Test 6

The required level of suspicion is often described as suspicion that "_____ ____ ___ ____"

"criminal activity is afoot"

At a minimum, four factors used to assess reasonableness of an investigatory stop:

(1) the length of the detention; (2) whether the officer diligently pursued the basis for the initial stop; (3) whether the suspect was required to move from one location to another; and (4) whether there were alternative, less intrusive means available.

What are the four factors considered in determining whether an area in the curtilage should be afforded the same protections as the home?

(1) the proximity of the area to the home; (2) whether the area is within an enclosure surrounding the home; (3) the nature and uses to which the area is put; and (4) the steps taken by the resident to protect the area from observation by passersby.

You have exigent circumstances when you have...

- A need to protect life - Prevent loss / destruction of evidence - Have no time to get a warrant

Reasons to impound a vehicle include....

- Broken down in a roadway - Driver unconscious - No one available to release the vehicle to - No way to secure the vehicle - Hazard - Exceptional risk to vehicle

To articulate a suspicion requires that the explanation of your grounds for suspicion should be...

- Clear - Meaningful - Understandable - Coherent - Persuasive - Lucid

Indications of a non-consensual encounter include:

- Conduct which would be threatening or offensive if done by private citizen; - Pursuing a person; "Stop," "get on the ground," "stay there," "don't move," etc. - Other language: "I need you to..." "Give me," "Show me," etc. - Holding onto identification papers or other property; - Blocking the path of suspect (or their vehicle); - Physically grabbing and moving the suspect; - Encircling the suspect by many officers; or - Pointing a gun at the suspect

What are the three types of law enforcement contacts?

- Consensual contacts - Investigative detentions (Terry Stops) - Arrests

What are the 6 types of patrol methods?

- Foot patrol - Bicycle patrol - Horse patrol - Vehicle Patrol - Motorcycle Patrol - Boat Patrol

What are the Three M's of Verbal Judo?

- Maximum efficiency - Maximum effectiveness - Minimum effort

What affects the public perception of law enforcement?

- Past incidents - Government - Media portrayal - Police appearance and responses - Perception of corruption

Warrants require...

- Probable cause - Oath and Affirmation - Particularly describing the place to be searched, and the persons or places to be seized.

Police cannot enter and search a home without a search warrant and absent exigent circumstances, except in limited circumstances, including...

- Protection of lives (Rescue) - Protection of officers or others - Prevent destruction of evidence - Hot Pursuit / Prevent Escape or Flight - Prevent substantial property damage - Probation or parole search - Arrest Warrant (Maybe)

What factors affect our perception?

- Shift work, supervisors, agency culture - Family, friends, neighbors, personal stress - News media, public perception, pop culture - Day to day stress of being a LEO and call response

What things affect crime trends?

- Time of day (day vs. night) - Days of the week (Monday vs. Friday) - Response times - Easy targets - Gangs in the area - New business and developments

Generally, in order to conduct a search or seizure, police must have probable cause. There are some exceptions, however, that only require a reasonable suspicion. Some of those examples include...

- Vehicle stops - Field ID procedures - Weapons frisk - Vehicle pat-down - Protective sweeps

Exigency includes situations where a delay might:

- endanger police or other persons; - result in the flight of the suspect(s); - risk the destruction of crucial evidence.

Under C.R.S. 16-3-103, stopping of a suspect, peace officers may stop any person who he/she reasonably suspects is committing, about to commit, or has committed a crime, and may require....

- name & address; - ID if available; - explanation of actions; - But not SSN, and:

Factors that suggest a Terry stop and not a consensual encounter:

- physical touching of the person; - Any suggestion or implication that compliance is required - "Show me your hands;" - A pat-down, absent consent, will likely make the encounter a Terry stop

What are the 5 steps in the 5 step hard style?

1. Ask 2. Set Context 3. Present options 4. Confirm 5. Act

Protective sweeps are allowed in two situations. What are they?

1. Authorities can look in closets and other spaces" immediately adjoining the place of arrest from which an attack could be immediately launched. 2. Articulately reasonable belief there is someone in the hour, and that person may be dangerous.

What are the 8 tactical steps?

1. Greeting 2. ID Self/Department 3. Reason for Stop/Contact 4. Any justifiable reason for (speeding etc.) 5. Drivers license/ID 6. Registration and Insurance 7. Decision 8. Close

There is a two-part test for determining admissibility of out-of court photographic identification. What are they?

1. Whether the photo array was impermissibly suggestive, which the defendant has the burden of proving. 2. If the defendant's burden is met, the burden shifts to the People to show that despite the improper suggestiveness, the identification was nevertheless reliable under the totality of the circumstances.

A warrant must be executed within how many days?

14 days

There has been an __% reduction in citizen complaints after verbal judo.

80%

___% of a LEO's job is verbal communication.

97%

What if you have an arrest warrant for a person for whom you have probable cause to believe that he is hiding in someone else's home?

A search warrant for that home is required to execute an arrest in a third party's residence, in order to protect the Fourth Amendment rights of the third party.

Identifying your information source is about finding someone who can provide you with detailed and ______ information about criminal activity in your area.

Accurate

Analysis is...

Analysis is Collecting information to identify its scope, nature, and cause

Assessment is about...

Assessment is about evaluating the effectiveness of the response.

Examples of information sources include...

Business owners and employees "Frequent fliers" Security officers Landlords

When you are in a foot pursuit always watch the ________.

Corners

What is curtilage?

Curtilage is the area surrounding a home where occupants have a reasonable, but diminished expectation of privacy from government intrusion.

Once a crime scene is stabilized....

Designate someone to provide scene security.

True or false: On scene with a dead body, it is important to cover the body with a blanket.

False

True or false: Police need a reason to initiate a consensual encounter?

False

True or false: Pretext stops are not allowed.

False

True or false: You can chase a suspect into a house if they committed a non-dangerous offense?

False

True or false: In order to secure the rights of the accused, it is necessary to read Miranda rights several times.

False- You only have to read each time you re engage.

When contacting someone, always pay attention to what can hurt you, especially the _____

Hands

When contacting someone with a cover officer stand in a _ formation

L

If you discover a gun on a crime scene...

Leave it alone in an already secure scene.

Two parties with standing... If one consents and one objects, may you search?

NO! If one of the persons with standing to consent refuses while present at scene, the other person's consent is invalid.

What is the goal/theory of neighborhood oriented policing (NOP)?

NOP is Problem-solving within the individual neighborhood.

Can a landlord consent to search of tenant's apartment?

No

There are numerous considerations concerning preliminary investigations, the most important is...

Officer safety

What is/are the purpose(s) of search incident to arrest?

Officer safety, the prevention of escape, and the preservation of evidence.

What is the goal/theory of problem-oriented policing (POP)?

POP is a proactive response to a specific area of concern or hotspot.

Proactive patrol is taking an...

Proactive patrol is taking an aggressive approach by taking the initiative against crime.

An arrest requires ____ _____. It is the same standard for a search or an arrest with or without a warrant.

Probable cause

Reactive patrol is...

Reactive patrol is responding to specific calls for service (criminal or non-criminal.)

What do you need for an investigative stop?

Reasonable suspicion

Response is...

Response is developing strategies to address the problem and implement the response.

What is the four stage problem-solving process?

SARA - Scanning - Analysis - Response - Assessment

Scanning is...

Scanning is identifying problems and criminal activity.

Warrantless searches also require PC (but sometimes just RS) and...

Something more

The U.S. fourth amendment protects against....

The U.S. fourth amendment protects against unreasonable searches and seizures by the government.

An officer may only search a vehicle incident to arrest if...

The arrested occupant is unsecured and can access the interior of the vehicle, or It is reasonable to believe that evidence of the offense of arrest might be found in the vehicle.

Which amendment relates specifically to pedestrian contacts?

The fourth amendment

In evaluating whether a pretrial photo identification procedure is impermissibly suggestive, a number of factors may be relevant. These include the ____ __ ___ ____, the ____ ___ ____ ____ by the officers, and the ____ ____ ___ ____ themselves.

These include the size of the array, the manner of its presentation by the officers, and the details of the photographs themselves.

What is the goal/theory of Community-oriented policing (COP)?

To Create a working relationship between the community and the police.

What are the 5 functions of patrol?

To deter crime (crime prevention). To enhance feelings of safety To respond to calls for service To respond quickly to law violations and emergencies Interact with the community.

True or false: A pat down is a cursory search over the outside of clothing, but may also include the interior of a vehicle or other area. A pat down is a search conducted to ascertain if a weapon is present.

True

True or false: Consensual encounters do not implicate the fourth amendment.

True

True or false: Police cannot justify warrantless search and seizure in a home based on a "community caretaking" basis.

True

True or false: Police may enter to capture a person who retreats inside when they lawfully attempt to detain or arrest him while he is in a public place.

True

True or false: Searches conducted by private persons, without any governmental involvement, are private actions not protected by the Fourth Amendment.

True

True or false: The Fourth Amendment does not protect "open fields" such as pastures, wooded areas, open water, and vacant lots. The open fields exception applies even to fields that are fenced and posted.

True

True or false: The application of physical force to the body of a person with intent to restrain is a seizure even if the person does not submit and is not subdued.

True

True or false: Under the Carroll Doctrine, police officers, who have legitimately stopped an automobile and have PC to believe contraband is concealed somewhere within it, may conduct a warrantless search of the vehicle, including any containers in which evidence might be found.

True

True or false: When the vehicle serves as an instrumentality of the crime (Hit-run, drive-by shooting), it may be seized and subjected to search and laboratory examination.

True

True or false: Where marijuana is "legal," any search by a dog trained to detect marijuana is a 4th Amendment intrusion and must be supported by probable cause.

True

True or false:If police reasonably believe that a burglar, vandal, arsonist, or other criminal is within private premises committing or attempting to commit a property crime that may result in substantial loss or damage, they need not await a warrant to enter and prevent or minimize the loss.

True

True or false: A search warrant may be issued by any judge of a court of record (including municipal court judges under municipal court rules)

True: A search warrant may be issued by any judge of a court of record (including municipal court judges under municipal court rules)

True or false: An affidavit may include sworn testimony reduced to writing and signed under oath, and a copy of the affidavit and of the transcript of testimony taken shall be attached to the search warrant filed with the court.

True: An affidavit may include sworn testimony reduced to writing and signed under oath, and a copy of the affidavit and of the transcript of testimony taken shall be attached to the search warrant filed with the court.

True or false: PC to search means that based on the totality of the information there is a fair probability that contraband, evidence, or a person will be found in a particular place.

True: PC to search means that based on the totality of the information there is a fair probability that contraband, evidence, or a person will be found in a particular place.

True or false: Plain view justifies seizure of items in circumstances other than the execution of a warrant.

True: Plain view justifies seizure of items in circumstances other than the execution of a warrant.

True or false: Probable cause to arrest exists if, based on the totality of the circumstances, there is a fair probability that the suspect is committing or has committed a crime or the crime.

True: Probable cause to arrest exists if, based on the totality of the circumstances, there is a fair probability that the suspect is committing or has committed a crime or the crime.

What is the test to determine whether a contact is consensual or not?

Whether a reasonable person under the circumstances would believe he/she was free to leave and/or to disregard the officer's request for information.

May a juvenile not in custody consent to a search?

Yes

May consent be withdrawn?

Yes

When serving an arrest warrant, can police enter a home if there is a reasonable belief that the suspect lives in the residence and a reasonable belief that the suspect is within the residence when they enter.

Yes

May a juvenile in custody give consent?

Yes, but only when a parent or legal guardian is present and concurs

Articulable means "____ __ _____ __ _____."

able to explain in words

A reasonable officer means...

an officer with reasonable knowledge of what the law prohibits.

A Terry Stop is a ____ and ____ detention to investigate a crime.

brief and cursory

Rule 41: Execution and return says Must give to the person from whom or from whose premises the property was taken a ____ ___ ___ ____ and a ____ ____ ___ ____ or leave the copy and receipt at the place from which the property was taken.

copy of the warrant and a receipt for the property

The ____ ____ ____ imputes shared information to an individual officer if two conditions are met: First, the officer must act "at the direction of, or as a result of communications with another officer," thus ensuring that he acted pursuant to a coordinated investigation. Second, "the police as a whole" must possess the information.

fellow officer rule

Strip searches must be ____ ____ ____ ___ ___ ___ and requires _____ ______ of police commander or sheriff or their agent.

performed by a member of the same sex and requires written permission

A Terry Stop must be supported by_____ _____, based on ______ and ________ facts, that a crime has occurred or is about to occur.

reasonable suspicion, based on specific and articulable

An investigative detention (Terry Stop) must be supported by _____ _____, based on ____ ___ _____ facts, that a crime is occuring, has occurred, or is about to occur.

reasonable suspicion, based on specific and articulable

Reasonable suspicion to stop & detain is DIFFERENT than reasonable grounds to frisk; You must have _____ & ______ reasons to pat someone down upon contact:

separate & specific