Law
Name 3 of the four types of Law
What is Criminal Law, Civil Law, Statutory Law and Common Law
Explain Territorial Jurisdiction
What is Geographic Limits of Authority, The area in which an Officer has the ability to enforce the Laws or Types of Laws depending on his/her duty.
What is Voluntary Contact ?
What is When an Officer interacts with a citizen on a voluntary basis. The citizen is free to leave at any time. Police officers don't need special permission to say hello.
Define Limitations of Consent Searches ?
What is the citizen can dictate where the officer can and cannot search, how long the search continues and the burden of proof for consent is always on the Officer.
When do the police need to read Miranda Rights to a suspect ?
What is during Custody and interrogation or upon arrest if immediate?
Describe the first amendment
What is freedom of Religion, Speech, Press, Assembly and Patition
What is Reasonable Suspicion?
What is Minimal level of Objective Justification, more than a hunch but less than probable cause. Reasonable Suspicion leads to Investigative Stop.
What is Investigative Detention?
What is generally 20 min time frame with the purpose of Law Enforcement Officer to establishing probable cause.
Explain incident to arrest search in vehicle
What is The automatic right to search the arrested person and their lungeable area. (Does not extend to the interior of vehicle)
Who can issue a non-testimonial identification order?
What is District Attorney
What are the consequences if a Law Enforcement Officer violates a citizens Constitutional rights? (Civil and Criminal)
What is Felony charges against the officer (criminal), being sued (civil), criminals going free
2 of 3 is ok
What is Probable Cause?
What is ...A Crime was probably committed and they probably committed it. (A reasonable person would believe) Probable Cause leads to Arrest.
The purpose of Arrest?
What is initiating criminal prosecution
What are Exigent Circumstances to search without a Warrant?
What is when both probable cause to search and danger to the officer, danger that evidence could leave jurisdiction, or destruction if officer doesn't act immediately.
Define curtilage
Area immediately surrounding a domicile where the inhabitants would reasonably expect to have a right to privacy. Does not include large open fields and spaces (or any buildings there), which residents are likely not to use on a day to day basis.
What are the two levels of severity when a law is broken?
misdemeanor and felony
What is the Plain View Doctrine?
What is with Lawful Presence the ability to enforce based on evidence which is Immediately Apparent in plain view, or found with plain feel, plain hear, plain smell. Devices which amplifies what is there may be used to discover. No expectation of privacy in Air
What are the statutory procedures an officer must follow after arrest?
What is without unnecessary delay go to the Magistrates office, seek medical attention if necessary, allow the defendant to communicate with lawyer, family and friends. (Consulate notification if applicable/ Translator).
Define a Protective Sweep
What is the sweep of a residence or scene of a crime to secure it and the safety of all on scene or in route to scene.
Explain Open Fields and Woods
What is No expectation of privacy in Open Fields and woods property. (If property is marked correctly there is expectation of privacy)
Which amendment preserves a citizen's right against self-incrimination?
5th amendment
What is the Carroll Doctrine?
What is Authority to search in vehicle if its in a public place, and there is probable cause. (No Search Warrant Necessary)
Who always has a larger burden of proof for interactions between Citizens and Police Officers?
What is the Law Enforcement Officer.
What is a Search Warrant affidavit?
A written justification for any given search warrant to be issued. Usually, it is written by a police officer or detective to explain to a judge why they want the warrant.
Is there an expectation of privacy for the trash on the outside of the curtilage of a home?
What is no.