Colorado Post Study Guide with Complete Solutions 2024, Exams of Nursing

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Colorado Post Study Guide with Complete Solutions 2024 Formal requirement for a victim to file a complaint: - ANSWER-Attempt to resolve the matter at a local level Sexual assault - ANSWER-(§18-3-402) // any actor who knowingly inflicts intrusion or penetration (F4) if: the actor causes submission of victim OR the actor knows the victim is incapable of appraising the nature of the conduct, OR actor knows there is erroneous submission (believing to be their spouse), OR victim is under 15 and actor is at least 4 years older (M1), OR between 15 and 17 and actor is 10 yrs older, OR victim is physically helpless (F3) // F2 aggravators: actor is assisted by someone else, victim suffers SBI, involves use of deadly weapon (or verbally represents) Photographic arrays - ANSWER-ID procedures are not necessary if the witness knows the suspect (i.e. more than a short time or mere acquaintances) Label each part of the following statute: 16-3-504(2.2)(a)(II)(A) - ANSWER-16 - Title 3 - Article 504 - Section (2.2) - Subsection (a) - Paragraphs (II) - Sub-Paragraphs (A) - Sub Sub-Paragraphs What are the two types of arrest? - ANSWER-Custodial Non-Custodial An emergency protective order expires after _____? - ANSWER-Three judicial days § 18-1-402. Presumption of Innocence - ANSWER-Every person is presumed innocent until proved guilty § 18-1-403. Legal Assistance and Supporting Services - ANSWER-All indigent persons who are charged with or held for the commission of a crime are entitled to legal representation and supporting services at the state's expense Dunaway v. New York said what? - ANSWER-an officer needs PC for any arrest § 18-1-404 Preliminary hearing or waiver-dispositional hearing - ANSWER-Every person accused of a class 1, 2, or 3 felony or level 1 or level 2 drug felony has the right to demand and receive a preliminary hearing within a reasonable time to determine whether PC exists Only those persons charged with a class 4, 5, or 6 felony that requires mandatory sentencing, or is charged with a crime of violence or sexual offense, shall have the right to demand and receive a preliminary hearing within a reasonable time to determine whether PC exists How many jurors on a felony trial? - ANSWER-12 How many jurors on a misdemeanor trial? - ANSWER-6 How long for a speedy trial? - ANSWER-180 days from the date of entry of a not guilty plea § 18-1-405 What property crime can you use deadly force to defend against? - ANSWER-First Degree Arson § 18-1-407 Affirmative Defense - ANSWER-Means that unless the state's evidence raises the issue involving the alleged defense, the defendant, to raise the issue, shall present some credible evidence on that issue If the issue involved in an affirmative defense is raised, then the guilt of the defendant must be... - ANSWER-Established beyond a reasonable doubt as to that issue as well as all other elements of the offense When is an officer in detentions justified in using physical force? - ANSWER-in all other circumstances when and to the extent that he reasonably believes it is necessary to prevent when he reasonably believes to be the escape of a prisoner from a detention facility Detention Facility - ANSWER-any place maintained for the confinement, pursuant to law, or persons charged with or convicted of an offense, held for extradition, or otherwise confined pursuant to an order of a court § 18-1-707 Use of physical force in making an arrest or in preventing an escape. (Deadly force) - ANSWER-A peace officer is justified in using deadly physical force upon another person when he reasonably believes that it is necessary: -to defend himself or a third person from what he reasonably believes to be the use or imminent use of deadly physical force -to effect an arrest or prevent an escape of a person whom he reasonably believes ----has committed or attempted to commit a felony involving the use or threatened use of a deadly weapon ----is attempting escape by the use of a deadly weapon ----otherwise indicates that he is likely to endanger human life or to inflict SBI unless apprehended without delay § 18-1-706 Use of Physical Force in Defense of Property - ANSWER-A person is justified in using reasonable and appropriate physical force upon another person when 3. Common Carrier 4. Preventing someone from suicide 5. Licensed physician or nurse § 18-1-704 Use of physical force in defense of a person - ANSWER-A person is justified in using physical force upon another person in order to defend himself or a third person from what he reasonably believes to be the use or imminent use of unlawful physical force by that other person, and he may use a degree of force which he reasonably believes to be necessary for that purpose When can you use deadly physical force in the defense of a person per § 18-1-707? - ANSWER-If a person believes a lesser degree of force is inadequate and: -he or another person is in imminent danger of being killed or of receiving great bodily injury -the other person is using or reasonable appears about to use physical force against an occupant of a dwelling or business establishment while committing or attempting to commit a burglary -the other person is committing or reasonable appears about to commit kidnapping, robbery or sexual assault When is a person NOT justified in using physical force? - ANSWER--he provokes the use of unlawful physical force by that other person -he is the initial aggressor -the physical force involved is the product of a combat by agreement not specifically authorized by law § 18-1-704.5 Use of Deadly Physical Force against an intruder (Make My Day Law) - ANSWER-Any occupant of a dwelling is justified in using any degree of physical force, no matter how slight, against another person when that other person has made an unlawful entry into the dwelling, and when the occupant has a reasonable belief that such other person has committed a crime in that dwelling in addition to the uninvited entry, or is committing or intends to commit a crime against a person or property The occupant shall be immune from criminal prosecution and civil liability What is Sensory Distortion? - ANSWER-An Officer may hallucinate that an Offender has already shot him How Does an Officer React to a Threat to Another Person? - ANSWER-Locate, React, Control and Identify The Simplest Way for an Officer to Relieve Stress? - ANSWER-Deep Belly Breathing When is an Officer justified in putting a mentally ill person in Jail? - ANSWER-When there is no room at an Institution and he is place in jail for safetey reasons. A menetally ill person can only be held in a Jail for a maximum of 24 hours When there is a Robbery in Progress and a suspect is in the area an Officer should? - ANSWER-Proceed as rapidly as possible, but use extreme caution. Assume the suspect is still at the scene. When an Officer takes a tape recorder to the crime scene he must? - ANSWER-Record any victim, witness and suspect statements related to the crime. Do not cherry pick your witnesses An Officer's note taking at a crime scene is minimized by? - ANSWER-The type of offense, conditions of the case, officer attitude, officer ability and the number of officers assigned to the case When going to the scene of a domestic dispute, there are four phases, what are they? - ANSWER-1. Assess the situation 2. Take immediate corrective action 3. Listen & Observe 4. Follow up When doing a building search, what is the best way to approach? - ANSWER-Diagonal deployment Skids that are broken without release of the brake pressure that occurs when a locked and sliding wheel bounced over a bump, rut rail, or hole in the road is called? - ANSWER-A skip skid mark Which way do you turn the steering wheel when making a traffic stop? - ANSWER-Turn wheel to the left On an unknown risk felony stop, what is the best way to approach with two officers - ANSWER-One officer approaches and the other stays out of the kill zone. What are the characteristics of a hate crime? - ANSWER-No gain is made, not property is taken, but usually involves harassment or assault. When you are testifying on the stand, once you are finished what should you do? - ANSWER-Leave the court room and resume your normal duties What are TWO CORE Components of Community Policing? - ANSWER-1. Community Partnership 2. Problem Solving What part of S.A.R.A. model is a police officer a part of? - ANSWER-Assessment Under C.R.S. What can a victim request in writing? - ANSWER-Release data of the offender, parole date By law who must report Child Abuse? - ANSWER-Teachers, School authorities, child care personnel, physicians, therapists, any school employee i.e. janitor Where is marijuana legal to consume in Colorado? - ANSWER-Private Residence Amendment 64 allows adults 21 or over to legally possess how much marijuana or THC? - ANSWER-1 ounce or 28 grams Legal limit for THC in your system when driving? - ANSWER-5 Nanograms How much marijuana can someone grow in Colorado? - ANSWER-6 plants only 3 of which are flowering Steps in Crime Scene Sketching - ANSWER-1. Observe and Plan 2. Measure and outline the area 3. Plot objects of evidence 4. Take Notes 5. Identify the scene 6.Reassess the sketch What patterns are used in Crime Scene Searches? - ANSWER-1. Grid 2. Zone 3. Parallel/line/lane, spiral What is the element of a hostile work environment? - ANSWER-Adverse effect on work performance What BAC will determine if someone if DUI? - ANSWER-.08% or higher What is the objective of a DUI roadside? - ANSWER-To divide the suspects attention (Rhomberg technique). What is the purpose of Interview and Interrogation? - ANSWER-To divide those responsible for a crime and to eliminate the innocent from suspicion. When can an Officer arrest without a warrant? - ANSWER-1. Crime is committed in Officer's Presence 2. Probable Cause Exists that the person committed the crime. 3. Upon a complaint from a victim/witness/citizen The most important chain of custody report is? - ANSWER-The report should contain the precise route and timing of the movement of the evidence from the moment it was collected. Deadly physical force - ANSWER-Force; the intended, natural, and probable consequence of which is to produce death, and which does in fact produce death Deadly Weapon - ANSWER-a firearm, a knife, bludgeon, or any other weapon that is capable of producing death or SBI Firearm - ANSWER-any handgun, automatic, revolver, pistol, rifle, shotgun, or other instrument or device capable or intended to be capable of discharging bullets, cartridges, or other explosive charges Dwelling - ANSWER-a building which is used, intended to be used, or usually used by a person for habitation Bodily Injury - ANSWER-physical pain, illness, or any impairment of physical or mental condition § 18-1-802 Insanity - ANSWER-a person who is not responsible for his or her conduct defined as criminal Motor vehicle - ANSWER-any self-propelled device by which persons or property may be moved, carried, or transported from one place to another by land, water, or air Pecuniary Benefit - ANSWER-benefit in the form of money, property, commercial interests, or anything else, the primary significance of which is economic gain Serious Bodily Injury - ANSWER-bodily injury which, either at the time of the actual injury or at a later time, involves a substantial risk of death, a substantial risk of serious permanent disfigurement, a substantial risk of protracted loss of impairment of the function of any part or organ of the body, or breaks, or burns of the second or third degree Tamper - ANSWER-to interfere with something improperly, to meddle with it, or to make unwarranted alterations in its condition The 3 Inchoate offenses - ANSWER-Criminal Attempt Criminal Conspiracy Criminal Solicitation Criminal attempt - ANSWER-he engages in conduct constituting a substantial step toward the commission of the offense Substantial Step - ANSWER-any conduct, whether act, omission, or possession, which is strongly corroborative of the firmness of the actor's purpose to complete the commission of the offense Arrest - ANSWER-to keep a person in lawful custody Bail - ANSWER-security being taken because the party is arrested, to procure the release of a person from legal custody, by undertaking that he shall appear at the time and place designated Arraignment - ANSWER-appearance before court to hear the charges against him, and to enter a plea, might also be to determine bail Preliminary Hearing - ANSWER-a proceeding where it is decided if a crime was committed and whether there is probable cause to believe that the defendant committed the crime Indictment - ANSWER-a written accusation charging the individual of a crime Plea Bargaining - ANSWER-process whereby a defendant and prosecutor reach a mutually satisfactory disposition, subject to court approval Trial - ANSWER-a judicial examination and determination of facts and legal issues between parties Disposition - ANSWER-the court's final determination of a lawsuit or criminal charge Municipal Courts handle: - ANSWER-Violations of city laws (i.e. traffic, shoplifting, disturbances, etc.); NO civil cases County Courts handle: - ANSWER-Civil cases under $15,000; misdemeanors, traffic, protection orders, small claims, felony initial proceedings District Court handles: - ANSWER-Civil cases of any amount, felonies, custody hearings, divorce, juvenile, and mental health cases Court of Appeals Mission: - ANSWER-To provide a clear, impartial, and timely resolution to appealed orders and judgements 22 judges, judges have 8 year terms; 3 judge panels decide cases Supreme Court - ANSWER-The highest judicial court in a country or state. Can refuse to hear cases 7 justices Special Courts handle: - ANSWER-Water courts (7); probate (oversee distribution of estates); juvenile (magistrates); problem solving courts (i.e. veterans, drug recovery) Persons who cannot testify: - ANSWER--Children under 10 years of age who appear incapable of receiving just impressions of the facts (Does not apply to civil/criminal proceedings for child abuse, sexual abuse, sexual offense, incest when the child is able to describe or relate in language appropriate for child of that age the events or facts (13- 90-106)) -Those of unsound mind -Husband/wife against each other without consent of their spouse (Does not apply to F1,2,3 or DF1,2 / Does not apply to communications that are made for purpose of criminal activity) The types of physical evidence - ANSWER-Four types: real (physical objects), testimonial, documentary, demonstrative (type of real, i.e. maps, charts, photographs, models, xrays) Hearsay - ANSWER-PETS exception: present sense impression (statements taking place while event is happening); excited utterances; then existing state of mind ("I'm drunk"); statements for purposes of medical diagnoses/treatments - If a statement is not offered to prove the truth of the statement, then it is not hearsay - Hearsay does not apply to any statement made by the defendant, including statements by a co-conspirator Liquor code exemptions - ANSWER-Sacramental wines, art galleries, party buses, home brews, common consumption areas, research purposes, parks when allowed // affirmative defenses: on private property with the consent of the guardian, medial, religious, if a minor calls EMS for someone drinking underage / persons under 18 can work in a place that sells alcohol but cannot sell or dispense, or check ID / persons under 21 cannot deliver alcohol in sealed containers § 18-3-122 MIP (Minor in Possession) - ANSWER-Unlawful for anyone under 21 to possess or consume alcohol, strict liability, penalties include fines under $250, education classes, and up to 36 hours of community service Reckless - ANSWER-Consciously disregarding a substantial and unjustifiable risk that a result will occur To Aid/Assist - ANSWER-Knowingly give or lend money Payton v. US (1980) - ANSWER-Need an arrest warrant to enter someone's home and arrest them Steagald v. US - ANSWER-Requires that a search warrant be obtained in addition to an arrest warrant to enter a third parties' home and arrest someone who has an arrest warrant (for each location the suspect may be located) Protective Sweeps - ANSWER-Not a search for weapons or evidence, but any evidence of a crime in plain view can be seized or obtain search warrant for it Physically helpless - ANSWER-Unconscious, asleep, or otherwise unable to indicate willingness to act Position of Trust - ANSWER-Any person who is a parent or acting in place of a parent and charged with any rights, duties, or responsibilities concerning a child, no matter how brief Sexual contact - ANSWER-Just touching, intrusion is intrusion by any object or part of body except mouth, tongue, or penis, penetration means sexual intercourse, no matter how slight the penetration, includes oral sex Reach (in terms of rifles) - ANSWER-Increased accuracy/precision and power Unlawful Sexual Contact - ANSWER-(§18-3-404) // (M1) (F4 if any force, threat, or intimidation) Any actor who knowingly subjects a victim to any sexual contact if: knows victim does not consent, actor knows victim cannot appraise nature of conduct, victim is physically helpless, induces (with or without contact) a child (under 18) to expose intimate parts or engage in contact, intrusion, or penetration Sexual Assault on a Child - ANSWER-(§18-3-405) // Any actor who knowingly subjects another (less than 15 and actor is 4 years older) (F4) / F3 aggravators: actor applies force, threatens deaths, SBI, kidnapping, or extreme pain, committed as part of a pattern of sexual abuse -BY ONE IN A POSITION OF TRUST (§18-3-405.3) // if the victim is less than 18 and actor is in a position of trust / F3 if: victim is less than 15, offense is part of a pattern of abuse / F4 if: victim is 15 or older but less than 18 - INTERNET EXPLOITATION OF A CHILD (§18-3-405.4) // if the actor knowingly importunes, invites, or entices through a computer telephone, or data network, a person whom the actor knows or believes to be under 15 and actor is at least 4 years older to expose themselves/touch themselves, observe actor's intimate parts (F4) Invasion of Privacy - ANSWER-(§18-3-405.6) // Knowingly observes or takes a photograph of another's intimate parts in a situation where the person has a reasonable expectation of privacy (M1) / F6 if a subsequent conviction, or victim is under 15 years old (and actor is more than four years older) Failure to register as a sex offender - ANSWER-(§18-3-412.5) // Includes submission of a form with false information or incomplete information, failure to register online username or e-mail before using it / F6 if: convicted of unlawful felony behavior, second offense if F5 / M1 if convicted of a misdemeanor sex offense / **officer shall arrest the person when there is PC that this crime has occurred if the person is required to register as a sexually violent predator** - FAILURE TO VERIFY LOCATION (§18-3-412.6) // a person who lacks a fixed residence and fails to comply with section 16-22-109/ unclassified misdemeanor with up to 30 days in jail At-risk-adult - ANSWER-70+ years or 18+ with a disability Exploitation - ANSWER-An act or omission by a person who uses deception, harassment, intimidation, or undue influence to perm or temp deprive an at-risk person of the use, benefit, or possession of any thing of value Mandatory Reporter - ANSWER-(§18-6.5-108) // A required person who observes mistreatment or has reasonable cause to believe imminent mistreatment shall report to LEO within 24 hours / mandatory reporters include: any person providing health care, first responders, or any persons employed with or volunteering with any LE agency (M3) / LE agencies are required to report the report to the county department and the DA's office of the location where the mistreatment occurred Arson - ANSWER-(§18-4-1) - 1st degree: knowingly, any occupied structure or building of another without consent (F3) / if committed with explosives, it is a crime of violence and has a mandatory sentence - 2nd degree: knowingly, any property of another (F4 if damages > $100, M2 if damages < $100) - 3rd degree: intentionally, damages any property with intent to defraud (F4) - 4th degree: knowingly/recklessly, on own or another's property and you put someone is danger of SBI or death (F4) or put a building or occupied structure in danger of damage (M - value based) Burglary - ANSWER-(§18-4-2) - 1st degree: elements of 2nd + while entering, inside, or fleeing they are armed with a deadly weapon, menace someone, or assaults someone (F3) / if theft of controlled substance within a pharmacy or other place lawfully having drugs (F2) - 2nd degree: knowingly, in a building/occupied structure (F4) or in a dwelling (F3) with intent to commit a crime other than trespass / if theft of a controlled substance (F3) - 3rd degree: with intent to commit a crime, breaks into vault/safe/locker/cash register/product dispenser/etc. must be "vault like" (F5) Habitual Burglary Offenders - ANSWER-Charged with 1+ first- or second-degree burglary charges, requires mandatory sentencing Robbery - ANSWER-(§18-4-301) Knowingly, takes anything of value, from the presence or a person of another by use of force, threats, or intimidation (F4) (F3 - at risk adult, mandatory sentencing) (F4) --- Aggravated robbery: (§18-4-302) robbery + armed with a deadly weapon (simulated or otherwise) (F3) --- Aggravated robbery of controlled substances: (18-4-303) aggravated robbery + theft of controlled substances from a place having lawful possession of them (F2) Theft - ANSWER-(§18-4-401) Knowingly, without threat or deception, obtains a thing of value, with intent to permanently deprive owner of use / benefit of the thing OR knowingly uses, conceals, or abandons thing with intent to deprive owner OR demands a ransom for the thing [penalties are value based] - Evidence of value: (414) retail value, sale price, hearsay evidence shall not be excluded Theft Series - ANSWER-Teft 2+ times within 6 months, aggregate value can up it to a felony - Mandatory sentencing for repeated felony theft from a store: two felony convictions within four years shall serve minimum term, not eligible for probation or suspended sentence Theft from person - ANSWER-No use of force (F5 regardless of value) (F4 if from an at- risk adult) Obtaining control over any stolen thing - ANSWER-(§18-4-404) Every person who obtains control over the thing, knowing it be stolen, may be convicted whether or not the principle is charged Concealment of Goods - ANSWER-(§18-4-406) On person or otherwise, on or off property, is prima facie evidence of intent to commit theft Questioning of person suspected of theft - ANSWER-(§18-4-407) Any merchant, employee, or police officer with probable cause may detain anyone who has set off the theft alarm or has concealed goods for questioning Theft of Trade Secrets - ANSWER-(§18-4-408) With intent to deprive or withhold from the owner (M1) Transaction for profit in stolen goods - ANSWER-(§18-4-411) Obtains control over stolen property knowing or believing it has been stolen, and offense involves two or more separate stolen things of value from separate owners, this constitutes prima facie evidence that the person is engaged in disposing of stolen goods for profit Theft of Medical Records - ANSWER-(§18-4-412) Knowingly obtains with intent to appropriate, disclose, or makes a copy of (F6) Aggravated Motor Vehicle Theft - ANSWER-(§18-4-409) - 1st degree: 2nd degree + an aggravator / retains possession for more than 24 hours / attempts to alter vehicle's appearance / alerts or removes VIN / uses vehicle in commission of another crime / causes $500 in damage to vehicle / causes bodily injury Domestic Violence (§18-6-800.3) - ANSWER-An act or threat upon a person with whom the actor is or has been in an intimate relationship / includes crime against person, animal, property as a means of coercion, control, punishment, intimidation, or revenge Intimate Relationship - ANSWER-Spouses, former spouses, past or present unmarried couples, parents of the same child People v. Disher - ANSWER-- Sexual relationship is not a requirement of DV; there must be a romantic attachment or shared parental status - Three factors to determine intimate relationships: (1) length of time of the relationship, (2) nature and type, (3) frequency of interaction between parties Duties of Police (§18-6-803.6) - ANSWER-- When PC, officer shall arrest - Considerations of officers: prior complaints of DV, relative injury severity on each person, likelihood of future injury, possibility of self-defense - shall include in report whether children heard or might have heard/seen incident - Can transport victims and children and violate custody orders in good faith Protection Orders (§18-1-1001) - ANSWER--Mandatory protection order against violators of title 18 effective from arraignment/first appearance until final disposition - Court may order: no contact order, prohibition of weapons, prohibition of alcohol/drugs, prohibition of taking a victim's animal, anything else deemed appropriate - Full faith & credit is given to foreign protection orders (may rely on statement of protected person that it is in effect) (13-14- 110) - Violations: M1 for second violation of a criminal RO and a violation of 18-1-1001, all other violations including the first violation are M2s - Criminal vs. civil: civil Ros must be served before they can be in effect, criminals Ros only require notice to the defendant, not service / civil Ros last 2 weeks and the defendant is not required to be present at the hearing, they receive a notice to appear to determine the length of the civil Ro up to life / criminal Ros only stay in effect while the case is in progress, including probation or parole / only civil Ros have distance requirements Emergency Protection Orders (§13-14-103) - ANSWER-- May exclude a party from the home or award temporary care of any minor child - May not expire later than end of next judicial business day unless continued by the court - Court may issue one only if the judge cannot hear a temporary protection order on the day the complaint was filed Permanent Civil Protection Orders (§13-14-106) - ANSWER-- Courts need not find imminent danger to the protected person - Violation of a temporary civil protection order constitutes a criminal offense - Court may not grant a mutual protection order unless each party has met his burden of proof Bias Motivated Crimes (§18-9-121) - ANSWER-- Includes crimes discriminating against a person's race, color, ancestry, religion, national origin, physical/mental disability, or sexual orientation - Intent to intimidate/harass and: ---Knowingly causes bodily injury (F5; F4 if more than one offender) ---Knowingly places another person in fear of lawless action that is likely to produce bodily injury or damage to property through words or conduct (M1) ---Knowingly causes damage to property (M1) Bias Motivated Incident - ANSWER-Involves actions that may not be defined as illegal, also motivated entirely or in part by offenders bias 4 Elements of hate crimes - ANSWER-- Motivation of perpetrator - Date/time of occurrence - Common sense - Absence of motive Stereotrype - ANSWER-A conventional, formulaic, and oversimplified conception, opinion, or image Bias - ANSWER-A preference of an inclination, especially one that inhibits impartial judgment Prejudice - ANSWER-The act of state of holding unreasonable preconceived judgments or convictions; an adverse judgment or opinion formed unfairly or without knowledge of the facts Harboring a Minor - ANSWER-(§18-6-601) (1) knowingly provides shelter to a minor (<18) without consent of parent AND (2) intentionally fails to turn over to law enforcement, fails to disclose location, obstructs police, assists in evading, or fails to notify the parents within 24 hours / homeless shelters are excluded from this crime for up to two weeks (M2) Contributing to the delinquency of a minor - ANSWER-(§18-6-701) Induces, aids, or encourages a child (<18) to violate any law, ordinance, or court order / knowingly / adult does not have to commit a crime / child does not have to be charged / not a defense if you thought they were older than 18, affirmative defense if 15+ and looks a lot older (F4) Incest - ANSWER-(§18-6-301 and 302) any person who knowingly inflicts sexual contact upon a family member (adopted, or step) F4 / aggravated incest: knowingly marries or inflicts sexual contact on a natural child (includes stepchild or adopted), under 21 / F3 Child Abuse - ANSWER-(§18-6-401) Causes injury to life or health, permits child to be unreasonably placed in a situation that poses threat of injury, continued pattern of conduct of malnourishment, lack of medical care, cruel punishment, or accumulation of injuries / prohibits genital mutilation / prohibits manufacture of drugs around children / "child" means under 16 Knowingly or recklessly causes death of a child - ANSWER-Felony 2 Knowingly or recklessly causes SBI of a child - ANSWER-Felony 3 Knowingly or recklessly causes BI of a child - ANSWER-Misdemeanor 1 Criminal negligence causes death of a child - ANSWER-Felony 3 Criminal negligence causes SBI of a child - ANSWER-Felony 4 Criminal negligence causes BI of a child - ANSWER-Misdemeanor 2 (§18-6-403) Sexual exploitation of a child - ANSWER-"child" is less than 18 / knowingly causes, entices child to engage in explicit sexual conduct / prepares, publishes, sells, etc. any sexually exploitative material / F5 / F4 if it's a second offense or possess 20+ more images / F3 if created, distributed, sent, traded, or offered (§18-6-404) Procurement of a child - ANSWER-any person who intentionally gives, transports, provides, or offers to give another person a child for purpose of sexual exploitation / F3 §18-3-401(2.5) Pattern of sexual abuse - ANSWER-The commission of two or more incidents of sexual contact involving a child when such offenses are committed by the same actor upon the same victim (§18-7-403) Pandering a child - ANSWER-in exchange for anything of value, inducing (by menacing or criminal intimidation) child to engage in child prostitution OR arranging or offering a situation in which child may practice child prostitution (§18-3-305) Enticement of a child - ANSWER-invites or persuades or attempts to invite or persuade a child (>15) to enter any secluded place with the intent to commit sexual assault or unlawful sexual contact upon the child (§18-3-306) Internet luring of a child - ANSWER-Requires communication via "network" (computer or phone), with person the actor believes to be less than 15 with the actor being at least four years older, in that communication or subsequent communication, describe explicit sexual conduct AND in connection with that description, makes a Offenses Involved Communications (§18-9-306.5) - ANSWER-Knowing prevents, delays the sending of any message through telephone (M1) (§18-8-610) Tampering with physical evidence - ANSWER-believing an official proceeding is pending: destroys, conceals, alters with intent to impair its availability OR knowingly makes false or altered evidence (F6) (§18-8-203) Bribery - ANSWER-offers, agrees to confer a benefit upon a public servant with intent to influence them; while a public servant, accepts a benefit (F3) (§18-8-111) False reporting - ANSWER-knowingly activates a fire alarm, prevents a fire alarm, makes a false report, provides false information to a PO (M3) (§18-8-108) Compounding - ANSWER-agrees to accept any benefit for: refraining from seeking prosecution, refraining from reporting (M3) [affirmative defense that the benefit did not exceed the amount of restitution they would have received] (§18-8-112) Impersonating a PO - ANSWER-Falsely pretends to be a PO and performs an act in that pretended capacity (F6) (§18-13-101) Abuse of a corpse - ANSWER-Removes a body without a court-order, treats the body in a way that would outrage normal family sensibilities (M2) (§18-13-107) Interference with persons with disabilities - ANSWER-shall not falsely impersonate a person with a disability (PO1) or knowingly deny an individual with a disability (M3) (§18-12-204) Concealed carry requirements - ANSWER-Not having the card with you and display upon demand is a PO1 // Don't need a permit to carry in your private car, if you're legally hunting Schedule I Controlled Substances - ANSWER-includes MDMA, LSD, heroin, mushrooms, marijuana [no medical benefit, high potential for abuse] Schedule II Controlled Substances - ANSWER-includes meth, cocaine, oxycodone, hydrocodone, fentanyl, Adderall [some medical benefit, high potential for abuse] Schedule III Controlled Substances - ANSWER-steroids [medical benefits, potential for abuse] Schedule IV Controlled Substances - ANSWER-acetaminophen, dichloralphenazone, isometheptene mucate [medical benefits, low abuse potential relative to previous schedule] Schedule V Controlled Substances - ANSWER-codeine, diphenhydramine, phenylephrine [medical benefits, low abuse potential relative to previous schedule] (§18-18-405) Unlawful distribution, manufacturing, dispensing, or sale - ANSWER- Unlawful to knowingly manufacture, dispense, sell, possess, attempt to induce, conspire to manufacture, sell, distribute, or possess supplies with intent to manufacture a controlled substance (DF - weight dependent) Special Offenders (§18-18-407) - ANSWER-Any person who commits a felony offense under part 4 with any of the following aggravating circumstances (DF1) // violation is part of a pattern of manufacturing, sale, &amp; constitutes a substantial source of that person's income; imported from another state more than 14 g; possessed a deadly weapon; used a child; within 1000 feet of a school Keeping property for unlawful distribution of CS (§18-18-411) - ANSWER-knowingly or intentionally, manage or control any building, room, or enclosure, either as an owner, employee, or lessee (DM1) Abusing toxic vapors (§18-18-412) - ANSWER-Knowingly huffing Fraud and deceit (§18-18-415) - ANSWER-Procuring a CS by fraud, deceit, misrepresentation, or by forgery or alteration of an order, or by concealment of material fact (DF4) Imitation/counterfeit CS (§18-18-242) - ANSWER-"Reasonable person would believe it's a CS"; possession with intent to distribute (DF4) Possession of drug paraphernalia (§18-18-428) - ANSWER-Knows or reasonably should know what it is; must be used with drugs; anything used to store, transport, or associated with drugs (includes residue baggies now, residue syringes); paraphernalia is PC the search the car! (DPO) Sale or delivery of drug paraphernalia (§18-18-429) - ANSWER-Any person who sells or delivers, possesses with intent to sell, deliver, or manufactures with intent anything where on reasonably should now the things could be used as drug paraphernalia (DM2) Residential Marijuana Cultivation Limits - ANSWER-medical (24 maximum, recreational and medical included); recreational (12 maximum); the first offense is a PO; plants must be secured and enclosed; if someone under 21 lives in the house, plants must be secured somewhere they can't access it Medical Marijuana Patient Requirements - ANSWER-Must be a Colorado resident, 18 years old, have a doctor recommendation, and renew yearly with the CDPHE Juvenile Medical Marijuana Patient Requirements - ANSWER-Parent and child must be residents, two doctor recommendations, yearly renewal, can't be in possession of their MJ or paraphernalia at any time, must have documentation on them at all times Medical Marijuana possession limits - ANSWER-- Up to two ounces in public - Can grow up to six plants (3 flowering, 3 unflowering) - Physicians can recommend more plants - Can keep yield of their grow - Again, juveniles can never possess it - In home M MJ grows, they must have their doctor's grow limits posted Caregivers involving medical Marijuana - ANSWER-- Must register with CPDHE - Maximum of five patients (waiver available) - May grow up to 99 plants - Must be at least 18 - Can get transport waiver to bring to patient Recreational Marijuana possession limits - ANSWER-- Up to one ounce in public - Can grow up to six plants - Out of state individuals have the same limits - Legal to transfer one ounce or less without remuneration Marijuana paraphernalia laws - ANSWER-Persons under 21 can't possess paraphernalia, including persons under 18 even if they have a red card; legal to possess and transport if you are 21+, if you're 18-21 you must have a red card or be a caregiver "Jack's law" - ANSWER-School administrators can administer MJ with written instructions, parents must drop off and pick up the MJ every day Good Samaritan Law - ANSWER-Immunity from prosecution; must be cooperative through the investigation, provide their name, and remain on scene; applies to an emergency drug/alcohol event for both reporter and sufferer Qualified Immunity - ANSWER-Officer not subject to suit unless the warrant is so lacking in PC that belief in the validity of the warrant would be unreasonable (no immunity if the officer purposefully misinformed court) Government/Sovereign Immunity - ANSWER-Has since been abolished / officers could not be sued when acting within the scope of their employment Vicarious Liability - ANSWER-Affirmative duty to supervise subordinate + failure to do so + failure was negligent + negligence was the proximate cause of the plaintiff's injuries - Children's interviews concerning child abuse may be audio or videotaped - strongly recommended to videotape interviews of sexual child abuse (19-3-308.5) School Interference - Credible threat (§18-9-109.6) - ANSWER-Knowingly made or conveyed a credible threat to cause death, or BI with a deadly weapon against a person the defendant knew or believed to be a student, school official, or an invitee who was on the premises of an educational institution School Interference - Movement/Use/Ingress/Egress (§18-9-109.1) - ANSWER- knowingly was on or near the premises of an educational institution and denied lawful freedom of movement or use of property to students, school officials, employees, or invitees Juvenile Court: (§19-2-104) - ANSWER-Juvenile court has exclusive jurisdiction over any juvenile 10-17 who has violated any federal, state, county, or municipal ordinance; has concurrent jurisdiction with the county court over non-felony traffic offenses and alcohol/marijuana petty offenses; juvenile court also has jurisdiction over the juvenile's parents Juveniles are only entitled jury trial if: - ANSWER-▪ Charged as an adult ▪ Charged with aggravated juvenile offender ▪ Charged with crime of violence ▪ Court may order juries for other felonies ▪ No right to jury trial for M, PO, or ordinance violations ▪ Speedy trial is 6 months for a jury trial and 60 days for a court trial Sentencing of a minor - ANSWER-Options include to the youthful offender system (two years up to six years EXCEPT for F1s, or if 16 yoa or older, felony sex offenses, or habituals ▪ Probation is a max of two years ▪ 5 days mandatory minimum for weapons (if 13 or older) Youthful Offender System - ANSWER-Must be under 21 at sentencing to qualify; have a suspended DOC sentence motivating them to complete Juvenile auto-expungement after 42 days if: - ANSWER-- Found not guilty - Dismissal of petition - Complete of sentence for POs, petty drug offenses, DM1s and DM2s; felonies can be expunged as long as they don't have a prior felony adjudication [DA or victim can object] - NOT available for: AJO, VJO, homicide, felony sex offenses, violent crimes, F1, F2, or has prior felonies Commercial Motor vehicle - ANSWER-does not include recreational vehicles, military vehicles driven by military personnel, any farm vehicles within 150 miles of the farm, firefighting equipment GVWR - ANSWER-gross vehicle weight rating, the value specified by the manufacturer as the maximum loaded weight; GCWR (gross combination weight rating) is the GVWR of the power unit plus the GVWR of any towed unit Driving under suspension: - ANSWER-temporary restraint for too many points, violations / driving under denial: licensed out-of-state drivers who is restrained by Colorado or a driver who has never obtained a DL and has too many violations driving under revocation: - ANSWER-considered a "permanent" restraint, usually revoked for DUI or major traffic violations financial responsibility action: - ANSWER-restraint for a traffic accident insurance issue / Restraints are still restrained until the driver "reinstates" his DL Identification Cards - ANSWER-can't be issued to non-citizens or those who have a Colorado DL / expiration period is five years or on 21st birthday / can't duplicate etc. / class 3 misdemeanor [title 18] Commercial Drivers Licenses - ANSWER-expire every 4 years / federal law requires 21 yoa to "inter-state" drive, state law requires 18yoa to "intra-state" travel - Class A [combination vehicles]: any combination of vehicles with a GCWR of 26,001+ lbs. if GVWR of towed vehicle is over 10,000 lbs. - Class B [heavy straight vehicles]: any single vehicle with a GVWR of 26,001+ lbs. or any vehicle towing a vehicle not in excess of 10,000 lbs. GVWR - Class C [small vehicles]: any combination of vehicles designed to transport 16+ people or to transport hazardous materials that require a DOT placard Colorado registration required - ANSWER-within 60 days of vehicle purchase / new residents 90-day grace period / temporary permit 60 days, no grace / vehicle color change 30 days / expiration of registration is the last day of the month following date of expiration "After hours" vehicle sale exception - ANSWER-must meet all stipulations: bill of sale, insurance from old car, bought within 36 hours, on Saturday Sunday or holiday between 5pm-8am, driving it to the place of storage License plate attachments - ANSWER-motorcycles require 1 / all other vehicles require 2 / plates must be plainly readable within 100 ft in daylight / plates must be securely fastened to prevent swinging, a minimum of 12 inches height to bottom of the plate, and free from foreign materials Fatal accidents - ANSWER-driver of any vehicle involved in an accident resulting in SBI or death shall immediately stop and return to the scene (M1 - BI; F4 - SBI; F3 - death) / DL of the convicted shall be revoked Property damage accidents - ANSWER-driver of any vehicle involved shall stop and return to the scene (class 2 misdemeanor traffic offense) Duty to give notice, information, & aid - ANSWER-any injury or property accident shall give the driver's name, address, and registration number of the vehicle // shall exhibit DL upon request to attending vehicles // shall render aid if thought necessary // driver of any vehicle involved shall immediately report accident to the police Striking unattended property - ANSWER-driver must stop and leave his name, address, and registration number of his vehicle on a written notice // shall also report accident to the police (class 2 misdemeanor traffic offense) Striking highway fixtures - ANSWER-notify the road authority with driver's name, address, and registration number of the vehicle (class 2 misdemeanor traffic offense) Duty to report accidents - ANSWER-driver of vehicle involved in any accident shall give immediate notice of location to police // shall return to and remain at scene // reports must be submitted within five days // officers do not have to write a report if: the damage is less than $1,000, neither parties demand a report, and both parties have proof of insurance, and there's no injury (class 2 misdemeanor traffic offense) driver unable to give notice - ANSWER-When the driver is physically incapable of giving immediate notice of an accident, the other occupant shall give or cause to be given the notice School busses - ANSWER-if visual signals are employed, other vehicles shall stop at least 20 feet from the us // need not stop when divided highway into two or more roadways by a depressed, raised, or painted median (class 2 misdemeanor traffic offense) Skid Mark - ANSWER-a friction mark made by tire that is sliding without rotating / mark is caused by heat generation of the asphalt Skip Skid - ANSWER-Made by wheel hop on irregular road surfaces / measure the total length of marks Gap Skid - ANSWER-Made by application and reapplication of brakes / only measure marks, not the gaps Front skid marks are on the _____________ outside, _____________ in the middle; rear skid marks are __________ in the middle and ____________ on the outside - ANSWER-Darker, lighter Darker, lighter Yaw Mark - ANSWER-A curved mark that has line striations; very narrow in width 6th Amendment - Escobedo Considerations - ANSWER-- Suspect may reinitiate conversation with LE, not the other way around - Still must re-mirandize them and obtain a valid waiver; must be unambiguous! - Right to counsel becomes applicable once charges have been filed and when a PO tries to elicit incriminating statements from the defendant - Right applies at all critical stages, and regardless of custody (i.e. out on bond) - Right to counsel is offense-specific, meaning it only applies to the case they are charged with (i.e. if charges are pending on another case, or they try to invoke it for future prosecutions) - If they already have a lawyer on retainer, but they haven't been charged with a crime, the right to counsel does not apply "Voluntary" - ANSWER-- Doesn't mean it has to be "volunteered"; involuntary statements violate the 5 th amendment - Statements must be made of free will, not the result of promises or threats - Involuntary statements may not be used for ANY purpose - Voluntary statements that are suppressed for other reasons can still be used for specific purposes - Voluntariness test: "the product of a free and deliberate choice, rather than the product of police intimidation, coercion, or deception" --- Coercive governmental conduct must play a significant role in inducing a confession to be considered involuntary --- "has the defendant's will been overborne?" - Defendant is entitled to a voluntariness hearing; the burden of proof is on the prosecution to prove voluntariness beyond a reasonable doubt - Subsequent statements and derivative evidence obtained through an involuntary statement may also be inadmissible subject to attenuation analysis "Interrogation" - ANSWER-"Express questioning" but also, it's "functional equivalent" (i.e. anything that might elicit an incriminating response, including actions) Gennings Factors - ANSWER-Variables of interrogation or suspect (i.e. mental conditions, intoxication, age, etc.) Terrorism - ANSWER-FBI "the unlawful use of force or violence against persons or property to intimidate or coerce a government, the civilian population, or any segment thereof, in furtherance of political or social objectives" WMD - ANSWER-Any destructive device (i.e. explosive device, any weapon designed to cause death or SBI through the release, dissemination, or impact of toxic or poisonous chemicals) - CBRNE - chemical, biological, radiological, nuclear, explosive - Reporting to: HAZMAT authority, Bomb squad, Health Department, Emergency Management, Colorado Information Analysis Center (CIAC), Denver WMD Coordinator and Joint Terrorism Task Force, National Counter-Terrorism Center Gomez Rule - ANSWER-Specific to Colorado: If you're collecting evidence (i.e. blood sample), has to be enough for the defense to get the evidence tested as well [take two swabs at minimum, preferably four - booked in as one piece of evidence] - FBI will not permit outside forensic examiners into their lab while analysis is performed - FBI may refuse to examine certain types of evidence submitted by Colorado agencies where Gomez is a consideration 3 Scene CSI integrity issues - ANSWER-- Addition of material - Destruction of material - Movement of material Goals of evidence collection - ANSWER-- Prove that a crime occurred - Arrest of the correct suspects - Evidence acceptance in court Drug evidence packing - ANSWER-- Powders or chunks: paper bindle or paper fold; bindle can be placed into paper envelopes, paper bags or plastic bags - Plant material: paper bags/envelopes/bindles/folds; if sufficiently dried -> plastic bags Arson evidence - ANSWER-- Nylon - arson debris bags heat sealed; needs to include "head space" (open room around evidence) - Paint cans - typically should be the unlined variety; extra "head space" needs to be available between evidence and can lid - Glass vials DNA evidence - ANSWER-- Typically collected using swabs - Swabs needs to be air dried or packaged in a manner that they will air dry - Items to be used for possible DNA collection should be packaged in paper or cardboard Order of evidence collection: - ANSWER-- Fragile and perishable evidence first (i.e. gunshot residue) - Shoe and tire tracks - Items outside exposed to weather - Remaining items Firearm evidence collection - ANSWER-- Cardboard boxes are the best, paper bags or envelopes second - Fired casings and rounds must be packaged separately - Unfired rounds can be packaged together Muzzle/target patterns - ANSWER-Burned or unburned gunpowder that comes from the center of the cartridge through the barrel - Thicker/darker/smaller - closer the firearm Gunshot Residue (GSR) - ANSWER-Typically, on person's hand, face, clothing - comes from primer - No positive field test for GSR - CSI has a scanning electron microscope Nuclear DNA - ANSWER-individual to the person with the exception of identical siblings YSTR DNA - ANSWER-from Y chromosome, same as in the paternal lineage. Hair DNA - ANSWER-nuclear DNA is from the root, mitochondrial DNA is maternal DNA and is found in the hair shaft Sara Model // Herman Goldstein - ANSWER-- Scanning: determining what the problem is through data - Analysis: determining what is the root cause of the problem - Response: devise and implement a solution - Assessment: looking back to see if the solution worked Crime Triangle - ANSWER-- Offender, place, target/victim - Elements that have control over the crime triangle: guardians [police, parents, community], handlers [police, probation, parole], managers [police, property owners, community] Crime Prevention through Environmental Design (CPTED) - ANSWER-Controlling access, increasing visibility, territorial enforcement through natural and mechanical controls National Incident Management System (NIMS) // Incident Control System (ICS) - ANSWER-- ICS has been adapted for all public hazards - Unity of command: each person reports to 1 person - Unified command: single commander for all forces - Span of control: the number of subordinates that a superior can manage effectively (3- 7 people) - Modular structure gives the ability to expand and contract to meet the needs of the incident; top-down organizational structure - Strike teams and task forces maximize the effective use of resources and minimize the span of control 5 Major INCS functional components - ANSWER-- Operations: direct tactical - Planning/intel: collect and analyze data, action plan - Logistics: provide support - Finance/admin: cost accounting &amp; procurement - Command: overall responsibility --- Incident commander is usually the highest ranking first responder Victim's comp can pay for: - ANSWER-Replacement of doors and locks Notification to a victim may be done through - ANSWER-Telephone or letter, but it must be documented VRA interprets a "swift and fair" resolution as: - ANSWER-Case-by-case basis based upon a reasonable period of time Restraining orders are within the purview of the VRA when: - ANSWER-The underlying factual basis is DV To purchase alcohol when you're from a foreign country, you must show your: - ANSWER-Passport Possession of drug paraphernalia is a: - ANSWER-Class 2 PO Requirements for a body cavity search? (excluding mouth) - ANSWER-- Written permission from police commander of from an agent thereof - A licensed physician or nurse must do the search - A search warrant is NOT required To take x-rays of a child you need: - ANSWER-Reasonable suspicion of child abuse Leaving the scene of a hit and run accident resulting in death is a : - ANSWER-F4 Presumptive BAC level for DUI vehicular homicide? - ANSWER-.08 If you have PC that there may be more contraband in a car, what can you search? - ANSWER-The entire car as if you had a warrant - including locked containers Stone v. Colorado stands for what legal proposition? - ANSWER-Colorado version of a Terry Stop A mentally ill person may only be held in a treatment facility for up to: - ANSWER-72 hours Obscuring any article with an identification number is a: - ANSWER-M3 -What information is considered public when dealing with a juvenile? - ANSWER- Physical description Stone v. People stands for what legal proposition? - ANSWER-An officer may stop and detain based on reasonable suspicion When you remove a juvenile from an injurious environment, the first thing you should do is: - ANSWER-Notify the parents 42 USC Section 1983 requires that an officer be acting in what manner to be held liable: - ANSWER-Under color of law 42 USC Section 1983 originally known as: - ANSWER-KKK Act Officer subject to civil liability and what? - ANSWER-Federal criminal prosecution Violation of someone's civil rights by conspiracy subjects you to: - ANSWER-- A fine, OR if causing death/kidnapping/sexual assaulting/attempting to do any of these things: life in prison, any amount of years in prison, or death Officers can sue the plaintiff's attorney if they can prove: - ANSWER-the attorney knew the case to be without merit What type of information is made when a witness is taken to ID a suspect within minutes of a crime having been committed? - ANSWER-Afield ID or show up Why do informants become informants? - ANSWER-They feel it's their civic duty (most informants are private citizens willing to cooperate and testify) What is the first step when you arrive at a chemical spill? - ANSWER-Evacuate, Always protect yourself and the on scene officer. What is the best form of communicating technique for directing traffic - ANSWER-Non- verbal (whistle/hand signals/eye contact) After Deliberation - ANSWER-Not only intentionally but also that the decision to commit the act has been made after the exercise of reflection and judgment concerning the act 18-3-102. Murder in the first degree - ANSWER-After deliberation and with the intent to cause the death of a person other than himself, he causes the death of that person or of another person OR he or she commits or attempts to commit arson, robbery, burglary, kidnapping, sexual assault, or escape, and in the course of that crime or the immediate flight there from, the death of a person, other than one of the participants, is caused by anyone OR under circumstances evidencing an attitude of universal malice manifesting extreme indifference to the value of human life generally, he knowingly engages in conduct which creates a grave risk of death to a person, or persons, other than himself, and thereby causes the death of another OR he or she commits unlawful distribution, dispensation, or sale of a controlled substance to a person under the age of 18 years of age on school grounds, and the death of such person is caused by the use of such controlled substances OR the person knowingly causes the death of a child who has not yet attained 12 years of age and the person committing the offense is one in a position of trust with respect to the victim If someone knowingly causes the death of a child who has not yet attained 12 years of age, and the suspect is in a position of trust, it is what crime? - ANSWER-First degree murder What are the five circumstances for first degree murder? - ANSWER-1. after deliberation and with intent 2. BRAKES 3. universal malice manifesting extreme indifference to the value of human life 4. distribution, dispensation or sale of controlled substances to someone under 18 on school grounds, and those drugs are the cause of death 5. a child under 12 and by someone in a position of trust BRAKES - ANSWER-Burglary Robbery Arson Kidnapping Escape Sex Assault //falls under first degree murder\\ In a trial for first degree murder, can a husband and wife testify against each other? - ANSWER-Yes "The statutory privilege between patient and physician and between husband and wife SHALL NOT be available for excluding or refusing testimony in any prosecution for the crime of first degree murder" Murder in the Second Degree - ANSWER-Killing done with intent to cause death but without premeditation and deliberation. Knowingly causing the death of another person When is second degree murder a class 3 felony? - ANSWER-When the act causing the death was performed upon a sudden heat of passion, caused by a serious and highly provoking act of the intended victim, affecting the defendant sufficiently to excite an irresistible passion in a reasonable person, BUT if between the provocation and the killing there is an interval sufficient for the voice of reason and humanity to be heard, it is a class 2 felony What is a crucial part for a sudden heat of passion murder? - ANSWER-Was there an interval sufficient for the voice of reason and humanity to be heard in between the provocation and the killing Unity of command - ANSWER-each person reports to 1 person DNA stands for - ANSWER-deoxyribonucleic acid Unified Command - ANSWER-single commander for all forces Span of Control - ANSWER-the number of subordinates that a superior can manage effectively (3-7 people) Strike teams - ANSWER-a group of similar resources and people Task Forces - ANSWER-any combination of single resources, can be independently operating resources 5 Major Incs Functional Components - ANSWER-▪ Operations: direct tactical ▪ Planning/intel: collect and analyze data, action plan ▪ Logistics: provide support ▪ Finance/admin: cost accounting &amp; procurement ▪ Command: overall responsibility Focus Point - ANSWER-an area of clear, immediate, and present danger that requires the officer to take immediate response Areas of Responsibility - ANSWER-areas in which an attack could originate 10 Deadly errors of officer survival - ANSWER-Mindset, tombstone courage, not enough sleep, taking a bad position, stay alert, failing to watch hands of subject, assuming it's "nothing", not appropriately using handcuffs, no search / improper search, dirt / inoperable equipment Compensatory Damages - ANSWER-only is what the department will pay Stare Decisis - ANSWER-let the decision stands; the precedent that all courts must abide by in Colorado Interrogation third degree tactics include: - ANSWER-o Physical force, threats of force, mental or psychological abuse o False promises Crimes NOT covered by VRA: - ANSWER-Arson, careless driving results in SBI, theft It's important to include prior DUI arrest on a new DUI summons for up to: - ANSWER- Five years Title 42 Section 1985 provides recourse to plaintiff's deprived of rights as a result of: - ANSWER-o Conspiracies o Also punishes officers who failed to intervene when present during a violation (8-a?) Illinois v. Gates established what? - ANSWER-Informants' reliability is determined by the totality of the circumstances Katz v. US established what? - ANSWER-The concept of reasonable justifiable expectation of privacy Chimel doctrine is: - ANSWER-You may only search the immediate area around an arrestee in search incident to arrest Payton v. New York states: - ANSWER-Police can't arrest a person into their own home on PC alone, need an arrest warrant What is the Carroll doctrine? - ANSWER-LE can search a motor vehicle based on PC alone Three methods to start criminal proceedings against a defendant: - ANSWER-o Grand jury indictment o Summons / complaint by LE o Information by DA Who issues an indictment and to what court? - ANSWER-Grand jury - to district court What is NOT the intent of the Child Protection Act? - ANSWER-Criminal penalties for violations Maximum speed limit in residential areas, not otherwise posted: - ANSWER-30MPH What does the victim have the right to know about the suspect? - ANSWER-o Right to be informed and present for all critical stages o Right to be present at all sentencing hearings o Right to be heard at any bond or modification hearing o Right to be informed of release, discharged, paroled, or escapes, upon request What is considered an intentional tort? - ANSWER-Acting recklessly, willfully, wantonly, intentionally, and causing damage to another person Who has authority over the US Secret Service? - ANSWER-The Department of Treasury What did Tennessee v. Garner establish? - ANSWER-The "fleeing felon" deadly force rule - deadly force may only be used against a fleeing individual when it is to prevent their escape & the officer has PC that they are a serious threat to the officer or another Can an officer take a juvenile into protective custody against the wishes of the parents? - ANSWER-Yes (see CRS §19-2-502) Who must be notified immediately after taking a juvenile into custody? - ANSWER-The screening team for the judicial district in which the juvenile was taken into custody How can an officer get an emergency protective order? - ANSWER-By phone to any judge of a court of record. The order is in the officer's own handwriting and valid for three judicial days (do not count weekends or holidays). Acceptable IDs under the Colorado Liquor Code as proof of age: - ANSWER-Passport, DL w/ photo [including those issued by Canada, Mexico], alien registration card, military ID, ID card w/ photo, employment authorization card issued by US Department of Justice What type of power is shared by all parts of the CJ system? - ANSWER-Discretion Liquor Code special event permit is valid for these hours: - ANSWER-0500am and 1200pm the same day Law enforcement and the courts can overcome competing differences by: - ANSWER- Discretion and accommodation What agency can investigate the felonious killing of a PO? - ANSWER-FBI Most constitutional torts are based upon violations of which amendment? - ANSWER-4 th - search and seizure / 14 th - due process &amp; equal protection Purpose of the CCIC (SNAG) file - Statewide Narcotics and Gang file? - ANSWER-To provide a statewide index of the names and addresses with documented involvement in drug crimes and other organized criminal activity. Differences in requirements for direct file & transfer file for a juvenile: - ANSWER-o Direct file: at least 14 yoa - F1 or F2 o Transfer file: at least 12 yoa - F1 or F2 An officer has a duty to assist a repossession of property (like a car) when: - ANSWER- The person doing the repossession has a court order Two types of arrest - ANSWER-Custodial Non-Custodial US v. Mendenhall - ANSWER-A person is considered "seized" under the 4th amendment if in view of all the circumstances surrounding the incident, a reasonable person would have believed he was not free to leave What is the age definition of a child for child abuse? - ANSWER-What is the age definition of a child for child abuse? Does the argument that child abuse was for the purpose of cultural reasons, make it not a crime? - ANSWER-No - cultural reasons does not justify any type of child abuse If someone reports child abuse and it turns out to be false, can the person be charged with false reporting? - ANSWER-No - not unless the person intentionally made a false report. If the report was made in good faith, then the person cannot be charged with false reporting. What are the circumstances in which child abuse is a felony? - ANSWER--knowingly or recklessly and the abuse results in the death of a child -criminal negligence and the abuse results in death to the child -knowingly or recklessly and the child abuse results in SBI -criminal negligence and the abuse results in SBI What is the Safe Haven law? - ANSWER-If a baby is 72 hours or younger, the mother can give up their child to a fire station or hospital - but the child has to be physically given to someone, you cannot leave the baby on a step What is the age definition of a child for sexual exploitation of a child? - ANSWER-18 years or younger 18-6-601 Harboring a Minor - ANSWER-If the person knowingly provides shelter to a minor without the consent of a parent, guardian, custodian of the minor, or the person with whom the child resides the majority of the time pursuant to a court order allocating parental responsibilities and if the person intentionally: -fails to release the minor to a LE officer after being requested to do so-fails to disclose the location of the minor to LE when requested to do so -obstructs a LE officers from taking the minor into custody -Assists the minor in avoiding or attempting to avoid the custody of a LE officer -fails to notify the parent or guardian, that the minor is being sheltered within 24 hours after shelter has been provided What is the definition of an intimate relationship? - ANSWER-a relationship between spouses, former spouses, past or present unmarried couples, or persons who are both the parents of the same child regardless of whether the persons have been married or have lived together at any time At-risk adult definition - ANSWER-any person who is 70 years or older, or who is 18 years or older with a disability Caretaker neglect - ANSWER-Neglect that occurs when adequate food, clothing, shelter, psychological care, physical care, medical care, habilitation, supervision, or any other treatment necessary for the health or safety of an at-risk person is not secured for an at-risk person or is not provided by a caretaker in a timely manner and with the degree of care that a reasonable person in the same situation would exercise, or a caretaker knowingly uses harassment, undue influence, or intimidation to create a hostile or fearful environment for an at-risk person Person with a disability definition - ANSWER-Impaired because of the loss of or permanent loss of use of a hand or foot, blindness, or the permanent impairment of vision of both eyes, unable to walk, see, hear or speak, unable to breath without mechanical assistance, has an intellectual or developmental disability, mentally ill, receiving care and treatment for a developmental disability What is the difference between soliciting prostitution and pandering? - ANSWER- Solicitation = asking to do it Pandering = already have done it 18-7-403.5 Procurement of a child - ANSWER-any person who intentionally gives, transports, provides, or makes available, or who offers to give, transport, provide, or make available, to another person a child for the purpose of prostitution of the child 18-7-405 Pimping of a Child - ANSWER-Any person who knowingly lives on or is supported or maintained in whole or in part by money or other thing of value earned, received, procured, or realized by a child through prostitution If someone who is 30 years old persuades someone who is 12 over the internet to meet them in a park and describes explicit sexual conduct, and the meeting does not actually occur, can you still charge them with internet luring of a child? - ANSWER-Yes It shall not be a defense that the meeting did not occur Pattern of Sexual Abuse - ANSWER-the commission of 2 or more incidents of sexual contact involving a child when such offenses are committed by an actor upon the same victim Are K-9 hits PC or RAS? - ANSWER-Always PC People v. Gonzales - ANSWER-Officers may use hearsay and evidence to determine PC What is the most violated case on a daily basis? - ANSWER-Terry v. Ohio All searches must be ___________________________ to an arrest. - ANSWER- Contemporaneous [at the same time] What are examples of an administrative searches? - ANSWER-Court house Airport Stadiums Nix v. Williams - ANSWER-inevitable discovery exemption - evidence that was illegally seized may be used in court if it can be shown that it would have inevitably been discovered 18-3-402 Sexual Assault - ANSWER-Any actor who knowingly inflicts sexual intrusion or sexual penetration on a victim if: the victim is less than 15 years of age and the actor is at least 4 years older the victim is at least 15 years of age but less than 17, and the actor is at least 10 years older Can you use deadly force for traffic offenses? - ANSWER-NO