LD 51 POST Final, Flash Card Study set
What is parole?
* Administered CDCR and CDCR Juvenile Division * It is a conditional release from a state prisons. * Imposed by parole board *Supervised & revocable by parole agent or administrative board review *Search & Seizure protections do not apply
Scope of a cursory/pat search (during detention)
"Search may only be conducted when the officer believes that the suspect may have a weapon on his person." 1. Frisk of outer clothing, 2. Locate possible weapons, 3. A pat search is NOT a search for evidence or contraband.
The exclusionary rule
"The fruit of the poisonous tree": If the court finds evidence has been obtained in violation of a person's fourth amendment rights, the evidence will be thrown out of court.
what information and databases are available to law enforcement agencies through CLETS?
(CJIS) Criminal Justice Information System (DMV) Department Of Motor Vehicle (NCIC) National Crime Information Center (NLETS) National Law Enforcement Training System (CPIC) Canadian Police Information Center
Summarize inhalants:
(Gasoline, paint thinner, airplane glue), aerosols (spray paint), and anesthetic gases (ether, chloroform).
Define: Child Abuse
(PC 11165.6) child abuse is a physical injury inflicted by other than accidental means on a child by another person, expands further to include sexual abuse of a child, neglect, willfully or unjustifiable punishment of a child, unlawful corporal punishment or injury or neglect or abuse in out-of-home care
Summarize stimulants:
(Prescription stimulants), or a cocaine base (rock) or cocaine powder.
What is a trial?
* A formal judicial examination and determination * of issues (law of fact) between parties.
What are the three elements that constitute a crime? (crime triangle)
* A victim * An offender * A location
What is ABS? What info required to inquire?
Automated Boat System requires: -Reg, eng, boat hull #, owner applied#
What is AFS? What info required to inquire?
Automated Firearms System serialized firearm records. divided into two sections Law enforcement status and historical records. all firearms are coded into system LE status: -recorded indefinitely: stolen, found, lost, destroyed, institutional registration, or retained for official use. -for three years: evidence or under observation Historical records: -indefinitely: Sale, serial number, registration -3 years: buy/trade, consignment, CCW, pawn, auction Info required: -LE- SER or SER and make or caliber -historical: name, dob/age or -serial number or -serial, make or caliber
What are the extinguishing methods for ABC fires?
A - Common Combustibles (Cool with water, smother with nonflammable material, Removal of Fuel, Pressurized Water extinguishers) B - Flammable Liquids (Smothering, CO2 extinguisher, Dry Chemical Extinguisher, All purpose extinguisher) C - Energized Electrical Equipment (CO2 Extinguisher, Dry Chemical Extinguisher, All Purpose Extinguisher) D - Combustible Metals (Specialized Extinguishing Agents, Heat-Absorbing Extinguishing Medium which is not reactive with burning metal
Protective Sweep (bonus)
A brief search to look for individuals only. Protective sweeps are limited to spaces immediately adjoining the area of an arrest: 1. Where another person could be hiding, and 2. From which an attack could be immediately launched. Note: Illegal to sweep into areas beyond those immediately adjoining area of arrest.
First degree
A burglary of a inhabited dwelling has taken place. Is this a first degree or second degree burglary?
Specific Intent Crimes
An element of a crime that must be proven and cannot be presumed; the requirement of the specific intent element varies according to the crime
Photographic Spreads (bonus)
An identification procedure in which the victim or witness to a crime is asked to look at a number of photographs in an attempt to ID the suspect.
What is nystagmus?
An involuntary jerking of the eyes.
400.00
An item must be below _____ in order to be petty theft.
Yes
An item was stolen worth market retail 399.90 without tax. In the end total, will it be considered grand theft?
The consequences of an officer's failure to intervene when unreasonable force is used by another peace officer
An officer may face both criminal or civil liability and disciplinary action if they fail to intervene and prevent other officers from violating anyone's constitutional rights if they had reason to know and an opportunity to act.
What are the elements to the crime of Assault with a Deadly Weapon? (245 PC)
An unlawful attempt and the present ability to commit a violent injury upon the person of another by use of a deadly weapon or force likely to produce great bodily injury.
Felony
Any person who places a elder or dependent adult within a situation such that the person or health is endangered would be charged with a misdemeanor or felony?
What are the elements of unlawfully causing a fire (452 PC)
Any person who recklessly sets fire to or burns or causes to be burned, any structure, forest land or property. (felony)
What are the elements to the crime of Prostitution? (647(b) PC)
Any person who solicits or agrees to engage in, or engages in any act of prostitution, or some act is agreed to and done in the furtherance of prostitution. - MISDEMEANOR
What are the elements to the crime of Lewd Conduct? (647(a) PC)
Any person who solicits or engages in lewd conduct in a public place or a place open to public view. - MISDEMEANOR
Lewd Conduct
Any person who solicits or engages in touching the genitals, buttocks, or female breast with the intent to sexually arouse, annoy, or offend while in a public place or in public view.
What are the elements to the crime of Obstruction of a Public Way? (647c PC)
Any person who willfully and maliciously obstructs the free movement of any person on any public way. - MISDEMEANOR
Tear gas weapons
Any person, firm, or corporation who Knowingly Possesses, or sells, or transports Any prohibited tear gas or tear gas weapon Except as permitted MISDEMEANOR
What are the elements of unauthorized entry of dwelling (602.5 PC)?
Any person, other than public officer or employee acting within the course and scope of employment, who enters or remains in a noncommercial dwelling house, apartment or other such place without consent of the owner, owner's agent or person in lawful possession. (misdemeanor)
what is an explosion?
Any substance or combination of substances that may: - explode from the heat, shock, friction or combination - react violently or explosively upon contact with air, water or foam - be ignited by heat, sparks or flames
What are the element to the crime of Battery? (242 PC, 243b PC)
Any willful and unlawful use of force or violence on the person of another.
What are some crime prevention strategies?
* Anticipating criminal activity * Recognizing crime risks * Identifying crime problems * Taking specific actions to remove or reduce the opportunity for criminal activity
What are the resources for police officers to interact with the community?
* Community forums * Community questionnaires * Community advisory groups * Neighborhood watch programs * Informational presentations * Property management * Mass media * Collaboration / Problem solving meetings
What is the California Department of Corrections & Rehabilitation responsible for?
CDCR * Responsible for incarceration of adults over 18 yrs. Juvenile Division * Responsible for incarceration of youthful offenders 13 - 25 yrs
Typical terrorist methods, motivations, and tactics.
Common elements: 1. A desire to further political or social objectives, 2. To target cilivial population, with 3. Intent to coerce a government or its civilian population
The importance of effective communication when using force.
Communication involves both command presence and words resulting in improved safety.
(Vehicle) Necessary conditions and scope of Plain View Seizures from Vehicles
Conditions and scope: 1. Have probable cause to believe the item is crime-related 2. Lawfully be in a location to observe the item, and 3. Have lawful access to the item.
422
Criminal Threats (felony) is ___ PC. A threat of great bodily injury, verbal, written or gesture, the statement must be taken as a threat and cause sustained fear, even if the suspect has no actual intent.
166 (c)(1)
Criminal restraining order violations use ______ PC.
Criminal Law
Criminal statues that describe crime and punishment
PC 673
Cruel and unusual punishment -Any person who, -In a described location (i.e., jail) -Inflicts cruel, corporal, or unusual punishment (including certain specified acts, devices or lack of care) -Which would injure or impair the health -Upon a prisoner, inmate, or person confined. Class: Misdemeanor
What are the elements to the crime of Loitering About a Public Toilet? (647(d) PC)
Loitering in or about any toilet facility open to the public for the purpose of soliciting or engaging in a lewd or lascivious or unlawful act. - MISDEMEANOR
What are the elements to the crime of Peeping? (647(i) PC)
Loitering, prowling, or wandering on the private property of another, at any time, peeking in the door or widow of any inhabited building or structure without visible or lawful business with the owner or occupant. - MISDEMEANOR
Invasion of Privacy
Looking into a private area with the intent invade the privacy of the individual.
What are the elements to the crime of Invasion of Privacy? (647(j) (1) PC)
Looking through a hole or opening or otherwise viewed by means of any instrumentality into a private area with the intent ti invade the privacy of people therein. - MISDEMEANOR
Summarize dissassociative aesthetics (PCP):
PCP is the most common of disassociative anesthetics and can appear in the form of a: - Liquid - clear or yellow collored - Crystal - off white to yellowish tan - tablet-pale yellow or pink
what are the three elements that must be present at the same time to have a fire?
Fuel, Heat, Oxygen
Documentation is critical: Relevant factors and detail
General Factors: 1. Number of officers/subjects 2. Height and weight of each subject 3. Gender and age of each subject 4. Strength and fighting skills of each subject 5. Physical condition of each subject 6. Clothing (i.e., uniform with equipment v. casual attire) 7. Stance of each subject (describe) Specific Factors: 1. Prior contact 2. Obvious prison or gang tattoos 3. Specific gang attire 4. Access to potential weapons such as knives, boots, rings, or guns. Environmental Factors: 1. Physical environment 2. Subject's potential to gain assistance or aid from friends or associates Type of force used: 1. Identifying techniques by their proper names and providing a written description 2. The effect or non-effect of the force technique used upon the subject 3. The rationale for adjusting and transitioning the level of force 4. Communication before, during or after the use of force.
VIN
Generally a 17 digit number that is unique to a vehicle and may be used to confirm specific ownership.
Felony
Great or serious bodily injury is a felony or misdemeanor battery?
What are the 7 Primary Goals of the Criminal Justice System?
Guarantee due process Prevent crime Protect life and property Uphold and enforce the law Dispense equal justice Apprehend offenders Assure victim's rights
Officer responsibilities to protect Sixth Amendment Rights.
Guaranteed rights: Speedy Trial, confront witnesses, and obtain witnesses in their favor, and the assistance of counsel during court proceedings.
After taking a hallucinogen a person may exhibit what symptoms?
Hallucinations-irrational, bizarre behavior and/or paranoia-insomnia-loss of appetite-dazed appearance-impaired memory-body tremors-excessive sweating-increased respiration-restlessness-possible flashbacks-or grinding of their teeth-
Summarize hallucinogens:
Hallucinogens can be in a liquid or powder form and, if organic, in the original form of fresh or dried Source stands, buttons, or seeds.
What is the main function of the appellate courts?
Hear appeals from lower courts(trial courts)
Yes
Is a ATM a access card?
What is facilitation?
Is a consensus building process which brings together diverse priorities and perspectives toward a desired outcome.
What is community mobilization?
Is a continual process of identifying, bringing together, and involving community members for crime prevention and problem solving.
What is Homeland Security?
Is a cooperative effort between communities and law enforcement to prevent, or respond to , terrorist acts.
Yes
Is an adult with physical and developmental disabilities susceptible to elder abuse as well?
Yes
Is arson a form of vandalism?
Yes
Is carjacking a felony?
No
Is gross negligence while NOT intoxicated a misdemeanor?
No
Is person who is 55 years old an elder?
Yes
Is pickpocketing a felony?
No
Is possession of burglary tools a felony?
No
Is robbery a misdemeanor?
No
Is skin-to-skin contact required for lewd conduct?
what is the definition of crime prevention?
Is the anticipation, recognition, and appraisal of a crime risk, coupled with specific actions which can be taken to remove or reduce that risk.
Yes
Is the market value of a certain item stolen included with tax?
Define "Abuse in out of home care"
physical injury on a child which is inflicted by non accidental means; sexual abuse or neglect; or willful cruelty or unjustifiable punishment to a child by foster parent, school, institution or agency
Define: providing false ID to a peace officer? (PC148.9)
present yourself as another person real or ficticious, to a peace officer, to avoid going to court or getting a ticket - Note: have to be lawfully arrested or detained (misdemeaner) - The Vehicle Code states in (VC31) that no person shall knowingly give false information, written or oral, to a peace officer who is engages in enforcing the vehicle (misdemeanor)
Anyone who reports child abuse or suspected child abuse is
protected and confidential. 11166 11167 and 11172 PC
Define: False Personation of another in private or official capacity(PC529)
putting yourself in someone elses shoes and committing a crime or civil wrong while pretending to be the person you are impersonating making them liable for the offense (felony)
What is the parking/toll violation database? what info is needed to search?
record of all outstanding parking and toll violations and includes: -description of vehicle -registered owner's name and address -list of violations -handicap placard info *cannot tow or boot for delinquent toll but can for parking Info needed for search: -Vehicle license# or -VIN
What is the intent of the Lanterman-Petris-Short Act (5150)?
reform commitment laws pertaining to mental health treatment. 5150 states: person with a mental disorder and one of the following 1 Danger to others 2 danger to self 3 gravely disabled may be taken by a peace officer or other designated person to a designated facility for 72 hour treatment and evaluation
define: taking a firearm from a peace officer. (PC148c)
removes or takes a firearm from the immediate presence of the officer or public officer while in the performance of his or her duties
Define: False reporting of a crime (PC148.5)
reporting a crime to law enforcement knowingly is false (misdemeanor)
Define: falsly reporting a destructive device bomb. (148.1)
reporting a destructive device to anyone knowing the report is false (felony)
Define: Falsly reporting an emergency (PC148.3(a))
reports any emergency to the authorites knowing the report is false (misdemeanor) - Note: this crime is a (felony) if the person reporting knows or should know that the response is likely to cause great bodily injury or death and such injury is sustained as a result of the response
what is obstructing an excutive officer? (PC69)
resisting delaying or Obstructing an executive officer by threat or violence that deters them from the performace of their duties or who knowingly resists by force or violence such officer in the performance of his duties (felony)
define: disarming a peace officer by removing a weapon other than a firearm (PC 148(b)
resisting or delaying a peace officer by removing a non firearm from the immediate presence of the officer (misdemenaor)
what is a court holding facility?
secure holding facility located in a court building
WIC Section 206 requires that minors in each category be:
segregated from minors in other categories within the law enforcement facility
Define: Unlawful Sexual intercourse
sexual intercourse with a minor under the age of 18 who is not the spouse of the perpetrator - 3 years or less difference in age (misdemeanor) - more than three years (felony)
If you see or suspect child abuse you
shall immediately contact a child protective agency by phone and submit a report within 36 hours.
300 W&I
take a child into protective custody if at risk of: physic and emotional neglect or in need immediate medical care or shelter
What is lynching? (405a)
taking by means of riot(by means fo force by two or more people) of any person in the lawful custody of a peace officer - felony
a peace officer may without a warrant, take a minor into ____________ for a misdemeanor, even though the crime was not committed in the officers presence.
temporary custody
Warrant-less entry to protect minors can only be performed if
the child is in immediate danger (ie. there are exigent circumstances)
What are the elements of vehicle theft (10851 CVC)
the driving or taking of a vehicle not the person's own without consent with the intent to temporarily or permanently deprive the owner of title of possession of such vehicle. (felony)
What are the elements of forgery (470 PC)?
the intent to defraud, make, utter, publish, pass or attempt to pass an altered, forged of counterfeit document or seal or signs an unauthorized or fictitious name. (felony)
What are the elements of possession of burglary tools (466 PC)
the possession of certain tools or knowingly making, altering or attempting to make a key or other instrument to fit or open the lock of a building without legal request, with the intent to break or enter into any specified structure, for the purpose of committing any misdemeanor or felony. (misdemeanor)
What are the elements of possession of flammable or combustible material (453 PC)?
the possession or manufacture or disposal of a flammable or combustible material or substance, or any incendiary device in an arrangement or preparation; with the intent to willfully and maliciously use such material, substance or device; to set a fire or to burn any structure, forest land or property.
Age difference for 261.5 PC are
three years or less is a misdemeanor, greater than three years is a felony
Define: Rout (PC406)
two or more assembled and acting together, who make an attempt or advance toward the commission of an act that would be a riot if actually committed (misdemeanor) - Attempted Riot
Define: Unlawful assembly? (PC407)
two or more gathered to do an unlawful act or LAWFUL act in a violent, boisterous manner (misdemeaner)
Define: refusal to disperse upon lawful command (PC416(a))
two or more people assemble for the purpose of disturbing the public peace or committing an unlawful act and who do not leave when told to do so by a public officer. (misdemeanor)
Define: Riot (PC404)
two or more persons acting with a common intent to use force or violence or threaten to do so with the immediate power to execute such a threat and the acts disturb the public peace (misdemeanor)
Lewd Conduct
SCENARIO: A woman sat at a bar during happy hour. To get attention from some of the men, she opened her blouse to expose her bare breasts and invited everyone to touch them. What crime has she committed?
Public Intoxication
SCENARIO: A woman sat on a park bench and drank out of a wine bottle in a brown paper bag. After several minutes, she passed out. What crime has she committed?
Unlawfully Causing a Fire
SCENARIO: A women was driving through the a state park. She threw her lit cigarette in the dry bush, causing a fire. What crime did she commit?
What is the Felony Murder Rule?
States that malice aforethought may be implied when a killing happens during the following crimes: Arson, Robbery, Burglary, Mayhem, Train Wreck, Rape, Carjacking, Kidnapping, or a Drive By Shooting.
What are the elements of burglary (459 PC)
The entry to a building or specified structure with the intent to commit theft of any felony. (second degree) (felony)
Judicial Review
The power held by the judicial branch that permits it to review actions of the legislative and executive branches of government and declare void acts it finds are in violation of the Constitution
Accomplice
The principal testifies for the prosecution against another principal
who are peace officers responsible to protect
The public The Juvenile
Incident response priorities
The three main public safety priorities are: 1. Life vs. property -life takes precedent over property or evidence -incident stabilization 2. CS protection 3. Preservation of evidence.
What are the elements to the crime of murder? (187 PC)
The unlawful killing of a human being or fetus with malice aforethought.
What are the elements to the crime of Voluntary Manslaughter? (192 PC)
The unlawful killing of a human being without malice upon a sudden quarrel or heat of passion.
What are the elements to the crime of Kidnapping? (207 PC)
The unlawful taking of a person against his or her will by force or fear from one place to another.
What are the elements to the crime of False Imprisonment? (236 PC)
The unlawful violation of the personal liberty of another.
What does Right of Way VC 21963 protect?
a pedestrian totally or partially blind who is carrying a white cane with or without a red tip, or using a guide dog shall have the right of way
what is Escape?(836.6(a)),(836.6(b)) & (4530(a)),(4530ba))
a person who attempts to escape or escapes from from the custody of an officer or jail, they must know that or reasonably should know that they are under arrest. - escaping from an officer without violence is a misdemeanor - escaping from an officer WITH violence that causes serious injury is a felony - escaping from jail or prison with or without violence is a (felony) "escape early"
Define "unlawful corporal punishment or injury"
a situation where a person willfully inflicts any cruel or unusual punishment or injury resulting in a traumatic condition
Define "Willful cruelty or unjustifiable punishment of a child"
a situation where a person willfully permits or causes a child to suffer, mental or physical, or permits a child to be placed in a situation such that the child's health is in danger
what is an explosive?
a sudden and rapid escape of gasses released when an unstable solid or liquid is converted to a stable gas.
A peace officer is not permitted inside a residence without
a warrant, exigent circumstances or valid consent from the occupant
what is the occupational licensing database? what info is needed to search?
every person or business that holds an occupational license. contains firm files: licensed to organizations individual files: licensed to person to search need: -dealer license plate number, firm, or individual record ID #
what are the DMV databases?
driver license/ID card vehicle/ vessel registration parking/toll violation occupational licensing international registration plan
Penal Code 11167 says what?
ensures that the identity of a person reporting child abuse shall be kept confidential. Only CPS, counsel representing a CPS agency, DA in a criminal prosecution
what is rescue? (PC4550)
helping to or attempting to help someone to escape prison or jail or officer having lawful custody (felony)
what are the two types of explosives?
high and low both are distinguished by the rate at which they burn
625 W&I
juveniles have to be advised of their rights when taken into custody without a warrant and are disobedient or truant, violated an order of juvenile court, violated law or ordinance, or escaped from commitment ordered by juvenile court.
a minor can be taken into custody if he or she habitually refuses to ____________
obey reasonable orders of a parent or guardian or is habitually truant from school.
What are the responsibilities of the first responding officer when arriving on an unusual occurrence:
officer is to: -assume command -establish a perimeter -isolate the hazard -maintain ingress/egress control -initiate appropriate notifications
Name some anesthetic gases:
Ether, chloroform, nitrous oxide
Great Bodily Injury (GBI) / Great Bodily Harm (GBH) requires
medical treatment
any person who violates PC502 can be subject to:
- criminal prosecution - civil liability - agency disciplinary action
A minor is in secure detention whenever he or she is:
- detained in a locked room or other secure enclosure - secured to a cuffing rail or some other fixed object - or reasonably restrained as necessary to prevent escape and protect the minor and others from harm
Possession of Child Pornography is penal code
311.11 PC (misdemeanor or felony with prior convictions)
Phase 4 of WMD incident
4. Restoration Phase: -Involves issues such as the restoration of essential services.
traumatic condition
Even a slap, if there is a mark, is considered a
traumatic condition
Even if there are no marks, a complaint of pain is a
failure to keep CLETS information confidential can result in what?
- disciplinary action - termination -criminal action - civil action
What are the important areas of a beat an officer should have knowledge of?
* Critical sites (schools, airports, hospitals, etc.) * Hot Spots (high crime areas, isolated or low traffic areas, and traffic choke points) * Potentially dangerous areas (flood zones, local hazards, railroad crossings) * Information gathering and partnerships.
What are the components that comprise communities?
* Families * Individuals * Neighborhoods * Schools * Elected officials * Businesses * Media * Social organizations * Religious Institutions * Law Enforcement
What is probation?
* Is administered by county probation departments. * It is a suspended sentence. * Imposed by the courts * supervised by county probation officer * Penal Code Section 1203
Describe what an Indictment is
* Is an accusation in writing formally charging a person with a crime of public offense.
What are the criminal motives for vehicle theft?
* Joyriding * Transportation * Instrument of another crime * Profit
What are the three offenders of burglary?
* Juvenile - mischief or needless destruction * Amateur - monetary reasons to satisfiy a personal need (drug habit) * Professional - highly skilled and make a living at it.
What are Local Government Jails responsible for?
* Oversee the operation of detention facilities that confine people - awaiting trial - sentenced to less than one year
what are the components of community inventory?
* Partners - those who actively participate in the processes of identifying problems. * Stakeholders - community partners who have a vested interest * Community collaboration - is a strategy for identifying, addressing, and preventing problems.
What constitutes grand theft (487 PC)?
* Property exceeding $400 * Agriculture exceeding $100 *Aquaculture exceeding $100 * Property taken over 12 months totaling $400 * Property taken from the person of another * Certain livestock * Motor vehicles * Firearms * Petty theft with a prior of theft and jail time (666 PC)
What are community expectations of the police?
* Quick response * Fair and equal enforcement * Arrest criminals * Provide professional service * Empathy
Describe what bail is
* Right to Bail - to permit the unhampered preparation of a defense before a trial. * A security deposited with a competent court of magistrate
What are the elements of SARA
* Scanning * Analysis * Response * Assessment
What are the key elements of developing TRUST?
* Truth * Respect * Understanding * Support * Teamwork
What is a grand jury?
* Used in indictment process to bring serious felony criminal cases to trial. * Their responsibility is to determine sufficient cause to believe that a person has committed a crime and should stand trials * The grand jury indictment is filed with - superior court by district attorney - then the court issues a warrant for arrest - then the defendant is held for arraignment
What are some noncriminal explanations for missing vehicles?
* borrowed * forgotten permission * domestic disputes * repossession * storage / impounded * misplaced
What are the conditions of parole?
* comply with all instructions by parole officer * can not travel more than 50 miles * can not be absent from their county for more than 48 hrs. without approval. * have to inform parole officer of employment changed within 72 hrs. * Can not engage in conduct prohibited by law and must inform parole officer is arrested. * can not own a weapon or ammo, or a knife longer than 2 inches * Officer must know parole conditions before search
What are the objective of corrections?
* confine prisoners * rehabilitate prisoners * supervise parolees and probationers in the community * assure victim's rights
What are the responsibilities of a police officer in the community?
* maintain order * enforce the law * prevent crime * deliver service * educate and learn from the community * work with the community to solve probelms
What are the conditions of probation?
* must comply with all instructions and maintain contact with probation officer. *no alcohol or intoxicants *no association with specified individuals *can not possess a firearm or other weapons * Probationers may have to - server time in jail alternative to prison -pay a fine -make restitution -secure a bond -participate in work projects -submit to drug tests -submit to warrantless searches
What are some government expectations of police officers?
* reducing and controlling crime * providing community service * enforcing the law * reducing or eliminating civil liability * problem solving
What are some of the goals of Community Policing?
* reducing crime * reducing fear of crime * improving quality of life * increasing community awareness, involvement, and responsibility * increase local government involvement in problem solving.
What are the two extraordinary powers given to law enforcement?
*The power to arrest *The power to use deadly force
What does the ABC and K classification of fires mean?
- Ash - Barrel - Current - K: vegetable or animal oils used in commercial deep fat fryer units
background investigations include?
- California dept of justice fingerprint checks - FBI fingerprint checks
What are the types of fires?
- Structure - Vegetation - Vehicle
a minor must be informed of the following at the time he or she is securely detained:
- allowance of two phone calls within one hour - purpose of secure detention - length of time the secure detention os expected to last and - 6 hour maximum time limit
What kind of situations could a minor and an adult prisoner
- booking - medical screening - inmate worker performing his or her duties - movement of people in custody communication is not allowed between a minor and an adult prisoner. in situations in which a minor an adult are in the same room or area, there must be a facility staff person trained in the supervision of inmates in constant side by side presence with either the minor or the adult
the legislature does not intend to ____________ when intervening into the life of a minor
- disrupt family - intrude inappropriately into family life - prohibit reasonable use of parental discipline - prescribe a particular method of parenting - limit the offering of voluntary services to those families in need of assistance
a Peace Officer has the authority to take into temporary custody, without a warrant, a minor who...
- has an immediate need for medical care - in immediate danger of physical or sexual abuse - has been left unattended or is in the physical environment which may pose an immediate threat to the to the minors health or safety - comes within the jurisdiction of the court - is a ward of the court, has violated or escaped a court ordered commitment - is found in a public place suffering from any sickness or injury - a child is habitually truant
APB'S are used for what?
- major identifiable property items - crimes against persons when their mode of operation or vehicle can be described sufficiently - missing persons - death or funeral information of personnel killed int he line of duty
what information is summarized under CORI?
- name - DOB - physical description - fingerprints - photographs - summary of arrests - pretrial preceedings - the nature and disposition of charges - sentencing - incarceration - rehabilitation - release
What are narcotic analgesics?
- narcotic analgesics are drugs which can be synthetic or natural -Used to relieve pain and effect a comparatively weak general CNS depression (sedation) - very addictive; can produce withdrawal symptoms when stopped after chronic use examples: - opiates (Demerol, methadone, Darvon) - Vicodin - Percodan
when determining which disposition to make, the officer shall select the least restrictive alternative for the juvenile while providing for the safety or the juvenile and the community options to the peace officer include:
- release - release to parent or guardian - deliver to school or youth services or community center - prepare a promise to appear and giving on copy to the minor and one to the responsible adult - deliver to the juvenile probation dept.
when can CLETS be used for "free messages"?
- request for records validation - request for prisoner pickup or transport - notice of meetings, training or announcement messages - request for mail back information from databases - information about surrounding the death of another officer in the line of duty
what are potential dangers that are inherent in a post blast scene?
- secondary explosive device - booby traps - structural weaknesses - broken gas mains - downed power lines - released hazardous materials
what are the categories of segregation for juveniles?
- solely dependent children - status offenders - wards
individuals authorized physical access to CLETS terminal may be:
- sworn law enforcement personnel - non sworn law enforcement personnel - technical personnel
What is the appearance in packaging of prescription stimulants?
. Colors of pills and tablets can be found in anyt baggies, tinfoil, files, or even bottles
Classes of prisoners who may require special care or protection:
...
Domestic Violence/Abuse exceptions. Officers are required to take a person before magistrate, if the arrest is for:
1. A misdemeanor violation of a protective court order involving domestic violence as defined in PC 13700. 2. Is pursuant to agency policy for responding to domestic violence calls per PC 13701.
Factors that can affect a peace officer's response when threatened with danger: Reasonable fear
1. A sudden or erratic movement by a subject, 2. The sight of a weapon in a subject's possession, 3. The knowledge that a person is in danger of bodily harm 4. A sudden sound produced outside of the officer's field of vision 5. Unresponsive, unexpected response to the officer's action
Local critical infrastructure sectors
1. Agriculture, 2. Food, water, Public health 3. Emergency services 4. Government 5. Defense industrial base 6. Info and telecomms. 7. Energy 8. Transport 9. Banking and finance 10. Chem industry and hazmats. 11. Postal and shipping.
Elements of a Lawful Arrest
1. An arrest may be made by a peace officer or private person (PC 834) 2. The arrested person must be taken into custody, in a case and in the manner authorized by law. (PC 834) 3. An arrest may be made by actual restraint of the person, or by the person's submission to the officer's authority. (PC 835) 4. Reasonable force may be used to make an arrest, prevent escape, or overcome resistance. (PC 835a)
Factors that can affect a peace officer's response when threatened with danger: Unreasonable fear
1. An emotional response to a traumatic event 2. Generalization of past trauma (such as being bitten by a dog as a child or suffering a painful gunshot wound) 3. Personal prejudice against people of a particular race, religion, ethnic group, etc. 4. Overall anxiety as a result of uncertainty about one's own skills and expertise.
General PO responsibilities in custodial situations
1. Assuring that there is a lawful basis for custody 2. Protecting the constitutional and statutory rights of the arrested person while that person is in the officer's charge. 3. Maintaining the care, custody, and safety of the arrested person until that person is processed into a local detention facility. 4. Maintaining officer safety, and 5. Handling those responsibilities necessary to facilitate the processing of the arrested person into a detention facility.
Knock and notice exceptions:
1. At scene, officer is given consent. 2. When exigent circumstances exist. 3. The officer possesses a "no knock" warrant.
What are appropriate officer actions when responding to animal control problems?
1. Attempt to locate animal 2. determine if animal is dangerous 3. protect public safety 4. Notify animal control 5. avoid head shots to suspected rabid animals( head should be preserved for rabies test)
The types of chemical WMD and toxic industrial chemicals/materials pt. 3
1. Blood agents (cyanides) are chemical substances which inhibit the exchange of oxygen to the cells through the bloodstream. The disruption of the normal oxygen process causes rapid and labored respiratory arrest, and finally death. -Exposure can be from absorption, inhalation, ingestion and injection. -Odor of bitter or burnt almonds or peach pits. 2. Choking agents (pulmonary) include common industrial chemicals such as chlorine and phosgene. Exposure to these chemicals may cause eye and airway irritation, dypsnea, chest tightness, and delayed pulmonary edema. These agents can also cause death if exposure levels are sufficient.
The components of the National Incident Management System (NIMS)
1. Command and Management: In an incident management organization, the command staff consists of the IC and the special staff positions of PIO, Safety Officer, Liaison Officer, and other positions as required, who report directly to the IC. They may have an assistant or assistants as needed. NIMS uses the ICS for the official command structure. 2. Preparedness, The range of deliberate critical tasks and activities necessary to build and sustain operational capability. Preparedness is a continuous process involving efforts at all levels of government, between government and private sector and nongovernmental organizations. 3. Resource management, Five key principles: ADVANCE PLANNING, preparedness organizations working together before an incident to develop plans for managing and using resources. RESOURCE ID AND ORDERING, using standard processes and methods to ID, order, mobilize, dispatch and track resources. CATEGORIZING RESOURCES, by size, capacity, capability, skill and other characteristics. USE OF AGREEMENTS, developing pre-incident agreements for providing or requesting resources. EFFECTIVE MANAGEMENT, using validated practices to perform key resource management tasks. 4. Communications and information management, 5. Supporting technologies, Interoperability and computability, systems must be able to work together. Tech support, All organizations using NIMS will be able to enhance all aspects of incident management and emergency response. Technology standards, national standards will facilitate interoperability and compatibility of major systems, Broad Based Requirements, NIMS provides a mechanism for aggregating and prioritizing new technologies, procedures, protocols, and standards, strategic planning, R&D, the NIC will coordinate with the DHS to create a national R&D center. 6. Ongoing management and maintenance.
The five functional components of ICS
1. Command: Overall policy and guidance for the incident, incident commander, deputy IC, and unified command. 2. Operations: Commonly organized by functional branches, implements the action/operational plan to deal with the incident, allocates resources to the incident, communicates with field units and other command centers. 3. Planning and intelligence: Collect, evaluate and disseminate information, prepare an action/operational plan, maintain documentation of the response effort, prepare demobilization plans, may incorporate tech specialists, responsible for situational reporting. 4. Logistics: Provide resources to the overall operation, support the responders. 5. Finance/Administration: Administrative concerns, compensation and claims, begin documentation to support disaster claims, generally the last section to be staffed out.
Elements of a warrantless misdemeanor arrest
1. Committed by a juvenile (WIC, 625) 2. DUI (CVC 40300.5 and 40600) 3. Carrying a loaded firearm on person or in a vehicle while in any public place (PC 12031(a)(4)(A)). 4. Violating a domestic protective or restraining order, when the officer was responding to a call alleging the same (PC 836(c)), (mandatory arrest). 5. Committing an assault or battery on a spouse, cohabitant, or a parent of their child (PC 836(d)). 6. Committing an assault or battery on school property while school is in session (PC 243.5)). 7. Committing an assault or battery against a working firefighter, EMT, or mobile intensive care paramedic (PC 836.1). 8. Carrying a concealed firearm at an airport (PC 836(e)(1)(2)).
Elements of a warrantless felony arrest
1. Committed in officer's presence (PC 836(a)(1)) 2. Committed a felony, not in officer's presence. (PC 836(a)(2)) 3. Committed a felony, regardless of whether or not the felony was, in fact, committed. (PC 836(a)(3))
The features of ICS
1. Common Terminology: Position titles and organizational units are standardized. 2. Modular Organization: The system adjusts to the needs of the incident, functional units are staffed as needed, when any unit is not staffed, responsibility for that function remains with the next higher level, develops from the top down, flexible to meet complexity and scale of incidents. 3. Integrated Communications: A communication plan is established for each incident, frequency designations, call-signs, SOP. 4. Incident Action Plan: The IAP is developed for each operational period which is usually 12 hours, an operational period is a designated segment of time which varies with the incident, an IAP sets forth, goals, objectives, specific assignments, operational resources, the IAP provides uniform guidance to all response elements. 5. Unity of Command: Reporting relationships are clearly understood, no matter what position you are assigned to, you have one "boss." 6. Span of Control: The number of individuals or resources that one supervisor can manage effectively, range 3-7, optimum is 1 supervisor to 5 individuals or resources. 7. Designated Incident Facilities: ICP, one ICP per incident, houses the IC and command staff, planning and comms, agency representatives, staging area, personnel and equipment temporarily assigned for deployment. Base, logistic and Admin are coordinated and located, Camp, resources that support the bases, Helispot, temporary locations at an incident, Helibase, location where air operations are conducted. 8. Comprehensive resource management: Consolidated control of resources, reduces communication load, reduces self-assignment, maximizes use of limited resources.
The benefits of ongoing physical and mental training for peace officers involving the use of force:
1. Confidence in an officer's abilities. 2. Correct responses 3. Mental alertness and concentration 4. Control over body and emotions Note: Without continual training, physical skills deteriorate.
What are the general behavioral indicators associated with all developmental disabilities?
1. Confused/ disoriented 2.Slow response to questions 3. Slurred speech or other speech disorders 4. muscle control difficulty 5. seizure disorders 6. Lethargy 7. self-endangering behavior 8. inappropriate responses to a situation 9. lack of awareness of dangerous situations
The legal and administrative consequences associated with the use of unreasonable force
1. Criminal action: Face criminal charges for unreasonable use of authority or force 2. Civil lawsuits: Face compensatory and punitive damages 3. Civil rights violation: Be held accountable for civil rights violations 4. Administrative or agency action: Be subject to disciplinary actions including dismissal 5. Moral impact: Suffer the consequences of guilt and embarrassment.
The liabilities for an officer who shows callous disregard for an arrested person's safety
1. Departmental discipline (including termination) 2. State prosecution for violation of P.C. statutes. 3. Federal prosecution for violation of federal civil rights law, and or 4. Civil lawsuits which may include punitive damages levied directly against individual officers.
Examples of acceptable techniques for managing anger
1. Depersonalize what people say or do. 2. Identify anger inducing scenario 3. Developing problem-solving solutions 4. Recognizing the onset
What are the behavior indicators specific to Autism?
1. Difficulty relating to people 2. Aversion to being touched, especially by strangers 3. may act as if hurt when touched lightly, while ignoring painful injuries 4. avoidance of eye contact 5. may cover their eyes or ears to prevent unpleasant stimulus 6. may be fascinated by shiny objects 7. repetitive movements 8. few social skills 9. severely impaired communication skills 10. repeats what others say 11. their routine must remain exactly the same 12. possible limited intellectual ability 13. tantrums, self stimulation/mutilations 14. eating non food items or objects
Some facts required to establish probable cause
1. Direct investigation/reports. 2. Circumstantial evidence, or 3. Second-hand statements from reliable sources. Note: Officer experience will come into play in recognizing probable cause.
Delayed intervention techniques
1. Discussion 2. Admonishment 3. Training
What is the role of a peace officer when interacting with a person with a disability?
1. Do not attempt to diagnose a person's disability 2. Recognize indicators in order to make appropriate decisions regarding intervention strategies 3. Observe the person's behavior in order to determine what might be prompting the observed behavior
Types of waivers (Miranda)
1. Express - Answers yes or no to proceeding questions 2. Implied - Acknowledges understanding, and proceeds 3. Conditional - willing to go forward, but places limitation/qualification on answering questions
What are some of the behavioral indicators associated with people affected by mental illness?
1. Fearfulness 2. inappropriate behavior 3. extreme rigidity or inflexibility 4. excitability 5. Impaired self care 6. Hallucinations 7. delusions 8. disorganized speech, thought patterns, or disorientation 9. depression
Constitutional rights and protections afforded to an arrested person while in an officer's charge
1. Freedom of religion 2. Freedom of speech 3. Right to speedy trial 4. Right to legal counsel. 5. Protection from cruel and unusual punishment 6. Right to due process 7. Right to equal protection
Local critical infrastructure sectors, potential targets:
1. High occupancy events or locations such as: theme parks, stadiiums, tourist attractions. 2. Symbolic targets such as: National landmarks, historical monuments, political events. 3. Targets of single issue terrorists such as: Abortion providers, embassies, consulates, residences, religious sites. 4. Targets of radical environmentalists such as: genetic research, biotech, fur breeders, firms doing animal research. 5. Key assets such as: Firehouses, LE facilities, Utility towers.
Knock and notice, exigent circumstances:
1. Hot pursuit 2. Imminent threat to: Life, property 3. Suspect attempting to flee 4. Someone inside is destroying evidence or contraband
The components of the State of California Standardized Emergency Management System
1. ICS 2. Operational Area Concepts 3. Mutual Aid Agreements/Plans 4. Multi Agency Coordination When requesting mutual aid, the following conditions must exist: 1. An emergency must exist or be imminent, 2. The requesting agency must have reasonably committed the majority of available, on duty personnel to the incident. 3. There must be a mission to be performed.
PC 834a, Force that is reasonable and necessary during arrest
1. If necessary to make arrest 2. Prevent escape 3. Overcome resistance
The types of chemical WMD and toxic industrial chemicals/materials
1. Incapacitating agents: CS, CN, CR, OC irritants. Not usually lethal. 2. Toxic Agents: Nerve, blister, choking, blood. Indicators of attack: Dead plants, dead or dying animals, numerous dead or sick victims, presence of visible vapor cloud, reports of strange odors. Factors affecting a chemical attack: 1. Humidity 2. Temperature 3. Precipitation 4. Wind speed 5. Buildings and terrain 6. Chemical persistency Chemical persistency: heavier chemicals will hug the ground and collect in confined spaces. Signs and symptoms of nerve agents: 1. Salivation 2. Lacrimation (excessive tearing) 3. Urination 4. Defecation 5. Gastrointestinal distress 6. Emesis (vomiting and dry heaves) 7. Myosis (constricted pupils)
Warrantless arrest releases, arresting officer must...(PC 849(b))
1. Insufficient grounds for criminal complaint 2. Person arrested for intoxication only and no further proceedings are desirable. 3. Person arrested only for being under influence of a drug, or controlled substance, delivered to hospital or treatment facility, and no further proceedings are desirable.
Information that must be given to the detainee at time of arrest.
1. Intent: Must tell person that he/she is under arrest 2. Cause: Must tell person reason for the arrest. (warrant or name of offense.) 3. Authority: A non-uniformed officer must show identification. A uniformed officer and/or marked car satisfies this requirement (no ID required). A private person must state his or her authority to make the arrest. Note: Arresting or detaining a foreign national for more than two hours must advise individual they have the right to contact their consulate; and the officer's agency must notify the consulate of the arrest or detention (PC 834(c))
What are appropriate officer actions when responding to hazardous road conditions?
1. Isolate effected area 2. advise EMS of alternate route when responding to calls 3. Contact media to broadcast road detours 4. notify utility company, public works, fire, hazardous material personnel
The basic on-scene actions at a WMD incident
1. Isolation: Protect scene integrity, control ingress/egress. 2. Identification: Reporting on hazards, conditions, persons, situations of interest, and relevancy. 3. Notification: Requesting appropriate support services, ensuring that key persons and agencies are alerted. 4. Protection/mitigation: Taking action to protect persons and property, protecting the environment, preventing further damage or injury. 5. Documentation: Creating records and reports, obtaining photographs, diagrams, videos to memorialize scene conditions, and physical evidence. 6. Transition: Appropriately handling incident responsibility over to other individuals and agencies, providing information, conducting individual and group briefings. Typically all the aforementioned actions will be occurring during the response phase of a WMD incident.
Reasonable force as stated by law must be:
1. Judged from the perspective of a reasonable officer 2. Examined through the eyes of an officer on the scene at the time the force was applied, not the 20/20 vision of hindsight. 3. Based on the facts and circumstances confronting the officer without regard to the officer's underlying intent or motivation 4. Based on the knowledge that the officer acted properly under the established law at the time. Note: Rooted in 4th amendment case law, and penal code 835a.
Knock and Notice Elements, (PC 1531)
1. Knock or otherwise announce presence 2. Identify self as peace officer 3. State purpose 4. Demand entry 5. Wait a reasonable amount of time, and 6. If necessary, forcibly enter premises.
What are the behavior indicators specific to Cerebral Palsy?
1. Loss of motor control 2. use of mobility aid such as a wheel chair or service dog( not all have mobility aids) 3. limited range of motion 4. involuntary, jerky movements 5. slow/slurred speech 6. Limited sensation of touch or pain 7. Persons IQ could be of a child or of a genius.
What are examples of Developmental disability?
1. Mental retardation 2. Cerebral palsy 3. Autism 4. Epilepsy
Counterterrorism measures
1. Monitor substances used in weapons 2. Survellance 3. Increase security on key dates 4. Counter-surveillance 5. Car stops, ped stops, FI cards, report writing 6. Increased awareness of suspicious behavior, investigation 7. Mitigate with response procedures 8. Increase media awareness of specific terrorism problem. 9. LE investigation 10. Government must maintain a strong appearance.
Elements of a warrant arrest
1. Name of defendant 2. Crime accused of 3. Time warrant issued 4. City or county from which warrant is issued 5. Signature of the issuing authority with the title of office 6. Name of court or other issuing agency, and 7. Amount of bail
Arrest warrants must contain:
1. Name of defendant 2. Crime that defendant is suspected of committing, 3. Date of the warrant 4. City or county where the warrant is issued, 5. Signature of the issuing authority with the title of office, 6. Name of the court or other issuing agency, and 7. Amount of bail.
What are appropriate officer actions when responding to gas leaks?
1. Notify utility, public works, fire 2. direct responding units from upwind 3. eliminate/restrict ignition sources 4. never enter area or touch anything until safe
Officer actions before, during, and after an identification procedure to prevent impermissible law enforcement suggestiveness during interviews
1. Obtain as detailed and complete a description of the suspect as possible from the victim or witness before any identification process. 2. Tell the victims or witnesses that a. They should keep an open mind b. The person who committed the crime may or may not be among those present. 3. Maintain an appearance of neutrality before, during, and after the actual viewing. 4. Separate multiple victims or witnesses both before, during, and after the identification process.
Purposes for interrogation
1. Obtaining an admission or confession 2. Identifying individuals involved in a crime. 3. Establishing a person's guilt 4. Corroborating the facts of a crime, and 5. Obtaining information that could lead to recovery of evidence or property.
Exceptions to giving arrested individual info
1. Perp actually committing the offense. 2. Suspect attempts to escape.
Exceptions to misdemeanor cite and release.
1. Person so intoxicated he/she was dangerous to self and others. 2. Person required med-exam or medical care, otherwise unable to care for own safety. 3. Person arrested under one or more circumstances in CVC 40302, 40303. 4. One or more outstanding arrest warrants for person. 5. Person could not provide satisfactory evidence of personal identification. 6. Prosecution of the offense(s) for which person arrested would be jeopardized by immediate release. 7. Likely to repeat offense immediately upon release. 8. Person arrested demanded to be taken before a magistrate, or refused to sign promise to appear. 9. Reason to believe person would not appear at time and place signed.
What are the categories of Physical Disabilities?
1. Physical 2. Developmental
What are the behavior indicators specific to Mental Retardation?
1. Poor communication skills 2. Shortened attention span 3. Poor sense of time 4.Immature social relationships 5. Overly compliant 6. Difficulty with simple tasks 7. Poor understanding of consequences of actions
Phase 1 of WMD incident
1. Prevention and deterrence phase: -This is the pre-incident period when public safety agencies have been successful in either dissuading a terrorist from perpetrating an act or when an actual pre-incident interdiction has occurred. -With the passage of SB1350 and the development of the resultant LE response to terrorism course, CA requires the need for every LE first responder in the state to have training related to terrorism pre-incident indicators and basic threat assessment concepts. -The spirit behind this effort and the recognition of this phase is to ensure that information which is potentially indicative of terrorist activity is recognized and reported in a timely fashion.
Legal Requirements for seizure of plain view items
1. Probable Cause 2. A lawful right to be in the location, and 3. Lawful access to the item
Appropriate Actions During Detention: Common Actions
1. Questioning person about identity and conduct. 2. Contacting other individuals to confirm explanations, verifying identification, or determining whether the person is wanted. 3. Checking premises, examining objects, or contacting neighbors or other individuals to determine whether a crime (e.g. pc 459, burglary) actually occurred. 4. Bringing the victim to the suspect for identification purposes. 5. If suspect flees during detention, he may be arrested under PC 148.
Statutory rights and protections afforded to an arrested person while in an officer's charge
1. Reasonable religious freedom 2. Right of attorney visitation 3. Right to any physician or psychiatrist to visit in order to assist in prisoner defense. 4. Right to make at least 3 phone calls within first three hours of arrest. 5. Right to retain civil rights: -Inherit, own, sell, or convey real or personal property -Correspond confidentially with a member of the state bar or public office, -Purchase, receive, and read newspapers, periodicals, and books accepted for distribution by USPS, with some liits -Initial civil actions, -Marry, -Create a power of appointment, and -Make a will.
Department of Homeland Security threat levels
1. Red: Severe risk of terrorist attack. 2. Orange: High risk of terrorist attack 3. Yellow: Significant risk of terrorist attack 4. Blue: General risk of terrorist attack 5. Green: Low risk of terrorist attack.
Appropriate responses to Consensual Encounters.
1. Requesting information (including identification, and personal information) 2. Interviewing witnesses at the scene of a crime or accident. 3. Conversing Casually, and disseminating information.
Miranda Warnings: Components, and admonishment.
1. Right to remain silent 2. Anything you say may be used against you in court 3. You have the right to an attorney before and during questioning 4. If you cannot afford an attorney, one will be appointed for you free of charge, before questioning, if you wish. Ensure they understand the warnings, then allow them to invoke, or waive their right.
Exceptions to powers of arrest
1. Stale misdemeanor 2. Full diplomatic immunity
Intelligence resources
1. TLO 2. State terrorism threat assessment center 3. CA state warning centers 4. Federal terrorism screening center 5. Regional joint terrorism task forces 6. Regional terrorism assessment center.
Factors required to establish sufficiency of fear for the use of deadly force. Penal Code Section 198
1. The circumstances must be sufficient to excite the fears of a reasonable person in like circumstances. 2. The person must not act under the influence of fear alone. There has to be some circumstance or overt act apart from the officer's fear. 3. The decision to use deadly force must be made to save one's self or another from GBI or death.
6 contents of a search warrant
1. The names of all those who have sworn that the facts presented as probable cause are true 2. The statutory grounds for issuing the warrant 3. Descriptions of the places and/or persons to be searched 4. Descriptions of the things or property to be seized 5. The magistrate's signature 6. The date issued 7. An indication by magistrate if nighttime service is authorized
What are the two categories of mental disability?
1. Thought disorders 2. Mood disorders
Fatal errors officers can make that jeopardize their safety while performing custodial duties
1. Tombstone courage 2. Fatigue 3. Bad position 4. Bad attitude 5. Ignoring danger signs 6. Failure to watch hands 7. Relaxing too soon. 8. Bad use of restraint devices 9. No search, or poor search 10. Poor weapon maintenance.
What are appropriate officer actions when responding to an aircraft crash?
1.Maintain a safe position 2. conduct initial assessment 3.secure the area 4. assume command 5. call either FAA OR MILITARY depending on aircraft.
What are the categories of mental illness?
1.Thought disorders( delusions, irrational fears, or see visions) 2. Mood disorders( depression, excitement aka mania.)
The effects of toxic industrial chemicals/materials
1. Toxic industrial chemical materials are commonly found: -Chem manufacturing plants, -Food processing facilities, -Transportation centers, -Storage tanks and facilities, -Airports, -Barge terminals, -Pumping stations, -Mining operations, -Pesticide manufacturers and distributors, -Educational, medical, and research labs. Possible effects: 1. Acute: headaches, nausea, respiratory failure, dry-land drowning, oxygen displacement, temporary or permanent blindness. 2. Chronic: Tumors, blood poisoning, long term respiratory inhibition, leukemia, sterility, permanent blindness.
Facts an officer should consider when determining whether or not to use deadly force:
1. Training and experience 2. Judgment 3. Mental alertness 4. Emotional maturity 5. Existing facts and circumstances 6. Understanding of the law as it relates to: agency policies concerning the use, amount of force that is objectively reasonable to achieve the law enforcement mission.
Factors that may inhibit peace officer from intervening in a situation where a fellow officer may be applying unreasonable force
1. Transfer of responsibility 2. Rationalization 3. Self doubt Psychological factors: 1. Unfamiliar with fellow officer 2. Inexperience with proper action to remedy the situation 3. Feeling that intervention is someone else' responsibility 4. Peer pressure 5. Personal problems 6. Fearing consequences, such as being ostracized. 7. Fear of reaction from senior officers, field training officers, or supervisors.
What are the indicators that lead an officer to believe a person is Deaf or hearing impaired?
1. Use of signing 2. hearing aids 3. signal dog 4. difficulty speaking 5. failure to respond
The types and characteristics of improvised explosive devices.
1. Vehicle bombs: power devices, usually triggered with timer or remote. 2. Pipe bombs: Most common explosive device, opposite of vehicle bombs when it comes to size and destructive potential 3. A timing fuse usually controls detonation 4. Satchel charge: An explosive device consisting of a canvas pack containing explosives, can be thrown, container may be packed with materials such as nails and glass to inflict more casualties. 5. Suicide bombers: Human borne bombs are utilized extensively throughout the world. Though they have not yet reached the USA, plots have been interdicted. Ultimate smart bomb, because the bomber can pick the exact location and time for the greatest impact.
Immediate intervention techniques
1. Verbal 2. Physical/touch 3. Restraint
A person with a disability is a person who cannot perform a Major Life Activity easily. What are Major Life Activities?
1. Walking 2. seeing 3. hearing 4. speaking 5. breathing 6. learning 7. Performing manual tasks 8. Thinking or concentrating 9.Interacting with others 10. Working
Reasonable officer standard (bonus)
1. Would another officer, 2. With like or similar training and experience, 3. Facing like or similar circumstances, 4. Act in the same way or use similar judgment?
Emergency Response Guide (ERG)
1. Yellow pages list the four digit ID number, which may be displayed upon a transportation placard. Looking this number up provides the name of the material and directs the user to the appropriate guide number(GN). 2. GN directs the user to the orange section of the ERG which is also listed numerically. GN page provides useful information such as: potential hazards, public safety info, such as protective clothing recommendations, evac distances, first aid measures, and emergency actions for fires, spills and leaks. 3. Blue pages of the ERG contain an alphabetical listing of the materials by name. 4. If material is listed in either the yellow or blue sections of the ERG is highlighted, and there is no fire, the LE first responder can go directly to the green section of the ERG for information concerning isolation and protective action distances.
What are appropriate officer actions when responding to an electrical power emergency?
1. all wires are "on" 2. be aware of electrocution/ exposure to hazardous materials from damaged transformers 3. don't touch 4. call utility company 5. notify EMS, public works and hazardous material response personnel
What are indicators that would lead an officer to believe a person with mental illness is a danger to self or others?
1. availability of weapons to the person 2. statements made by the person that suggest that he/she is prepared to commit a violent or dangerous act 3. violent history of the person 4. signs of violence at the scene prior to the officer arriving 5.begging to be left alone or offering frantic assurance that one is fine may suggest that a person is close to losing control
What are appropriate officer actions when responding to traffic device malfunctions?
1. evaluate the need for intervention 2. use appropriate warning devices 3. notify traffic signal maintenance, public works 4. request resources... barricades etc
What are appropriate officer actions when responding to floods?
1. initial assessment 2. stay away from flood water 3. update communication of ongoing conditions 4. Notify Public works, Fire, public utility, railroad company 5. establish detours 6. use barricades, barrier tape, cones etc. 7. assist with evacuation
What are appropriate officer actions when responding to an earthquake?
1. locate survivors 2. assess area for damage and conditions requiring emergency action 3. use caution when inspecting hazards 4. isolate hazards 5. establish detours if needed 6. limit ingress/egress to authorized people 7. ensure appropriate notifications to communications 8. utilize alternative communication systems if necessary. such as cell phone network, CB and HAM Radios, Airborne Communications.
What are some methods an officer can use when communicating with a person who is deaf or hearing impaired?
1. notepads 2. hearing aids 3. lip reading only with skilled lip readers. 4. sign language translators 5. TTY/TDD
What are the indicators that lead an officer to believe a person is Blind or visually impaired?
1.. Service animals 2. canes 3. jerky eye movements 4. milky eyes 5. no eye contact 6. odd positioning of head 7. person holding onto arm of another person who appears to be sighted.
Suspected Child Abuse reporting requirements
11166 PC mandates to report any incident of which they have direct knowledge, have observed or reasonably suspect a child has been a victim of child abuse
What are the specific rules for the crime of lewd and lacivious acts with a child 288?
13 or under touching by anyone - 14 or 15: sexual touching when the suspect is 10 or more years older than victim - 16 or 17 other crimes may apply.
What is the age of consent in California
18. (this is why two minors cannot have legal consensual sex)
Phase 2 of WMD incident
2. Notification Phase: -When information is transmitted to public safety agencies concerning the event. It is the point of first discovery that something has happened. -Ends with the arrival of the first responding public safety unit at which time the incident is considered to move into the response phase. Depending upon the scope of the incident, the response phase may continue for a protracted period of time. -Important considerations: Selection of an appropriate approach route, planning initial response actions, and mentally preparing to survive the incident.
Unlawful sexual intercourse is
261.5 PC, any sexual intercourse with a minor (even by another minor) who is not married to the perpetrator
Suspect willfully does something to harm, injur or endanger a child
273a PC (felony if great bodily harm)
Suspect willfully does or allows a child to do something that causes great bodily harm
273a PC Felony
Willfully anything other than great bodily harm to a child
273a PC Misdemeanor
Penal code for physical abuse of a child
273d PC
Willful physical abuse of a child causing great bodily injury
273d PC (felony)
Penal code for Lewd or Lascivious Acts with a Child
288 PC
implied
2nd degree murder requires a _____ malice aforethought.
Phase 3 of WMD incident
3. Response Phase: -As the name would imply, the phase is the period when public safety agencies are literally responding to the scene to provide services such as rescue, incident stabilization support, protection of property, etc. Although this is no longer considered the notification phase per se, further "notifications" will continue to be made during the response phase to summon specialized resources, mutual aid, or other necessary resources.
Phase 5 of WMD incident
5. Recovery Phase: -Relates to the re-building of the target location to as close as to a pre-incident condition as is realistically possible.
juveniles can be detained in a facility that also contains adults no more than ______________
6 hours for the purposes of; - investigating the case - facilitating the release of the minor to a parent or guardian or arranging for a transfer to an appropriate juvenile facility
Annoying or molesting children is
647.6 pc. An act committed against a person under 18 which would annoy any reasonable person
exempt from CCW
>18 In California Not prohibited by law May: purchase, own, possess, carry open or concealed, any concealable firearm Within their: Residence, Business, Private property,Recreational events, Media production,Transporting a firearm lawfully
Public
A repossessor may only take control of the vehicle if its in _____ domain.
12020: unrecognizable blade weapons
Belt buckle knife Lipstick case knife Cane sword Air gauge knife Writing pen knife
Yes
A crappy vehicle worth 250.00 dollars was stolen. Is this a felony?
Misdemeanor
A crime of lesser gravity than a felony, punishable by a fine and/or imprisonment in a county jail
Wobbler
A crime that can be punished either as a felony or misdemeanor
Describe what "right to bail" is
A defendant's constitutional right to * reasonable bail -to permit the unhampered preparation of a defense before trial.
limitations
A dependent adult has physical or mental _____.
Detention VS. Arrest
A detention is a temporary stop by assertion of authority by a peace officer. It is limited in scope, intensity, and duration. An arrest is the taking of a person into custody, in a case and in the manner authorized by law. Custody is the key word; it implies the person making the arrest has full control.
Length of Detention
A detention must be temporary and last no longer than is necessary to resolve the reason for the stop. A legal detention may turn illegal if extended beyond what is reasonably necessary under the circumstances. If person answers all questions about the suspicious circumstances satisfactorily, so that suspicion decreases or disappears, the person must be released.
Grand Theft
A felony depending on the value or type of the property stolen.
What is the Romberg test?
A field sobriety test that uses an individual's estimation of time to determine whether the body's internal clock is normal?
Criminal Negligence
A inconsiderate act that is aggravated or reckless, and constitutes indifference to the consequences
What does sentencing mean?
A judgment that is formally pronounced by the court * upon the defendant - after conviction - in a criminal prosecution
What are depressants?
A large number of different drugs all of which are named for the ability to dampen the central nervous system activity while carrying a relatively weak analgesic effect. Alcohol is a subcategory of depressants that affect the central nervous system it is the most common depressant drug
Describe what a preliminary hearing is
A screening procedure used in felony cases to determine: * if there is enough evidence - to hold a defendant for trial
Probable Cause
A set of facts that would cause a person of ordinary care and prudence to entertain an honest and strong belief that the person to be arrested is guilty of a crime. Probable cause is required before an arrest is made and is based on the totality of the circumstances.
Felony
A man was convicted for a second theft. Will he be facing a felony or misdemeanor charge?
Involuntary Manslaughter
A man was in his suburban backyard with a high-powered rifle, practicing shooting into a cardboard target. He hit the target, but the bullet continued into a neighbor's house where it hit and killed the neighbor. What crime has the man committed?
Criminal Intent
A mental state or frame of mind that the person knowingly did the particular criminal act.
What is a constricted pupil?
A narrowing of the pupil diameter to it with less than 2.9 mm.
temporary
A person being arrested for the crime of vehicle theft must have driven or taken the vehicle on a permanent or _____ basis.
Unlawful Fighting
A person fights in a public place or challenges another person in a public place to fight.
Public Intoxication
A person found in any public place under the influence of intoxicating liquor, drugs, controlled substance, or toluene to the extent he/she cannot care for his/her own safety or the safety of others.
Vandalism
A person maliciously damages, destroys, or defaces any real or personal property of another person.
Using Offensive Words
A person uses offensive words in a public place which are inherently likely to provoke an immediate violent reaction.
What is the white cane law?
A person who is visually impaired or blind is not required to carry a white cane and has all the rights and privileges as a person who does not have a disability.
Obstruction of a Public Way
A person willfully and maliciously obstructs the free movement of another person or any street, sidewalk, or other public place.
Citizen's arrest, Authority
A private person is authorized to make both felony and misdemeanor arrests (PC 834 and 837). The conditions are similar to P.O. arrests regarding the use of force and information that must be supplied to arrestee.
Define the term problem
A problem are two or more incidents that are similar in nature causing harm or are capable of causing harm. It is also something police are expected to do something about.
control
A subject has completed the crime of carjacking once he or she has _____ over the vehicle.
No
A vehicle was broken into with the doors locked and windows rolled down. Is this a burglary?
Battery
A willful and unlawful use of force or violence upon the person of another.
Maliciously
A wish to vex, defraud, annoy or injure another person or an intent to do a wrongful act.
traumatic condition
A wound or external or internal injury, whether of a minor or serious nature, caused by physical force.
Types and levels of Personal Protection Equipment (PPE) and decontamination considerations
A: fully encapsulated and vapor tight, chemically protective SCBA suit. B: SCBA, full coverage, not vapor tight. C: Gas mask, basic suit with gloves, boots, and hood, only short term and limited splash protection is provided. D: Clothing which provides nuisance protection only and no protection from the effects of a WMD agent. Ex: LE uniform, tactical clothing, or a dust mask. Considerations: All items leaving the "hot" or contaminated area must be decontaminated. This includes corpses. Some items cannot be decontaminated so must be contained in place until they can be destroyed (leather, unfinished wood, paper, and some types of cloth.)
484e PC
ACCESS CARD THEFT
The definition of terrorism.
According to US Title 22, section 2656f(d): Premeditated, politically motivated violence perpetrated against noncombatant targets by sub-national groups or clandestine agents usually intended to influence an audience. DOJ: A violent act or an act dangerous to human life, in violation of the criminal laws of the US or any segment to intimidate or coerce a government, the civilian population, or any segment thereof, in furtherance of political or social objectives.
Aids and Abets
Actively assisting, supporting, promoting, encouraging, or instigating in the commission of a crime by act or advice.
What are the responsibilities of a judge?
Administer justice in a fair and impartial manner applying the facts of the law
Admission VS. Confession
Admission is a partial piece of the puzzle, whereas a confession is the entire crime picture from a person's perspective.
When to administer Miranda Warnings:
Adults: When in custody, and about to be interrogated. Juveniles: When in custody.
The characteristics of nuclear/radiological WMD agents
Advantages: 1. Materials are generally available. 2. Renders EMS virtually ineffective. 3. Potentially devastating to people and buildings. 4. Inherently feared and carries psychological impact. 5. Difficult for LE and other first responders to counter. 6. Creates mass casualties. Disadvantages: 1. Heavy material, difficult to transport 2. Short term effects from exposure take time to manifest 3. Dangerous to deploy 4. Requires numerous difficult steps to create a fission reaction. 5. Extremely expensive to make, it is considered beyond the capabilities of other than state-sponsored terrorist organizations.
Conditions necessary for legally obtaining blood samples
Affidavit for warrant must demonstrate: 1. Probable cause that the test results will show evidence of a crime, and 2. The removal will be conducted by trained medical personnel in accordance with accepted medical practices
Prisoners in transit
After being presented with a legal en route prisoner commitment document, a local detention facility can accept a person for temporary confinement.
Define the crime of indecent exposure.
An act in which a person willfully and lewdly exposes their private parts where there are others present to be offended - Penal Code section 314-the crime is a misdemeanor unless the person has been previously convicted of: lewd acts with a child indecent exposure or if they enter an inhabited dwelling without consent.
Drawing, exhibiting Laser pointer or scope
Aims or points threatening w/ intent to cause fear or apprehension MISDEMEANOR
Name local law enforcement agencies
Airport Police County Marshal Housing Police Municipal Police School District Police Sheriff's Departments Transportation Police Port Authority
intent
All crimes require criminal ______.
Codes
All current statues or ordinances enacted by a legislative body
What constitutes petty theft (488 PC)?
All other thefts not categorized as grand theft.
Principals
All persons involved in the commission of a felony or misdemeanor
Petty Theft
All thefts that are not grand theft
spontaneous statements
Always be sure to record ___________ __________.
Summarize narcotic analgesics:
And opiates are some of the most commonly abused narcotic analgesics
What are the elements to the crime of Prowling? (647(h) PC)
Any person who loiters, prowls, or wanders on private property of another, at any time, without visible or lawful business with the owner or occupant.
What are the elements of trespassing (602 PC)?
Any person who enters an occupies real property of structure of any kind without the consent of the owner, the owner's agent or the person in lawful possession, or refusing to leave upon request. (misdemeanor)
Prowling
Any person who loiters or wanders on private property with out visible or lawful business.
Peeping
Any Person loitering or wandering on private property and looking into doors or windows without lawful business.
unjustifiable
Any ____ physical pain or mental suffering brought upon an elder or dependent adult is a crime of elder or dependent adult abuse.
Inadmissible Statements
Any confession or admission is inadmissible by the courts when: It violates the 4th, 5th, 6th, or 14th amendments.
243 (e)(1)
Any of the DV relationships, without injury, are a (misdemeanor)
Legal Framework: Peace officer's authority to use reasonable force during a detention or arrest. PC 835a
Any officer who has reasonable cause to believe that the person to be arrested has committed a public offense may use reasonable force to effect an arrest, to prevent escape or to overcome resistance. A peace officer who makes or attempts to make an arrest need not retreat or desist from his efforts by reason of the resistance or threatened resistance of the person being arrested; nor shall such officer be deemed an aggressor or lose his right to self-defense by the use of reasonable force to effect the arrest or to prevent escape or to overcome resistance. 1. Effect arrest 2. Prevent escape 3. Overcome resistance.
what are the elements to the crime of Public Intoxication? (647(f) PC)
Any person in a public place under the influence of alcohol or drugs, and who is unable to care for his or her own safety or the safety of others or is obstructing a public way. - MISDEMEANOR
Define "child"
Any person under 18 years old
What are the elements tot he crime of Disturbing the Peace? (415 PC)
Any person who challenges to fight or fights in a public place, willfully and maliciously disturbs by loud unreasonable noise, or uses offensive word in a public place likely to provoke an immediate violent reaction. - MISDEMEANOR
dominant aggressor
Arrest the ________ _________.
LE First Responder roles and responsibilities associated with responding to a critical incident
As a general rule, LE first responders must understand they will start to handle the situation with almost no resources, but they are on the way. The FR needs to be concerned with officer safety, attending to casualties, setting up some kind of perimeter, and establishing a command post. As resources arrive, LE FR's will be the person who briefs incoming personnel, deploys them and takes command of the situation. The LE FR's actions and decisions will set the tone for the overall conduct of the operation. More than anything LE FR's must understand they will be on their own with only on-duty personnel available to help and assist them. In the case of local emergencies, assistance in the form of LE, fire, and medical will begin to arrive within minutes, but for major events that require state and federal assistance it will take more time to respond. It is critical that LE FR's take command of the situation using Emergency Management Command Systems. It is essential that LE FR's understand the basic tenants of the ICS, the State of California Standardized Emergency Management System (SEMS), and the NIMS.
PC 149
Assault by a Public Officer -Every public officer who, -Under color of authority, -Without lawful necessity, -Assaults or beats any person. Class: Felony
Felony
Assault with a deadly weapon or by means of force is a misdemeanor or felony?
Define the crime of intent to commit rape or crimes covered in Penal Code section 220
Assault with a specific intent to commit mayhem, rape, sodomy, oral copulation, lewd acts with a child, rape in concert,spousal rape or penetration with a foreign object - Penal Code section 220
what is CORI
Criminal Offender Record Information (CORI) - these are summaries of criminal history records often called "rap sheets"
What is the Board of Prison Term responsible for?
BOPT * Responsible for administering parole conditions of prisoners 18 yrs or older.
12020: blade weapons
Ballistic knife Shuriken Shobi-zue
Fourteenth Amendment
Basic right of a defendant in a judicial proceeding The requisites for a trial (due process) Right to equal protection of the laws
Misdemeanor
Batter upon an individual is a felony or misdemeanor?
serious
Battery causing/inflicting _____ bodily injury means a serious impairment or physical condition.
When is Battery a felony? (243c(1) PC, 243d PC)
Battery is a felony when: * the act is against a specified person and results in treatable injury. * the act causes/inflicts serious bodily injury
Misdemeanor
Battery on a sport official is a misdemeanor or felony?
The importance of a peace officer's neutral role during an identification procedure
Because it is a violation of a defendant's constitutional right to due process to be convicted on the basis of an unduly suggestive identification process, peace officers must not suggest in any way to the victim or witness that a person to be observed during an identification process committed the crime.
Emergency Protective Restraining Order
Before leaving the scene offer the victim an _________ __________ ___________ _______.
Biological WMD agents
Bio WMD agents are disease causing organisms, or the toxins produced by living organisms. Examples include: Anthrax, Botulium Toxins, Brucellosis, Cholera, Clostridium Perfringens, Hemorrhage Fevers, Meliodosis, Plague, Q-Fever, Ricin, Rift Valley Fever, Saxitoxins, Staphyllococcal Enterotixins B, Trichothecene Mycotoxins, Tularemia, Venezuelan Equine Encephalitis (VEE).
The types of chemical WMD and toxic industrial chemicals/materials pt. 2
Blister agents (also called vesicants)are designed to cause red skin, blisters, eye damage, respiratory damages, and gastrointestinal damage. Their effect on exposed tissues is similar to a corrosive chemical such as lye or sodium hydroxide. Most blister agents will cause a delayed reaction. This is problematic for LE first responders who may be unaware of exposure until skins and symptoms present themselves. IT IS CRUCIAL THAT LE 1-RESPONDERS UNDERGO DECON WHENEVER THERE IS A POSSIBILITY OF EXPOSURE TO BLISTER AGENT! Exposure is rarely fatal unless the respiratory system is involved. Respiratory protection is vital. Lewisite, a blistering agent, was specifically designed to cause an immediate and painful reaction. (odor of geraniums)
What are general indicators of alcohol use?
Bloodshot and watery eyes, odor of alcoholic beverages, loss of coordination, and/or slurred speech.
What are some of the general indications someone is under the influence of cannabis?
Bloodshot or reddening of the eyes, eyelid and body tremors, debris residue in the mouth, dry mouth, loss of sense of time and space, diminished inhibitions, difficulty in concentrating or disorientation, increased appetite, odor of burnt marijuana, and or green or yellow coating on the tongue
What is the intent of the Americans with Disabilities Act of 1990 and Rehabilitation Act of 1973?
Both were written to provide clear and comprehensive mandates for the elimination of discrimination against individuals with mental and physical impairments. (Stops discrimination of a person with disability)
Marijuana is usually packaged according to its weight, describe those packaging types.
Brick - 1 kg (2.2 pounds or greater) plastic bag-1 pound plastic baggie- 1, 1/2, 1/4, 1/8 of an ounce
Prohibited locations
Bring or possess weapon in: State or local public building or meeting required to be open to public FELONY School or school safety zone (firearm) Kindergarten through 12th grade playgrounds and youth centers(no safety zone) FELONY Non-firearm on school grounds Include k-12th grade and colleges Dirk, dagger, knives over 2.5 inches, unguarded razors, tasers, stun guns, instrument expelling metal projectile, paint guns Concealed or unconcealed FELONY
PC 4574(a)
Bringing a firearm, deadly weapon, or explosive into a local detention facility. -Any person who, -Knowingly: brings or sends into, or assists in bringing into or sending into -A local detention facility, -Any: firearms, deadly weapons, or explosives. Or -Any person who, -While lawfully confined to a detention facility, -Possesses any, -Firearm, deadly weapon, explosive, or tear gas or tear gas weapon. Class: Felony (Tear gas exception, misdemeanor, unless released in facility)
PC 422.6(a): California's Equivalent
Broader than U.S. Code, Title 18, Section 242, expounds upon not using force or threat, willfully injuring, basing judgments on national origin, disability, sexual orientation or gender... bla bla bla.
What does heroin look like?
Brown - consistency varies from tiny pebbles to coarse face powder a vinegar like odor, and color varies from dark gummy brown to tan tar - consistency of black or brown tar and also has a vinegar like odor
What is the appearance in packaging of MDMA (ecstasy)?
Brown crystallize powder or tablet form in various colors is usually inserted into gelatin capsules or tablets stamped with a popular logo
What is the appearance and packaging Peyote?
Buttons which are ground into brown granular substance and inserted into gelatin capsules
Authorized possession of striking weapon
By law enforcement Private security guards: must have received training and have shoulder patch Animal control officers who have received training
any
Criminal Protective Orders take precedence over ___ other existing order.
Definition: Force option
Choices available to a peace officer in each agency's policy to overcome resistance, effect arrest, prevent escape, or gain control of the situation.
what is CLETS
California Law Enforcement Telecommunications System
What is CARPOS? What info required to inquire?
California Restraining and Protective Order System -Info on restraining orders involving: -Domestic violence cases, criminal, juvenile and civil orders, and orders from out of state registered in CA - includes info of those not allowed to buy firearms info required: - Name and sex or -File control number
Statutory
California criminal law is required to be ______.
English common law
California's legal system is based partly on ______.
12020: other prohibited weapons
Camouflaging firearm container Multi-burst trigger activator Large capacity magazines Assault weapons: Unless...1-15 Specialty ammunition Flechette dart Explosive bullet Concealed explosives
Yes
Can a fist be a deadly weapon?
No
Can a man be charged with felony battery on a police officer if he broke his nose while the officer kept repeatedly striking him while he was on the ground unarmed?
Yes
Can homicide be lawful?
Present Ability
Capability to accomplish the act of applying force.
No
Carjacking requires the intent to only permanently deprive the person in possession of the vehicle?
What causes traumatic neurologically based disorder?
Caused by injury to brain or spinal cord.
What are amendments?
Changes made to the U.S. Constitution to further clarify the rights of individuals.
Altering ID marks on firearm
Changes, alters, removes, or obliterates Name of maker, model, Manufacturers number, or other distinguishing number or mark assigned by DOJ On firearm Without permission of DOJ FELONY If buy, receive, dispose of, sell or offer for sale, or possess weapon MISDEMEANOR
Yes
Child abduction without or with custodial rights are both felonies?
273.6
Civil restraining order violations use _____ PC.
what are the different classes of fires and how do you extinguish them?
Class A - Common Combustibles (Wood, Paper, Cloth, Fibers) Class B - Flammable Liquids; Petroleum Based Materials (Gasoline, Oil/Grease, Solvents, Flammable Gasses, Cooking Oils,Vinyls and some plastics) Class C - Energized Electrical Equipment (Generators, Appliances, Wiring, Energized ("hot") electrical panels Class D - Combustible Metals (Aluminum, Magnesium, Titanium, Phosphorus, Potassium)
International terrorist groups
Classification: 1. State sponsors of international terrorism 2. Formalized terrorist groups 3. Loosely affiliated international radical extremists Tactics: 1. Bombings 2. Hijackings 3. Assassinations Targets: 1. Symbolic targets 2. Mass destruction 3. Mass casualties International terrorists view terrorism as a tool of foreign policy and engage in anti-western terrorism activities by fund raising, organizing, networking, and providing other support. State sponsors include Iran, Syria, Sudan, Cuba, and North Korea.
Necessary conditions and scope of Probation/Parole Searches
Conditions for Probation: Not every probation has a search condition, and not all search conditions are the same. However, assuming the probationer has a search condition permitting searches for "X" by P.O.'s, the search for "X" may be undertaken without any reasonable suspicion of criminal activity. Conditions for Parole: Officer must know about the parole conditions before the search. An officer may conduct a parole search without reasonable suspicion, but cannot conduct a parole search for arbitrary, capricious or harassment reasons. Scope of Probation search: Depend on the specific terms of the probationer, which may be as broad as parole conditions. Scope of Parole search: Parolee's person, residence, and any other property under their control (ex: backpack, vehicle, etc.)
Responsibilities of the arresting or transporting officer and custodial personnel regarding medical care pre-screening of prisoners before being accepted into a local detention facility
Conditions for pre-screen med: 1. Diabetic shock, 2. Head injury, 3. Severe bleeding, 4. Drug overdose, 5. Unresponsiveness or unconsciousness, or 6. Chest pain Notifying custody personnel: 1. Injuries, 2. Illness 3. Possible drug OD 4. Mental incapacitation 5. Suicide risk, or 6. Whether the person requires medication. 7. Taser, OC spray, Carotid exposure, baton.
Conditions necessary for legally obtaining fingerprints
Conditions: 1. Consent, or 2. Probable cause of criminal activity, or 3. Arrest
(Vehicle) Necessary conditions and scope of Instrumentality Searches
Conditions: 1. Crime was committed inside the vehicle, or 2. The vehicle was the means by which the crime was committed (e.g. hit and run) Scope: If search undertaken without a warrant, the scope will be determined by the nature of the evidence being sought. That is, officers may search any part of the vehicle where the object(s) they are looking for might reasonably be located. If undertaken pursuant to a warrant, the scope is determined by the terms of the warrant.
Necessary conditions and scope of Exigent Circumstance Searches:
Conditions: 1. Imminent danger to a person's life or safety 2. Serious damage to property, 3. Imminent escape of a suspect, or 4. Imminent destruction or removal of evidence Scope: Primary purpose of officer entry is to attend to the emergency situation. After entering the premises, officers may conduct a search only if it is reasonable to believe a search is necessary to secure the emergency.
Necessary conditions and scope of Searches Incident to Arrest
Conditions: 1. Probable cause for a lawful arrest exists 2. The suspect is taken into custody, and 3. The search is contemporaneous with the arrest Scope: 1. A full search of the arrestee's person, 2. Containers on the arrestee's person, and 3. The nearby physical area that was under the immediate control of the arrestee (referred to as "within arm's reach") Note: To be legal, the search incident to arrest must be contemporaneous with the arrest: 1. At or near time of arrest, although either can precede the other, 2. At or near the place of the arrest, and 3. While the arrestee is still on the scene
(Vehicle) Necessary conditions and scope of Protective Searches
Conditions: 1. The driver or other occupant is being lawfully detained, and 2. The officer reasonably believesw, based on specific facts, that there may be a weapon (lawful or unlawful) or item that could be used as a weapon, inside the vehicle. Scope: 1. Only for weapons or potential weapons 2. In the passenger compartment of the vehicle, 3. Where the occupant(s) of the vehicle would have reasonable access to a weapon or the item that could be used as a weapon.
Necessary conditions and scope of Cursory/Frisk/Pat Searches (weapons only)
Conditions: 1. The person must be lawfully detained for investigative purpose, and 2. The searching officers must be able to articulate specific facts which caused them to reasonably believe the person is dangerous or may be carrying a weapon. Scope: 1. Outer clothing 2. For weapons or potential weapons only. Reaching inside: 1. The object reasonably felt like a weapon or something that could be used as a weapon, or 2. The subject's clothing is so rigid or heavy that the officer could not rule out the possibility of a weapon or potential weapon.
(Vehicle) Necessary conditions and scope of a Vehicle Inventory
Conditions: 1. The vehicle must be in the lawful custody of law enforcement, and 2. The officer conducts the inventory pursuant to a standardized agency policy. Scope: (Very broad) 1. Under the seats, 2. Glove compartments, 3. Consoles, 4. The trunk, and 5. Closed containers Purpose: Not for obtaining evidence, but rather, taking note of personal property. However, if during the course of an inventory, officers discover evidence of a crime or contraband, they may lawfully seize it.
Requirements for Warrantless bodily intrusion searches and seizures
Conditions: 1. Valid consent from the suspect (not unreasonably intrusive too) 2. Implied consent: A person who drives a motor vehicle in California has given implied consent for chemical testing (blood, breath, or urine) without a warrant. (vc 23612) Consent is implied if persons are driving a motor vehicle and are lawfully arrested for DUI. Requirements: 1. Probable cause to arrest 2. Probable cause to search 3. Exigent circumstances, and 4. A need that outweighs the intrusiveness Exigent Circumstances may depend on stable/evanescent evidence. Officer's may seize evidence from a person's body without a warrant if it reasonably appears the evidence will be lost or destroyed if the officers wait to obtain a warrant.
(Vehicle) Necessary conditions and scope of Consent Searches
Conditions: 1. Voluntary consent 2. Each officer is responsible for knowing his agency policy or consent searches, and 3. Obtained from a person with the authority (or apparent authority) to give that consent. Scope: May search only areas of the vehicle they reasonably believe the consenting person authorized them to search.
Necessary conditions and scope of Consent Searches:
Conditions: 1. Voluntary, and 2. Obtained from a person with apparent authority or to give that consent Scope: P.O.'s may search those places and things they reasonably believe the consenting person authorized them to search. As long as the search remains within the scope given, officers may seize any crime-related evidence which they discover.
(Vehicle) Necessary conditions and scope of Probable Cause searches
Conditions: 1.The vehicle must have been lawfully stopped, or otherwise be lawfully accessible, and 2. The officers must have enough facts, knowledge, training, or experience to provide probable cause that the item they are seeking will be found inside the vehicle. Scope: (might reasonably be located, not limited to) 1. Passenger compartment, 2. The glove compartment, 3. The hood, 4. The trunk, 5. Any closed personal containers (including locked containers)
Possession of firearm by convicted felon
Convicted of a felony or Narcotic addict FELONY
Ordinances
County and municipal codes or statues
Circumstances for custody: Court documents (e.g., warrants, court orders, etc.)
Court commitment documents must contain:: 1. Signature of magistrate or court clerk. 2. Court case number/docket number. 3. Violation, and 4. Bail or sentencing information.
What are some common "street" names for methamphetamine/amphetamine?
Crank, meth, wired, water, batu, shabu, Crystal, speed, go fast, rice, glass, ice
What is CHS? What info required to inquire?
Criminal History system -includes Master Name Index (MNI) of all individuals with digital or paper records with DOJ -to access CHS must have -Criminal ID and Info # or disposition number -if you don't have access MNI w/ - name, sex, and DOB/age Files may be automated(digital), manual(paper), or hybrid(both) Contains info crimes w/ or w/o conviction
what is CJIS?
Criminal Justice Information System available through CLETS and maintained by CA DOJ available databases are divided between persons and property
The role of agency policies regarding the use of deadly force
DF use is strictly controlled by agency policy. Officers must conform to agency policy, federal, and state law. Some issues regarding the use of DF addressed by agency policies include, but are not limited to: 1. Defense of self and others against GBI or death 2. Use of warning shots 3. Shooting at: nonviolent fleeing felons, juveniles, moving vehicles 4. Shooting from a moving vehicle 5. Intentional strikes to the head or neck with an impact weapon.
Did You Exchange Spit
DUES stands for (definition of an intimate relationship)
What are the responsibilities of a defense attorney?
Defend the accuse Defend the rights and privileges of citizens
Forgery
Defrauding by signing the name of another or of a fictitious person.
Summarize depressants:
Depressants can be in the form of capsules, tablets, liquid or pills. They are usually packaged in bags, bottles, or files. The most commonly abused depressant is alcohol
U.S. Code, Title 18, Section 242
Deprivation of rights, under color of law. This law makes it a federal crime, punishable by a fine or imprisonment up to one year, or both: for any person, acting under color of law, to willfully deprive any person of any legal right, or to subject any person to a different punishment or penalty, based on that person's color, race or citizenship status.
Detention VS. Consensual Encounter.
Detention: Assertion of authority by an officer causing the detainee to believe he is NOT free to leave. Legal: MUST HAVE REASONABLE SUSPICION!!! Consensual Encounter: Face to face contact with a person, which causes a reasonable person to believe they are free to leave or otherwise not cooperate. Legal: No justification required, so long as the officer is in a place he has a legal right to be.
What things need to be collected for evidence and a sexual assault?
Discarded items or articles, contraceptives of any form and their packaging, binding or other restraint materials, fingerprints, hair and debris, lubricants, material such as bedding, clothing and towels, biological fluids,information found through a sexual assault medical examination, victims fingerprints, blood samples for DNA from the subject, blood sample for alcohol testing a drug screening of the subject?
Unlawfully discharging firearm
Discharging a firearm in grossly negligent manner FELONY
A person taking PCP may exhibit the following symptoms:
Disorientation, sensory distortions and paranoia, loss of memory or loss of sense of personal identity, slow slurred repetitive or fragmented speech, blank or catatonic stare hallucinations, chemical odor on person, feeling of extreme heat or profuse perspiration, high tolerance of pain, the cyclic behavior, convulsions, and/or muscle rigidity or an unusual gate
No
Does 1st degree murder require a implied malice aforethought?
No
Does assault with a deadly weapon or by means of force require contact on the victim in order to convict?
No
Does public place mean an area that can be seen by others?
No
Does public view mean any area that is accessible to the general public?
Yes
Does the crime of battery require actual contact with the victim's items closely associated with the victim's person such as clothing?
273.5
Domestic Violence (Felony) is _____ PC. Applies to (current or former) spouse or intimate cohabitant with visible injuries.
243 (e)(1)
Domestic Violence Battery (Misdemeanor) is ______ PC. Applies to current or former dating or engaged, with or without injury
dangerous
Domestic Violence calls are extremely _________ for law enforcement.
control
Domestic Violence is a form of _______.
severity
Domestic Violence typically increases in frequency and ________.
misdemeanor 243
Domestic Violence, regardless of the relationship, with no injuries or complaints of pain, is a
disputes
Domestic ________ are disagreements between family or household membert that DO NOT involve violence, threats of violence, or court order violations.
A person using an inhaler and may have a feeling of euphoria, exaggerated well-being, vigor, and high spirits. This may be replaced with drowsiness and disoriented perception. In addition, the person may exhibit:
Double vision, slurred speech, and poor coordination, headache and nausea, sneezing and coughing, odor of substance on breath, substance around mouth or nose area, feeling of intoxication, possible unconsciousness, hallucinations, excess nasal secretions, and or watery eyes
What is Cannabis?
Dried leaves or buds of the marijuana plant - Can lead to the impairment of the attention process and Kurd Jews changes in appetite and give a floating sensation to the user examples: - marijuana - hashish/hash oils - synthetic (Marinol)
What are Stimulants?
Drugs that increase activity and promote a sense of well-being - Impairs the body by overstimulating the brain, accelerating the heart rate and respiration, and elevating blood pressure examples: - cocaine - amphetamines - methamphetamines
What are hallucinogens?
Drugs that induce intense emotional feelings characterized by a magnification of sensory perceptions and possible visual hallucinations at relatively low doses -Impairs the users ability to perceive reality and often produces a dazed appearance examples: - LSD - MDMA (ecstasy) - peyote - psilocybin
After taking in the press and a person may appear sluggish and somewhat disoriented they may also exhibit:
Drunken behavior with or without the odor of alcohol, drowsiness, slurred speech, droopy eyelids, decreased inhibitions, and or impaired coordination or slowed reflexes.
What are the most common methods of use for different hallucinogens?
Ecstasy - oral by swallowing DMT - inhalation through smoking DET - inhalation or oral LSD - oral or eyedrops peyote - oral or inhalation through smoking Philocybin - oral is the most common the mushrooms are eaten or ground-up input into capsules and swallowed or even made into a tea however you can also smoke them.
Reasonable Expectation of Privacy
Elements: 1. Individuals have indicated that they personally expect privacy in the object or area, and 2. Their expectation is one which society is prepared to recognize as legitimate.
Right to remain silent, reinitiation
Elements: A period of time has gone by, and the officers have some new information, and/or the officers want to ask about a different crime. In any "try again" situation, full miranda advisement must occur again.
Burglary
Entering any designated building or structure with the intent to commit a theft or any felony.
What are the elements to the crime of Child Abduction w/o Custodial Right? (278 PC)
Every person not having the right of custody who maliciously takes, entices away, keeps, withholds, or conceals any minor child with the intent to detain or conceal from a person having lawful custody.
What are the elements to the crime of Child Abduction w/ Custodial Right? (278.5 PC)
Every person who entices away, keeps, withholds, or conceals with the intent to deprive the other person of his or her right to custody or violation.
Penal Code section 290 states:
Every person who has been convicted of a sex crime will for the rest of their life while residing in California or while attending school or working be required to register with the chief of police or sheriff of the county or city in which they are living. - Those persons that fall under this category are those convicted of sex crimes including: rape, rape in concert, oral copulation, penetration with a foreign object, the lewd acts upon a child, spousal rape, sodomy, assault with intent to commit any of the above, indecent exposure, incest, sexual battery, or kidnapping with intent to commit sexual assault.
Documentation during identification process (bonus)
Everything that occurs during the identification process should be noted in the peace officer's report. This includes: 1. A verbatim account of what the victim or witness said, and 2. A description of the victim's or witness' response to viewing the suspect.
Drawing, exhibiting Imitation Firearm
Exhibit imitation firearm in threatening manner in way to cause apprehension or fear MISDEMEANOR
Drawing, exhibiting, or unlawful use of Firearm in or around Vehicle
Exhibiting firearm at vehicle to create apprehension or fear FELONY Permitting a firearm to be brought into vehicle by other MISDEMEANOR
Routes of exposure and the assessment of WMD exposure
Exposure: 1. Inhalation 2. Ingestion 3. Absorption 4. Injection Assessment: Signs: Seizures, uncontrolled vomiting, etc. Symptoms: Abdominal pain, blurred vision, etc. Incubation periods vary with immunal health. Rate of action: Time between exposure and lethality, VX nerve agent can kill within minutes of exposure.
CARRIES LOADED FIREARM W/ INTENT TO COMMIT FELONY
FELONY
Discharging at a person not in vehicle
FELONY
Discharging from vehicle
FELONY
Permitting a person to discharge from vehicle
FELONY
Willfully and maliciously discharge at: Inhabited dwelling, house car, or camper Occupied building, vehicle, aircraft
FELONY
Willfully and maliciously discharge at: Unoccupied aircraft, vehicle or Uninhabited building or dwelling
FELONY
Conditions for searching a suspect's person
Factors supporting reasonable suspicion that the person may be carrying a weapon or pose a danger: 1. Person's clothing (bulge, or heavy coat on a hot night). 2. Person's actions (trying to hide something, or being overly nervous). 3. Prior knowledge of a person for carrying weapons or of violent behavior. 4. Isolated location so officers are unlikely to receive immediate aid if attacked. 5. Time of day (a dark moonless night may increase risk). 6. Reason for detention (serious, violent, or armed offense). 7. A search of detainee's companion revealed a weapon. 8. Ratio of individuals to officers.
Breach of Contract
Failure to comply with terms of a contract
365
Felony mandates ______ days or more in local jail or prison.
spouse, cohabitant or common child
Felony relationships include:
Manufacturing or distributing child pornography is a
Felony, 311.1(a) PC
What is the definition of an unknown object?
Foreign objects substance, instrument, device, or any part of the body including the penis if it is not known what instrument penetrated the body.
Felony
Forgery is a felony or a misdemeanor?
Terrorism indicators
Formation or increase in group membership: 1. Recruitment flyers 2. Rallies/meetings 3. Websites 4. Documents/statements Fundraising: 1. ID thefts 2. Forged checks 3. Business scams 4. Robberies 5. Buglaries 6. Drug sales 7. Extortion
Fifth Amendment
Freedom from being tried twice for the same crime Freedom from self incrimination
Eighth Amendment
Freedom from excessive bail Freedom from cruel and unusual punishment
First Amendment
Freedom of religion Freedom of speech Freedom of the press Freedom of assembly Right to petition the government for a redress of grievances
Fourth Amendment
Freedom of unreasonable search and seizures
dating
Frequent, intimate associations, independent of financial considerations.
What is the appearance and packaging of Psilocybin?
Fresh or dried mushroom caps or stems that come in clear plastic baggies
What are the two ways a user smokes opiates?
Heroine is smoked by using tinfoil, referred to as "chasing the Dragon," and opium is smoked by using an opium pipe
Penal Code Section 196, justifiable Officer Homicide
Homicide is justifiable when committed by public officers and those acting by their command in their aid and assistance, either: 1. In obedience to any judgment of a competent court. 2. When necessarily committed in overcoming actual resistance to the execution of some legal process, or in the discharge of any other legal duty, or 3. When necessarily committed in retaking felons who have been rescued or have escaped, or when necessarily committed in arresting persons charged with a felony, and who are fleeing from justice or resisting such arrest Note: There ARE CONDITIONS which must be met in order for the above to be true. (3): A threat to life must exist, and/or the subject could not have been taken by using other than deadly means.
D.I.D. have what?
Horizontal Gaze Nystagmus - present D - dissociative Anesthetics I - Inhalents D - Depresants
What are the signs and symptoms of someone under the influence a hallucinogen?
Horizontal gaze nystagmus -- generally not present Vertical gaze misdiagnose -- not present lack of conversion -- not present pupil reaction -- normal pupil size -- dilated (maybe constricted with chronic use) pulse rate -- elevated Romberg test -- fast
What are the signs and symptoms displayed by those under the influence of narcotic analgesics?
Horizontal gaze nystagmus -- not present Vertical gaze misdiagnose -- not present lack of conversion -- not present pupil reaction -- little or no visible reaction pupil size -- constricted below 3 mm pulse rate -- below normal Romberg test -- slow
What are the signs and symptoms related to stimulants?
Horizontal gaze nystagmus -- not present Vertical gaze misdiagnose -- not present lack of conversion -- not present pupil reaction -- slowed pupil size -- dilated (maybe constricted with chronic use) pulse rate -- elevated Romberg test -- fast
When someone is under the influence of cannabis what are some of their signs and symptoms?
Horizontal gaze nystagmus -- not present Vertical gaze misdiagnose -- not present lack of conversion -- present pupil reaction -- normal with a rebound and dilation pupil size -- dilated or maybe normal pulse rate -- elevated Romberg test -- distorted
When tested what will the person under the influence of PCP exhibit?
Horizontal gaze nystagmus -- present Vertical gaze misdiagnose -- present lack of conversion -- present pupil reaction -- normal pupil size -- normal pulse rate -- elevated Romberg test -- distorted
When someone is under the influence of an inhalant what symptoms will they display when tested?
Horizontal gaze nystagmus -- present Vertical gaze misdiagnose -- present lack of conversion -- present pupil reaction -- normal to slowed pupil size -- near normal pulse rate -- elevated Romberg test -- normal to slow
A person under the influence of a depressant will display what symptoms when tested?
Horizontal gaze nystagmus -- present Vertical gaze misdiagnose -- present (only in high doses) lack of conversion -- present pupil reaction -- slowed pupil size -- near normal pulse rate -- down Romberg test -- slow
Imminent Escape: Types of pursuit (Bonus)
Hot pursuit: 1. Officer's attempt to detain or arrest the suspect in a public place, but 2. The suspect flees inside a private area Fresh pursuit: 1. There is no physical chase, but 2. Officers are quickly responding to information concerning the suspect's whereabouts, and 3. The officers reasonably believe the suspect's escape is imminent.
Market retail
How is the valure of the property stolen determined?
100.00
How much is ALL stolen agriculture products worth regardless of market value?
Louisiana State University (LSU) WMD Response Guide
How to react to a WMD based on knowledge of the WMD.
What is the Purpose of ICS: -of the officer -components of ICS - Compnents of NIMS
ICS -coordinate operations -coordinate multi-agency responses -establish temporary or permanent command at the scene 5 components of ICS
Yes
If a carjacking ends up with a homicide then would the felony murder rule be taken into account?
Yes
If a garage was being used as a temporary home by family friend and a transient decides to slip into the make shift garage dwelling, would this be a burglary?
Trespassing
If a landlord enters a tenant's premise without permission from the tenant then he is committing which crime?
No, Yes
If a man walks up to a buddy and says "what's up < insert racial slur >" and that is their form of greeting then will that be considered a crime? What if they were in a mall?
Use of Force or Physical restraints during detention.
If a person attempts to leave during a detention, officers may use reasonable force and/or physical restraints to compel the person to remain. The use of force does not necessarily elevate the detention to arrest. Uncooperative individuals may: 1. Be handcuffed, and/or, 2. Be placed in a patrol vehicle.
Felony
If a person commits false imprisonment upon an elder or dependent adult then he/she would have committed a misdemeanor or felony crime?
kidnapping
If a victim was told to move by force and the victim reasonably believes some kind of harm will occur if he and she doesn't cooperate then the force used is sufficient to complete the crime of _____.
Drawing, exhibiting, or unlawful use of Firearm at Daycare center
If commit exhibition of firearm at center FELONY
Drawing, exhibiting, or unlawful use of Firearm in presence of Police officer
If commit exhibition of firearm in presence of officer (officer on duty and ID) FELONY
(Vehicle) Probable Cause Exception
If officers honestly believe they have enough information to obtain a search warrant for a vehicle from a magistrate, it is legal for them to go ahead and search the vehicle without a warrant.
authority
If the matter is only civil, peace officers lack the ______ to force a resolution to the dispute.
Misdemeanor
If you slapped a police officer then you would have committed a felony or misdemeanor battery?
Felony
If you were to break a fireman's nose then would that be a felony or misdemeanor battery?
context
In Stalking and Criminal Threats, ________ is everything.
Plain view search is not a seizure
In a constitutional sense, when an officer sees an item in plain view, from a place the officer has a lawful right to be, no search has taken place. The owner or possessor obviously has no reasonable expectation of privacy for items which are in plain view. Without an expectation of privacy, the owner or possessor has no Fourth Amendment protection.
Circumstances where warrantless searches and seizures are considered reasonable and legal.
In addition to plain view seizures: 1. Cursory/frisk/pat down 2. Consent searches 3. Searches pursuant to exigent circumstances, 4. Searches incident to custodial arrest, and 5. Probation/parole searches
money
Infraction requires ______ from the violator.
occupied
Inhabited means currently used for dwelling purposes, but not necessarily actually _____.
Use of Force during bodily intrusion searches and seizures (swallow prevention)
In general, no bodily intrusion is permissible if the force necessary to do it would shock the conscience. If officers have probable cause to believe there is evidence in a person's mouth, they may use reasonable force to remove it, or to prevent the person from swallowing it. If only minimal force is necessary, the conditions of the search will be upheld. However, if the person refuses to open his mouth or tries to swallow the evidence, or it appears that he is about to swallow the evidence, a problem can arise.
burn
In order for arson to take place an item ( people, wood, cars, etc.) must _____.
additional
In order for kidnapping to occur, the offender must expose the victim to _____ danger because of the movement.
intent
In order to be arrested and charged for possession of flammable or combustible material the subject must have the _____ to willfully and maliciously use the material.
knowingly
In order to be charged with receiving stolen property, the person must _____ buy or receive the property with circumstances such an inadequate price.
deprive
In order to complete a theft, you must have the intent to permanently _____ the owner of the property.
No
In order to convict a subject for vehicle theft, you must prove that the intent was to only permanently deprive the owner of the vehicle..
Knock and Notice, procedure
In order: 1. Announce presence 2. Identify as peace officer 3. State purpose 4. Demand entry 5. Wait a reasonable amount of time (DeRohan 20s) 6. If necessary, forcibly enter.
The characteristics of incendiary devices
Incidents involving the use of incendiary devices are preceded by articulated threats less than 5% of the time. Triggers may include: Chemical, electronic, or mechanical activation. Delivery methods may include: Stationary placement, hand-thrown, self-propelled. Components: The ignition source, the combustible filler, and the housing. Materials: Flares, gasoline and motor oils, light bulbs, matches and fireworks, various electrical parts, propane, plastic pipes, bottles, cans, and other containers.
when would an access into CLETS be necessary?
Include but not limited to: - located information on lost, stolen or recovered Items including vehicles - conducting prelim or ongoing investigations - identifying prior criminal history records - verifying the validity of a restraining order - verify validity of license, registration, vessel registration and/or occupational license - wants and warrants - status or parole or probation - reporting information on missing persons
Response strategies and decontamination issues
Indications that a WMD incident has occurred may include but is not limited to: 911 calls made by individuals reporting a threat or an actual incident, media reports of a threat or incident, medical sources reporting suspicious symptoms or a large number of persons becoming ill with similar or unusual symptomology, a report to a dispatcher from a field officer or firefighter. Decon: Emergency decon: 1. Gross decontamination, brushing off visible contaminates, removal of outer garments, flushing with large quantities of water. -Water is the most commonly used decon agent, large quantities should be used to ensure complete removal of the contaminant, individuals should be concerned about decon run off. Technical decon: can only be performed by trained and certified personnel. Individuals who have undergone decontamination should be medically evaluated.
What are the methods of use for PCP?
Inhalation (most common)-using commercial cigarettes treated with PCP then smoked vegetable material treated with PCP and smoked as a cigarette or any type. Injection-injected into the vein intranasal-powder form inhaled into the nose orally-capsule or tablet form transdermal-through mucous membranes and skin of the body
What is the method used for cocaine?
Inhalation (snorted) injected (called a "speedball" when mixed with heroin)
PC 147
Inhumane or oppressive treatment -Any officer who, -Willfully, -Inhumanely treats or oppresses, -Any prisoner under his/her care or custody. Class: Fine, and termination of employment.
What are some common methods for taking heroine?
Injection-most common snorted as a powder or liquid inhalation-smoked orally-swallowed or mixed with water and consumed as a liquid I drop container.
General Intent Crimes
Intent is presumed and does not have to be proven
abuse
Intentionally and recklessly causing bodily injury is _____.
Spirit of The Law
Interpreting the law in accordance with the intent of the legislative body rather than the literal meaning of the words of the statue
Interview VS. Interrogation
Interview: Process of gathering info from a person who has knowledge of the facts that an officer will need to conduct an investigation. Interrogation: When a peace officer engages in direct/express questioning of a person about a crime, or using words or conduct that is reasonably likely to elicit an incriminating response from a person
What is the method of use for methamphetamine/amphetamine?
Intranasal (snorted -- most common) injected inhalation (smoked with a pipe) oraly (less common than the other three methods)
What is property?
It can include money, labor, animals, crops, or real or personal items.
What is Professional Policing?
It emphasizes officer education and training, policies and procedures and the development of professional standards and behavior.
The importance of training and ongoing practice when responding to potentially dangerous situations that may require the use of force.
It has been established that peace officers, when required to respond in dangerous situations, will revert to the responses they learned in training, Officers' tactical performance may depend entirely on how well and effectively they have trained and practiced required skills and abilities. Without ongoing practice and training, peace officers place themselves and others in jeopardy of injury or death.
What is personal property?
It includes any movable object(s) owned by an individual; all property other than real property.
What is the VIN of a vehicle?
It is a 17 digit number that is unique to a vehicle.
What is the definition of problem solving?
It is a comprehensive planning process that attempts to attain long-term benefits through effectively: * identifying problems * collecting and analyzing information * facilitating responses that are innovative * evaluating the response to determine the effectiveness.
What is the meaning of Good Cause as it relates to Child Abduction?
It is a good faith belief that the taking, detaining, concealing, or enticing away of the child is necessary to protect the child from immediate bodily injury or emotional harm.
What is first degree burglary (460 PC)
It is burglary of an inhabited dwelling, or the inhabited portion of any building. (felony)
Documentation is critical: Justification for using force
It is imperative that each report be thorough and comprehensive, documenting all aspects of the use of force based on the officer's recollection because: 1. An officer's memory may fade, 2. Evidence may be destroyed, 3. A witness may be unavailable or cannot be located.
What is real property?
It is land and immovable property, affixed to or growing from the land (real estate).
What is Traditional Policing?
It is policing that is incident driven, reaction based, and enforcement focused with limited community interaction.
Define the crime of oral copulation
It is the act of uniting the mouth of one person with a sexual organ or anus of another person without their consent - Penal Code section 280a - to arrest a person for this crime the act of copulating the mouth of one person with a sex organ or anus of another person has to been committed without the consent of the person - this crime is a felony
What is leadership?
It is the practice of influencing people while using ethical values and goals to produce an intended outcome.
What is communication?
It is the sending and receiving of messages, both verbal and nonverbal, between two or more people.
What is the definition of Crime Prevention Through Environment Design (CPTED)?
It is with proper design and effective use of built environment can lead to the reduction in the opportunity for crime and fear of crime, to improve the quality of life.
Describe what a reactive approach to policing would be.
It means responding to criminal activity and problems after they have taken place.
Describe what a proactive approach to policing would be.
It means to anticipate problems and act in advance to address local concerns.
What is developmental disabilities?
It must: 1. Manifests before an individual attains age 18 2. Continues, or can be expected to continue, indefinitely, and 3. Constitutes a substantial disability for that individual.
What is the intent of the Lanterman Developmental Disabilities Service Act?
It was written to establish California's responsibility for services for persons with disabilities.
After taking a narcotic analgesic a person may exhibit the following symptoms:
Job the eyelids, nodding off or drowsiness, slow breathing, slow deliberate speech or low raspy voice injection sites, profuse itching and scratching, dry skin and mouth, muscle tone relaxation, euphoria, and cold extremities
What is one drug that produces the same effects as PCP?
Ketamine hydrochloride,
Felony
Kidnapping is a misdemeanor or felony?
12020: Dirk or dagger
Knife or other instrument Capable of stabbing That would inflict great bodily injury If concealed upon person it is a FELONY Not concealed if: Carried in sheath Not capable of ready use
D.I.D.C. have what?
Lack of Converegnce - present D - dissociative Anesthetics I - Inhalants D - Depresants C - Cannabus
what may hinder an officers ability to enter a burning structure where people are trapped?
Lack of: - Protective Clothing - Breathing Apparatus - specialized equipment - Technical Training
Real Property
Land and immovable property, affixed to, or growing from that land.
What are the three components of the criminal justice system?
Law enforcement Judicial Corrections
Case Law
Laws that are based upon appellate court decisions
Ex Post Facto Laws
Laws written after the fact to punish an action that has already taken place and was not illegal at the time of commission
Agency policies
Limitations on the use of force are set by agency policy. These policies are attempts to provide reasonable guidelines for officers to protect them and their agency from criminal and civil liability. Peace officers are responsible for becoming familiar with and complying with their agency's policies and guidelines regarding the use of force.
What is the appearance and packaging of LSD?
Liquid or powder form may be a tablet package in wrappers/cellophane-tablets/microdots in baggies or files-blotter papers/sheets-stamps/envelopes-sugar cubes
What our specific types of hallucinogens and their characteristics?
MDMA -- hallucinogen with stimulant like properties DMT -- short acting hallucinogen found in seeds of the Cohoba plant LSD -- short acting hallucinogen with possible long-term after effects Peyote -- derived from the mescal button, mescaline is the psychoactive ingredient psilocybin -- organic compound derived from fungus (mushrooms)
arrest
Making an ______ is the single most effective deterrent to DV, regardless of prosecution.
591
Malicious Destruction of a Telephone Line (felony) is ___ PC.
What are the elements of vandalism (594 PC)
Malicious intent to deface, damage or destroy with graffiti or other inscribed material personal or real property not their own. ($400 or more felony)
alcohol or drugs
Many DV offenders are under the influence of
What is the equipment used for injecting heroin?
Matches or lighter, water, spoon, ball cap, so to cannonball run, hypodermic needle, small amount of cotton/cigarette filters, target, handkerchief, couch, a glasses case or other container to conceal the kit
What is MHFPS? What info required to inquire?
Mental health firearms prohibition System inquiry only database. info on people prohibited from owning or possessing firearms. prohibited based on: -voluntary or involuntary commitment to mental facility -attending psychotherapist reports serious threats of violence against victims -superior court judge concerning competency may only access when investigating crime involving the acquisition, carrying, or possession of firearms.
thinking
Merely ______ about committing a crime is not sufficient to constitute an attempt.
180
Misdemeanor mandates 90, ______ , 365 days in local jail.
dating or engaged
Misdemeanor relationships include:
What is MUPS? What info required to inquire?
Missing/Unidentified Persons System -agencies required to accept report without delay, forward to missing persons, release BOLO, and give info to reporting party - persons categorized in MUPS based on how they went missing -contains info for CA and surrounding persons and body parts required info 1 of following: -name and sex (can not used for unidentified) -sex, DOB, race, height -dental records -vehicle description:license, color, or make
what is a MDT?
Mobile Digital Terminal
Threat assessment rationale
Model: CARVER +shock -Criticality: Target value, political/social/econ impact -Accessibility: How easy, phys/virtual access, surveillance -Recuperability: Recovery time, is it replaceable? -Vulnerability: Terrorist's intent, security measures -Effect: Consequences of successful attack -Recognizability: Easily ID'd, different from other targets -Shock: Psychological impact
International terrorist groups: Formalized Terrorist Groups
More formalized terrorist groups are autonomous organizations with their own infrastructure, personnel, financial arrangements, and training facilities. Formalized terrorist groups are: Hezbollah, Irish Republican Army, Sikh extremists, and the Tamil Tigers.
intimacy
Most Domestic Violence relationships require (current or past) ________.
Knock and Notice, Lawful access to private property
Most commonly obtained when: 1. Based on consent. 2. Based on exigent circumstances 3. Lawfully accessed area already for some other purpose (I.e. probation/parole search.) Knock and notice: An officer must give notice to the person inside (PC 844) that they intend to come in. Doesn't have to be the person's home.
Pimping
Most crimes (Lewd Conduct, Invdasion of Privacy, etc.) we talked about are misdemeanors EXCEPT which crime under PC section 266i.
Statute of limitations (time frame for arrest)
Most misdemeanors:1 year Most felonies: 3 years Crimes punishable by death or life imprisonment: No limit Sex crimes, crimes against children and others: varies by crime.
Special interest terrorist groups
Motivations: 1. Animal Rights 2. Environmental Preservation 3. Abortion Rights Tactics: 1. Bombings 2. Arson 3. Sabotage Targets: 1. Public Health 2. Laboratories 3. Business 4. Abortion Clinics
Right wing domestic terrorist groups.
Motivations: 1. New world order 2. Gun control 3. Apocalyptic views 4. White supremacy 5. Anti-government 6. Anti-taxation 7. Anti-abortion 8. Religion Tactics: 1. Bombings Targets: 1. Federal, state, and local governmental agencies. Types of groups: Patriot's council, The Dean Harvey Hicks and the Covenant, Sword, and Arm of the Lord.
Left wing domestic terrorist groups.
Motivations: 1. Revolutionary Socialist 2. Protestors against Capitalism 3. Protestors against imperialism Tactics: 1. Bombings Targets: 1. Federal, state, and local governmental agencies. 2. Symbols of U.S. Government and Democracy. Types of groups: Puerto Rican Seperatists and the Weather Underground.
When do you need a waiver
Must obtain a waiver of rights before an interrogation can take place. Need waiver to have custody+interrogation -Do not need waiver for Dependents. If abused, neglected, hospitalized, abandoned... -Parent or guardian must be notified ASAP of custody and where minor is held
CCW requirements
Must reside in county, good moral character, good cause to be issued, completed training Exempt from CCW requirements:
Purpose of Miranda Warnings:
No person ... shall be compelled in any criminal case to be a witness against himself
arrest
No matter which Domestic Violence section, misdemeanor or felony, you can still ______.
Civil Law
Noncriminal violations of the law
Elevating Consensual Encounters
Note: It's about what the person THINKS is happening. 1. Using emergency lights. 2. Placing the peace officer or the officer's vehicle so as to prevent the person or car from leaving. 3. Issuing orders or commands. 4. Using accusatory questioning or tone of voice. 5. Conducting cursory/pat searches without legal justification. 6. Demanding and/or keeping a person's identification.
627(a) W&I
Notifying parents when kids taken into custody.
12020: striking weapons
Nunchaku- Lawful for sale or to sell to a self-defense school and keep on premises Metal knuckles Leaded Cane Black jack Billy: Club Sandbag or sand club Sap Slungshot
Loaded firearms policy
Officers authorized to examine weapon: Refusal allows probable cause to arrest for loaded firearm Allowed to carry loaded firearm in public to Exemptions -protect property or person of another or themselves if in grave immediate danger -Making or attempting lawful arrest -Possession at residence, temp residence or campsite -In business by employee/owner -Security guard w/ authority while working
(Vehicle) Necessary conditions and scope of Incident to Custodial Arrest
Officers may search the passenger compartment of a vehicle if they have made a valid custodial arrest of any occupant of the vehicle and: Conditions: 1. The arrestee is unsecured (not locked in police car, handcuffed) and, 2. Has reachable access to the vehicle and/or 3. The officer has reasonable suspicion to believe evidence, pertaining to the crime for which the suspect was arrested, is to be found in the vehicle and/or 4. The officer has reasonable suspicion there is a weapon in the vehicle Scope: The passenger compartment of a vehicle incident to a recent occupant's arrest, only if it is reasonable to believe that the arrestee might access the vehicle at the time of the search or that the vehicle contains evidence of the offense of arrest. Note: Trunk may not be searched in this case. Note 2: Typically search occurs when arrestee on scene, an exception being it is unsafe to conduct the search at scene.
Nexus Rule
Officers may seize items not listed in the warrant when: 1. The items are discovered while the officers are conducting a lawful search for the listed evidence, and 2. They have probable cause to believe the item is contraband, evidence of criminal behavior, or would otherwise aid in the apprehension or conviction of the criminal.
Reasons for transporting a person during detention
Officers should not transport unless: 1. The detainee gives permission 2. It is impractical to bring the witness/victim to the detainee's location, 3. The conditions of the detention are dangerous to the person, 4. The conditions of the detention are dangerous to the officer(s). or, 5. Independent probable cause exists to arrest the subject. Note: Normally, transport will only occur if the detainee falls under arrest.
Accessory
One who knowingly assists a perpetrator after the felony has been committed
Standing
Only a person with standing can challenge the search and seizure of property (based on 4th amendment). Generally established by: 1. Ownership 2. Lawful possession 3. Authority and/or 4. Control of the area searched or the property seized
Opiates come from two sources:
Opium poppy plant and synthetic manufacturers
Citizen's arrest, Peace Officer responsibility.
Options: 1. Release. 2. Issue Citation 3. Take arrestee to a magistrate. If unavailable, jail. Note: Receiving officers may not be held liable for false arrest or imprisonment.
what is the method of use for prescription stimulants?
Oral
What are common methods for taking depressants?
Orally (most common) injection, absorption as suppositories, snorted
Probable Cause to Search
P.O. must be able to articulate how and why they have a fair probability to believe: 1. A crime has occurred or is about to occur 2. Evidence pertaining to the crime exists, and 3. The evidence is at the location they wish to search
Time limitations of a search warrant
PC 1534 states that the search warrant shall be executed and returned within 10 days from issuance. Normally, a search warrant may be served only between the hours of 7am and 10pm. Unless nighttime service requested. Note: As long as the search begins BEFORE 10 pm, it may go on well past 10pm.
What are some of the symptoms a person might display when being under the influence of a stimulant?
Paranoia -- increased alertness -- insomnia or restlessness -- body tremors including the eyelids -- increased respiration -- loss of appetite -- rapid speech -- agitation -- dry mouth -- euphoria -- sweating -- grinding teeth -- residue or redness in the nasal septum or under the nose if snorted -- bloody or running nose if snorted -- blackened gums if smoked -- burnt fingertips and lips if smoked -- hacking cough if smoked
What is LEADS? What info required to inquire?
Parole Law Enforcement Automated Data System -designed for crime analysis not tactical use. -can show groups and map locations -has all information for all parolees
define Temporary Protective Custody of a child
Peace officers have the authority to take a minor into temporary protective custody if the minor has suffered or is at substantial risk of suffering nonaccidental serious physical harm, by the minors parent or guardian
What is the role that police officers use when interacting with a person with disability?
Peace officers must recognize the different types of disabilities and adjust to any special need that the person may need.
Officer responsibilities to protect Fifth Amendment Rights.
Peace officers need to understand the relationship between a person's right against self-incrimination and the Miranda decision. Make sure the suspect is in custody, and if interrogated, before interrogation takes place, his rights are read to him. And that an understood acknowledgment is returned.
Prowling
Peeping must meet all the elements of which crime?
12020: unrecognizable firearms
Pen gun Belt buckle gun Cane gun Wallet gun
26
Penal Code Section ______ identifies those individuals who are presumed not capable of forming the designated state of mind and committing a crime.
20
Penal Code Section ______ states that "in every crime or public offense, there must exist a union, or joint operation of act and intent, or criminal negligence."
What does PC 365.5 Service animals law protect?
People who need a service dog will not be denied their service dog in any area except a zoo or animal park in which the animals are separated from the public by physical barriers. Note the dog must be specially trained by a licensed person as directed by the provisions of the BP Code.
Tear gas
Permitted to purchase, possess, or use tear gas in aerosol spray < 2.5 ounces for self-defense Unless Convicted of felony or assault or Addicted to narcotics or Attempting to sell or give to minor or Under 16 or Is 16 or 17 without parental consent Any person who uses for other than self-defense has committed a FELONY If alter serial number on gas FELONY
Drawing, exhibiting, or unlawful use of deadly weapon
Person Except in self defense In presence of others Exhibits in rude, angry, or threatening manner, or Uses in fight or quarrel unlawfully Injury or assault not required MISDEMEANOR Same for weapon or Firearm loaded or not
Possession of a deadly weapon with intent
Person Having on person Any deadly weapon With intent to assault another MISDEMEANOR
Invoking Miranda Rights
Person may invoked right to remain silence when CUSTODY and INTERROGATION BOTH exist. Otherwise, there are no rights to invoke. However, when both conditions exist and invocation occurs, interrogation MUST CEASE.
Possession by persons with specific misdemeanors
Person may not own, possess, or be in control of firearm Within 10 years of conviction for Assault Battery ADW Spousal abuse Exhibiting firearm Stalking FELONY
What are the behavior indicators specific to Epilepsy?
Person who has seizures 1. staring spells 2. disorientation 3. lethargy 4. slurred speech 5. tic like movements 6. purposeless sounds and body movements 7. dropping of the head 8. lack of response 9. lip smacking, chewing, or swallowing movements 10. picking at clothes
Possession of a prohibited weapon (PC12020)
Person who manufactures or causes to be manufactured or Imports into the state or Sells, offers for sale, exposes for sale, keeps for sale, or Gives, lends, or possesses Any weapon that has been specified FELONY
The intelligence cycle
Planning and direction is essential for guidance as to what information needs to be collected and processed. During the collection phase, where all relative information is gathered, the person doing the collecting must use some discretion and eliminate information that is obviously erroneous or irrelevant. During the processing phase, the information is collated and initial weighing of the information to determine credibility is completed.
625 W&I
Police have the authority to take a kid into custody when they are ward of the state or not and violate a court order, escape a court order commitment, truant, commit a crime.
Illegal Knife PC 653K
Possess On person, or In passenger area of vehicle in public place or open to public, Sells, offers or exposes for sale, or Loans, transfers, or gives away, A switchblade knife With a blade two or more inches MISDEMEANOR In private residence, or in a vehicle not in public place or open to public
Unlawful possession of a concealable firearm
Possession by minor is a felony Person carries concealed Firearm capable of being concealed(unloaded or loaded) Upon person, or within vehicle Without license or permit MISDEMEANOR unless: Previously convicted of a felony Firearm is stolen Gang member Not in lawful possession Convicted of crimes against persons, property, narcotic or dangerous drug violation Firearm is loaded and not registered owner Then FELONY
What is the appearance in packaging of methamphetamine/amphetamine?
Powder or a crystal form usually found in small plastic baggies, small paper bin those, or tinfoil
What determines First degree Murder?
Premeditation, Explosives, Torture, Poison, or Lying in Wait.
136.1
Preventing or Dissuading a Witness or Victim from Testifying (felony) is _____ PC.
Precedent
Previous appellate court decisions that become binding on later court decisions
Tort
Private wrong committed by one person against another
Probationer & restraining orders
Probationers may not possess FELONY Persons under restraining orders FELONY
Juveniles convicted of violent offense
Prohibited from owning, possessing firearm Until age 30 FELONY to possess
What are the responsibilities of a prosecuting attorney?
Prosecute individuals accused of criminal activities Protect public rights and privileges
Felony
Prostitution with a prior conviction and prior positive AIDS test is a _____. (misdemeanor or felony)
What are the objectives of the criminal justice system?
Provide due process to the law Rendering fair judgments Dispensing just punishment Assuring victim's rights
Exception to Miranda rule
Public Safety exception, based on exigent circumstances.
what is resisting a police officer (148(A)(1))
R.D.O. - resisting, delaying or obstructing - resisting delaying or Obstructing a Peace officer or EMT from performing his or her duty (misdemeanor)
What services are available for a victim of a sexual assault?
Rape crisis centers which are available throughout California and provide services to assist with hospital accompaniment and a liaison with the criminal justice system in some counties, - state victim/witness serviceswhich are available throughout California and assists with financial compensation impossible associated expenses, liaison with the criminal justice system and provide information pertaining to the situation.
What is the definition of the crime of rape?
Rape is an act of penile/vaginal intercourse accomplished with a person, not the spouse of the perpetrator, and without consent of the person-Penal Code section 261.-To arrest a subject for rate the act of penile/vaginal intercourse is committed with a person not the spouse of the perpetrator without consent -rape is a felony
What types of sex crimes can occur during a sexual assault?
Rape, sodomy, oral copulation, penetration by a foreign object, sexual battery, or assault with intent to commit sexual crime.
What is the primary function of trial courts?
Receive evidence and consider cases involving criminal activity or civil disputes
The components of the R.A.I.N. Concept
Recognize: Quick mental processing of the event. Avoid: Time, distance and shielding Isolate: Reduction of potential exposure or contamination by removing individuals from the immediate area of the threat as well as preventing others from entering an area of danger. Notify: Appropriate agencies and command authorities.
Depressants
Roofies, GHB, XANAX, Alcohol, reds and blues
No
SCENARIO: A person, inteding to steal an overcoat from a clothing dummy in front of a store, removed the coat but was unable to carry it away because it was fastened by a chain. Was this theft?
When Do you have to tell a Juvenile of their rights?
Required to advise of rights when taken into custody without a warrant if: -Habitually disobedient or truant (status) -Violated an order of the juvenile court -Violated a law or ordinance (criminal) -Escaped from a commitment ordered by the juvenile court *do not need to immediately advise of rights. Should be based on safety of officer and minor *Do not need to advise for Dependent juveniles or those stopped for general questioning
Warrant Requirements for bodily intrusion searches and seizures
Requirements: 1. Probable Cause Plus (necessity + probable cause) 2. Method used 3. Seriousness of offense 4. Importance of evidence to investigation 5. Existence of alternate means 6. Safety and intrusiveness Note: When a warrant is sought to obtain a blood sample, the "probable cause plus" requirement is almost non-existent, since taking blood involves such a minimal intrusion and is so routine in our society. Accordingly, the warrant will be sufficient if it shows (1) probable cause that the test results will show evidence of a crime, and (2) that the removal of blood will be conducted by trained medical personnel in accordance with accepted medical practices.
What does the Rehabilitation act of 1973, section 504 protect?
Requires school districts who receive federal funding to make programs and activities accessible to those with a disability
PC 853.6, Warrantless misdemeanor arrests and release.
Requires(with some exceptions): a person arrested without a warrant for misdemeanor offenses be cited and released in lieu of custody. Once signing promise to appear in court.
Sixth Amendment
Right to be told of charges when arrested Right to a speedy trial Right to a public trial by a impartial jury Right to confront witness Right to counsel
What are some common street names for cocaine?
Rock, crack, bloat, snow, too, nose candy, lady, three-based, big C. Flake, snowbirds, coca, Blanca, white girl.
Constitutional Law
Rules and provisions found in the federal and state constitutions
Defrauding an Innkeeper
SCENARIO: A family arrived at a campground in their motor home. The property manager offered the lot for free if the family would agree to pay for the utilities. The father agreed, even though he knew they would not have enough money. After five weeks, the family drove off one night without paying the 360.00 dollar bill. What kind of crime did the father commit?
Obstruction of a Public Way
SCENARIO: A group of teenagers gathered at the corner of a busy downtown intersection with a lot of pedestrian traffic. They refused to move out of the way so that other people could walk past them. The pedestrians were forced to step into the street to walk around the group. What crime have they committed?
Entering and Occupying Real Property
SCENARIO: A homeless man found a vacant apartment with a broken out window. He climbed through the window and lived there for three months until the owner found him. What crime did he commit?
Invasion of Privacy
SCENARIO: A man climbed into a tree and looked around using his binoculars. He looked toward a nearby building and noticed that a window opened into a bathroom. He focused on the window and saw a woman taking a shower. What crime has he committed?
Felony
SCENARIO: A man lured his ex-girlfriend into his car then locked the doors to keep her from leaving. He wouldn't unlock the doors until she promised him a date. Is this type of false imprisonment a misdemeanor or felony?
No
SCENARIO: A man picked up his girlfriend with a stolen vehicle. He bragged to her how easy it was to steal the vehicle. They took turns driving the vehicle until it ran out of gas. Is this unlawful driving a misdemeanor?
Yes
SCENARIO: A man picked up his girlfriend with a stolen vehicle. He bragged to her how easy it was to steal the vehicle. They took turns driving the vehicle until it ran out of gas. Was the woman guilty of vehicle theft?
Yes
SCENARIO: A man spent the night at a hotel. He knew that he had only enough money to buy gas to get home, so he left without paying. Did he commit a crime?
Loitering About a Public Toilet
SCENARIO: A man stood outside a public restroom. Every time a woman walked past him he offered to engage in oral sex. What crime has he committed?
Prowling
SCENARIO: A man walked around a housing complex in the middle of the day. He walked from house to house and rang doorbells to see if the residents were home. When another resident walked by he pretended to be waiting for the bus. What crime has he committed?
Prostitution
SCENARIO: A man walked by a group of women. One women called out to him and offered to take him to a room and perform multiple sex acts for $100. What crime has the woman committed?
Arson
SCENARIO: A man was terminated from his job. That night he returned to the vacant job site and poured gasoline on the front door of the business. He ignited the gas and the fire burned half of the building. What crime did he commit?
Yes
SCENARIO: An officer walked into a pawn shop while on duty. She noticed that a television had its serial number scratched off. When she asked the owner about the television, the owner admitted that he knew the numbers were altered when he purchased the television. Is this a crime?
Disturbing the Peace
SCENARIO: At 5:00 AM on a Sunday morning, a man used his new gas-powered leaf blower to clean up his yard. What crime has he committed?
No
SCENARIO: At a gas station, a man got out of his car, leaving the keys in the ignition. He went to pay the cashier after filling his gas tank. Another man got into the car, started it, and drove away. Did the criminal commit the cime of carjacking?
Peeping
SCENARIO: At around two in the morning, a man wandered around outside a house not in his neighborhood. He looked into several windows and stopped at one where he saw a child sleeping. What crime has he committed?
Child Abduction With Custodial Right
SCENARIO: Martinez and his wife, in the process of a divorce, obtain a temporary custodial decree. The decree granted them joint custody of their 6-month-old daughter. Martinez was to have the daughters on the weekends. Martinez decided to go on a weekend trip with his daughter and did not tell his wife. When his wife frantically called, Martinez told her that she did not need to worry. He indicated they'd be back in a few days. He told her that since she had never treated him right during their marriage, he felt that she deserved to know how it felt to be mistreated. What type of child abduction crime has Martinez committed?
Trespassing
SCENARIO: Three teenagers followed one of their teachers home. That night, the teens climbed over the teacher's fence, intending to spray paint the teacher's house. The teacher ordered them to leave, when they didn't he called the police. The teenagers committed what crime?
Misdemeanor
SCENARIO: Two attorneys entered an empty elevator. Without warning, the defense attorney pushed the emergency button and began to harass the prosecuting attorney about a suspected ethics violation. When the prosecutor demanded to get off the elevator, the defense attorney refused to reactivate it. Is this type of false imprisonment a misdemeanor or felony?
Assault with a deadly weapon
SCENARIO: Two men were arguing and one man picked up a baseball bat then swung it at the other man. The second man ducked to avoid being hit on the head. What crime did the man with the baseball bat commit?
Battery, Felony
SCENARIO: Women walked into her house and saw her boyfriend with another woman. She struck him on the head. He fell and was knocked unconscious. What crime did she commit and was it felony or misdemeanor? (Separate answers with a comma " , ")
What are the databases involving property on CLETS?
SVS ABS APS AFS
Weapons of Mass Destruction (WMD)
Section 921, title 18 destructive devices states: Any explosive, incendiary, or poison gas: 1. Bomb 2. Grenade 3. Rocket having propellant charge greater than 4 oz. 4. Missile having explosive/incendiary charge of greater than 3/4 oz. 5. Mines 6. Devices similar to any of the devices described in the preceding clauses.(IED's) B-NICE: Bio, Nuclear, Incendiary, Chemical, and Explosive.
Law enforcement prevention/deterrence actions
See pages 2-10,13 in LD 43
Terrorism indicators pt. 3
Select Target: 1. Critical infrastructure 2. Critical assets 3. Symbolic sites 4. Gathering places 5. Specific terrorist goal Specific date: 1. Anniversary date 2. Significant birthdays 3. Historical dates 4. Religious holidays Conduct recon: proximity and frequency, duration of surveillance, unusual interest, ID and uniform theft, use of computer hackers, notes, maps and drawings, false alarms, still/video cams. Move weapon to target location: Transportation, nervoise actions, odd clothing for locale, overloaded vehicle, fixed stare, protruding wires, unusual odors, unusual packages.
Concepts of threat and vulnerability assessments
Selection criteria: Attractiveness of a target, the potential for success, and the potential for avoiding ID and capture. Targets: 1. A key element is symbolism 2. Higher profile is better 3. Depending on the motivations, the greater the potential for mass casualties 4. Potential for major economic impact. Assessments are necessary because: 1. ID potential targets, guides patrol and intel efforts, secure identified targets. 2. Access federal grant funds, ODP require assessments 3. Benefits, interagency interaction and coordination, visible prep is a deterrent, familiarity with infrastructure elements will aid if response is needed in future, targets critical infrastructure, vital comm links, essential services.
Define the crime of sodomy.
Sexual conduct in which there is contact between the penis of one person in the anus of another with any penetration of matter how slight - Penal Code section 286 - to arrest the subject for sodomy sexual contact between the penis of one person meetings of another must have taken place- sodomy is a felony
12020: rifles and shotguns
Short barreled shotgun Barrel length less than 18" or Overall length less than 26" Short barreled rifle Barrel length less than 16" or Overall length less than 26"
What is the smell of liquid PCP?
Smells like ether
What are common forms of inhalants?
Solvents, aerosols and anesthetic gases
262
Spousal Rape (felony) is ___ PC. Penile/Vaginal intercourse, with a spouse, against the will or without consent of the victim.
646.9
Stalking (felony) is _____ PC. Willfully, maliciously and repeatedly follows or harasses a person, and makes a credible threat, victim must be aware and distressed by the suspect.
Disposition (disposing) of arrestees.
Statutes provide different means of handling or "disposing" of arrestees, depending on the nature of their offenses (infraction, misdemeanor, or felony) and the manner of arrest (warrant, or warrantless). 1. If warrant, P.O. must obey the commands in the warrant. 2. If person arrested for infraction, cite and release is typical, though arrestee must sign a promise to appear in court. (PC 853.5)
What is SVS? What info required to inquire?
Stolen Vehicle System info regarding: stolen, lost, pawned, repossessed, impounded, or recovered vehicles requires: -Lic, Vin, Eng, owner applied
What is the equipment needed for snorting?
Strahl, plastic pen casing, nasal sprayer, and syringe (used to spray liquid)
Parole and probation commitments must:
Submitted by parole or probation officers directing the confinement of a person in their charge. 1. Reimprisonment of a prisoner on parole: PC 3056 2. Revocation of probation: PC 1203.2 3. Suspension of release for a person on an outpatient release status: WIC 3151 4. Suspension, cancellation, or revocation of parole related to a juvenile: WIC 1767.3
What are inhalents?
Substances that are inhaled through the lungs. - Impairs performance by blocking the passage of oxygen to the brain, producing disorientation and slurred speech - Most prominent psychological actions of these drugs at the usual doses or feelings of excitement and confusion examples: - solvents - aerosols - nitrates - anesthetics (nitrous oxide, ether, chloroform)
U.S. Code, title 18, section 241, Conspiracy.
Summary of Conspiracy: If two or more persons, conspire to injure, oppress, threaten, or intimidate any person, for doing anything that the person had a legal right to be doing, or because the person previously exercised any such legal right. Note: Differing definitions under state and federal law. Meaning for me: I can be prosecuted criminally if I conspire with another person to deprive individuals rights. Responsibility for me: Legal obligation to protect the rights of all people from internal corruption and my own potential for corruption.
What is SRF? What info required to inquire?
Supervised Release File includes records from: CDC and CYA parolees, probationers, and federal parole and probationers. includes info on LE contact with individuals and warnings info required: - Name and physical descriptor such as sex,race
Word disassociative anesthetics?
Synthetic drugs that have many unpredictable effects. -Changes in sensory perceptions and visual hallucinations similar to those described for the hallucinogens -Can act as a stimulant, depressant, or hallucinogen, and can cause bizarre and sometimes violent behavior. Examples: - PCP and its analogs - ketamine
What is the active ingredient in cannabis?
THC
Describe what an arrest is.
Taking a person into custody * in a case, and * in a manner authorized by law
PC 834, Arrest
Taking a person into custody, in a case and in the manner authorized by law. An arrest MUST be based on probable cause.
_____________________ is the legal equivalent to an arrest.
Temporary Custody
Legal Standard for Use of Deadly Force:
Tennessee v. Garner decision components: 1. Subject threatens the officer with a weapon or there is PC to believe he has committed a crime involving the infliction of serious bodily harm[or death]... 2. PC to believe that the subject poses a threat of death or serious physical harm, either to the officer or others. 3. PC to believe that the use of deadly force is reasonably necessary (to prevent escape) 4. Some warning be given prior to the use of deadly force where feasible.
What is Mental illness?
Term used for a group of disorders causing severe disturbances in a person's thinking, feeling, and ability to relate to others.
Terrorism indicators pt. 4
Terrorist Egress: False, multiple passports, no current/fixed address, materials in possession, use of rental or recently puchased vehicles, multiple hotel receipts, using all cash transactions, possession of one-way travel tickets, disguises. Weapon Activation: Device activators, buttons, cell-phones, weapon specific signs, chemical, bio, radiological, nuke, or explosive. Media Attention: Pre-incident announcement, use of media to trigger cell, claims of responsibility, covert messages, websites, blogs, group statement of support. Terrorist claim of responsibility: Media statements, direct formal notification to government, witnesses, extremist blogs and writings. Reduce public support of government: Shows government cannot protect the people, protracted loss of life undermines public support, fear of more attacks causes public to call for policy changes, fear causes unrest and uncertainty.
What is Perjury (P.C.118(a))?
Testifying under oath, knowingly presenting false evidence which must be of a material nature (felony) - Elements: - any person having taken an oath - to testify,depose,declare or certify truthfully - before any competent tribunal, oficer, or person - willfully states as true - any material matter which he knows to be false
Officer responsibilities to protect Fourth Amendment Rights.
Text: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Officer Importance: Reasonable Suspicion, Probable Cause, Search, Seizure of a person, Seizure of property.
No
The crime of unauthorized entry of dwelling is a felony?
History of the ICS.
The ICS uses the military model of command and control; success of the system is based on the delegation of authority and responsibility. The ICS was adopted by the LE community in the late 1980's and became widely used for all types of emergency management. Today all CA LE agencies by state law must use the ICS if they wish to receive monetary reimbursement for declared emergencies. 1970's: Developed by CA's Fire resources of CA Organized for Potential Emergencies (FIRESCOPE) program; fire services began to use ICS to manage incidents. 1980's: LEICS brought principles of ICS into LE. 1990's: National curriculum ("generic" ICS) developed; SEMS adopted in CA.
Define the crime of sexual battery
The act of touching another person's intimate parts for the purpose of sexual arousal, sexual gratification, or sexual abuse, against the will of the person. - Penal Code section 243.4(a) - to arrest a person for the crime of sexual battery they must have touched the intimate parts of another person without the consent of the person with the specific intent to achieve sexual arousal, sexual gratification, or sexual abuse however for felony sexual battery the victim must be unlawfully restrained and bearskin of an intimate part either a victim or person must be touched.
Force options and the amount of force peace officers may use based on the subject's resistance
The amount of force applied shall not exceed what is reasonable to overcome the subject's resistance to gain or maintain control of the subject. Each officer must rely on their judgment to employ objectively reasonable force for that specific situation.
Element of the crime
The basic facts that must be proven by the prosecution to sustain a conviction
What is the definition of the crime Elder or Dependent Adult Abuse? (368 PC)
The crime refers to the infliction of unjustifiable physical pain or mental suffering upon an elder or dependent adult or theft or embezzlement from an elder or dependent adult.
what is the "broken windows theory"?
The broken windows theory says that an unchecked problem may lead to other problems *Graffiti * Illegal dumping * Blighted property * Drinking in public * Prostitution
Bill of Rights is made up of what amendments?
The first 10 amendments
The Definition of Custody
The immediate care or charge of an arrested person.
Homicide
The killing of one human by another, regardless of the circumstances.
Describe what an arraignment is
The legal procedure where the court informs defendants of: *the nature of the crime *their eligibility for bail, and *their constitutional rights to -counsel -plead guilty of not guilty -a trial by court of jury
traumatic condition
The main difference between 273.5 and 243 (e)(1) is the existence of a
leave
The most dangerous time is when the victim finally decides to ______.
Felony
The most serious crime, punishable by a fine and/or imprisonment in a state prison, removal from office, or death
What are the elements of defrauding an innkeeper (537 PC)
The obtaining of food, services or accommodations at a designated facility without paying with intent to defraud the proprietor of manager. ($400 or over felony; less misdemeanor)
Consequences of elevating a Consensual Encounter
The peace officer could: 1. Violate the fourth amendment right against unreasonable searches and seizures, resulting in the suppression of evidence. 2. Be civilly prosecuted for a violation of civil rights 3. Be criminally prosecuted for false imprisonment, or 4. Face agency disciplinary action.
State or Local CORI can be accessed only if what is present?
The right to know and the need to know
photographs
The single most important piece of evidence you can collect at the scene of a DV are ___________.
Malice Aforethought
The state of mind manifesting an intent to kill or conscious disregard of human life.
What is the definition of theft (484 PC)?
The taking and carrying away of personal property without consent with the intent to permanently deprive the owner.
Theft
The taking and carrying away of the personal property of another with the intent to permanently deprive the owner.
What are the elements to the crime of Carjacking? (215 PC)
The taking of a motor vehicle from the person or immediate presence of a possessor or passenger by means of force or fear with the intent to permanently or temporarily deprive the possessor or passenger.
What are the elements to the crime of Robbery? (211 PC)
The taking of personal property of another from the person or immediate presence against the person's will accomplished by means of force or fear.
Field Showup (bonus)
The viewing of a possible suspect by the victim or witness that commonly occurs in the field shortly after a crime has been committed. Appropriate only if it can be done a short time after the crime has taken place.
Statutory Law
The written law enacted by a legislative body
When investigating a sex crime what things does an officer need to be aware of when interviewing the victim?
Their everyday terminology - their body language should assure the victim they are concerned but calm and confident - the words they use to ensure the conveys their sensitivity about what happened - their demeanor should communicate that they are professional and comfortable talking about the subject - and be careful with the language they use due to misperception of police procedures
What are the databases involving persons on CLETS?
WPS CHS CARPOS MUPS SRF LEADS VCIN/SAR MHFPS
International terrorist groups: Loosely affiliated radical extremists
These loosely affiliated radical extremists are neither surrogates of, nor strongly influenced by, any one nation. They are considered international "wild cards." They have the ability to tap into a variety of official and private resources. These groups include but are not limited to Al Qaeda and groups "affiliated" with Al Qaeda such as Abu Sayyaf and Anssar Al-Islam.
Define community partnerships.
They are relationships comprised of two or more individuals, groups, organizations working together to address an issue.
Kidnapping
This crime occurs when a person forcible, or by means of instilling fear, takes another person to another place.
Define the crime of penetration with a foreign object.
This is an act in which the genital or anal opening of a person is penetrated by an instrument, substance, device, or unknown object. - Penal Code section 289 - to arrest a person for this crime they have to have used a foreign or unknown object for the purpose of sexual arousal, gratification, or abuse. They have to have penetrated no matter how slight the genital or anal openings of another person against their will - the crime of penetration with a foreign object is a felony
mentally
Those presumed not capable of forming the designated state of mind are ______ incapacitated.
children
Those presumed not capable of forming the designated state of mind are ______ under 14.
threat
Those presumed not capable of forming the designated state of mind are under ______ or menace.
What are the purposes of the legal medical examination after a sexual assault?
To collect, preserve, and document evidence. The exam should be conducted within 72 hours of the assault: D. examination may help the determination if there are physical signs of injuries, they can document the type and location of those injuries, they can determine if there is evidence of recent sexual activity, and determine if the physical findings are consistent with the time frame and victim's history
Objective for use of force:
To gain and maintain control of an individual and the situation. Peace officers are required to: 1. Use the type of force which is reasonable under the circumstances. 2. Use only the amount of force reasonable to overcome resistance and to gain or maintain control of a subject. 3. Conform to agency policy and federal and state law.
Redress
To right a wrong
Solicit
To seek to induce or try to obtain.
Manslaughter
Unlawful killing of a human being without malice.
False Imprisonment
Unlawful violation of the personal liberty of another.
Depressants are categorized as:
Tranquilizers and sedatives
cohabitant
Two unrelated adults, living together for a substantial period of time, with an intimate relationship.
What are the local and state resources available to people with disabilities?
Types of resources include but not limited to: 1. Agency related assessment or crisis teams 2. Private organizations offering support groups 3. Substance abuse centers 4. County mental health centers 5. Regional developmental disabilities centers 6. independent/assisted living centers 7. missions or shelters 8. religious centers 9. senior citizens centers
Factors that can affect a peace officer's response when threatened with danger: Anger
Types: 1. Universal (being shot at) 2. Personal (history based)
The types and characteristics of explosives
Types: Low explosives, better known as propellants, designed to deflagrate and produce gas output. Initiated by burning or shock. High explosives, designed to detonate, do so at velocities higher than the speed of sound. 1. C-4: White to light brown plastic, plastic demo, highly stable. 2. TNT: Light yellow to brown or light gray, cast, pressed or flake, used in demolition charges and grenades, standard military explosives. 3. Dynamite: Stick/cylindrical form, wrapped in white or colored wax paper, sizes vary, highly stable. 4. TATP: White crystalline powder, normally refrigerated, highly sensitive and powerful, susceptible to heat, shock and friction. 5. Nitroglycerin: Heavy/colorless oily explosive liquid, obtained by nitraling glyceral, contact explosive, highly unstable. 6. PETN: Odorless white crystalline solid, powerful high explosive, more unstable than TNT.
Name federal law enforcement agencies
U.S. Department of Homeland Security Federal Bureau of Investigation Drug Enforcement Administration(DEA) U.S. Marshal Service Immigration and Naturalization Service(INS) Alcohol, Tobacco, and Firearms Division(ATF) Secret Service(SS) U.S. Postal Service Armed Forces Police
12020: other firearms
Unconventional handgun Not rifled bore and Barrel length <18" or overall length <26" Zip gun: potato cannon...
Responsibilities of peace officers to prevent self-inflicted civil violations.
Under Color of Law: An action carried out as if under the authority of law, but is actually done in violation of the law (peace officers, magistrates using their positions to act in an unlawful manner).
Yes
Under Penal Code Section 487(b), Is stealing from aquacutural and agricultural products worth 150.00 dollars a felony?
Securing an area pending issuance of a search warrant
Under very limited circumstances, peace officer's may secure a residence while in the process of obtaining a search warrant. In addition to PC to search, they also need exigencies, that is, a belief, based on the surrounding circumstances or information at hand, that the evidence will likely be destroyed or removed before a search warrant can be obtained. 1. An area may be secured pending issuance of a search warrant if the suspect has been arrested inside the location. 2. An area may be secured pending issuance of the search warrant if companions of the suspect may destroy items sought upon learning of the arrest.
12020: Undetectable firearms
Undetectable firearms: designed so that- Grips, stocks, and magazines have been removed and firearm undetectable by x-ray or Major component does not generate an image by x-ray
Felony
Vandalizing a place of religious education or worship is a felony or a misdemeanor?
An agency's potential liability associated with the use of unreasonable force
Vicarious liability holds an agency responsible for the conduct of it's officers while acting within the scope of their authority. The agency can be: 1. Liable under federal civil rights laws 2. Sued for negligent or inadequate training or failure to supervise adequately.
PC 422.6(a)
Violation of a prisoner's civil rights -Any person, -Whether or not acting under color of law, -Who shall by force or threat of force -Based on that person's race, color, religion, ancestry, national origin, disability, gender, or sexual orientation, -Or because the person perceives that the other person has one or more of those characteristics. Class: Misdemeanor (5k fine, and/or one year in jail)
Crimes
Violations of a criminal statue
learned
Violence is a _______ behavior.
What is VCIN/SAR? What info required to inquire?
Violent Crime information Network- designed to consolidate info from DOJ systems Sex and Arson Registration- provides list of registrants, geo location, physical characteristics, type of offense Info needed: -name & DOB, -File Control number or -Criminal Id and Info #
What is WPS? What info required to inquire?
Wanted Persons System warrants classified as temp, misdemeanor or felony. will also state whether agency will transport and caution codes info needed: - Name, sex or -1 of: FBI#, DLN#, or SOC #
Terrorism indicators pt. 2
Weapon selection: 1. Explosives and firearms 2. Military and LE armories 3. Manufacturing and construction 4. Black market sources 5. State sponsors 6. Covert bomb factories 7. Gun shops 8. Hardware stores 9. Farming/nurseries
Letter of The Law
When the law is applied in accordance with the literal meaning of the statue
What are some questions that a peace officer can ask when investigating a sexual assault?
What did the suspect looked like? - Did the suspect ejaculate - did the suspect have an erection - did the suspect wear a condom? If so what happened to it? - Did the suspect say anything? If so what did he say? - Or any threats made? If so What were they? - Or any tools, weapons, or other object used by the subject?
65
Whats the age requirement to be considered an elder?
Reasonable Suspicion
When a peace officer has enough facts and circumstances present to make it reasonable to suspect that criminal activity is occurring and the person detained is connected to that activity. May be based on observation, personal training and experience, or information from eyewitnesses, victims, or other officers. (totality of circumstances) Note: Reasonable Suspicion MUST exist to make detention lawful. Contributing Factors: 1. Appearance or condition of a person 2. Actions 3. Driving behaviors. 4. Knowledge of person's history 5. Demeanor 6. Time of day 7. Location 8. Officer training and experience. Note: Flight by it's self does not establish RS and can NOT justify a detention.
Probable cause arrest
When a person is brought to a local detention center after a pc arrest, that person must be accompanied with documentation that clearly states the set of facts that led to the arrest. Ex: Arrest report, or initial booking sheet. These documents must identify, the name of the person to be held, and the crime that person was arrested for.
Probable Cause Determination
When an individual is arrested without a warrant, he/she must be given a judicial determination of probable cause within 48 hours after arrest, including weekends and holidays. Note: Very important to have good probable cause and report writing skills.
Transferred Intent
When an unlawful act affects a person rather than the person it was intended to affect
positive
When officers respond to a DV incident they have a _______ impact on all parties.
Legal Framework: A subject's requirement to submit to arrest without resistance. PC 834a
Whether a subject is legally detained or arrested, it is the subject's duty to refrain from resisting the officer's authority. Penal Code Section 834a states: If a person has knowledge, or by the exercise of reasonable care, should have knowledge, that he is being arrested by a peace officer, it is the duty of such person to refrain from using force or any weapon to resist such arrest.
What does heroin packaging look like?
Wholesale-plastic bag, wrapped in electrical tape, prophylactics retail-prophylactics, balloons, paper, plastic, cellophane bags and tinfoil, and preloaded syringes
What is a dilated pupil?
Widening of the pupil diameter to a width greater than 6.5 mm.
What is Subornation Of Perjury (P.C. 127)?
Willfully procures another person to commit perjury (felony)
seize
With a Domestic Violence arrest you must _____ any firearms in the house, found either through consent or through plain view.
exist
With theft, the intent to deprive must _____ at the time of the taking and not a later time.
What is the Youthful Offender Parole Board responsible for?
YOPB * Responsible for administration of parole conditions of wards 13 - 25 yrs. old
Name state law enforcement agencies
Youth and Adult Correctional Agency California Highway Patrol(CHP) Dept. of Alcohol Beverage Control(ABC) Dept. of Fish and Game(F&G) Dept. of Forestry and Fire Protection(DOF) Dept. of Justice(DOJ) Dept. of Insurance(DOI) Dept. of Motor Vehicles(DMV) Dept. of Parks and Recreation(DPR) Dept.Franchise Tax Board(FTB) Office of State Fire Marshal(SFM) University/College Police Dept. Dept. of Health Services(CDHS)
Negligence
______ is the failure to exercise ordinary care.
Define "compulsory education"
all children between the ages of 6 and 18 unless exempted must be enrolled in an approved school program
Define "Neglect"
acts of omission or deliberate acts of maltreatment of a child. - General Neglect - failure to provide adequate food, clothing, shelter, or supervision where no physical injury to the child has occurred - Severe Neglect - failure to protect a child from severe malnutrition, situations where their person or health is in danger
Define "Sexual Assault"
acts or attempts upon a child or with a child to conduct a lewd act
penal code section 502 says what?
an officer or other personnel accesses information obtained through a computer information system outside of their normal duties is guilty of a (felony) unlawful access can include but not limited to: taking, altering, adds, deletes, etc.
What is the definition of Unusual Occurrences
an unscheduled event involving potential injury or property damage which requires a law enforcement response
647 PC can simply be
annoying, harassing or molesting anyone under 18
Define: Annoying or Molesting Children
anoying or molesting a child under the age of 18, touching is not necessary not nessessary to prove that they intended to annoy or molest the child just that they inteded to do the act (647.6) -(felony)
Define: lascivious act
any act that has a tendency to excite lust
Lewd or lascivious acts with a child means
any act upon or with a child committed with the intent of arousing, appealing to, or gratifying sexual desire for the perpetrator or the child
What causes acquired neurologically based disorder?
any number of illnesses. the most common are stroke and Alzheimers
What are the elements of serial number removed (537e PC)?
any person who knowingly buys, sells, receives, disposes of, conceals or has in possession any personal property from which the manufacture's serial number or any other distinguishing number or identification mark has been removed, defaced, covered, altered, or destroyed. ($400 or more felony)
Define: Disarming an officer by attempting to remove a firearm (148(d))
attempting to remove or take a firearm from the immediate presence of the officer or public officer while in the performance of his or her duties
What is APS? What info required to inquire?
automated property system file system containing serialized property records involving property and jewelry required info based on: -name: name, dob/age -serial #- serial, category/article code/brand
The identity of reporting parties for child abuse must
be kept confidential. even if it's a fake call. 11167 PC (misdemeanor)
how can CORI be accessed?
can be accessed from a number of different computer systems: - local - state - national
Each injury
can be it's own charge
207.1(b)
can confine juveniles for no more than 6 hours in a facility that contain lock up for adults.
Who is mandated under PC11166 to child abuse or respected child abuse?
child care custodians(including teachers and peace officers) - both medical and non medical practicioners - employees of child proctection agencies - child visitation monitors - firefighters - clergy (except when in confessional) - animal control officers - humane society officers - commercial film processors
Age restrictions for 288 PC Lewd or Lascivious Acts
child under 14, or 14-15 with bad guy 10 years older than child
what are the specific rules for Annoying or Molesting Children?
commits an act after entering an inhabited house or dwelling without consent (647.6(b) - arrest with prior conviction (647.6( c)(1)) - the subject commits the act and has a prior felony convition under 288 or PC311.4 use of a child for pornography - all of these are felonies
what is the vehicle/ vessel registration database? What info is needed to search?
contains info on all vehicle and vessel registrations: -license plate/CF numbers -description -name and address of registered owner or legal owner -status of the record -file automatically flagged if vehicle is placed in SVS info needed for search: -vehicles: license# or ID #, name or company -vessel: Hull/ID #, or registration #, name or company
What is the driver license/ID card database? what info is needed to search?
contains info on: -basic info, driving privilege, legal history, abstract of conviction, legal actions, record of accidents, identifying info. required for search: -Last name, first name -DL#/ID card # *last name is matched by sound-alike system. first name must be spelled exactly
272 PC
contributing to the delinquency of a minor. misdemeanor.
What are the elements of receiving / possession or stolen property (496 PC)
every person who knowingly buys, receives, conceals, sells, withholds, or aids in concealing, selling, withholding, any property obtained by theft or extortion. (felony)
What are the elements of arson (451 PC)
everyone who willfully and maliciously sets fire to or burns or causes to be burned or aids, counsels, or procures the burning of any structure, forest land, or property. (felony)
what can be classified as physical child abuse?
excessive spanking, punching, slapping or kicking, twisting limbs, burning, biting, cutting. Poking.
what does a peace officer need to be able to enter a residence without a warrant
exigent circumstances or valid consent from the occupant
Penal Code 11167.5 says....
failure to to maintain the confidentiality of the identity of a reporter of child abuse (misdemeanor)
what is the international registration plan database? What info is needed to search?
for drivers of commercial vehicles that travel in multiple states. no info listed for search
what are exigent circumstances
immenent danger to a persons life or safetyserious danamge to property, imminent escape of the subject or evidence is going to to be destroyed or removed.
Exigent circumstances means
imminent danger to a person's life or safety, serious damage to property, imminent escape of a suspect or evidence about to be destroyed or removed.
What is the mission of law enforcement when responding to an unusual occurrence
includes but not limited to: -establishing law and order -identifying necessary resources -enforcing emergency rules and regulations -providing emergency care for the sick and injured
what is threatening a public officer? (PC71)
intent to cause or attempt to cause a public officer or educational employee from doing or not doing something that is part of their job, by threat communicated directly to that person or their property and the threat must be credible.(felony)
What is the definition of Community Policing?
is both an organizational and personal philosophy that promotes police/community partnerships and proactive problem solving.
What is the definition of control?
is the ability to exercise a restraining or directing influence over something.
what is MNE
it is the four character address (terminal name)assigned by the (DOJ) and CLETS
601 W&I
juvenile custody of status offender- truant, disobeys rules and reasonable orders from school, parents, and authorities.
602 W&I
juvenile custody when participating in criminal act.
What is the crime of preventing or disuading witnesses or victims by intimidation to testify (P.C. 136.1 (a)) "intimidation of a witness"
knowingly and maliciously prevents or dissuades or attempts to disuade any witness or victim from going to court to testify (felony)
Possession of child pornography is to
knowingly possess or control anything showing a child engaging in or simulating sexual conduct
Define: possession of child pornography
knowingly possesses or controls any matter that shows a child under the age of 18 engaging in or simulating sexual conduct. (311.11) (felony)
Indicators of Physical Neglect of a Child include
lack of food or water, lack of supervision, unsanitary conditions, lack of heat, water or electricity, inadequate sleeping conditions, accessible weapons, presence of dangerous persons
what things should officers be aware of when conducting an inerview with w child victim.
maintain control of the interview, take the time to build rapport with the child and gain the child's confidence, use communication techniques that are sppropriet for the childs age and maturity - gather information regarding "who""what""when""where""why""
Define "Habitual truency"
means any child is absent without a valid excuse for more than three days or four or more times in a school year
what is posse comitatus?
means power of the county, came from the old west when an officer can deputize you on the spot when he is need of help, not really done now, but can be done
Failure to report child abuse or suspected child abuse is a
misdemeanor
Failure to report suspected child abuse is a
misdemeanor
Possession of Child Pornography 311.111 PC is a
misdemeanor unless prior convictions, then felony
Annoying or molesting children 647 PC is classified as a
misdemeanor, unless entered a house, a prior conviction under 647 or a prior felony
Does 647 pc Annoying or Molesting require touching?
no
Define Lewd Act
on which is committed with a disregard of social constraints
What can you spank a child with?
only your hand. Any tool is 273d Felony Child Abuse
Carrying a loaded firearm
person who carries a loaded firearm On person or In a vehicle In public or within a prohibited area MISDEMEANOR unless: Prior felony, or conviction for carrying a loaded firearm Knew stolen Gang member Not in lawful possession Convicted of crime against person or property or narcotics violation Not registered owner then FELONY
Define "Child Abuse"
physical injury on a child which is inflicted by non accidental means by another person
What is violating a court order? (PC 166(A)(4))
violating a court order, which is anything ordered to you by the court, must have been notified of the order, this crime is a (misdemeanor) unless there is a prior court order violation involving violence or force.(felony)
when can cell phones or radios be used to transmit criminal activity?
when the public or the officer is at significant risk and there is an immediate need for a criminal history information and information from other databases would not be enough
Biggest requirement to prove 273a PC
willful
Lewd or lascivious acts with a child requires
willful touching. bad guy to child or child to child
Arson
willfully and maliciously setting fire to a structure, forest land, or property
Define: Felony child neglect.
willfully causing a child to suffer underconditions likely to cause serious body injury, or placing a child in a situation or place where his or her health is in danger
Define: Child Harm injury or Endangerment (273a)
willfully causing or permitting any child to suffer, inflicting unjustifiable pain or mental suffering or allowing a child in your custody to be placed in a situation where his or her health is in danger ---conditions likely to case great bodily harm or death to the child 273a(a) - (felony) --- conditions OTHER than those likely to cause great bodily injury 273a(b) - (misdemeanor) --- assault on a child under the age of 8 which results in death 273ab - (felony)
Define physical abuse of a child
willfully inflicts upon a child any cruel or inhuman, punishment or injury, resulting in a traumatic condition.
Define: Threats of retaliation (P.C. 140).
willfully threatens to use force or violence upon a victim or witness. Or to damage or destroy any property of a witness. Because somebody helped Law Enforcement (felony)
Define: lewd and lacivious acts with a child
willfuly committinglewd or lacivious act upon the body of a child with the purpose of arousing, apealing to, or gratifying one's sexual desire or those of the child when the child is under 14 or the child is 14 or 15 and the suspect is 10 or more years older than the victim - Note: a sexual part does not need to be touched. the act must be sexual in nature to arouse either the suspect or the child. need not be bare skin touched and also includes victims being compelled to touch themselves (felony)
Define: physical abuse of a child (273d)
willfuly inflicts any cruel or inhuman, corporal punishment or any injury resulting in a traumatic condition - (felony) however specific specific intent to cause injury is not a requirement of this crime, it may be enough to prove criminal negligence
Are police officers mandated reports for child abuse?
yes