Hosers
Who is capable of committing crimes?
1. Any child under the age of ten years
2. any child 10 years of age but younger than 14, in the absence of roof that at the time of committing that act or neglect charged, the child knew its wrongness
3. any person who committed the act charged without being conscious
4. any person who committed the act or made the omission was charged while under involuntary subjection to the power of a superior
Describe means, opportunity, jeopardy
means: tools or item used to place the officer or another person at risk of serious bodily injury or death
opportunity: how does the subject have the ability to leverage the means to place an officer at risk
jeopardy: who specifically was at risk of imminent danger or death
What are two lawful methods and procedures officers can enter a persons home?
1. With a warrant (arrest warrant, search warrant)
2. Probable cause and exigent circumstances
3. consent
Where is the reach zone?
extends forward an arms length from where the crisis zone ends
What is a negligent tort?
An officer fails to behave with the level of care that a reasonable person would have exercised under the same circumstances
What gives you the authority to control the movement of the driver and occupants during a traffic stop?
Pennsylvania V Mimms
When can you arrest someone?
1. Power to arrest without a warrant (PC)
2. Circumstances permitting a warrantless arrest
3. Arrest warrant
4. Summons
What are the 4 elements to determine if negligence occurred?
Duty:all people have a duty to act with reasonable care towards those with whom they come in contact with
Breach:fails to exercise with reasonable care
Causation: breach is the cause in fact or proximate cause of the injury
Damage: The plaintiff suffered some damages due to the breach
What requirements did Tennessee V Garner set forth when an officer can use deadly force on a fleeing felon?
The officer must have probable cause to believe the fleeing felon poses a significant deadly danger to himself or others
The use of deadly force was immediately necessary to stop that threat
Where is the point of reflex zone?
Explain the Carroll Doctrine
A vehicle can be searched without a search warrant if there is probable cause to believe that evidence of a crime is in the car, coupled with exigent circumstances/motor vehicle exception that the car could be moved.
What is the difference between Carroll and Belton/Gant?
Carroll is a warrantless search of the ENTIRE vehicle based on PROBABLE CAUSE and exigent circumstances/motor vehicle exception
Belton/Gant is a warrantless search of the passenger compartment(so anything they can reach) after a custodial arrest of driver or passenger.
What does the acronym DONE stand for?
D - Danger
O - Overriding concern
N - No Progress
E - Escape
What are the Graham Factors?
1. What was the nature/severity of the crime
2. How did the subject pose an immediate threat to the officers/others
3. How was the subject actively resisting arrest/attempting to flee
arc from where it overlaps the point of reflex zone to the front fender of the vehicle, sometimes referred to as the "kill zone"
Explain Belton/Gant
- Arrest must be lawful
- Scope is limited to unlocked containers
- must articulate reasonable suspicion the vehicle contains evidence of the crime you are making the arrest
What is an intentional tort?
An officer without justification, intentionally commits an act that is recognized by the law as a tort (an act or omission that gives rise to injury or harm)
ex. Assault, emotional distress, false imprisonment, battery
Two different lines of defense are summary judgement: not breaking the constitution or Qualified immunity: laws were not clear at the time the officer acted
What is the crisis zone?
strip 20 inches wide that starts at the rear bumper of the vehicle, ending about 10 inches from the drivers door
Explain Ethos, Logos and Pathos
Ethos: people being persuaded to comply because it is perceived as the ethical or moral thing to do
Pathos: being persuaded by reasoning that touches their personal sentiments or emotions
Logos: uses logical explanation in order to change a persons mind
When can you frisk a vehicle?
1. Reasonable suspicion of a weapon
2. Information concerning weapons in the vehicle
3. Nature of the offense you are stopping the vehicle for
4. Items in plain view appear to be weapon
5. Known history of the occupant
1. Go with certainty
2. Be timely
3. Go in person
4. Go in pairs
5. Make the approach
6. Use plain language
7. offer condolences
8. ending/ leave with someone
9. self reflection
What are the 6 steps to make a tactical assessment?
1. prevent
2. build a habit
3. know your jurisdiction
4. observe
5. visualize
6. constantly reassess the situation
What are the 5 basic premises of criminal law?
1. There must be an act or an omission
2. the suspect must have a mental state
3. concurrence
4. causation must be present
5. principles of construction
What does Terry v Ohio state?
What must be proved in addition to the element of a crime?
Prove the identity of the accused
prove the date of the crime
prove the location or jurisdiction of the crime
must also, with rare exceptions, prove criminal intent