Judicial Process
In what Circuit is CO?
10th
What is Crime?
A violation of social order, ordinances, or CRS.
O.M.G.
Outlaw Motorcycle Gang
4th Amendment
Reasonable expectation to privacy.
AZ v Gant
Search Incident to Arrest in a vehicle - Officer Safety
Protected under...
Person, property, papers, domicile
Probable Cause
Resonable grounds, a PROPONDERANCE of evidence, that a a person has committed a crime or can be searched.
4 D's
Harden Target: Detect, Delay, Deny, Deter
Court Order for non testimonial evidence
41.1
Standing
Is the right of a person to challenge the conduct of another party in court - "Skin on the game"
What Makes a gang?
3+ people, permanence, criminal activity
1st Amendment
Right to freedom, petitions, religion, speech, press, assembly, and from grievances.
Terry v OH
"Terry" Pat/ Frisk, officer safety for obvious bulges including guns, knives or drugs
Exigency
A set if facts that call for IMMEDIATE action - public saftey
Constitutionss of a Seizure
Show of Authority - Commands
Physical seizure - with intent to subdue
SARA model
Scanning, Analysis, Respond, Assess results
CO Court system
County
District
Court of Appeals
Supreme
Jurisdiction
defines by geolocation, territorial range, legal power to hear and decide cases - State v Federal
Gangs that Originated in LA
(Mara Salvatrucho)MS- 13, Crips, Bloods
2nd Amendment
Right to bear arms shall not be infringed.
Mapp v OH
"Exclusionary Rule" - a law that prohibits the use of illegally obtained evidence.
Sunlight Rule
Where the viewer is lawfully and rightfully positioned.
Search incident to Arrest
A lagal principle that allows LE to search an arestee and immediate area at the time of lawful arrest- home or vehicle
Crime Triangle
TOA - Target, Opportunity, Ability
Violations of 4th Amendment
Only applies to to govt officials or its agents and DOES NOT apply to private civilians.
Adversarial System
State v individual - Individual has rights, presumed innocent until proven guilty
Gang Related Crime
A crime in which either a subject or victim is a known or suspected gang member.
7th Amendment
Right to a trial by jury.
Chimel v CA
Search incident to arrest in a home
Plain View
Observations - Right to be, right to see, right to seize.
What is a search?
Privacy interest - a govt intrusion into an area where a person has a reasonable expectation to privacy.
Henry Fielding
Founder of Crime stopping
Appellate Jurisdiction
Decisions from circuit court
Federal Court System
District - Lowest level, trial
Circuit - Middle level, courts of appeal
Supreme - Highest level, courts of appeal, limited to original jurisdiction
Knifing off
Leave gang rapidly/ suddenly
5th amendment
Protection against double jeopardy, protection against self-incrimination, the right to a fair trial, and protection against the taking of property by the government without compensation.
GA v Randolf
Exclusionary Rule
Prevent the use of illegally obtained evidence to be used in court - "inadmissible"
Mapp v OH
What is a seizure?
Possessory interest - circumstances surrounding an incident that a reasonable person would NOT feel free to leave
Show of Authority - Commands
Physical seizure - with intent to subdue
CPTED
Natural Control - Crime Prevention Through Environmental Design
Original Jurisdiction
Reserved for disputes between States
CO Trial Courts - District
District - General Jurisdiction, Criminal- felonies, family law, civil up to $100
Gang Motivated Crime
Gang Marketing - to promote, further assist the cause
8th Amendment
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted
Riley v CA
Expectation of privacy in a public place, Pay phone tap
CREW
Consent, Recognized, Exception, Warrant
Probable cause
Exist if the totality of circumstance is known to LEOs
3Ways to control Crime
Organized Control (SOPs)
Mechanical (alarms, lights, locks, fences, gates)
Natural- CPTED
Duel System
Jurisdictional - Federal and State
CO Trial Courts - County
Limited Jurisdiction - Criminal Misdemeanors, traffic, small claims, probate
MotorCycle 13 patch
Distribution
14th Amendement
Right to due process, No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law
Rodriguez v US
Extended traffic stops
Constitution to conduct a search
A fair probability of guilt
Non custodial arrest
a temporary detention of a person for the purpose of issuing a written summons or notice
Common Community Partnerships
Groups, non profits, private businesses, govt agencies, media
Inquisitional System
State v the ANSWERS
CO Trial Courts - Municipal
Limited jurisdiction - Criminal violations of muni codes/ ordinances, zoning, parking, traffic, animal control
18-23-102
Ability to recruit a juvenile into a gang.
6th Amendement
Right to a public trial without unnecessary delay, the right to a lawyer, the right to an impartial jury, and the right to know who your accusers are and the nature of the charges and evidence against you
Reasonable places to lawfully be on curtliage
FL v Jardines
AAA rule
Abandoned vehicle which does not have the ability to move is not exigent and need a warrant if on
Affidavit
Document comprised of Probable cause and areas of search, presented to judge- to get a warrant.
Building Partnerships
Reconnect, Be proactive, collaborate, community strategy, efficate the community's role to help and be involved.