week 2 basic law

S AND S

100

LT. VAN BRACKEL was walking past a car on the sidewalk on Discovery Blvd. and smelled something to be similar to marijuana and looks in the car and sees a bag out of a backpack? can he seize this ? and was it lawfully? what makes it lawful?

yes, he was in  a public space and used the plain view doctrine but also had PC from the training and experience for being on the POLICE for 900 years

200

Anderson and ASAP make entry to a building that was abandoned they stubble on a much of guys with gallons of Drug paraphernalia they then arrest the guys and freeze the scene? was this seize legal ?what makes it lawful?  

yes, it was abandoned and us Cops always investigate abandoned items seeing the guys exchanging the drugs and money that gave PC to arrest 

300

Morris and Johnson are on patrol in the west sector they get out the car and start walking around checking houses making sure everything is checking out. they walk up to this one house and walk on the grass and see crack is being made in the kitchen they make entry and freeze the scene was this arrest lawful? 

no, they violate the curtilage to get PC so with the exclusionary rule the evidence was thrown out

400

SGT Silver is on car for a assault that turned into a homicide the victim was killed by a gun shot wound to the head the get away driving was said to be driving a get away truck F1-50 so they stop traffic after the helicopter pilots see the truck going east on Mackenzie so they block traffic and see the car they surround them and they jump out the truck  and start running they run through this yard and see much of poppy seed plants do after catching the guy they they go back freeze  the scene? was this seizure legal ? and lawfully ? 

yes, while in hot pursuit of a suspect they then saw the plants with the plain view doctrine 

500

ASAP is on a call and is called to this apartment complex where there is a dispute over trash being left out and the event turned violent the male subjects get into a altercation while Officer ASAP is then seeing a woman throw a bag from her balcony  of trash at one of the men. the bag splits open and a bunch of meth paraphanila falls out. ASAP freezes the scene and take the woman into custody then and then proceeds to search the apartment she resides in and finds kilos of crack and heroin  was this a Legal and lawful search  

yes, because with PC after the throwing of the trash bag he can then search the premises where the bag came from plain view doctrine  

Definitions

100

what is a Arson building ?

any dwelling

hotel, commercial structure, automobile

truck, watercraft, aircraft, trailer, sleeping car, 

railroad car, any structure with valid certificate occupancy 

200

what is Domestic violence 

Any kind of physical injury with or from spouse, former spouse, parent, child, stepchild, grandparent, any child in the home if the victim

300

pecuniary benefit

form of money, property, commercial interest or anything else the primary significance of which is "ECONOMIC GAIN"

400

what is fiduciary? 

places special trust, confidence, and reliance in is influenced by another who has a fiduciary duty to act for the benefit of the party 

500

seizure to people and proerty 

1. taking a persons property into custody 

a. person: arrest, terry stop, traffic stop

b. property: evidence, crime scene, store found property  

Scenarios

100

Morris walks in to a house with a gun naked and then robs the mother of her. what crimes have been committed?

Burglary 1st 

robbery 2nd 

disorderly conduct 1st

Lists

100

deadly weapons

1. WMD         5. karate sticks

2. GUN          6. death throwing stars

3. Knife          7. slapjack or blackjack

4. Club/ Billy stick  8. artificial knuckles 

200

9 locations where weapons carried concealed are prohibited 

any police and sheriff stations 

any jail or prison 

any courthouse

meeting of a government body 

establishment where alcohol is sold ( BAR) 

school child care facilities  

airports past the security point 

where federal law prohibits 

private or public property when posted 

300

verbs in traffic

manufacture

distribute

dispense

sell transfer  

possesses with intent to manufacture 

400

lack of consent

forcible compulsion

incapacity to consent 

physically helpless

mentally incapacitated 

incapable of consent if under 16 and 17 and the actor is 10 years or older  

500

needs of  a child 

supervision 

food

shelter

education 

medical care 

DV

100

if two sibling fight is that domestic violence ?

no, that would be assault because they do not fall under the category of spouse, former spouse, parent, grandparent, any child in the home if the victim 

200

ASAP inflicts fear on to his spouse is this DV ?

yes

300

whats the difference between TIPO and EPO?

TIPO is valid for six months 

EPO is valid for 14 days 

400

list 6 actions available for a EPO then list the 2 DVO as stated in the KRS

EPO

1. no contact 

2. no violent contact

3. no damaging property 

4. direct the adverse party to vacate the residence 

5. award temporary custody 

6. enter the orders the court believes will be assistance in eliminating future acts of DV and abuse 

the TWO added for DVO

7. direct that either or both parties receive counseling services available in the community 

8. award temporary support

500

explain when an EPO or DVO becomes effective and how long an officer must wait prior to acting upon it?

at the time of personal service or when the respondent is given notice of the existence and terms of the order by a peace officer or the court 

after notice of the existence and terms of the order is given to the respondent, a peace officer or the court may enforce the terms of the order and act immediately upon any violation of the order