BLEA PRE-ACADEMY READING – COMPLETE STUDY GUIDE, Exams of Health sciences

BLEA PRE-ACADEMY READING – COMPLETE STUDY GUIDE

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BLEA PRE-ACADEMY
READING – COMPLETE STUDY
GUIDE
Purpose of Patrol Procedures Correct Ans - Learn and
develop principles for patrol work
Maximize effectiveness
Minimize associated risks with patrol
Five Primary Objectives of Patrol Procedures Correct Ans
- PCPEA:
Protect & Serve
Crime Prevention
Preserve the Peace
Enforce all Laws
Arrest
Protect & Serve Correct Ans - Save lives, protect
innocents against repression, and prevent destruction of
property
Priorities to Protecting and Serving Correct Ans - 1)
Ourselves and other officers
2) Victims
3) Citizens
4) Suspects
5) Property
How is Crime Driven? Correct Ans - Opportunity,
desire, and ability
Crime Prevention Correct Ans - Law Enforcement can
prevent crime by:
- Creating impression of omnipresence (widespread visibility)
- Creating the belief opportunity doesn't exist
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BLEA PRE-ACADEMY

READING – COMPLETE STUDY

GUIDE

Purpose of Patrol Procedures Correct Ans - Learn and develop principles for patrol work Maximize effectiveness Minimize associated risks with patrol Five Primary Objectives of Patrol Procedures Correct Ans

  • PCPEA: Protect & Serve Crime Prevention Preserve the Peace Enforce all Laws Arrest Protect & Serve Correct Ans - Save lives, protect innocents against repression, and prevent destruction of property Priorities to Protecting and Serving Correct Ans - 1) Ourselves and other officers
  1. Victims
  2. Citizens
  3. Suspects
  4. Property How is Crime Driven? Correct Ans - Opportunity, desire, and ability Crime Prevention Correct Ans - Law Enforcement can prevent crime by:
  • Creating impression of omnipresence (widespread visibility)
  • Creating the belief opportunity doesn't exist
  • Creating the belief that the attempt at crime is too great of a risk Preserve the Peace Correct Ans - Mission: Uphold constitutional rights of masses while protecting the lives & property of the individual Enforce All Laws Correct Ans - Mission: Regulate public conduct & protect people from themselves and others by:
  • Enforce laws enacted by legislature
  • Civil infractions (fines only)
  • Misdemeanor & Gross Misdemeanor (fines + up to a year in jail)
  • Felonies (fines + a year or more in prison)
  • Assist civil organizations (DSHS, CPS, APS, Hospitals & Fire Departments) by taking "protective custody" of people at risk Protective Custody Correct Ans - The detention of a person for their own protection Arrest Correct Ans - Mission: Remove those who endanger the communities we serve by:
  • Take away offender's ability to commit crime
  • Remove an individual's right to freedom (the most dangerous aspect)
  • Use reasonable and necessary force to accomplish this task Four "C's" of Call Response Correct Ans - Communicate Coordinate Command Control Communicate Correct Ans - - Notify dispatch when enroute, ETA, or arrived on-scene
  • Answer status checks
  • Make record checks on everyone
  • Notify dispatch when status or location changes
  • Delegate where possible
  • Crime scene
  • Reports and statements
  • Yourself Seven Fatal Tendencies Correct Ans - 1. Unbalanced P.R. / service orientation
  1. Uses less force than peers
  2. Uses force later than peers
  3. Shortcuts rules and procedures
  4. Acts without waiting for backup
  5. Relies too heavily on reading people
  6. Drops guard when good is perceived Ten Deadly Errors Made by Law Enforcement Correct Ans
  • Failure to watch offender's hands. Apathy toward suspect. Lack of rest (tired, sleepy, or asleep). Tombstone courage. Preoccupation. Missing danger signs (pre-attack indicators). Taking a bad position. Relaxing too soon. Improper search or use of handcuffs. Failure to maintain proficiency with weapon, vehicle, or equipment Criminal Procedures Correct Ans - Combination of laws and rules establishing standards and limitations to the government and its agents. Addresses variety of other issues including:
  • Search & Seizure
  • Powers of Arrest
  • Interrogation
  • Prosecutorial limitations
  • Bail and sentencing Two Categories of Criminal Procedure Correct Ans -
  1. Substantive Law
  1. Procedural Law Substantive Law Correct Ans - - Legislated Acts
  • Establishes the acts and mental state necessary to commit a crime
  • Ex: RCW 9A.52. Procedural Law Correct Ans - - Legislated Acts
  • Establishes procedures to be employed in governmental affairs
  • Ex: RCW 10.31. RCW 9A.52.030 Correct Ans - Burglary in the 2nd Degree: "A person is guilty of burglary in the 2nd degree if, WITH INTENT to commit a crime against a person or property therein, he or she enters or remains unlawfully in a building other than a vehicle or a dwelling" RCW 10.31.100 Correct Ans - Arrest Without Warrant: Misdemeanor Presence Exception A police officer having probable cause to believe that a person has committed or is committing a felony shall have the authority to arrest the person without a warrant. A police officer may arrest a person without a warrant for committing a misdemeanor or gross misdemeanor only when the offense is committed in the presence of an officer, except as provided:
  1. Harm or threats to harm people/property; cannabis/alcohol and minors; criminal trespass
  2. Restraining order violations; assault on family
  3. Traffic laws
  • relating to duty on striking an unattended car or other property
  • relating to duty in case of injury to or death of a person or damage to an attended vehicle
  • relating to reckless driving or racing of vehicles

Liability and Sanctions Correct Ans - - No absolute immunity protection

  • Only qualified or good faith immunity
  • Police Officers can be sued by anyone, anytime, for anything; even while acting in good faith
  • However, officers will not be personally liable when "reasonably but mistakenly" arriving at a conclusion Qualified Immunity Correct Ans - A defense which protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known. Two Part Test for Qualified Immunity Correct Ans - 1) Violation of clearly established statutory or case law
  1. Would a different reasonable officer have acted in a similar manner in the same circumstances? Three Sanctions against LE Correct Ans - 1) Criminal (Charged with a crime)
  2. Civil (Sued)
  3. Departmental Liability (Discipline, Demotion, Termination) Public Duty Doctrine Correct Ans - - Court created doctrine intended to protect government from lawsuits
  • No statute or formalized court ruling
  • Developed by courts over time case by case
  • Definition: A duty to the general population does not create a duty to anyone individual
  • Ex: Law enforcement cannot be held liable for mistakes made in failing to catch a killer before they kill again Four Criteria in Public Duty Doctrine Correct Ans - 1) Is there a duty owed? (Investigating 911 call of missing elderly woman)
  1. Is there a duty breached? (Failing to do a thorough job when no response from home)
  1. Were actual damages suffered? (Elder woman found deceased by family)
  2. Was the duty breached the proximate cause for the damage suffered? (Possible connection of failing to investigate further and preventing death of elderly woman) What Events Trigger Officers to be Sued? Correct Ans -
  • Excessive force
  • Bad driving
  • Breaking down the wrong door
  • Arresting the wrong person
  • Arresting the right person without Probable Cause
  • K9 Unit dog bites
  • Harassment Probable Cause Correct Ans - Reasonable cause for issuing a search warrant or making an arrest; more than mere suspicion What Events Trigger Law Enforcement Agencies to be Sued? Correct Ans - - Negligent hiring
  • Negligent retention
  • Failure to train
  • Improper training
  • Failure to supervise
  • Condoning racial/sexual harassment
  • Failure to treat employees equally Questions to Ask before Action Correct Ans - Are my actions:
  • Reasonable
  • Legal
  • Ethical
  • Within Department Policy Three Parts of the Constitution Correct Ans - 1) Preamble
  1. Articles of Incorporation
  2. Bill of Rights (First 10 Amendments)

Fifth Amendment Correct Ans - - Charges must be filed by indictment (formal charge or accusation of serious crime)

  • Establishes prohibition on double jeopardy
  • Prohibits self-incrimination
  • No deprivation of life, liberty, or property without right to appeal No taking of private property without just (fair) compensation Double Jeopardy Correct Ans - A procedural defense that prevents an accused person from being tried again on the same charges and on the same facts, following a valid acquittal or conviction How was California able to prosecute/sue OJ Simpson twice? Correct Ans - - Found guilty in criminal court for Murder
  • Sued for "Wrongful Death" in CIVIL court (lower standard/less preponderance of evidence and therefore faced fines rather than criminal sanctions) What Process Allowed the Officers in the Rodney King case to be tried Twice for the same Crimes? Correct Ans - - Dual Sovereignty Doctrine
  • A maxim of law which allows the double prosecution of a person by more than one state for the same crime, where both states have jurisdiction for the prosecution
  • A single criminal act may violate the laws of more than one jurisdiction and be punished by each Sixth Amendment Correct Ans - Right to speedy trial (60/90 day rule) Right to impartial jury Right to trial in proper venue Right to be informed of nature of accusation Right to confront witnesses Right to subpoena witnesses on your behalf Right to the assistance of counsel

Seventh Amendment Correct Ans - Right to civil jury in accordance to common law

  • Differs from 6th amendment in which the 7th amendment deals with civil cases Eighth Amendment Correct Ans - Prohibition of excessive bail Prohibition of excessive fines Prohibition of cruel and unusual punishment Ninth Amendment Correct Ans - People's rights are not limited to those listed in the Constitution Tenth Amendment Correct Ans - The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people (aka State Power) Fourteenth Amendment Correct Ans - -All persons born or naturalized in the US are citizens of the US and of the state where they reside -No state shall make or enforce any law which shall abridge the privileges or immunities of US citizens -No state shall deprive any person of life, liberty, or property without due process of law -No state shall deny to any person the equal protection of laws Fourth Amendment Applicability Correct Ans - - States are free to provide individuals within their borders greater protection from search and seizure than that guaranteed by the Fourth Amendment
  • Article 1 Section 7 Article 1 Section 7 Correct Ans - Washington State Constitution: "No person shall be disturbed in his private affairs, or his home invaded without authority of law"
  • Extends search and seizure protection to "privacy"

U.S. Supreme Court Correct Ans - - 9 Justices per cause

  • The final avenue of appeals What are the State Courts Made up Of? Correct Ans -
  • Municipal Courts
  • District Courts
  • Superior Courts
  • State Court of Appeals
  • Washington State Supreme Court Municipal Courts Correct Ans - - 1 Judge overseeing criminal (misdemeanor/gross misdemeanor) and civil cases originating within municipal bounds
  • Municipal jurisdiction District Court Correct Ans - - County jurisdiction
  • 1 Judge overseeing criminal (mis. & gross mis.) and civil cases within county boundaries Superior Court Correct Ans - - State-wide jurisdiction
  • 1 Judge oversees criminal (felony) cases and civil cases
  • Hears juvenile cases
  • One judge oversees appeals of lower court decisions and administrative hearings
  • Court may issue search warrants valid anywhere within State of Washington State Court of Appeals Correct Ans - - For appeals of law
  • 3 Justices per cause
  • Divided into 3-sections (each division may reach their independent conclusions) Washington State Court Appeals Divisions Correct Ans -
  • Western Washington (King County North to Canadian Border)
  • Western Washington (Pierce County South to Oregon Border)
  • Eastern Washington

Washington State Supreme Court Correct Ans - - Final avenue of appeal for Washington Constitutional issues

  • Traditionally utilized "independent grounds" approach to decisions
  • 9 Justices sit in consideration of appeals Court process used in U.S. Correct Ans - Adversarial State Judges Correct Ans - All elected officials Independent Grounds Correct Ans - Doctrine stating when litigant petitions SCOTUS to review state court judgment resting on both federal and state law, SCOTUS has no jurisdiction over the case if the state ground is: "(1) 'adequate' to support the judgment and (2) 'independent' of federal law" Arrest for Probable Cause Correct Ans - (1) Preliminary appearance (2) Probable Cause hearing (3) Filing of charges Preliminary Appearance via PC Correct Ans - - No later than end of next judicial day
  • Defendant advised of nature of charges and right to counsel Probable Cause Hearing Correct Ans - - Must occur within 48 hours of custody
  • Judicial determination of probable cause
  • Defendant presence not needed Filing of Charges Correct Ans - - Must occur within 72 hours of custody
  • Filed by prosecutor based upon officer's report Arrests Made via Warrant Correct Ans - - Probable Cause determination (@ time of warrant issuance). Not necessary for subsequent hearing after warrant service
  • Preliminary Appearance no later than end of next judicial day (Defendant advised of charges and right to counsel)

Process of Trial Correct Ans - - Jury Selection

  • Opening Statements
  • State's case (direct and cross examination)
  • Defense case (direct and cross examination)
  • Rebuttal Witnesses
  • Closing Statements
  • Jury Instructions
  • Jury Deliberations (5) Appeals Process Correct Ans - Steps involved in bringing appeal by defendant: (1) Notice of appeal to appellate court having jurisdiction within 30 days of judgment (2) Filing of briefs by defendant and government with the court (3) Oral Argument between defendant and government Criminal Investigations Correct Ans - - A search for the truth
  • Reconstruction of the crime scene to identify and locate the suspect and gather evidence later used to testify in court for conviction
  • Success is directly proportional to effort expended
  • Competent investigation of major crime is primary responsibility of every agency Anatomy of an Investigation Correct Ans - - Respond to scene/area and render it safe
  • Locate and gather witnesses/suspects
  • Identify evidence and establish borders
  • Call in additional resources if necessary
  • Get enough information for report
  • Leave scene better than how you found it Keys to Success Correct Ans - - Think
  • Plan
  • Be Patient
  • Be Thorough
  • Be Flexible
  • Know your Limits
  • Know your Resources
  • Persevere How Does a Successful Investigation Occur? Correct Ans
    • Followed logical sequence
  • All evidence legally obtained
  • Witnesses interviewed
  • Suspects legally and effectively interrogated
  • Leads thoroughly developed
  • Details accurately and completely reported The Law Enforcement Approach to Investigations Correct Ans - - Believe nothing you are told
  • Confessions and statements must be corroborated with physical evidence
  • Discern lies and factual distortions
  • EVIDENCE DOES NOT LIE Physical Evidence Correct Ans - - Anything that will challenge or support information
  • Legally obtained object or material aiding with reconstruction of offense or identification of offender
  • Proves or disproves a stated fact or belief
  • Has objective existence; does not lie or fabricate
  • Can take many forms
  • Can be big as a house or small as a fiber
  • Can be fleeting as an odor Importance of Physical Evidence Correct Ans - Proves:
  • Crime was committed
  • Suspect was at scene
  • Establishes identify of those involved
  • Exonerates innocents
  • Corroborates witnesses' testimonies *Suspect confronted with evidence may confess *Physical evidence doesn't change; people's stories can/do/will *Juries expect evidence to be presented

Advantages of Physical Evidence over Information Correct Ans - - Physical evidence provides tangible objects for juries to review. It is hard to misrepresent physical evidence

  • Evidence is not subject to memory loss or fabrication and can be independently tested and verified Class Characteristics of Physical Evidence Correct Ans - Identifiers that comprise a group of something. Can't be identified to a single source
  • Fibers
  • Paint
  • Blood types
  • Hair
  • Soil Individual Characteristics of Physical Evidence Correct Ans - True of only one source of evidence
  • Fingerprints
  • Bite marks
  • Tool marks
  • Handwriting
  • DNA
  • Fired projectiles and cartridge casings Four Requirements of Physical Evidence Correct Ans - (1) Legally obtained (2) Relevant (3) Identifiable (4) Chain of custody must be maintained Chain of Custody Correct Ans - Chronological documentation or paper trail that records the sequence of custody, control, transfer, analysis, and disposition of physical or electronic evidence Investigative Hypothesis Correct Ans - - Let the facts guide
  • Don't force or change facts to match your theory
  • Reassess when/if more evidence and info comes
  • Base on actual observations of: who, what, when, where, why, how Communication Correct Ans - - Officer's prime tool to guide, organize, motivate, change, and effectively understand what another person really wants
  • Has direct effect in the way others respond to you Reading People Correct Ans - Involves observing their behavior, being aware of their tone of voice and actively listening to their words Crisis Intervention Correct Ans - - Understanding how crisis situations affect people and how to properly control the situation using communication skills and de-escalation techniques Crisis Correct Ans - An emotionally significant event that causes stress, overwhelms the person's usual problem- solving skills, and results in chaos
  • If it doesn't overwhelm them, it's not a crisis
  • Can be caused by a variety of circumstances (missing bus - hurricane)
  • Regardless of the crisis, techniques are the same Stress Correct Ans - Main ingredient for a crisis Three Sources of Stress Correct Ans - - Environmental
  • Psycho-social
  • Personality Environmental Stress Correct Ans - Stimuli in our environment that cause stress. Some common environmental stressors are war, temperature, noise, and crowds Psycho-social Stress Correct Ans - Stress experienced as a result of our social interaction with others or a change in our social situation