Searches and Seizures
What does the Fourth Amendment protect an individual from?
Unreasonable searches and seizures.
What is required for something to be considered an emergency
A sudden or unexpected happening that calls for immediate action to protect the health, safety, welfare or property of a person from actual or threatened harm or from an unlawful act.
What would be required to be considered a serious violent felony.
The term Serious Violent Felony refers to a felony that involves the infliction or threatened infliction of serious physical injury or death.
What does Preventable collision Refer too?
Preventable Collison refers to a collision in which the member failed to exercise reasonable care or action under the circumstances to prevent or avoid the collision
Vehicle inventory refers to the act of an officer identifying items of value within a vehicle after a vehicle seizure or execution of a search warrant.
What is required to preform a Frisk
If a police officer has a reasonable suspicion, based on articulable and objective facts, that a person is involved in criminal activity and that the person may be armed, the officer may conduct a limited search for weapons. Relevant Case Law: Terry v Ohio, 392 U.S. 1 (1968)
What is mutual aid.
Mutual Aid refers to an exchange of services, personnel, and/or equipment between law enforces agencies during times of emergency.
A driver must attempt to avoid being stopped and maintaining or increasing speeds to be considered actively eluding.
True
True
What must occur when a stolen vehicle is recovered?
When a stolen vehicle is recovered, it is considered a crime scene and the recovering officer must make every effort to have he vehicle processed by either shift I.D. or Forensic Services Section.
What determines consent in a consent search.
Consent must be given voluntarily and freely, without coercion or implied threat, and the consenting person must have the right to control or authority over the premises or property. Relevant case law: Harless v. Turner, 456 f.2d 1337 (1972), Bumper v. North Carolina, 291 U.S. 543 (1968): United States v Matlock, 415 U.S. 164 (1974)
What steps can a GPD officer take to stop a behavior or action that creates the risk of physical harm.
Behavior or action that creates risk oh physical harm: Causing or fleeing from a collision, Driving in a lane designated for oncoming traffic, Driving under the influence, driving while suffering from a medical emergency.
Actions to prevent: Calling 911 to advise local agency of the situation and identifying yourself as a law enforcement officer from another jurisdiction, Make radio contact with local agency if equipped to do so, advise local agency that you are operating a marked/unmarked police vehicle with emergency equipment.
Yes
Members candiscuss liability issues or other matters relating to the collisin
False
What procedure must be followed when a vehicle has to be towed at the rest of other city departments?
Officers must determine the reason for the tow, if the tow is requested with maintenance or repairs officers must determine if proper notice was given to motorist, Officers must run license plate and attempt to contact registered owner to remove the vehicle immediately. If owner cannot be reached officers will cite the vehicle and contact PSCC who will request a town and the officer must enter the vehicle into CAD
What is investigative Detention?
When an officer may stop an individual for the purpose of investigating possible criminal behavior even though there is no probable cause for arrest. An officer is permitted to stop and detain an individual for investigative purposes when the officer has a reasonable suspicion based on objective and articulable facts, that the individual is involved in criminal activity. Relevant Case Law: Terry v. Ohio U.S. 1 (1968)
What would happen if an office from a Foreign Jurisdiction took action in the city
In the case that an officer from a foreign jurisdiction makes an arrest pursuant to extra jurisdiction authority, an appropriate number of sworn personnel from this department to include a shift supervisor will respond and provide appropriate assistance.
What does surveillance mode refer too.
Surveillance mode refers to the tactic of pursuing a vehicle that is fleeing from officers without emergency lights and sirens activated.
What information will be potentially reviewed by the Collison review committee?
The contents of the Collison report package(s) submitted by the supervisor(s), Additional photographs, documents and other evidence that may identify causal factors, Statistics related to collisions, potential patterns and driver training.
Procedure for vehicles abandoned on public street.
Attempt to locate owner and inform them a complaint has been made about the abandonment of their vehicle, check the tag/vin to see if vehicle is reported stolen, if not stolen and owner cannot be contacted officer will put a orange abandoned Auto sticker and a warning notice to a conspicuous location on the vehicle citing a violation of 14-17 of the Gaithersburg City Code. Officer will then contact the MCP AVU and advise them of the location of the abandoned vehicle, the tag/VIN and the complainant's information for follow-up
Totality of the circumstances
The term Totality of circumstances refers to a legal method of analysis that requires courts to consider all relevant facts and circumstances of a case, rather that focusing on any one factor or using a bright-line rule.
What is to occur if an arrest or other action is taken under extra jurisdictional authority?
Sworn personnel will secure the suspect, seize and protect evidence, notify local law enforcement, and follow the lawful orders and direction of officer from the primary jurisdiction.
How many GPD vehicles can cross into another jurisdiction during a vehicle pursuit?
No more than 2
What will happen if the City employee is found to be at fault for a vehicle collision?
An at-fault and/or preventable Collison is considered a disciplinary issue. Collisions resulting in damage amount of $4,999 or less to the department cruiser shall be a category 1 offense in the state police disciplinary matrix
Collisions resulting in $5,000 or greater to the department cruiser is a category 2 offense in the statewide police disciplinary matrix
Disciplinary collisions resulting in an injury to law enforcement personnel and/or civilian as a result of gross negligence or reckless operation is a category 3
Forms/ Steps required prior to conclusion of officers shift for a stolen vehicle.
Impounded Vehicle Form (GPD 61), Place the vehicle keys (If applicable) in a regular envelope, label the envelope with the case number, place any applicable tow paperwork within the envelope as well, place a copy of the GPD 61 and the envelope containing vehicle keys and or paperwork in a secure holding locker within the evidence storage room, Notify the accreditation manager, maintain the original GPD 61 for your records, enter the vehicle into the evidence system, If vehicle towed to a law enforcement facility follow vehicle to preserve chain of custody and to ensure all required forms are completed, forms will be submitted with the GPD Impounded vehicle form (GPD 61) vehicle can be released to owner if it cannot be processed due to exposure to weather, other elements, or for other reasons.