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COMPREHENSIVE
FINAL EXAM
LATEST
3 parts to a search warrant
- Search Warrant Affidavit
- Search Warrant Form
- Inventory and Return of Service Hot/Fresh Pursuit The pursuit, without unreasonable interruption, of a person who is trying to avoid arrest Vehicle Prowling 2nd Gross misdemeanor o With intent to commit a crime o Enters and remains unlawfully in a vehicle other than a motor home
- If a person has been previously convicted twice, the third time becomes a class C felony. Vehicle Prowling 1st Felony with intent to commit a crime against a person or property therein, he enters or remains unlawfully in a motor home (or vessel designed to be lived in) Criminal Tresspass 2nd Degree Misdemeanor
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COMPREHENSIVE
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Knowingly enters or remains unlawfully in or upon premises of another under circumstances not constituting 1st. (outside) Criminal Trespass 1st Gross Mis Knowing enters or remains unlawfully in a building. Theft 2nd Degree Class C Felony Theft of...
- Property/services between $750 and $5000;
- OR-
- A public record;
- OR-
- A credit card or access device;
- OR-
- Metal wire taken from a public service company Theft 1st Degree Class B Felony Theft of...
- Property/services >$
- OR-
- search/rescue dog while dog is on duty;
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COMPREHENSIVE
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Extortion 1st By means of threat:
- To cause bodily injury in the future to the person threatened or to any other person
- Physical damage of property
- Threaten physical confinement or restraint Class B felony Confirmation of a search warrant provides? PC No-contact order The order is issued by a criminal court when a subject has been arrested for a domestic violence crime and served in court upon bail
- Restrains respondent from and contact with the petitioner
- Usually until trial and or sentencing; probation can also be included
- If the respondent has violated any terms of the order officers must make a mandatory arrest Excited Delirium bizarre and/or aggressive behavior, shouting, paranoia, panic, violence toward others, insensitivity to pain, unexpected physical strength, and
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COMPREHENSIVE
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hyperthermia, usually associated with cocaine or amphetamine use. Also called agitated delirium. Fruit of the Poisonous Tree Evidence that is obtained illegally "If the search is tainted, then the evidence is tainted." Frisk Factors
- Officer is alone
- Subject is agitated
- Subject is intoxicated
- Subject is wearing bulky clothing
- Subject has prior history of being armed
- Contact during darkness and/or isolated location
- Subject is nervous
- Subject is mentally challenged
- Hands in pocket
- Suspicious bulges
- Weighted pocket threats/hostility from suspect
- Suspicious clothing
- Witness information
- History of area
- Furtive movements
- Suspects associates are armed
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COMPREHENSIVE
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- Judicial
- Legislative
- Executive Law Enforcement is in what branch of the government? Executive Criminal Procedures sources
- US and WA Constitutions
- RCW
- WA Court Rulings
- Common Law
- Case Law
- Agency Policies Misdemeanor presence rule exceptions DUIs BUIs MIP Reckless driving Hit and run DWLs Criminal Trespass Negligent Driving 1st DV: assault, OPV
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COMPREHENSIVE
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Indecent exposure Guns at schools Theft Mal mis Harassment Stalking Interference with healthcare facility Invasive Species 1, 2 Violation of NCO or RO Mental States Intent Knowledge Reckless Negligent Basic Premises of Criminal Law
- Act or Omission
- Mental State
- Causation
- Concurrence
- All Laws Must be Written What determines if consent was properly recieved?
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COMPREHENSIVE
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Assault 2nd Intentionally assaults another and:
- recklessly inflicts Substantial bodily harm
- uses a deadly weapon
- Strangulation/suffocation
- has intent to commit felony assaults another
- Substantial harm to quick child Assault 3rd With intent assaults
- LEO, Transportation, School Bus Driver, Firefighter, Medical, Court people
- With criminal negligence causes bodily harm with weapon or instrument Assault 4th Not 1,2,
- Assaults another Do you need physical contact for an assault? No - Flinch factor Assault of a Child 1st
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COMPREHENSIVE
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Suspect is at least 18 and Victim is under 13 and:
- Assault 1st against child or
- Intentional assaults and either --recklessly inflicts GREAT bodily harm or -- Pattern or practice of causing substantial bodily harm Assault of a Child 2nd Suspect is at least 18 and Victim is under 13 and:
- Assault 2nd against child or
- Intentional assaults and Pattern or practice of causing bodily harm Assault of a Child 3rd Suspect is at least 18 and Victim is under 13 and:
- assault 3rd against child Arson 1st
- KNOWNGLY and MALICIOUSLY
- Causes fire or explosion
- Manifestly dangerous to human life, firefighters OR
- Damages a dwelling OR
- Building with a person in it
- Causes fire or explosion, $10,000 property value with INTENT insurance fraud Arson 2nd
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- With premediated intent to cause death OR
- With extreme indifference to human life engages in conduct that creates grave risk of death and thereby causes death OR
- Commits or attempts: Burg 1, Arson 1/2, Robbery 1/2. Rape 1/2, Kidnapping 1/2 and causes death Murder 2nd
- With INTENT to cause death but not premeditated, causes death OR
- Commits or attempts any felony and causes death Graham Factors
- Immediate Threat
- Crime
- Active Resistance
- Alternative Methods Cosnidered Reasonableness for Deadly Force from Graham v Connor The calculus of reasonableness must embody allowance for the fact that police officers are often forced to make split-second judgments -- in circumstances that are tense, uncertain, and rapidly evolving -- about the amount of force that is necessary in a particular situation. Tennessee v Garner PC Standard "...such force may not be used unless necessary to prevent the escape and the officer has probable cause to believe that the suspect poses a
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COMPREHENSIVE
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significant threat of death or serious physical injury to the officer or others." Emotional Intelligence The ability to interpret, understand, and manage one's own and other's emotions LEED Model Listen Explain Equity Dignity DV Mandatory Laws A.
- Suspect is 18 years or older AND
- Within 4 hours AND
- Family/household relationship AND
- Crime is felonious assault, assault with injury, or action to cause fear of imminent serious bodily injury or death B.
- Qualifying violation of court order Partner/Family Member Relationships
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COMPREHENSIVE
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taking; in either of which cases the degree of force is immaterial. Such taking constitutes robbery whenever it appears that, although the taking was fully completed without the knowledge of the person from whom taken, such knowledge was prevented by the use of force or fear. Burglary 1st
- Intent to commit crime, enters or remain unlawfully AND
- Armed with deadly weapon or
- Assaults another Residential Burglary
- Intent to commit crime.. enters or remains unlawfully in a dwelling other than a vehicle Burglary 2nd
- Intent to commit crime... Enters or Remains unlawfully in a building other than vehicle or dwelling Malicious Mischief 1st Knowingly and Maliciously
- Damage over $5,
- Interruption of emergency service, ballots, airplanes Malicious Mischief 2nd
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COMPREHENSIVE
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Knowingly and Maliciously
- Damage over $
- Risk of interruption of emergency service, ballots, airplanes Malicious Mischief 3rd Knowingly and Maliciously
- Damage $750 and under
- Graffiti $750 and under Criminal Mistreatment 1st The person responsible for providing the basic necessities of life
- with criminal negligence
- causes GREAT bodily harm by withholding any basic necessities of life Criminal Mistreatment 2nd The person responsible for providing the basic necessities of life
- with criminal negligence
- creates imminent and substantial risk of death or great bodily harm
- causes substantial bodily harm by withholding any basic necessities of life Criminal Mistreatment 3rd
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COMPREHENSIVE
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Presumptive and Not admissible in court PBT can only be used for? Establishing PC, not admissible in court Age a parent can invoke Miranda for their child? 12 and Under Community Caretaking Non-criminal, investigative duties
- Medical or other emergencies
- Vehicle impoundment and inventory
- Preserver of public safety
- Laws requiring officer intervention Homicide categories
- Justifiable
- Excusable
- Murder
- Homicide by abuse
- Manslaughter Define probable cause
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COMPREHENSIVE
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- Articulable facts and circumstances known to the officer that would warrant that officer to believe that a specific crime has occurred or is occurring and that the suspect is the person responsible. DWLS 1st Degree Gross misdemeanor habitual offender Three or more violations of: vehicular assault, vehicular homicide, reckless driving, DUI, attempting to elude DWLS 2nd Degree Gross misdemeanor felony conviction in the commission of a motor vehicle DWLS 3rd Driving While License Suspended or revoked but is eligible to be reinstated
