relevant to the crime of arrest might be found in the vehicle
Doctrine of Comparative Negligence
if an action is brought against you, it becomes the jury's responsibility to determine the portion of the plaintiff's injuries that are attributable to his or her own negligence and what portion of his or her injuries are attributable to your negligence AKA- jury will determine what % of negligence (if any) can be attributed to either party
16-8-18; entering automobile
if any person challenger any automobile or other motor vehicle with the intent to commit a theft or felony
move over law SDCL 32-31-6.1
if driving on two lane highway, driver must slow to a speed that is at least twenty miles per hour less than the posted speed limit or five miles per hour when the speed limit is posted at twenty miles per hour or less and proceed with caution violation is a class 2 misdemeanor
When will slight movement not constitute the offense of kidnapping?
if incidental to another offense; -conceals or isolates victim -makes commission of the other offense substantially easier -lessens risk of detection -for the purpose of avoiding apprehension
Is physical discipline covered under the Georgia Family Violence Act?
if it is reasonable discipline of a child, it is covered under the civil statute
When may a warrantless search happen?
if the arrest is lawful
What is the purged taint OR attenuation exception?
if the evidence is to be introduced is so far REMOVED from the WRONG done by the cops, then it may be admissible
In Weeks v. United States, what did they say about the 4th amendment?
if the evidence obtained was admitted, it would reduce the 4th amendment to a form of words without the use of the exclusionary rule.
What did Illinois v. Rodriguez affirm?
if the officers reasonable believe that the person had authority to give consent to search, there was no fourth amendment violation
What would be an example of a failure of justice in which you would arrest without a warrant?
if there is a mitigating circumstance, such as potential to flee. The officer can get a verbal confirmation from judge, arrest the offender, and then get the actual paper warrant.
Exemption of registering vehicle in state for nonresidents/visitors
if they are current and valid in their state, they are exempt from registering their vehicle in GA
how does the person that you are attempting to arrest know what you are trying to do?
if you tell them what you are doing
point reflex zone target zone
if your approach or stance is in these two zones, you will be extremely easy to attack
Is an arrest without probable cause legal or illegal?
illegal
Operation of Radio, etc. from motor vehicle at level audible at distance of 100 feet or more is prohibited. 40-6-14
illegal except in cases of political purposes and in business cases misdemeanor
When does a show up occur?
immediately after a crime has been committed
what is the first thing that should be done when reaching the detention facility?
immediately frisk searched
Why have gangs started in the first place?
immigrant groups who banded together for protection because of a lack of responsiveness by law enforcement and because of language and cultural barriers to effective assimilation into American society
Where should a duplicate copy of a search warrant be left?
in a conspicuous place
No person shall drive or move on any highway any motor vehicle unless the equipment is what?
in good working order
an officer may not hold a driver's license for?
in lieu of bond
In regards to criminal homicide, how is venue determined?
in the county where the cause of death was inflicted; if a dead body is discovered in the state and cannot be determined where the cause of death was inflicted, venue is where the dead body was found
In regards to venue, where shall criminal actions be tried?
in the county where the crime was committed
high risk
in this type of stop, suspects re removed from the vehicle while you remain at a safe distance, at cover with side arm or shotgun in position
Horizontal Gaze Nystagmus
inability of the eyes to maintain a visual fixation as they turn to the side
Achieving higher levels of certification (advance levels) a Peace Officer may be eligible for?
incentive pay, increase chances of promotion, qualify for lateral transfer between law enforcement agencies
When are custodial searches done?
incident to arrest
Activities of Gangs
includes trafficking in illegal drugs and alcoholic beverages, illegal gambling, prostitution, loan-sharking, human trafficking, sexual exploitation of children, murder, kidnapping, arson, robbery, bribery, extortion, money laundering, and a number of other federal and state crimes
What is the difference in punishment for a misdemeanor and a misdemeanor of high and aggravated nature?
increase fines
If you fail to pay a UTC, how long will your suspension be?
indefinite until fees are paid and everything is settled in court
blood borne pathogens
infectious by means of blood or bodily fluid transfer
airborne pathogens
infectious by means of particles traveling through the air
What is hearsay?
information gained or acquired from another and not part of one's direct knowledge
counter-intelligence
information gathered and activities conducted to protect against espionage, other intelligence activities, sabotage, or assassinations conducted for or on behalf of foreign powers, organizations or persons or international terrorist activities, but not including personnel, physical, document or communications security programs
Statement definition
information received from a person during a police investigation is generally referred to as a statement
what is stale information?
information that is older than 5-10 days; reduces that the possibility that the item will be there when the warrant is served information has to be fresh and current
inhalation anthrax
inhaling the bacterial spores lead to rare, often fatal form that attacks the lungs and sometime spread to brain flu like symptoms that progress to bronchitis then into shock
2 types of severity in MCA's
injury and damage
The Department of Social Services receives complaint of petition for juvenile
intake counselors 15 days to make decision or leo has 5 days from decision date to appeal for nondivertible crimes
what is the first line of defense for law enforcement?
intelligence
16-8-14; theft by shoplifting
intent of appropriating merchandise to his or her own use without paying for the same or to deprive the owner of possession thereof or of the value thereof, in whole or in part, does any of the following: (1) conceals or takes possession of the goods/merchandise of any store or retail establishment (2) alters the price tag or other price marking on goods (3) transfers the foods or merchandise of any store or retail establishment from one container to another (4) interchanges the label or price tag from one item of merchandise with a label or price tag for another item of merchandise (5) wrongfully causes the amount paid to be less than the merchant's stated price
16-7-2; smash and grab burglary
intentionally and without authority enters retail establishment with the intent to commit a theft and causes damage in excess of $500 to such establishment without owner's consent **NOT during store hours
16-5-23.1; elements of battery
intentionally causes substantial physical harm or visible bodily harm to another
16-7-21; criminal trespass
intentionally damages any property of another without consent of that other person and the damage thereto is $500 or less OR knowingly and maliciously interferes with the possession or use of the property of another person without consent of that person Knowingly and without authority -enters upon the land or premises for an unlawful purpose -enters upon the land or premises after receiving notice that entry is forbidden -remains upon land or premises after being told to depart
16-6-22.1; sexual battery
intentionally makes physical contact with the intimate parts of the body of another person without the consent of that person
16-6-22.2; agg. sexual battery
intentionally penetrates with a foreign object the sexual organ or anus of another person without the consent of that person
Alcohol is directly absorbed where?
into the bloodstream -through stomach and small intestines
opening
introduce yourself and department explain the reason for your contact
Investigation Division of Post
investigates individual applicants, peace officers, and other employed in public safety who desire State certification bases on allegations of misconduct and agency audits to insure compliance with the law personnel assigned to division are deployed in 5 geographical areas of state
US Postal Inspection Service
investigative arm of the US Postal service responsible for protecting the mails and postal facilities from criminal attack, protecting American public from being victimized by fraudulent schemes where use of the mail is a essential part conducting internal audit program of Postal service
Nystagmus
involuntary jerking of the eyes
general adaptation syndrome (GAS)
is a "general alarm reaction" to external stimuli
hypervigilance
is an enhanced state of sensory sensitivity accompanied by an exaggerated intensity of behaviors whose purpose is to detect threats -is also accompanied by a state of increased anxiety which can cause exhaustion
nonverbal communication
is comprised of the messages our bodies send without us uttering a word
LEO role in the trial
is not to convince anyone of the guilt or innocence of the defendant, but rather to present testimony based on the facts known to the officer. These facts must be based on a fair, objective, and thorough investigation
Incident Commander
is predetermined and often local law enforcement official- chief or sheriff
intelligence
is simply information that has been organized, processed, and analyzed concerning a threat * CIA defines it as knowledge and foreknowledge of the world around us
License suspension for upon 3rd conviction
is suspended for a period of 5 years
Three questions must be answered to ensure a valid arrest for a violation of the Georgia Controlled Substances Act
is the substance controlled; is the substance scheduled; and, was evidence collected legally and properly?
Judges role in a trial
is to ensure procedural due process, not determine innocence or guilt. The jury is has the role of determining the facts of the case and applying the law, as charged by the judge, to the facts to determine a verdict.
long-range goal of enforcement
is to increase the level of voluntary compliance to traffic regulations
the primary purpose of traffic laws and traffic law enforcement
is to regulate traffic flow, reduce accidents and make streets and highways safer for drivers and pedestriants
In traffic enforcement , the officer has discretionary options to?
issue a verbal warning, a written warning, or a citation, and write a summons for a court appearance
What does a DUI test do to the persons focus?
it divides the focus
Is it lawful to resist an unlawful arrest and can you be charged with obstruction?
it is lawful to resist an unlawful arrest and you CANNOT be charged with obstruction
driver side approach advantages
it is tactically more secure from a weapon assault from inside the vehicle it gives the violator a restricted range of vision allows officer closer contact to the violator
If a crime is committed in more than one county, how is venue determined?
it shall be considered to have been committed in any county in which evidence shows beyond a reasonable doubt that it might have been committed there
What can breach of peace refer to?
it's vague, could mean DUI, speeding, etc.
Law Enforcement Support Personnel
jailer, communication officers, identification technicians, forensic specialists, photographers
if a crime is committed on water boundaries of two counties, how is venue determined?
jurisdiction of each county extends to the center of the main channel of the stream or body of water
situational based "trader" values are substituted allowing for what?
justification of negative behavior -he screwed me , I can screw him back
who gets secure custody for undisciplined juvenile?
juvenile court counselor
controlling the scene
keep crash from becoming worse Steps for proper handling - first aid - traffic control - additional assistance - evidence collection
How should you use natural light to your advantage?
keep it behind you
advantages of leaving violator in vehicle
keeps distance between the violator and the officer, thus decreasing the likelihood of a quick unexpected attack violator is not able to listen to communications between officer and dispatch
Homicide by vehicle 2nd degree
killing a person but not while DUI, passing a school bus, or fleeing or evading a LEO
Proof of minimum insurance
knowing it shows in database and have no proof on you- YOU ARE GOOD not having proof on you and not knowing if it is in the system or not- YOU SCREWED
16-10-24; obstruction of officers
knowingly and willfully obstructs or hinders any law enforcement officer, prison guard, jailer, correctional officer, community supervision officer, county of Department of Juvenile Justice probation officer, probation officer, or conservation ranger ^ or by offering or doing violence
book process is what stage of the arrest process of an individual?
last stage
Short lived Evidence
lasts for a few hours
Temporary evidence
lasts for a few minutes
who is the first line of defense for society?
law enforcement
Who is exempt from the operation of radio, sound making devices, etc?
law enforcement any emergency vehicle motor vehicles used for business or political purposes (ex: ice cream truck!)
What should you do when en route to a MVC?
learn and obtain info about crash develop "game plan"
Controlled-access highway
legal access points to and from a highway or roadway
Probable cause is the basis for a _______ _______ or a _______ _______.
legal search; legal arrest
Juveniles alleged to be delinquent must be?
less than 16
Juveniles alleged to be abused or neglected must be?
less than 18
abused or neglected
less than 18
If convicted of racing...
license will be suspended for 12 months
punishment for agg. sexual battery
life imprisonment or a split sentence of no less than 25 years and life on probation
What is the purpose of the Bill of Rights?
limit the power of the Federal Government and specifically enumerating those rights that belong specifically to the people
steps to follow to initiate a high risk stop
locate the stop to your advantage proper vehicle placement (farther back than usual) announce your purpose order the suspect out of the vehicle command the occupants to stay inside the vehicle maintain surveillance with shotgun or rifle trained on the suspect stabilize the situation until you have enough backup once additional help has arrived, the first step is to organize primary officer should start the process of talking the suspect out of the vehicle
Direction of tires can be determined by...
looking at soft materials
Skid
loss of traction between the surface of the tire and the surface of the roadway
Facts of the case in Weeks v. United States
lottery tickets and related documents were seized from Weeks's home without a search warrant
homeland security advisory system
low condition (green)- declared when there is low risk of terrorist attack guarded condition(blue)- declared when general risk elevated condition (yellow)- significant risk of attack high condition (orange)- High risk of terrorist attack severe condition (red)- severe risk of terrorist attack
What areas does an officer have the right to search incident to arrest, if that person was in a vehicle?
lunge area still applies; the arrestee and the passenger compartment of the vehicle
what is a coping mechanism of hypervigilance?
magic chair
Who may issue a search warrant?
magistrate, state, superior, probate, city, and juvenile judge
tactical reminder
make radio contact before stopping a vehicle if possible be cautious about what you say on the radio continuously monitor the actions of the occupants from the moment you decide to make the stop always think weapons control the environment of your stop, to the extent possible maintain distance you can reposition your patrol car
Preponderance of Evidence
makes something more likely than not needs to be 51%
16-9-20; deposit account fraud
makes, draws, utters, executes, or delivers an instrument for the payment of money on any bank or other depository in exchange for a present consideration or wages, knowing that it will not be honored by the drawee
16-7-26; vandalism to a place of worship
maliciously defaces or desecrates a church, synagogue, or other place of public religious worship
Tire Imprints
marks left on the pavement or ground by rolling, not skidding tires
Factors to be considered that have an important part in the amount of friction present:
materials on road surface (dry v wet) materials of the tire (quality of rubber) tire tread depth temperature (as heat rises, friction lessens) air pressure in tire
Peace Officer benefits
may be eligible to receive certain benefits from state or federal laws -Educational Grants for Children- if officer is killed or permanently disabled in line of duty -Federal Indemnification Program (aka Public Safety Officers' Benefit Act) - if officer is killed or permanently disabled in line of duty survivors of officers are eligible for $150,000 from OJARS -State Indemnification Program- if officer is killed or permanently disabled in line of duty- $75,000 -Peace officers annuity and benefit fund- serves as pension and disability fund must obtain membership in the fund
protective order
may continue in effect for as long as the court determines is necessary, but no longer than 3 years
notification
means a written notice when time permits or by telephone or other means if time doesn't permit
Velocity
measured in feet per second *rate of motion*
Mens Rea and Actus reus
mens rea - intent actus reus - act of crime
What is the survival triangle?
mental and physical conditioning, delivery, tactics
What are the three significant components of successful communication?
message intended, message sent, message received
What does feedback indicate in communication?
message received was the message intended
Punishment for criminal trespass
misdemeanor
Punishment for simple battery
misdemeanor
punishment for adultery
misdemeanor
punishment for battery
misdemeanor
punishment for prostitution
misdemeanor
punishment for public drunkenness
misdemeanor
punishment for public indecency
misdemeanor
punishment for simple assault
misdemeanor
punishment for wearing masks, hoods, etc
misdemeanor
punishment for sexual battery
misdemeanor or high and aggravated nature
punishment for solicitation of sodomy
misdemeanor, unless soliciting to someone under 18, felony 5-20 years
Driving while license suspended or revoked 40-5-121
misdemeanor- 2 days to 12 months $500-$1,000
punishment of stalking
misdemeanor; second offense felony 1-10 years
What can you do to harden a target?
more lighting, locks, and unpredictable personal habits
______ of a lawful search incident to arrest is irrelevant
motivation
what is the leading cause of injury related death for elderly driver
motor vehicle injuries
school bus
motor vehicle used to transport children to and from school and school activities or to and from church and church activities.
how to cope?
move from a victim orientation to a survivor orientation
advantages to having violator come into patrol car
move violator from their environment easier to document the stop with audio/video ease of issuing citations, conducting interviews and detecting other violation there will be no need for a second approach to the violators vehicle to return DL and papers
When getting sight alignment, should you move weapon or your eye?
move weapon up to eye sight
Vehicle in Motion
moving/equipment violations unusual operation
What does reversibility mean in regards to physical fitness?
muscles will begin to decondition after 96 hours of not using them
Professional driver
must be able to see objects and situations in and around their intended path of travel must be able to interpret those situations and determine the nature and seriousness of the hazards
OCGA 17-5-25 Execution of Search Warrant
must be executed within ten days from the time of issuance
If secured custody is ordered, the case ____
must be reviewed every 10 days until secure custody is no longer required
Change of address or name 40-5-33
must change his or her license within 60 days
OCGA 17-5-21 Grounds for a Search Warrant
must describe the place or person to be searches and things to be seized
What is overload in a training program?
must exceed your day-to-day activities
Ethical requirement of officers in regards to laws, statutes, regulations, orders, and codes
must observe all of them
In-service training for active peace officers
must successfully complete 20 hours of in-service training annually or will lose power to arrest - courses are usually short duration of 3 to 4 hours and taught several times a month at various academy locations
OCGA 17-5-2 Inventory of Things Seized
must take an inventory of everything seized in a search without a warrant and a copy should be given to the person arrested, as well as to the judicial officer. If the person is released without charges pressed, items will be returned to the subject.
All petitions must contain?
name, birthday, physical address of juvenile and authority; last known name, address and phone of parent, custodian, guardian
Law enforcement officer at scene of accident to instruct drivers to provide certain info to other parties
name/address tag number insurance
Five categories of controlled substances
narcotics, stimulants, depressants, hallucinogens, and marijuana
What is the most common cause of firearm accidents?
negligence
symptoms of chemical weapons
nerve agents-pinpoint pupils, runny noses, difficulty breathing, and seizures and convulsions more common chemicals- uncontrollable sneezing, coughing, nausea, vomiting
Can 2 vehicles travel side by side at the same time while in adjacent lanes?
no
Can a roadblock be done for the purpose of detecting general wrongdoing?
no
Does an officer have to live in the jurisdiction that he is serving a warrant? (OCGA 17-4-25)
no
If a person successfully resists arrest, has a seizure occurred?
no
If an officer is given a warrant, does the officer have the discretion to execute it or not? (OCGA 17-4-24)
no
Is a search warrant required to search open fields?
no
Is a warrant or probable cause required for a protective sweep?
no
Is impossibility of a crime a defense?
no
is it uncommon for peace officers to respond to suspicious packages?
no
Riding in house trailers
no driver of a motor vehicle shall allow a person or persons to occupy a house trailer while it is being towed by a motor vehicle upon a public highway
Obstructing an intersection
no driver shall enter an intersection unless there is sufficient space on the other side of the intersection w/o obstructing the passing of other vehicles -AKA do not go into intersection until you can safely go through w/o stopping or yielding
law enforcement agency must initiate and coordinate a criminal investigation
no later than 48 hours of receipt from Department of Social Servies
how long do temporary restraining orders last?
no later then 10 days from issuance * court may extend time if have good cause or as agreed upon by the adverse party
Clinging to vehicles
no person riding upon any bicycle, coaster, roller skates, sled, or toy vehicle shall attach the same or themselves to any vehicle upon a roadway
Permitting unlicensed person to drive
no person shall KNOWINGLY authorize a motor vehicle owned by him be driven upon any highway by any person who is not authorized under this chapter or who is not licensed for the type or class of vehicles to be driven or in violation of any of the provisions in this chapter
Permitting unauthorized minor to drive
no person shall cause or knowingly permit his child or ward under the age of 18 to drive a motor vehicle upon any highway when such minor is not authorized -shall not apply to any vehicle not required to be registered
Minimum speed regulations (slow-poke law)
no person shall drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic
Obstruction of driver's view or control
no person shall drive a vehicle when it is so loaded as to obstruct the view of the driver to the front or sides no passenger shall interfere with the drivers control of the vehicle
Obedience to authorized persons directing traffic
no person shall fail/refuse to comply w/ any any lawful order of any LEO, firefighter, police volunteer, school crossing guard
Opening/Closing vehicle doors
no person shall open the door of a motor vehicle on the side available to moving traffic unless and until it is reasonably safe and can be done w/o interfering the movement of other traffic -cannot keep door open on side of traffic for longer than what is necessary to load/unload passengers
How much time between act and death to be homicide?
no time limit
Crossing fire hose
no vehicle shall be driven over any unprotected fire-hose w/o consent
punishment for obstruction of officers
no violence: misdemeanor violence: 1-5 years
If there isn't a law, is that action a crime?
no, according to 16-1-4
When receiving consent for search, does the officer have to tell the person of their right to refuse search?
no, but they should
Is an officer liable if the citizen's arrest holds no merrit?
no, they cannot be charged with false arrest or false imprisonment
Were the documents admissible in court in Weeks v. United States after the appeal?
no, they fell under the exclusionary rule and the decision was overturned.
Is there a requirement to publicize when the roadblock will be taking place?
no; but it helps put the public on notice and reduces anxiety of motorists
Can you apply for a general search warrant?
no; has to be specific or it is deemed unconstitutional
Is aerial observation subject to 4th amendment protection?
no; what a person knowingly exposes to the public, even in his own home or office, isn't subject to protection from 4th amendment
What type of an arrest is the issuance of a traffic citation (OCGA 17-4-23)?
non-custodial
What is more important: verbal or non-verbal communication?
non-verbal
Statute of limitations: conviction established by DNA
none
Statute of limitations: murder
none
how long does it take to recovery from the on/off hypervigilant state?
normally takes 18 to 24 hours
Window tint
not less than 32% (plus or minus 3)
when must summons and petition be personally served?
not less than 5 days before hearing
Punishment for criminal attempt of a felony not punished by life imprisonment or death
not less than one year no more than 1/2 the max
how often is inevitable discovery exception used in trials?
not often
Too fast for conditions
not person shall drive a vehicle at a speed greater than is reasonable and prudent under the conditions
Crime Victims' Bill of rights
notifications that must be made to the victim- accused's been arrest, release from custody (whether on bond or other means), any judicial proceeding at which release of the accused may be considered, and separation of the victim from the accused or the accused's family and friends during any court proceedings, file written objection to any parole proceeding Also allows judges to restrict the release of the victim's address, telephone number or place of employment to the defendant -can request compensation from state to cover certain loses as result of being victim of crime
What should an officer do when serving a warrant in another jurisdiction that is not his own?
notify that agency
weapons of mass destruction (WMD)
nuclear, chemical, and biological
16-8-3; theft by deception
obtains property by any deceitful means or artful practice with the intention of depriving the owner of the property
Wilson v City of Atlanta
officer had balanced the risk and did not violate due regard for the safety of the driving public
What did Arizona v. Gant affirm?
officer may search when reasonable to believe evidence relevant to the crime of arrest might be found in the vehicle
Mixon v City of Warner Robins
officer must balance the importance of apprehension of a suspect against the threat of harm to the public's safety when initiating or continuing a pursuit
disadvantages of leaving violator in vehicle
officer must make second approach access to weapons may be in the vehicle ability to leave the scene causing pursuit investigation capabilities are decreased, and there is no way to document/record the subject's action or responses increased ability for violators to formulate a plan for resistance
What is the purpose of a protective sweep?
officer safety from unseen third parties
What did Chimel v. California (1969) confirm?
officers can ONLY search the person and immediate area surrounding the person; any more than that needs a search warrant
What did Cox v. State affirm?
officers do not have to obtain a prior judicial approval to listen to conversations from a hall outside of an apartment or to place the naked ear next to the door to the apartment
where did we get our justice system
old England
Effective procedures for collecting and maintaining field notes
old notes may be removed and filed; fresh paper can be added
are things the same as I thought when I started this stop
once the officer is proceeding with the stop, ask this eighth question
Selective enforcement
one additional tool used by law enforcement to reduce conflict and make tafffic enforcement more effective
limited control can also lead to ?
one to acquire an entitlement mindset that is justified by a feeling of being "screwed" by the powers-that-be
Safe driver
one who can complete the trip w/o crashing
Proactive driver
one who uses superior knowledge such as Newton's Laws to avoid situations that requires superior skill
Who may apply for a search warrant?
only a certified peace officer in the course of official duty may apply
What is criteria for nonsecure custody?
only made when there is reasonable factual basis to believe the matters alleged in petition are true and -juvenile is a runaway and consents to nonsecure custody -juvenile meets one or more of criteria for secure custody
Any notification however must be made to who?
only to the actual victim
When shall a vehicle perform above movements?
only when making use of a audible signal and use of a flashing or revolving red or blue light from a distance of 500 ft
Aggressive driving
operates any motor vehicle with INTENT to annoy, harass, molest, intimidate, injure, or obstruct another person
What are most crimes defined as?
opportunistic
Badgering
opposing counsel uses a harassing tone and manner and hopes that everyone in the courtroom can be convinced, that the officer, his or her department, and everyone associated with investigating and prosecuting the case is not credible.
who deals with stress better?
optimists
What is a command (in regards to a warrant)?
order of a court
Other than what the officer sees when obtaining his probable cause, what else can he use?
other senses (NOT taste) hearing, smell, and touch
What did Maryland v. Buie affirm?
outlined the procedure for a protective sweep
O. C. G. A. §16-15-2 Street Gang Terrorism and Prevention Act
outlines the General Assembly's legislative intent to eradicate criminal activity
When at the scene on a domestic violence call, where should you talk to subjects?
outside of house, have them come to you
symptom of rabies
pain and burning around bite other symptoms include sore throat, low grade fever, headache, loss of appetite, nausea and vomiting, muscle spasms, drool thick saliva, agitated and combative, increase mental confusion * death usually occurs 3 to 20 days after symptoms developed recovery is rare
Militias
paramilitary civilian forces taking their authority from the 2nd Amendment meaning militia is civilian force approved by constitution to protect people against an oppressive government and is the reason for the 2nd amendment approximately 40,000 militia participants in US
What are examples of neglect?
parents impaired by drugs or alcohol and no responsible person arranged to supervise, living conditions are poor, lack of heat, etc
Federal Protection and Safety Division
part of General Service Administration mission is the protection of federally owned and leased buildings, their occupants, and their patrons
Which of the three will get you the most points? Speeding passing a bus or laying drag
passing a bus
What is a neutral independent administrator?
peace officer who administers the lineup, but does not know which person in the lineup is the suspect; aka Blind Administrator
What does speaking clearly and directly accomplish?
people more likely to listen and lets them know you are sincere
3 elements of stopping
perception and reaction weather and roadway stopping distance
16-6-7; necrophilia
performs any sexual act with a dead human body involving the sex organs of the one and the mouth anus, penis, or vagina of the other
16-6-9; prostitution
performs or offers or consents to perform a sexual act, including but not limited to sexual intercourse or sodomy, for money or other items of value
16-6-6; bestiality
performs or submits to any sexual act with an animal involving the sex organs of the one and the mouth, anus, penis, or vagina of the other
16-6-8; public indecency
performs the following acts in a public place: (1) an act of sexual intercourse (2) a lewd exposure of sexual organs (3) a lewd appearance in a state of partial or complete nudity; or (4) a lewd caress or indecent fondling of the bod of another person
hepatitis B (HBV)
persistent infection leads to lifelong liver disease spread primarily through blood, semen, other bodily fluids can survive outside the body for at least 7 days
Example of transferred intent
person A intended to shoot person B. Person A missed and hit person C. There is still intent, kist transferred. Murder for person C, aggravated assault for person B.
What is the scope of a search incident to arrest?
person arrested and the area into which an arrestee might reach in order to grab a weapon/destroy evidence (lunge area, wingspan, immediate area, etc.)
Deadly Force OCGA 16-3-21: Use of force in defense of Self or Others
person is justified in using or threatening force against another when he/she reasonably believes that such force is necessary to prevent death or great bodily harm of self or others or to prevent forcible felony
operating motor vehicle without registration or valid license plate 40-2-8
person must register the vehicle within 30 days -misdemeanor; fine of $100 for each violation
16-5-101; cruelty to a person who is 65 years of age or older
person supervising the welfare of or having immediate charge control, or custody of a disabled adult, elder person, or resident commits the offense of neglect to a disabled adult, elder person, or resident when the person willfully deprives a disabled adult, elder person, or resident of health care, shelter, or necessary sustenance to the extent that the health or well0being of such person jeopardized
Operator
person who drives or is in actual physical of a motor vehicle
Driver
person who drives or is in control of a vehicle
______ means close constant supervision by law enforcement officer who took child into temporary custody
personal care and supervision
what do you need to do to get a secure custody order for delinquent?
petition and report
Example of actual seizure
physically detaining a suspect
magic chair
physically exhausted officers "crash" upon returning home and withdrawal into themselves to the exclusion of family, loved ones, and friends
When Power lines are down...
place out cones or flares out 100 feet back
When an officer obtains probable cause for arrest, what is the requirement in regards to where and what the officer is doing?
place where the officer has to be lawful and the manner in which he observed it has to be lawful
disadvantages of having the violator come into the patrol car
places the officer in close proximity to the violator violator has the opportunity to listen to radio traffic having to listen to violators verbal abuse
What did Arizona v. Gant (2009) affirm?
police are only able to search the following: arrestee and the immediate area (passenger compartment of the vehicle)
What did Hudson v. Michigan (2006) affirm?
police must have a reasonable suspicion under the particular circumstances that one of the grounds for failing to knock and announce their presence before executing a search warrant exists
What did Illinois v. McArthur affirm?
police officer's refusal to allow defendant to enter residence without a police officer until a search warrant was obtained was a "reasonable seizure" that did not violate the fourth amendment
terrorist targets
population centers (to increase the casualty rate) and symbolic targets ex: attacks on New York or Washington DC
Hand over Hand steering
position your hands on opposite sides of the steering wheel and as you turn you must let go with one hand and cross over your other hand
Shuffle steering
postion at 9-3 hands should never cross the 12 or 6 both hands stay in contact with wheel
mom and pop militias
prepare for disasters and not really involved in crime represent largest portion of militias in US
What is the standard of proof for a civil case?
preponderance of evidence
Tips for trigger control
press, don't squeeze; each shot should be a surprise
What privilege does the militia hold when in attendance of drills, parades, meetings, encampments, elections, and going to/from their duties? (OCGA 17-4-2)
privilege from arrest
What privileges do legislature members hold?
privilege from arrest in exception to committing treason, felony, or breach of peace
Standard of proof required for a search warrant
probable cause
Flashing yellow signals
proceed w/ caution
symptoms of TB
productive cough lastly more than 3 weeks, unexplained fever, night sweats, unintentional weight loss, loss of appetite, lethargy, coughing up blood or blood streaked sputum (mucus)
officers have limited control over what?
professional careers -bosses, politicians, laws, regulations, etc. diminish perception of control
What kind of drivers to emergency vehicle operators strive to be?
professional drivers
symptoms of MRSA
progress rapidly within 24-48 hours and within 72 hours can take hold in human tissue and become resistant to treatment starts as small red bumps like pimples
How are gifts, gratuities, etc. handled by officers?
prohibited; do not accept
US Attorney
prosecutors in Federal District Courts
what would one use to protect oneself from blood borne pathogens?
protective gear like latex gloves to protect themselves from contact with blood or bodily fluids
What must the agency do anytime a hearing-impaired person is a party to a hearing?
provide a court qualified interpreter
accident records should assist enforcement efforts by
providing data that identifies high-accident locations and areas, time that accidents occur, and causes
Punishment for conspiracy to commit a crime - misdemeanor
punished as misdemeanor
methods to ascertin the violator's speed
radar, VASCAR, pacing, LIDAR,
What must you do while reading the Implied Consent Law?
read it in it's entirety
What is needed if the officers want to widen the scope of their protective sweep?
reasonable suspicion
What types of search and seizures ARE allowed?
reasonable; 4th amendment only protects from UNreasonable search and seizures
16-8-7; theft by receiving stolen property
receives, disposes of, or retains stolen property which he knows or should know was stolen unless the property is received, disposed of, or retained with the intent to restore it to the owner *for conviction, not necessary to have a conviction of principal thief
punishment for reckless conduct; HIV infected persons
reckless conduct: misdemeanor HIV infected persons: 1-10 years
What does attenuation mean?
reduced or weakened, as in strength, value, or virulence
Point of No Escape
refers to the place and time after which a given individual cannot avoid or prevent an impending accident
Point of Disengagement
refers to the point at which the objects or units involved in the collision start to separate from one another, and the initial force exerted between them ceases
BAC
reflection of grams of alcohol found in 100 milliliters of blood
Crash management
render first aid establish a safe passage for other cars gather and document facts take warranted enforcement (ticket or arrest) normalize the roadway
What are the primary tasks carried out by the patrol officer at an accident scene?
rendering first aid as necessary, gathering and documenting facts surrounding the accident, and establishing safe passage for roadway traffic
Sudden/panic stops
require controlled braking and a steering maneuver
Rolling friction
required to maintain control of vehicle -vehicle will steer only w/ rolling friction b/c if the front wheels are not rotating it is impossible to steer vehicle
What is the stop and identify statute in GA?
required to produce identification
Implied Consent Law
requires persons believed to be driving under the influence of alcoholic beverage and/or drugs submit to chemical tests to determine the alcohol or drug content of their blood or breth
What did Hiibel v. Nevada (2004) affirm?
requires suspects to identify themselves during police investigations; not a violation of fourth or fifth amendment
Less Safe DUI
requires the officer to show that the driver was less safe than a driver who is not under the influence, even if the BAC is below prohibited level
what constitutes as exigent circumstances?
requiring immediate action or remedy; urgent
Objects moving in a direction have a natural tendency to do what?
resist change
Incident Command System
response to disasters requires a unified management system that applies common business practices to incident response *enables you to take control of the situation
Who is responsible for issuing out punishment?
responsibility of the court, not the law enforcement officer
Immigration and Naturalization
responsible for administering the immigration and naturalization laws relating to admission, exclusion, deportation, and naturalization of aliens inspects aliens to determine admissibility to the US, guards against illegal entry, investigates, apprehends and removes aliens in country in violation examine applications wishing to become citizens
Training Standards Division of Post
responsible for the functions related to development , evaluation, and management of peace officer training: -curriculum development/maintenance -examination development and validation -20 hour training waiver requests -performing quality control functions on basic and advanced-level training -processing academy certification and instructor certification -processing academy director certification -course equivalency ratings for approval/disapproval -technical assistance to training academies -processing and evaluating new course requests
What does Georgia's Supreme Court say about the good faith exception?
rests not on a constitutional right; rests on the statute passed by the legislature and we simply hold that the courts are bound by that statute Burden on proving lawfulness of a warrant IS on the state; not solely on the judge
Power skid
result of accelerating too fast for the road conditions commonly known as 'fishtailing'
Emergency Peace Officer
retains the power and authority of peace officer only for the duration of the emergency or disaster
Tenth Amendment
retains the rights to the States or to the people; allows states to add laws
Right of way
right of one vehicle or pedestrian to proceed in a lawful manner
Brief summary of fourth amendment
right of people to be secure in their persons, houses, papers, and effects
Seventh Amendment
right to trial by jury in civil cases
laned roadway
roadway which is divided into two or more clearly marked lanes for vehicular traffic
Example of constructive seizure
saying, "STOP, POLICE!" and the suspect stopping
Headlights and communication equipment
school bus transporting children- must be on at all times school bus must have one or more devices of communication between driver and school/public officials
Get the big picture
see everything related to your total traffic picture avoid fixed staring
Personal Contact
see, smell, hear driver's ability to get out of car, walk, attitude. flushed/pale face
Definition of arrest
seize by legal authority and take into custody.
What type of doctrine is plain view?
seizure doctrine, NOT search
during the initinal conversation with the driver, the officer should not attempt to make the driver happy by?
selling a traffic citation
if arrestee is an juvenile under GA law arrestee must be what?
separated by "sight, sound, and touch" from adult arrestee
Felony child abuse
serious bodily injury- creates substantial risk of death or cause permanent damage serious physical injury- causes great pain and suffering
meningitis
serious inflammation of the meninges which is the thin membranous covering of the brain and spinal cord most commonly caused by infection by bacteria, virus, or fungi *most difficult to treat is bacteria meningitis * it is very dangerous infection because once brain cell are killed will not regenerate themselves majority are spread by blood borne pathogens
________ conduct behavior, or inaction of the juvenile's parents, guardian, custodian, or caretaker that evidences a disregard of consequences of such magnitude that the conduct, behavior, or inaction constitutes an unequivocal danger to juvenile's health, welfare, or safety but does not constitute abuse
serious neglect
Human Immunodeficiency Virus (HIV)
serious virus that leads to deterioration of the body's immune system, uses body's CD4 cells or T-cells to replicate itself associated with AIDS and is fatal viral infection *HIV doesn't make a person sick it makes it much easier for other illnesses to infect the body because it weaken immune system -spreads by unprotect sex, sharing infected needles, or by ingested pre-chewed food, or mother to child in childbirth
spot map
serve as an early warning system, provide information on problem areas and times
What is the purpose of the Constitution?
sets the boundaries within which government is permitted to operate and applies to government officials
Stapling, defacing, or altering of license which has been seized by LEO
shall NOT be stapled to any document or in any manner defaced or altered so as to indicate at any time in the future such previous seizure and processing of the license
Authorized use of blue lights
shall be unlawful for any person, firm, corporation to operate any motor vehicle equipped or having any blue lights -LE, antiques, and vehicles w/ a permit granted by state agency exempt
Vehicle turning left
shall yield the right of way to any vehicle approaching from the opposite direction
Operation of vehicles on approach of authorized emergency signals
shall yield to the right and immediately drive to a position parallel to and as close as possible to the right hand edge or curb of roadway and shall stop and remain in such position until emergency vehicle has passed
domestic violent extremist
share a hatred of the federal government and minorities; and supremist beliefs ex: KKK, skinheads operations are based on the precepts of a novel titled The Turner Diaries
Distance to airbag
should be with 10 inches of your body
What doctrine was struck down in Wolfe v. Colorado?
silver platter doctrine
The average car tire is how wide?
size 9 shoe
how should you hand off a firearm?
slide back and butt towards person
punishment for sodomy; agg. sodomy
sodomy: 1-20 years agg. sodomy: life imprisonment, or by a split sentence of no less than 25 years and life on probation
16-6-15; solicitation of sodomy
solicits another to perform or submit to an act of sodomy
16-6-5; enticing a child for indecent purposes
solicits, entices, or takes any child under the age of 16 years to any place whatsoever for the purpose of child molestation or indecent acts
once the driver demonstrates an unwillingness to cooperate, the officer should be what?
somewhat more direct
Georgia Bureau of Investigations - (GBI)
specialized services- Crime Prevention Unit, Intelligence Squad, Special Investigation Section, and Controlled Substances Section
officer must be certified by POST as be trained in the use of
specific device they are operating
Frequently identified causes of accidents
speed failure of the driver to cope w/ traffic situation specific traffic law violations
Only POST registered or certified peace officers may use what
speed detection devices
Deadly equation
speed x Weight = Force
formula for speed
speed=distance/time
most common violations a traffic officer will encounter are
speeding and speed related offenses , such as reckless driving, racing, or laying drags
2 devices most frequently used in the admin of the traffic enforcement programs are
spot maps and accident location file
stopping the violator
spot the violating vehicle turn around the patrol car overtaking violator's vehicle advise dispatch stop the vehicle effective use of light
What is the most dangerous stage of the cycle of violence?
stage two - explosion
Fundamentals of Marksmanship
stance, grip, sight alignment and picture, breath control, trigger control, trigger reset
Pre-arrest Screening
standard field sobriety testing preliminary breath testing
park/parking
standing of vehicle, whether occupied or not otherwise than temporarily for the purpose of and while actually unloading or loading property or passengers
Who is the burden on to prove that the search was lawful?
state
What is the broken windows theory?
state of urban environment may affect crime; -social norms and conformity -presence or lack of monitoring -social signaling and signal crime
Other law enforcement agencies with officers with full arrest powers to protect facilities and service population
state universities, metro Atlanta rapid transit authority, state capitol complex all have their own police force
2 types of friction under normal driving conditions
stationary (or rolling) friction sliding friction
What did Delaware v. Prouse affirm?
stopping an automobile and detaining the driver in order to check his driver's license and the registration of the automobile are UNREASONABLE; random stops are unlawful
What are proxemics?
study of spacial requirements of humans/animals and the effects on behavior, communication, and social interation
Outcome of Jackson V. Denno case?
subjects under the influence are not able to consent understanding of their Miranda warning
The Implied Consent Warning contains what 3 elements?
submission to a state administered chemical test right to an additional test drivers license suspension for a period of 1 yr on refusal
what is the first sign of terrorist attack?
sudden increases in demands on hospital emergency rooms and EMT units
What is the greatest cause of death for law enforcement officers?
suicide 37%
What type of judge may issue an arrest warrant based on probable cause? (OCGA 17-4-40)
superior, city, state, or magistrate
What is constitutional law?
supreme law of the land; neither congress or state can enact a law that contradicts the Constitution
additional problems during known risk traffic stops
suspect doesn't cooperate gas use time aggressive nonthreatening actions by the suspect bolting aggressive threatening actions by the suspects
What is an affidavit?
sworn statement
How should you search a subject under arrest?
systematically, from behind start with one side at the head and work way down repeat on other side be sure to check shoes
4 crisis reach point reflex target
tactically thinking, a violator's vehicle is divided into how many geographical zones
What should you do if your vehicle is hydroplaning?
take foot off accelerator and let the car slow down 'ride' it out
the petition does not authorize?
taking physical custody of child
What is the key task of leadership?
teaching a balanced life police vs personal life
how many days to execute a search warrant?
ten
Testing (speed) device for accuracy
test before and after shift
Importance of The Turner Diaries novel
that it carefully details creation and operation of underground cells and terrorist tactics
Roadway
that part of a trafficway designed, improved, and ordinarily used for motor vehicle travel or, where various classes of motor vehicles are segregated, that part of a trafficway used by a particular class
Road
that part of a trafficway which includes both the roadway and any shoulder alongside the roadway
Shoulder
that portion of a trafficway contiguous with the roadway for emergency use, for accommodation of stopped vehicles, and for lateral support of the roadway structure
What did Wolfe v. Colorado (1949) affirm?
that the 4th and 14th amendment not only applies to federal officers, but state officers as well
To charge a person w/ operating a motor vehicle while registration is suspended/revoked/canceled... what must be present?
that the person is KNOWINGLY driving it suspended/revoked/canceled
What is a cautionary instruction to tell the person doing the lineup?
that the suspect may or may not be in the lineup and not to be compelled to choose one
too fast for conditions
that under certain conditions a driver should exercise caution and proceed at a "reasonable" rate of speed as it relates to the hazards
What is the definition of a frisk?
the PAT DOWN of an individual's OUTER clothing to determine whether he is carrying a WEAPON
What is discernment?
the ability to differentiate between right and wrong
If a crime is committed on water boundaries of two states, how is venue determined?
the accused shall be tried in the county of this state which is situated opposite the point where the crime is committed
Detection
the action or process of identifying the presence of something concealed
Terminal philosophy
the belief that terrorism cant happen here and can't happen to me because it gets people killed
Deliberate Intent
the classification given to the cause of an event which occurs when a person acts deliberately to cause the event or deliberately refrains from prudent acts which would prevent occurrence of the event
what is challenged when one becomes a helpless victim?
the core "guardian/protector" values of duty, honor and etc.
Selective enforcement is accomplished through
the deployment of personnel in several tyoes of either moving or stationary patrol
When do you not have to stop for a school bus?
the driver of a vehicle upon a highway w/ separate roadways need not stop upon meeting or passing a school bus which is on a different roadway
Obedience to and required traffic control devices
the driver of any VEHICLE shall obey the instructions of an official traffic control device unless otherwise directed by a LEO
Highway (Trafficway)
the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for the purpose of vehicular travel (Boundry line are property line to property line)
militant muslim strategy
the goal is provoke the US to taking direct action against Islamic nations by attacking targets of immense symbolic importance to the US secondary attacks are aimed at technological power: infrastructure and cyber-terrorism
officer should always have another officer witness what?
the inventory of the arrestee's property if possible
what is the primary weakness in national posture against the threat of terrorism?
the lack of viable intelligence
under most circumstances, the first message that a driver recieves comes from where?
the look on the officer's face
what do terrorist seek to use?
the media to effect public opinion to force policy makers to decisions in terrorist favor
What does consent for search eliminate?
the need for probable cause
Who is the burden placed upon to comply with the GA LAW hearing impaired statues?
the officer
the more one feels "out-of-control" the greater the chance of?
the officer sees themselves as victims
Why is the state considered the victim when a crime is committed?
the party violated state law
Custodian
the person or agency that has been rewarded legal custody of a juvenile by the court
Point of Actual Perception of Hazard
the point at which an individual sees, feels, hears, or otherwise perceives an indication that an accident is about to occur
Point of Initial Engagement (Point of Impact)
the point where contact is first made during a collision
What is the deadliest weapon in law enforcement?
the police vehicle
unlike stationary approach, moving patrol provides a greater deterrant effect causes
the police vehicle is observed by a larger number of drivers
espionage
the practice of spying or of using spies, typically by governments to obtain political and military information
Definition of scope
the range of one's authority, breadth, or opportunity to function
What did Katz v. US establish?
the reasonable expectation of privacy (REP) standard
intelligence is aimed at protection of the society by
the reduction of organized crime in the community, from entering community, including business and establishment of program to deter organized crime in community
Friction
the resistance to slip when two surfaces rub together
When in emergency mode, you are asking what from other motorist?
the right of way, NOT demanding it
What does the right to inventory depend on?
the right to impound
What did Baker v. State affirm?
the state expects to lose such contests if the supervisor fails to show up in court and has no other admissible evidence to establish the basis for the roadblock
In-Transport
the state or condition of a vehicle which is in motion or within the portion of a transport way ordinarily used by similar transport vehicles
Temporary custody
the taking of physical custody and providing personal care and supervision until a court order for nonsecure custody order can be obtained
Inertia
the tendency of a mass to resist acceleration; the tendency of a mass at rest to remain at rest or a mass in motion to stay in motion in a straight line unless disturbed by external force
Point of Possible Perception
the time and place at which the hazardous situation could have been perceived by a normal person
Final Position (Point of Rest)
the time and place that the objects that have collided come to rest, without the use of any power
For vehicle control, the most important areas of friction are between where?
the tires and road surface brakes and wheels
traffic enforcement define
the total police effort directed to obtain compliance to traffic regulations after programs of traffic safety education, driver training, traffic enginerring, and other efforts have failed to achieve that objective
FBI defines terrorism as
the unlawful use of force or violence against persons or property to intimidate or coerce a government, the civilian population, or any segment thereof , in furtherance of political or social objectives
What did Kyllo v. US (2001) affirm?
the use of thermal imaging device to scan the home of a person in connection with an indoor marijuana farm was ruled improper
disadvantages of passenger side approach
the violator has a better view of the officer on approach and at the vehicle officer may temporarily lose sight of the occupants on his approach it is difficult to see roadside hazards while using stealth and a no light approach it presents a slightly longer retreat to the patrol car if needed
What is Gross weight?
the weight of the car plus the weight of the load
What can imply an officer's intent?
their actions I.e. handcuffing an individual
What happens if the driver refused the state administered test but gets their own test later?
they have not satisfied the obligation and will act as a refusal
what would one use to protect oneself from air borne pathogens?
they should increase the amount of protection by using gear to protect their respiratory system from exposure to particles in the air like masks
plus one rule
think that there is always at least one more occupant than what you can see
passenger side approach
this approach yields its greatest benefits at night
target zone
this arcs from where it overlaps the point reflex zone to the front fender of the vehicle. this is sometimes referred to as the kill zone
reach zone
this extends forward an arm's length from where the crisis zone ends
point reflex zone
this fans out from the back corner of the driver's window at about a 45 degree angle and fades into the next zone
advantages to passenger side approach
this is unexpected by the violator, allowing you to often times approach undetected allows the officer a larger filed of view into the vehicle less vulnerable to traffic
information gathering
this is where you gather the information that will allow you to resolve the call
Non-residents
those who don't live in the state but have business in the state. Being employed or engaging in a trade, profession or occupation in GA or his or her children attend a public school in GA Over 30 days must register their vehicles
punishment for terroristic threats or acts
threats: misdemeanor acts: 1-10 years
What is lag time?
time it takes for the brain to perceive a threat and send signal to body to react
An officer's "world view" can change how?
to accommodate perceived job parameters
Suspension of license for failure to respond to citation
to any person who has failed to respond to a citation to appear before a court of competent jurisdiction in this state other than a parking violation suspension notice mailed suspended for an indefinite period until paid
What is probable cause the basis of? (three things)
to arrest to search to seize
What is the purpose of a pat down?
to check for weapons; must have ARS
What is the purpose of the exclusionary rule?
to deter police misconduct; to control the behavior of the cops
objective of a traffic enforcement program
to deter the traffic violator or the potential violator
What is the magistrate's duty for search warrants?
to determine whether probable cause exists to issue the search warrant
General purposes of Title 16 - Crimes and Offenses
to forbid and prevent conduct which unjustifiably and inexcusably causes or threatens substantial harm to individual or public interest
goal of traffic enforcement
to improve traffic safety
ultimate goal of law enforcement intelligence training
to make observing and reporting information a habit with each officer because intelligence allows effective utilization of resources and activities against hostile intelligence-like forces (ex: street gangs)
Officer's motivation should be
to take whatever action is most likely to improve safety on the highway
What did State v. Stephens affirm?
totality of circumstances should be the OUTER limit of probable cause and should go by the Aguilar-Spinelli test whenever feasible
what are the most deadly activities in which an officer can engage
traffic stops and should not be considered routine
Benefits to knowing your territory
travel time from A to B is cut to a minimum accident exposure is minimized emergency vehicle operator can devote full time to driving and know what to expect (curves, traffic control devices, etc)
what happens if you cant prove 'beyond a reasonable doubt'
trial is over , not guilty
Spin out
triggered by accelerating through a corner too quickly front tires lock us, rear of vehicle swings around
juvenile court counselors handle all cases except?
truancy
left
turn the tires of the patrol car to the...
Counter steering
turning the steering wheel in the direction the rear of the car is sliding AKA turn car in direction you want to go
driver's side approach passenger's side approach
two approach options to the violator vehicle
Correct procedure for completion of an incident report
typically done as a supplemental report; unless no further investigation is needed and in that case the initial report is also the closing report
How old must a juvenile be for felony child abuse?
under 16 years old
where is law enforcement in the incident command system?
under operations function
16-8-2; theft by taking
unlawfully takes or, being in lawful possession thereof, unlawfully appropriates any property of another with the intention of depriving him of the property, regardless of the manner in which the property is taken or appropriated
Flashing red signals
use as a stop signal
Accelerator and Brake
use right foot only make stops and starts as smoothly as possible
Sureños or Sur 13
use the colors blue and white to identify themselves with La EME, and always include the number 13 in their graffiti and other identifiers. Sur 13 is one of the largest and most active gangs in the Atlanta area
Nature's Law (physical forces of nature)
used in accident reconstruction and are based on tried and proven methods of determining weight transfer, skid resistance, momentum, etc
Methyl Alcohol
used in antifreeze, gasoline, and as a camping grill fuel
How can one self identify as a gang member?
using gang language "Cuz, homeboy, Blood, Crip..." Has tattoos with gang material on it wears specific colors wears clothing associated with gangs (Red Sox Hat, Red bandana, Blue shirts) Hand signs Street names Jewelry
cutaneous anthrax
usually occurs when spores enter a cut or abrasion causing a skin (cutaneous) infection at site mildest and most common form inflammation at site and blisters around an area of dying tissue that becomes black in the center
problem vehicles
vans semi-trailers motorcycles
Allowed items will?
vary with each department and may be returned to arrestee after completion of the frisk/search inventory
3 factors in a crash
vehicle human internal
3 Phases od DUI detection
vehicle in motion personal contact pre-arrest screening
Spencer Law 40-6-16
vehicle that is displaying white, red, blue, amber, or yellow lights drivers must slow down or move over a lane
motor vehicle
vehicle which is self-propelled other than a electric personal assistive mobility device
intestinal anthrax
very rare and fatal caused by eating meat infected with anthrax causes stomach and intestinal inflammation and sores like skin sores stomach flu like symptoms
What are Romeo and Juliet provisions?
victim no more than 4 years younger than the offender and younger than 18; punished as misdemeanor
crime victim compensation act
victims can request compensation from the state for certain losses that occur as result of being victims of crimes
who are not eligible for compensation?
victims of property crime, victims who participants in a criminal act, victims who consent, provoke or incite the crime against them, victims who do not report the crime to law enforcement officials within 72 hours
muslim fundamentalists
view the undeniable momentum toward moral and spiritual decline among their people attributed to cultural diffusion from the west
16-5-91; elements and punishment of aggravated stalking
violates a court order; felony 1-10 years
driver side approach disadvantages
violators anticipate a driver's side approach the officer is more vulnerable to traffic officers filed of view inside the vehicle is limited
16-6-19; adultery
voluntarily has sexual intercourse with a person other than his spouse
Serious injury by vehicle
w/o malice causes bodily harm to another by depriving him of a member of his body, rendering a member of his body useless, or causing organic brain damage while committing reckless driving or DUI
What should you do if a subject isn't following orders?
wait for backup and continue giving orders
Courts will consider the following in judging due regard in the use of signaling equipment:
was it necessary? was it used? was the signal audible and visible to motorists and pedestrians?
Always, Always, Always
wash hands before and after Anything even if you wore gloves
motorcycles
weapons are found built into the motorcycle you may order biker to stay astride his bike with the kick stand up and ignition off jewelry may be a weapon
tactic of terrorism
weapons of mass destruction, explosives and incendiary, armed assault, assassination, kidnapping and hostage-taking, hijacking, cyberterrorism, and hoaxes or threats for any other tactic
elements necessary for a successful terrorist attack
weapons, mobility, communications, intelligence, dedication
16-11-38; wearing masks, hoods, etc.
wears a mask, hood, or device by which any portion of the face is so hidden, concealed, or covered as to conceal the identity of the water and is upon any public way or public property or upon the private property of another without the written permission of the owner or occupier of the property to do so **doesn't apply to traditional holiday costumes
Gross Weight
weight of vehicle plus the weight of the load thereon
7 interrelated questions that are the core of assessing the threat on a vehicle stop
what is the nature of the offense involved -- THREAT POTENTIAL what many occupants are in the vehicle what is the behavior of the occupants what weapons are involved what type of vehicle is involved what environmental hazards exist what are my strengths in this situation
How much force can be used to affect an arrest?
whatever force is REASONABLE
Parking procedure
wheels parallel to and within 12 inches of the right hand curb or closer
Vehicle approaching or entering intersection
when 2 vehicles approach intersection at same time, driver on left will yield and give right of way to vehicle on right.
What are acts of omission?
when a person fails to fulfill their responsibility
When are Miranda warnings required?
when a person is in custody and going to be interrogated
What is a show up?
when a witness views a single individual for purposes of identification; sometimes known as a field interview
16-6-1; rape
when he has carnal knowledge of: (1) a female forcible and against her will; or (2) a female who is less than ten years of age
16-5-90; elements of stalking
when he or she follows, places under surveillance, or contacts another person at or about a place or places without the consent of the other person for the purpose of harassing and intimidating the other person
16-4-8; conspiracy to commit a crime
when he together with one or more persons conspire to commit any crime and any one of more of such persons doe any overt act to effect the object of the conspiracy
OCGA 16-11-36 Loitering & Prowling
when in apace at a time or in a manner not usual for law-abiding individuals under circumstances that warrant a justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity.
Centrifugal force
when momentum increases with accelerations tends to make the vehicle push to the outside double speed=centrifugal force will quadruple
as soon as you contemplate making a vehicle stop
when should you begin making a risk assessment
What constitutes reasonable expectation of privacy?
when someone exhibits an actual expectation of privacy that society recognizes as reasonable
When is a petition/hearing used?
when someone petitions the court on their own, NOT when an officer makes an arrest
When are rear wheel skids most common?
when the brakes get 'hot' such as in pursuits or emergency runs 180 degree spins common MUST get off brake and counter steer
When does an interview turn into an interrogation?
when the subject becomes a suspect in the case
When will a defendant move to suppress evidence?
when they are aggrieved by an unlawful search and seizure and wish to have their property returned
When is their an exception to militia not having the privilege from arrest?
when they commit treason, felony, or breach of peace
Brake fade
when you apply brakes, the vehicle seems to start lunging forward brakes may feel like they have 'disappeared' caused by excessive heat
Point of Maximum Engagement
where the greatest collapse of material or overlap of objects occurs
What establishments should be avoided by officers?
where the law is frequently violated
Where can an officer search incident to arrest?
where weapons or evidence of the crime are likely to be found
Controlled stop
where you have ample distance to use early and smooth braking
What are you accountable for when shooting your firearm?
where your bullet goes and ends up
original law enforcement agency
which investigated or is investigating the crime (Investigating Law Enforcement agency) is responsible for notifying the victim
When must you carry your license and show it?
while operating a motor vehicle and when demanded by a law enforcement officer
What did Brewer v. Williams (1977) affirm?
while police denied Williams of his sixth amendment rights (having council present) by use of the Christian Burial speech as interrogation, the courts decided that the girl's body would have been found by the search team regardless of the conversation between Williams and the officer
Characteristics of a complete report
who what when where why how
Crash Reporting answers
who (VIN#, DL, Model, Make, L. Plate) What (other car, animal, pole) Where (closest points) When (time) How Why (texting, DUI, etc)
16-11-41; public drunkenness
who shall be and appear in an intoxicated condition in any public place or within the curtilage of any private residence not his own other than by invitation of the owner or lawful occupant, which condition is made manifest by boisterousness, by indecent condition or act, or by vulgar, profane, loud, or unbecoming language
What must an officer be able to articulate when executing a search incident to arrest?
why he is searching and what he is searching for
What did Randolph v. State (2003) establish?
wife cannot forfeit husband's constitutional rights if they are both present and he refuses search
Elderly People in the year 2030
will jump from 35 million to 70 million people be largest segment of the population will be 23% of all drivers on the road
who would be the jury if the defendant opted to not have a jury?
with constitutional right to no jury trial a JUDGE would be the jury
16-8-42; armed robby; robbery by intimidation
with intent to commit theft, he or she takes property of another from the person or the immediate presence of another by use of an offensive weapon, or any replica, article, or device having the appearance of such weapon.
16-8-40; robbery
with intent to commit theft, he takes property of another from the person or the immediate presence of another: (1) by use of force (2) by intimidation, by the use of threat or coercion, or by placing such person in fear of immediate serious bodily injury to himself or to another; or (3) by sudden snatching
16-9-1; offense of forgery, 2nd degree
with intent to defraud he or she knowingly makes, alters, or possesses any writing, other than a check, in a fictitious name or in such manner that the writing as made or altered purports to have been made by another person, at another time, with different provisions, or by authority of one who did not give such authority
16-9-1; offense of forgery, 1st degree
with intent to defraud he or she knowingly makes, alters, or possesses any writing, other than a check, in a fictitious name or in such manner that the writing as made or altered purports to have been made by another person, at another time, with different provisions, or by authority of one who did not give such authority and utters or delivers such writing
How should you report to the range?
with unloaded weapon
A victim must fully cooperate with law enforcement and complete an application within how long?
within 1 year of the incident
return to parents once parties have calmed down
within 12 hours
When must probable cause hearing be conducted?
within 15 days of date with juveniles first appearance
How soon should Department of Social Service inform DA if they find evidence that a juvenile may have been abused?
within 48 hours of receiving report of abuse
When must an officer notify the principal of a juvenile when charged with a felony?
within 5 days
When shall a person apply to the department for a license showing a correct name change (newly married women for example) or address change?
within 60 days
When must copies of orders be sent to the detention facility?
within 72 hours
When should Department of Social Services notify the State Bureau Of Investigations of sexual abuse in a day care facility or home?
withn 24 hours or next work day
When Responding to a bomb call
work in pairs, begin search on the outside and work your way inside starting from the bottom and working your way up. remember to work the public access areas before the locked down parts of a building
What is the biggest cause of brake fades?
worn pads which allow heat to transfer to the brake fluid
What were federal agents doing with the silver platter doctrine?
would go to local officers, knowing the exclusionary rule didn't apply to local officers, and ask them to search people's homes, vehicles, etc. without a warrant and turn over any evidence found to the federal agents. ("on a silver platter")
Are NCIC/GCIC returns reliable enough for probable cause?
yes
Can a person be designate to act on behalf of the victim during periods of physical disability?
yes
Can a temporary restraining order be issued without notice to the accused?
yes
Can an officer issue a UTC to someone that is chilling at home watching the UGA game that let their friend drive their car to get beer at the gas station knowing their car's insurance is expired/revoked/suspended?
yes
Can the job become all consuming?
yes
Do the courts recognize the police officer's authority to search individuals without a search warrant incident to their arrest?
yes
If a crime was committed in County A, but the warrant was issued in County B, is that warrant still valid? (OCGA 17-4-44)
yes
If the officer does not have the paper copy of their POST certification, can they still work?
yes
Is an arrest a seizure of a person?
yes
are terrorist willing sacrifice their lives or freedom to carry out a successful attack?
yes
can officers become hypervigilant all the time?
yes
Can an officer seize abandoned property?
yes and without a search warrant
Are officers able to handcuff a subject when not arresting them in a tier II stop?
yes, for safety reasons
Are officers able to order the driver to get out of the vehicle during a traffic stop?
yes, for safety reasons
Can you arrest a passenger of the person driving a stolen vehicle?
yes, law states that they know or should have known that the vehicle was stolen and you have probable cause to arrest all occupants
is it okay to tag out when you aren't getting anywhere with a subject?
yes, let someone else try
Can a judge deviate from the trial process?
yes, the judge can deviate to further fairness and to assure a fair trial. -judges run the courtroom how they want it.
Do the police need a search warrant to search digital information on a cell phone?
yes; can search outside, physical aspects of phone only
Who will benefit from your practicing the fundamentals of safe driving?
you and your family general public your department
Aim High
your eyes should lead your vehicle down the road by at least TWELVE (12) seconds helps locate, identify, and respond to potential hazards
crisis zone
your safest approach to a vehicle will be through this zone
16-6-5.1; sexual assault
~summary~ If you are in charge of that individual (teacher, CJ employee, doctor, therapist) engages in sexual contact with such other individual
Incidents should be considered gang related when...
• An incident occurs where the participants, suspects or victims, are identified as gang members or affiliates. • A law enforcement agency or reliable informant identifies an incident as gang activity. • An informant of previously untested reliability identifies an incident as gang activity and it is corroborated. • The conduct is consistent with street gang activity
What is a Narcotic?
• Causes sleep • Decreases pain, coughing, respiration and blood pressure • Creates confusion and euphoria • Causes addiction, constipation and decreased drive
Examples of MVC's
• Collision with another motor vehicle (in transport or parked) • Collision with a Pedestrian • Collision with another road vehicle • Collision with an animal