Legal Basic
What are the general elements of a crime?
(4)
•A prohibited act (“actus reus”) and …
•A specific mental intent (“mens rea”) that …
•Occur at the same time (“concurrence”) and …
•Bring about a particular result made unlawful by the statute (“causation”)
The Purpose of the Fourth Amendment to the United States Constitution
is to guarantee rights relating to arrests, searches, and seizures of persons
What are the 4 graham factors?
•Severity of the crime suspected (e.g., theft vs. armed robbery)
•Whether the suspect is an immediate threat to the safety of officer(s) or others
•Whether the suspect is actively resisting
•Whether the suspect was attempting to evade arrest by flight
What are the types of child abuse
(4)
•Physical abuse – an act of commission toward a child by the parent or caregiver that results in harm to the child or is intended to harm the child
•Neglect – an act of omission that can be a single event or a pattern of unsafe or inadequate care
•Sexual abuse – engaging in sexual activities with children
•Emotional abuse – damaging interactions between a parent or caregiver and child that are repeated, resulting in the child feeling unwanted, unloved, or worthless
what are the 5 Tenets of Below 100?
1.Wear your belt
2.Wear your vest
3.Watch your speed
4.WIN – What’s Important Now?
5.Remember: Complacency Kills!
Define Purposely
•Purposely – A person acts purposely when it is the person's specific intention to cause a certain result, or, when the gist of the offense is a prohibition against conduct of a certain nature, regardless of what the offender intends to accomplish thereby, it is the offender's specific intention to engage in conduct of that nature
Draw the The Relationship Between Degrees of Suspicion and the Responses Allowed
by the Constitution on the board.
PBRD- Conviction
PC- Arrest
RAS- Detain
Hunch- Consensual
What are the two types of resistance?
give an example of each
Passive Resistance
Active Resistance
Under the ORC, A Peace Officer May Remove a Child From Their Caregiver When Any of the Following Conditions are Present
•There are reasonable grounds to believe that the child is suffering from illness or injury and is not receiving proper care, as described in R.C. 2151.03 [Neglected Child Defined], and the child’s removal is necessary to prevent immediate or threatened physical or emotional harm
There are reasonable grounds to believe that the child is in immediate danger from the child’s surroundings and that the child’s removal is necessary to prevent immediate or threatened physical or emotional harm
What are three uses of field notes?
•Preservation of knowledge in written form
•Foundation of the formal, written report
•Aids in further investigation
•Evidence in court
•Documentation of the officer’s efforts in the field
Define Knowingly
•Knowingly – A person acts knowingly, regardless of purpose, when the person is aware that the person's conduct will probably cause a certain result or will probably be of a certain nature
When is a person seized?
•In view of all of the circumstances surrounding the incident, a reasonable person would believe that the person was not free to leave
When may Handcuffing be considered Unreasonable Force?
3 part test
•Plaintiff complained that the handcuffs were too tight
•The officer ignored those complaints
•The plaintiff experienced some physical injury resulting from the handcuffing
Paraphernalia Associated with Cocaine Use
Pipes to smoke crack, small mirrors, short plastic straws, rolled up paper tubes, razor blades, small spoons, lighters, butane torch, Chore Boy, push rods (e.g., coat hanger), tire pressure gauges, aluminum cans
What are guidelines when taking field notes?
(3 or more principles)
•Head notebook page with day and time of shift
•Do not place information from one incident on the same page with information from another incident
•Write or print neatly so you can read and understand your notes later
•Ask clarifying follow-up questions
•Be as complete as possible
•Consider the use of electronic data device or template
•Do not record personal information in your notebook
•Record all information in ink
•Let victims and witnesses talk through the event before you start recording notes
Define Recklessly
•Recklessly – A person acts recklessly when, with heedless indifference to the consequences, the person disregards a substantial and unjustifiable risk that the person's conduct is likely to cause a certain result or is likely to be of a certain nature
The Requirements Which Must Be Established Before a Terry Pat Down/Frisk
Officers are required to articulate a reasonable belief that the suspect is armed AND the suspect poses a threat to them
When Use of a Chemical Weapon May Be Considered Unreasonable Force
•Using chemical weapons on an arrestee who has already been subdued and who poses no threat is excessive force (i.e., it is not reasonable to use a chemical weapon on someone after they have quit resisting)
General Indicators of Narcotic Use
•“On the nod” (i.e., an alternately wakeful and drowsy state)
•Droopy eyelids
•Depressed reflexes
•Dry mouth
•Facial itching
•Low/raspy speech
•Fresh puncture marks may be evident
What are the essential questions answered in a report?
(6)
•Who
•What
•When
•How
•Where
•Why
Define Negligently
•Negligently – A person acts negligently when, because of a substantial lapse from due care, the person fails to perceive or avoid a risk that the person's conduct may cause a certain result or may be of a certain nature
To Justify a Warrantless, Nonconsensual Entry Into a Private Residence in Order to Make an Arrest
Exigent circumstances must exist which demand an immediate response
Circumstances When an Officer May Use Deadly Force to Achieve a Seizure
•The USSC determined that the Fourth Amendment permits law enforcement officers to use deadly force to achieve seizures in two general circumstances
‒To protect themselves or others from immediate threats of serious physical injury and/or …
‒To prevent escape of a fleeing “dangerous” person
The Most Utilized Methods of Manufacturing
Methamphetamine in Ohio
•One Pot/Shake-n-Bake method
•Red Phosphorous method
•Birch Reduction method
•Conversion lab
What are the requirements of a well written report
•Complete
•Factual
•Accurate
•Objective
•Concise
•Clear
•Grammatically and mechanically correct