What is proportionality based on?
Proportionality shall be evaluated based on whether the use of physical force corresponds to immediacy and severity of the threat or resistance the officer encounters at the time force is applied as well as the seriousness of the LE objective that is being served. The threat of resistance may change over the course of the incident.
What two amendments is Miranda based on?
Based off the 5th amendment(self incrimination/silence) and 6th amendment(counsel/Legal representation)
5 areas to identify/recognize during CIT
Psychosis
-Suicidality
-Anxiety fear based
-Processes slowly or differently
-Personality issues
-aggressive
What are some Common crimes against people?
assault
-abuse & neglect
-harassment/stalking/hate
Describe & define hate crime
RCW 9A.36.080 Hate crime Class C felony
-Maliciously & intentionally causes or threatens to cause physical harm or physical damage to property because of the victims.
What is reasonableness based on?
Reasonableness shall be based on the totality of circumstances known to the officer leading up to the time force is used
What are the two prongs prompt Miranda?
Custody + interrogation = Miranda
*Custody- subject has been placed under arrest or subjects freedom has been deprived in any significant way.
*Interrogation- words or actions that elicit an incriminating response. Insinuating guilt or pretending to have evidence.
symptoms of schizophrenia
delusions, hallucinations, disorganization, other symptoms-poor hygiene, social withdrawal, apathy.
What is assault?
An attempt with unlawful force, to inflict bodily injury upon another
-an unlawful touching with criminal intent
-putting another in apprehension of harm
Act+ intent + harm
Act + intent – harm
Act+ intent + victim has reasonable + imminent fear
Drive by shooting definition
Totality of circumstance
all known facts known to the officer leading up to decision.
Custody factors to consider(7)
verbal tactics for schizophrenia
what is assault 1?
Assault in the first degree- Class A Felony RCW 9A.36.011
Option 1
Frisk scope
-safety of officers and public based on specific facts
-limited search for weapons
-outer clothing
-areas within distance
-items in possession
-removal of weapons
Frisk is allowed when giving non arrest transport
What are the lawful purposes that justify use of force
Interview characteristics (6)
Non accusatory
Conversational
Open ended questions
Initial information and investigation
Time limited
Usually out of custody
Verbal tactics for dementia
characteristics of harassment?
two key parts of terry
legal authority and reasonably related in scope
Definition of Necessary from use of force pp
under the Totality of circumstance a reasonably effective alternative to the use of physical force or deadly force does not appear to exist, and the type and amount of force used is reasonable and proportional response to effect the legal purpose intended or to protect against the threat posed to the officer or others.
Interrogation characteristics (6)
Accusatory
Adversarial
Probable cause has been established
Confession oriented
No time limit
Usually in custody
Easy go to statement and questions from the end of the CIT PP
Characteristics of harm by stalking?
Harm by stalking 9A.46.110
name 3 thing you cant do during a social contact
No: retain or walk away with ID
No: Request or conduct a frisk or search
No: restrict movement or restrict them from leaving
No: demand ID