BLE PTI Test 2

circumstantial evidence

(indirect evidence) evidence used to imply a fact but not prove it directly

Of the 17 remedies on orders of protection, how many are police enforced?

7 police enforced, 1 is a police escort

What amount of time is given to execute a search warrant?

96 hours

Hearsay Exceptions

1) Forfeiture by Wrongdoing 2) Former Testimony 3) Statement Against Interest 4) Dying Declaration 5) Excited Utterance (res gestae) 6) Present Sense Impression 7) Present State of Mind 8) Declaration of Intent 9) Present Physical Condition 10) Statement for Purpose of Medical Treatment or Diagnosis 11) Business Records 12) Public Records

How to obtain an order of protection

Most commonly, through the State's Attorney's Office, as part of a domestic violence call or an arrest.

4th Amendment

Protection against Unreasonable Search and Seizure

This is what you cannot keep secret if a confidential source was testifying in court.

The identity of the confidential source

In order for the respondent to be arrested for an order of protection violation, what has to have happened?

The order of protection must be served on the respondent.

What constitutes domestic violence?

The victim and suspect are family or household members AND there is 1 or more of the 5 forms of abuse.

negative admission

a denial of fact that can be independently proven by other means.

acute agony

a problem that has suddenly and unexpectedly appeared where a person is unprepared and unable to immediately cope with the situation.

statement

a recounting of a suspect's or witness' knowledge of criminal matter; the content of a statement might amount to an admission or confession.

4 parts of an investigation

determine what crime has been committed, determine who committed the crime, obtain probable cause arrest and prosecution, locate and arrest the suspect.

confession

admitting fully the commission of an offense- admitting each element of the offense.

Traffic offenses for which a court appearance is required

all alleged major traffic offenses: i.e. no insurance, operating when registration suspended for non-insurance, no valid license, multiple citations, any time there is personal injury, passed school bus.

Reasonable means to prevent further abuse

arrest the abuser where appropriate, arrange for or transporting the victim, advise the victims of the importance of preserving evidence, providing the victim with information.

List offenses for which a custodial arrest should be made.

driving under the influence, driving while license suspended or revoked, any felony violation.

3 types of orders of protection

emergency, interim, plenary

Illinois Crime Victim Compensation Act

compensation for victims, dependents of victims, parents whose child is victim, and/or relative of a victim of a crime. Compensates medical expenses, etc. Victims MUST Report the crime to the authorities within 72 hours. Cooperate fully with the law enforcement officers. File a compensation claim within two (2) years of the crime. injured in this state as a result of a violent crime.

Order of Protection

court orders to prevent further abuse and to give the victim protection.

ethics

establish principles of right behavior that serve as guides for individual or group actions.

Opinion Evidence

evidence of what a person thinks in regard to facts in dispute

direct evidence

evidence that (if true) proves an alleged fact, such as an eyewitness account of a crime

res gestae

excited utterances that people say with no time to fabricate anything; a hearsay exception.

"Fruits of the Poisonous Tree" Doctrine

excludes evidence acquired as an INDIRECT result of police misconduct.

Exceptions to the Exclusionary Rule

good faith, inevitable discovery, independent source

The weight of bullets is measured in ________________.

grains

exclusionary rule

illegally gathered evidence (physical or testimonial) may not be introduced in a criminal trial

exclusionary rule

improperly gathered evidence may not be introduced in a criminal trial

Illinois Automated Victim Notification Act

Provides victims of crime two important services -information and notification -24 hours a day, 7 days a week. INFORMATION on a defendant's custody status or current court date, NOTIFICATION -changes in the defendant's custody status or a change in court date.

What should be done with your field notes?

Put them in the case file

Who signs an NTA?

The arresting police officer

Mediation

The goal of a police officer in crisis situations.

roadway

the portion of a highway, other than the berm or shoulder, that is improved, designed, or ordinarily used for vehicular travel. If a highway includes at least two separate roadways, the term applies to each roadway separately

Hearsay

what others tell you about what happened. May be used for probable cause and in motions to suppress, but cannot be used in trial. Anonymous source hearsay can rarely be used.

Info. you can give to families of adult offenders

where the offender is being held, the reason, and bond if any.

What is the best evidence in a robbery?

witnesses

Who explains to the witness how to get to court?

police officer

Peace officers are responsible for this during a lawsuit.

punitive damages

If a defendant is transferred, their right to communicate is __________________.

renewed

Arizona v. Gant (2009)

requires law enforcement officers to demonstrate an actual and continuing threat to their safety posed by an arrestee, or a need to preserve evidence related to the crime of arrest from tampering by the arrestee, in order to justify a warrant-less vehicular search incident to arrest conducted after the vehicle's recent occupants have been arrested and secured.

Which two factors require a mandatory court appearance?

issuance of multiple tickets, any injury involved.

NTA

issued by an officer, requesting a person to appear in a specific location on a specific time and date.

summons

issued by the court, commanding a person to appear in a specific location.

family or household member

spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family, or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married. With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.

Right to communicate when arrested

make a reasonable number of telephone calls: right to call an attorney and a member of their family.

how to address/move large crowds and protecting infrastructure

mobile field force, "platoon" formations

admission

statement by the suspect that acknowledges a fact that implicates the suspect in the crime- a statement or conduct from which guilt might be inferred when taken in connection with other facts, but from which guilt does not necessarily follow.

Illinois v. Caballes

the Fourth Amendment is not violated when the use of a drug-sniffing dog during a routine traffic stop does not unreasonably prolong the length of the stop.

Things to consider when looking at a suspect...

motive, means, knowledge, opportunity

response formations

skirmish line, wedge, diagonal

What needs to be in an NTA?

offender's name and address, nature of the offense, location of appearance, date and time, statement that failure to appear could result in a summons or warrant, your signature. No legal requirement for a suspect's signature.

Explain the squad car position for a traffic stop.

offset to the left 3 feet 10-15 feet behind violator's car

combat effective area

pelvic region up to the eyeballs

Developing reasonable suspicion

personal observations, suspect behavior, hearsay, officer's training/special knowledge

how to address emergency circumstances and instigators in crowds

small squad tactics

5 primary components of abuse

physical abuse, harassment, intimidation, willful deprivation, interference with personal liberty

Modus Operandi (MO)

the characteristic method of operation of a criminal; sometimes referred to as MO. Figured out in order to narrow a search in an investigation.

moving violation

Convictions of traffic safety laws reported to the Illinois Secretary of State

Is a Terry Stop a "seizure" under the 4th amendment?

Yes

Is an arrest a "seizure" under the fourth amendment?

Yes

probable cause

"reasonable grounds to believe", needed for an arrest and search warrant

7 Critical Needs of Victims

1. safety 2. access to resources 3. information 4. support 5. continuity 6. voice 7. justice

Defendants in custody must be tried within how many days?

120 days

Defendants not in custody must be tried within how many days?

160 days

Carroll Doctrine

3 conditions for vehicle search: PC exists, vehicle is mobile, and it is on a public roadway.

maximum period of time an arrestee may be held without a determination that there is probable cause to keep the arrestee in custody

48 hours

Fresh Pursuit

A legal doctrine that permits a Law-Enforcement Officer to arrest a fleeing suspect who crosses jurisdictional lines

warrant

A legal paper, issued by a court, giving police permission to make an arrest, seizure, or search.

chronic agony

A problem that has grated on a person for such a prolonged period of time that their coping system is overtaxed.

Frye Standard

A test to determine the admissibility of scientific evidence.

Class D Driver's License

Any motor vehicle with a GVWR of 16,000 lbs. or less, except those vehicles requiring a class A, B, C, L or M license.

Class L Driver's License

Any motor-driven cycle with less than 150 cc displacement.

Class M Driver's License

Any motorcycle or motor-driven cycle.

CPTED

Crime Prevention Through Environmental Design- deter criminal behavior by changing how places are laid out, and how they look and feel.

Best time to use a shotgun

For perimeter shooting

What is the goal of cross-examination?

Impeachment of witnesses

Should you talk to the defense attorney about the case?

No

The most significant element that effects a department's reputation.

The community's confidence in the police.

highway

The entire width between boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel or located on public school property

Who has the tactical advantage?

The person who is in the darker of the two environments.

Where does the chain of evidence end?

The prosecutor

Reasonable Suspicion

based upon reasonable inferences and articulable facts; needed for a terry stop.

An arrest warrant is valid until _______

it is executed or quashed.

U.S. v. Ross (1982)

legal warrantless automobile search allows closed containers found in the trunk to be searched

Officers' responsibilities at a domestic

seize weapons used or threatened, allow minors or dependents to remain with victim, write a detailed report, advise the victim about obtaining an Order of Protection, give domestic violence information tear sheet.