KLETC EXAM 1 STUDY GUIDE QUESTIONS LATEST UPDATE 2024/2025 WITH 100% VERIFIED ANSWERS, Exams of Law

Download KLETC EXAM 1 STUDY GUIDE QUESTIONS LATEST UPDATE 2024/2025 WITH 100% VERIFIED ANSWERS and more Exams Law in PDF only on Docsity! KLETC EXAM 1 STUDY GUIDE QUESTIONS LATEST UPDATE 2024/2025 WITH 100% VERIFIED ANSWERS Define what a constitution is. The constitution embodies the fundamental principles of our government and tells us what our government can do. Where does the constitution come from? The constitution comes from the preamble of the constitution. It has seven articles: Legislative branch, executive branch, judicial branch, relations between states, the amendment process, general provisions/supremacy of the constitution and ratification process. There are 27 amendments. How is the constitution relevant to law enforcement? Protects the rights of citizens, increases the chance of evidence being admissible (valid) at trial and avoids civil liability. Identify the development of the US Constitution It was written in the 18th century, constitution convention assembled in Philadelphia in May of 1787 and was redesigned and signed by 38 delegates on September 17, 1787. What is the purpose of the US Constitution? Establish Justice, insure domestic tranquility, pr0vide for the common defense, promote the general welfare and secure the blessings of liberty to ourselves and our posterity. Define the bill of rights The bill of rights is made up of the first 10 amendments to the constitution and was adopted in 1791. How does the bill of rights apply to the states? -The US supreme courts became heavily involved in the bill of rights and law enforcement interaction. -Contains a vast bulk of fundamental rights, which form the basis for much of our case and statuary law. -Influences LEOs actions in search and seizure, interrogations, arrests and use of force. Identify the specific constitutional amendments that are applicable to criminal justice. 1st Amendment -Freedom of speech, religion, press, petition and assembly 4th Amendment -Search and seizure 5th Amendment -Self incrimination, double jeopardy and due process 6th Amendment -Rights of the accused (speedy and public trial) 8th Amendment -Cruel and unusual punishments and excessive bail/fines 14th Amendment -Due Process (assures that citizens of the various states are not treated arbitrarily) Identify the role of the supreme court as interpreter of the constitution. The role of the interpreter is the be the final judge of unconstitutional decisions in other and lower courts. 1. Must exist prior to arrest and search 2. Need for an arrest with or without a warrant 3. Sufficient facts to cause a prudent person to believe criminal activity is/has occurred. Why is it necessary to avoid making an arrest prior to obtaining sufficient facts for probable cause? You can't prove totality of circumstances Persons authorized to issue arrest warrants Kansas supreme court justices, Kansas court of appeals judges and district court judges & magistrates. When it is necessary to have a warrant to make a lawful arrest. if a judge finds from the complaint, an affidavit filed with the complaint, or other evidence that there is probable cause to believe that a crime has been committed and that the defendant committed it, a warrant fir the arrest of the defendant shall issue. When can an arrest be made without a warrant? If exigent circumstances are a factor. Evidence required to issue a non-traffic citation. Probable Cause Define exigent circumstances Circumstances that would cause a reasonable person to believe that entry was necessary to prevent physical harm to the officers or other persons, the destruction of relevant evidence and the escape of a suspect. When do exigent circumstances exist? 1. Violent nature of the offense 2. Suspect is believed to be armed clear showing of a probable cause committed the crime 3. Believe that suspect is on the premises 4. Likelihood suspect will escape if delayed Identify the major goals of the criminal justice system and explain the role of each. 1. Guaranteeing Due Process -Guarantees many of the rights contained in the constitution for people and anyone that is accused of a crime is presumed innocent until proven guilty 2. Crime Prevention -Defined not by its intentions but by its consequences. The consequences are the reduction of criminal events and by the number of criminal offenders -Reduce risk factors of crime such as gang membership and increase in positive factors such as completing High School 3. Protection of Life and Property -When someone causes harm to the person or property of another, not only is the victim involved but so are society and the state 4. Apprehension of the Offender -The process society uses to identify, apprehend, isolate, and hold accountable those who violate the criminal law 5. Enforcement of the Law -Criminal justice personnel are required to enforce state, federal, and local laws -They are also bound by oath or affirmation to support the constitution of the U.S. 6. Equal Justice -The criminal justice system should apply equally to all individuals regardless of their income, gender, race, or religion 7. Secure Confinement and Rehab of Offenders -Rehab or Treatment directed toward changing the offender and thereby preventing future criminal behavior of the treated individual -In some cases, the offender is jailed to ensure no further crimes are committed What are the sources of law from which LEO's obtain their power and authority? 1. statutes (state level) 2. ordinances (city level) 3. Resolutions (county level) 4. court decisions Where does a sheriff and their deputies have jurisdiction? o Anywhere in their county o Anywhere outside the county when requested by a law enforcement agency o Anywhere when in fresh pursuit Where does a city Law Enforcement Officer have jurisdiction? o Anywhere within city limits o Outside the city limits when on property owned or controlled by the city o Anywhere outside the county when requested by a law enforcement agency o Anywhere within fresh pursuit Where does a University Police Officer have jurisdiction? o on property owned or operated by the state educational institution, by a board of trustees of the state educational institution, an endowment association, an athletic association, a fraternity, sorority or other student group associated with the state educational institution o on the streets, property and highways immediately adjacent to the campus of the state educational institution o within the city where such property as described in this subsection is located, as necessary to protect the health, safety, and welfare of students and faculty of the state educational institution or municipal university, with appropriate agreement by local law enforcement agencies. Such agreements shall include provisions, defining the geographical scope of the jurisdiction conferred, circumstances requiring the extended jurisdiction, scope of law enforcement powers and duration of the agreement. Any agreement entered into pursuant to this provision shall be approved by the governing body of the city or county, or both, having jurisdiction where such property is located, and the chief executive officer of the state educational institution or municipal university involved before such agreement may take effect boundaries of the Tribe's reservation as defined in this section. o If a claim is brought against any tribal law enforcement agency or officer for acts committed by such agency or officer while acting pursuant to this section, such claim shall be subject to disposition as if the tribe was the state pursuant to the Kansas tort claims act, provided that such act shall not govern the tribe's purchase of insurance. The tribe shall waive its sovereign immunity solely to the extent necessary to permit recovery under the liability insurance, but not to exceed the policy limits. What is the primary function and jurisdiction for the Attorney General's office? o Consults and advises county and district attorneys, when requested o Gives his or her opinion in writing, without fee, upon all questions of law submitted to him or her by the legislature, or either branch thereof, or by the governor, secretary of state, state treasurer, state board of education, or commissioner of insurance o The Criminal Litigation Division of the Attorney General's office advises and assists county and district attorneys and local law enforcement officials in the investigation and prosecution of criminal cases What is the primary function and jurisdiction for the County Attorney's Office and District Attorney's office? o Is to see that the laws of the state of Kansas are executed and enforced o They represent the community in prosecuting State laws that occur within their jurisdictions o The primary responsibility is the prosecution of criminal violations, both adult and juvenile. The focus is on the punishment and incapacitation of violent, repeat offenders, within the community o Other major functions of the office include assisting crime victims, collecting restitution, enforcement of the criminal child support laws, and promotion of numerous crime prevention programs in the community What is the primary function and jurisdiction of the U.S. Attorney's Office? o The United States Attorneys serve as the nation's principal litigators under the direction of the Attorney General o United States Attorneys conduct most of the trial work in which the United States Attorney is a party o The United States Attorneys have three statutory responsibilities -The prosecution of criminal cases brought by the federal government -The prosecution and defense of civil cases in which the United States is a party -The collection of debts owed the Federal government which are administratively collectable What is the primary function and jurisdiction of the Municipal Prosecutor's Office o A municipal prosecutor or city prosecutor prosecutes traffic and city ordinate violations in municipal court o There are no jury trials in municipal court Divisions of the Kansas Court System, their functions, and the methods of appeal. Municipal Courts / City Courts: -Violation of city ordinances within city limits (traffic and minor offenses). -No jury Trials -Conviction appealed to district court Divisions of the Kansas Court System, their functions, and the methods of appeal. District Court: -Civil and criminal cases within county. -At least one court per county -Jury Trials -Conviction appealed to Court of Appeals usually Divisions of the Kansas Court System, their functions, and the methods of appeal. Court of Appeals: -All civil and criminal appeals except direct appeals to KS supreme court Divisions of the Kansas Court System, their functions, and the methods of appeal. Supreme Court: -Serious criminal cases or if statute found to be unconstitutional -May review cases decided by Court of Appeals or transfer case from Court of Appeals is desire What is the first phase pre-trial and trial activities in felony prosecutions? First Appearance: o If the defendant is arrested without a warrant, the first appearance is the first hearing. This takes place in the county where the crime is charged. o The purpose of the first appearance includes: -Defendant is informed of the nature of the charge or charges -Bond is set -Counsel is appointed, if required and requested -Time for the next appearance is set What is the second phase pre-trial and trial activities in felony prosecutions? Preliminary Hearing: o The state and every defendant charged with a felony in Kansas has a right to a preliminary hearing unless there is a grand jury indictment o If arrested with a warrant. Felony cases only. Within 14 days of arrest or of first appearance. Determine probable cause a felony was committed and a probable cause that the defendant committed the felony o Defendant can waive Preliminary Hearing What is the third phase pre-trial and trial activities in felony prosecutions? Arraignment: o The arraignment is the formal act of calling the defendant before a court having jurisdiction to inform the defendant of the offense with which the defendant is charged, and ask the defendant whether the defendant is guilty or not guilty. Generally, the three pleas available to a defendant are guilty, not guilty and nolo contender (no contest). It is up to the prosecutor to decide if they will accept a no contest plea What is the fourth phase pre-trial and trial activities in felony prosecutions? Crimes are classified by severity levels and a defendant's general criminal history is classified by criminal history levels. These levels are represented on grids for drug and non-drug offenses; sentencing judges determine the applicable sentence by finding the point at which the levels intersect on the grids. If a defendant falls within the presumptive imprisonment range on the grid, the judge shall order imprisonment unless the judge departs from the presumptive grid-box sentence by finding that aggravating, or mitigating factors exist Identify Circumstances that require a search warrant prior to searching. If there is governmental conduct into an area where there is an expectation of privacy, a search warrant is required unless there is a narrowly carved out exception to the warrant requirement Define Exclusionary Rule Prevents the government from using most evidence gathered in violation of the United States Constitution. Identify the Exclusionary Rule's effect on the law enforcement function in Kansas. o The rule penalizes police by barring the prosecution from using improperly obtained evidence o If arrest in home is illegal than evidence/confessions obtained in the home may be excluded o Evidence seized during illegal search will be excluded at trial o Other evidence derived from original illegal evidence may also be excluded unless inevitable discovery -"Fruit of the Poisonous Tree" Theory Describe a Suppression Hearing Allows a defendant to move the court for return of property and suppression of evidence. A motion to suppress illegally obtained evidence is filed in writing with the court. The burden to prove the lawfulness of the search and seizure or that the defendant's constitutional rights were not violated, is on the prosecution. The prosecutor will often call a police officer as a witness in a suppression motion Identify which circumstances do not constitute a search covered by the fourth amendment 1. DNA drawn by private hospital on their own 2. Invitees -If invited in, no REP in items left out for viewing if in an area where visitor is allowed to be (Plain View) 3. Abandoned Property 4. Trash Itself 5. Smell coming from a vehicle (alcohol, marijuana) 6. Using flashlight in vehicle 7. Illegal Activity (Meth) 8. Not a search if only reveal information LEOs could have obtained through their own senses -Flashlight -Microphones Circumstances when consent search is authorized Police may search without a warrant when the suspect gives a valid consent to the search. Probable cause is not necessary. But consent, must be knowing, voluntary, and intelligent; it may be withdrawn at any time; the scope of the search can't exceed the scope of the consent; and consent must be obtained from someone with the authority to consent Procedures for conducting consent search 1. Legal Stop 2. Knowing, Voluntary, Intelligent Consent -Suspects authority to consent 3. Consideration Factors 4. Totality of Circumstances 5. Preponderance of Evidence 6. Was suspect coerced? 7. Scope of the Search Circumstances constituting plain view in Kansas Without a warrant, an officer may frequently seize evidence in "plain view" when she is lawfully present at the location from which she sees it, and it is immediately apparent that the item to be seized is contraband or evidence of crime. In other words, there is probable cause that it's contraband or such evidence Circumstances for searching a motor vehicle without a warrant under the Carrol doctrine Police may search a vehicle without a warrant when they have probable cause that the vehicle contains contraband/evidence and the vehicle is mobile. Carroll v. U.S., 267 U.S. 132 (1925). The potential that the vehicle may be moved out of the jurisdiction, and the lower expectation of privacy in vehicles, justify the search Circumstances when search incident to arrest is authorized A lawful, custodial arrest may allow a warrantless search of the arrestee and the area and objects within his immediate control if needed for safety, to prevent escape or to prevent evidence destruction of the crime Circumstances when search of premises in hot pursuit is authorized Warrantless entries/searches of premises may be made when criminal suspects flee into them. In other words, when the trail is hot, creating "exigent circumstances". Warrantless searches may also be made when other "exigencies" exist Circumstances when hot pursuit is authorized occurs when LEO's chase a person who then attempts to evade their efforts to arrest or otherwise take him or her into custody Circumstances when exigent search is authorized 1. Preventing Imminent Loss: Securing evidence/contraband from removal /concealment or destruction 2.Preventing Escape: preventing escape of a suspect 3. Hot Pursuit: hot pursuit of a fleeing suspect 4. Preventing Harm: to prevent harm to both the officers and the suspect Procedure for Conducting Emergency Search Emergency Aid Exception: LEOs have a reasonable factual, good faith belief is someone inside dwelling needs immediate aid or assistance. Emergency Aid Exception requires no PC, and the LEOs are not entering to arrest, search, or gather evidence There is no general "murder scene" exception for an extended search without a warrant constitutional law may be overturned through the court system, and thus prosecution based upon such law would be prohibited. If a law is challenged, it can be appealed and lower courts are bound by the appellate court decisions. Courts are routinely asked to determine whether the prosecution of a person would violate constitutional law What a statute is, where it comes from, and how it may be relevant to law enforcement? Statute: - A formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent - Governs the laws in which LEO's are set forth to enforce What case law is, where it comes from, and how it may be relevant to law enforcement? Case Law: -A collection of reported cases that form the body of jurisprudence or precedence for a given jurisdiction. -These cases are "judge-made" only and come from the decisions of the court of appeals for the various state and federal jurisdictions -LEOs must remember that case law cannot change constitutional or statutory law; it can only interpret it. That interpretation, however, may modify the enforcement of the law by an officer What court rules are, where it comes from, and how it may be relevant to law enforcement? Court Rules: - The Kansas Supreme Court, District Courts and local jurisdictions adopt court rules necessary for the administration of the affairs of these courts. These rules, specifically on a district court level, influence time lines for cases to be tried -Law enforcement officers must be familiar with court rules, especially those in their own jurisdictions. Many cases that are lost or dismissed prior to trial fail because of some violation of the rules of procedure. Court rules, like statutes, are contained in the manuals that are distributed to officers by their agencies. Officers must take the time to read and become familiar with these manuals What an ordinance is, where it comes from, and how it may be relevant to law enforcement? Ordinance: -Cities set forth their definitions of illegal acts -City Councils and equivalent bodies in the city or county can also adopt acts defining illegal acts -Officers are bound by their oath to enforce the laws fairly as to all people The difference between a federal law and a state law Federal: -Cases Involving issues of federal law or the U.S. Constitution -Cases between residents of different states when more than $75,000 is at issue -Cases between U.S. citizens and foreigners involving issues of federal and state law State: -State courts can hear all matters -They can also hear cases that assert claims under federal law or the U.S. Constitution, such as discrimination claims, unless the federal statute has conferred exclusive jurisdiction on the federal courts or agencies Scope and Purpose of the Kansas Criminal Code -To provide the just determination of every criminal proceeding & to act as a deterrence to future crimes -The Kansas Criminal Code is intended to provide for the just determination of every criminal proceeding. Its provisions shall be construed to secure simplicity in procedure, fairness in administration and the elimination of unjustifiable expense and delay Organization and components of Kansas Criminal code Most crimes in Kansas are codified and set forth in Chapter 21 of the Kansas Statutes Annotated. Chapter 22 of the Kansas Statutes Annotated sets forth procedural aspects. The purpose of these chapters is to set forth the crimes that can be charged under Kansas law and enumerate their various elements as well as setting the proper procedure to be followed by officers in enforcing the laws. As mentioned in the Code itself, any crime not set forth in the Code will be dealt with under principles of federal law. It is from these areas that law enforcement officers obtain their power and authority. Additionally, these tools also limit police power and authority Reserved ??? What is a voluntary act? -Direct, Voluntary, Affirmative Act -Not Accidental! What is an involuntary act? -By reflex, while unconscious/asleep Define and give and example of each of the culpable mental states defined in the Kansas Criminal Code. · Listed from Highest to Lowest Degrees 1. Intentionally: - A person acts intentionally or with knowledge, with respect to the nature of such person's conduct or to a result of such persons conduct when it is such person's conscious objective or desire to engage in the conduct or cause the result - Example: Shooting a person with the objective of wounding that person 2. Knowingly - A person acts "knowingly", or "with knowledge", with respect to the nature of such person's conduct or to circumstances surrounding such person's conduct when such person is aware of the nature of such person's conduct or that the circumstances exist. A person acts "knowingly", or "with knowledge", with Size: 1. A field notebook should be small enough to carry on your person. (shirt, jacket or pants pocket. Types: 1. Bound notebook 2. Spiral notebook 3. DO NOT TEAR OUT PAGES OF THIS NOTEBOOK Notebooks vs. Loose Paper: 1. Notebooks look more professional 2. Loose paper is harder to keep track of and can get lost 3. It is a good practice to carry an extra notebook in case your current one fills up. Cover page: 1. Write your name, badge number or ID number, department name, address and telephone number. 2. Put the dates of first and last use and case number from first to last. Ink vs. Pencil: 1. Ink is permanent and it is never a question as to where anything was erased or not. 2. If a correction needs to be made, make a single line through it, initial it and write the correct information. 3. Never put non police information on the notebook. Identify field note-taking techniques 1. Start every incident on a new page 2. Put case number on every page 3. Use abbreviations when you can but make sure that they are consistent and that you could explain them in a court of law. 4. Sketches can clarify a scene and they can aid in memory as you transfer information over to your written report. Identify the minimum information to be recorded in field notes Answer the question of who, what, when, where, why and how. Identify advantages and disadvantages of keeping field notes. 1. Field notes can be an asset when you're writing a report, in a court case or when looking back on the investigation. 2. Poor field notes can cause you to waste time to decipher information, you can be embarrassed by an attorney and you could even lose the case in court. Identify the principles of communications and how the principles affect the written communication process. 1. Principles of communication refers to the way of sending and receiving messages. 2. In verbal communication, 93% of the way we communicate this is through voice tone, inflection and body language. Only 7% of the message is typically words. This is two-way communication. - Sender *Person who is talking and is trying to communicate a message to the receiver. -Message *What is being told to the receiver. The message consists of and is affected by voice tone, inflection, words and body language. -Receiver *The person that the message is directed to. -Feedback *Communication from the receiver lets the sender know the message was received. The feedback also consists of voice tone, inflection, words and body language. 3. Written communication is one-way communication. 93% of a person's ability to communicate if missing. So in a narrative report you are only getting 7% of the message. This is what you have to overcome as the report writer and let the report speak for itself. Identify the purposes a police report serves A report is used to communicate the facts about an incident to those interested in the case. Identify agencies or individuals who may use law enforcement police reports. 1. Police officers 2. Prosecutors 3. Investigators 4. Judge 5. Defense 6. Administrators 7. Lab techs 8. Public information officers 9. Statisticians 10. Prison officials 11. Parole personnel Define report A report is a permanent written record, which communicated important facts to be used in the future. It is the reconstruction of an incident based on the officer's investigation Identify the two classifications of reports and the difference between them 1. Administrative report -Passing information form one person to another person, section or agency concerning matters not directly related to a police case or investigation. These reports address the administration of an agency or one of its organizational parts 2. Operational Reports - Documentation related directly to a police case. Some of these reports include crime reports, traffic reports, investigative reports. Operational reports that document procedures are arrest reports, evidence reports/receipts and vehicle impound reports. Identify the characteristics essential to good police narrative report writing Complete, Concise, Clear and Correct Identify questions to be answered in a complete police narrative report Who, What, When, Where, Why & How 3. Knowingly causing physical contact with another person when done in a rude, insulting, or angry manner with a deadly weapon, or in any manner whereby great bodily harm, disfigurement, or death can be inflicted 4. Recklessly causing great bodily harm to another person or disfigurement of another person 5. Recklessly causing bodily harm to another person with a deadly weapon, or in any manner whereby great bodily harm, disfigurement, or death can be inflicted Domestic Battery 1. Knowingly or recklessly causing bodily harm to a person with whom the offender is involved or has been involved in a dating relationship or a family household member 2. Knowingly causing physical contact with a person with whom the offender is involved or has been involved in a dating relationship or a family household member, when done in a rude, insulting, or angry manner Aggravated Domestic Battery 1. Knowingly impeding the normal breathing or circulation of the blood by applying pressure on the throat, neck, or chest of a person with whom the offender is involved or has been involved in a dating relationship or a family or household member, when done in a rude, insulting, or angry manner 2. Knowingly impeding the normal breathing or circulation of the blood by blocking the nose or mouth of a person with whom the offender is involved or has been involved in a dating relationship or a family or household member, when done in a rude, insulting, or angry manner. Battery of a Law Enforcement Officer 1. Knowingly causing physical contact with another person when done in a rude, insulting, or angry manner - Uniformed or properly identified University officer, campus officer, State officer, County officer, city officer, correctional officers and employees, judge, attorney, community corrections officer, or court services officer while such person is engaged in the performance of such person's duties 2. Knowingly or recklessly causing bodily harm to another person - Uniformed or properly identified University officer, campus officer, State officer, County officer, city officer, correctional officers and employees, judge, attorney, community corrections officer, or court services officer while such person is engaged in the performance of such person's duties Disorderly Conduct 1. Is one or more of the following acts that the one person knows or should know will alarm, anger or disturb others or provoke an assault or other breach of the peace: - Brawling or fighting - Disturbing an assembly, meeting or procession, not unlawful in its character - Using fighting words or engaging in noisy conduct tending reasonably to arouse alarm, anger or resentment in others Criminal Threat 1. Commit violence communicated with intent to place another in fear, or to cause the evacuation, lock down or disruption in regular, ongoing activities of any building, place of assembly or facility of transportation, lock down or disruption in regular, ongoing activities 2. Adulterate or contaminate any food, raw agricultural commodity, beverage, drug, animal feed, plant or public water supply 3. Expose any animal in this state to any contagious or infectious disease Aggravated Criminal Threat 1. When a public, commercial or industrial building, place of assembly or facility of transportation is evacuated, locked down or disrupted as to regular, ongoing activities as a result of the threat Kidnapping 1. Is the taking or confining of any person, accomplished by force, threat, or deception, with the intent to hold such person: - For ransom, or as a shield or hostage - To facilitate flight or the commission of any crime - To inflict bodily injury or to terrorize the victim or another - To interfere with the performance of any governmental or political function Aggravated Kidnapping 1. As defined above, but when bodily harm is inflicted upon the person kidnapped Robbery 1. Is knowingly taking property from the person or presence of another force or by threat of bodily harm to any person Aggravated Robbery 1. As defined above, but when: - Armed with a dangerous weapon - Inflicts bodily harm upon any person in the course of such robbery Sexual Battery 1. Is the touching of a victim who is not the spouse of the offender, who is 16 or more years of age and who does not consent thereto, with the intent to arouse or satisfy the sexual desires of the offender or another Aggravated Sexual Battery 1. Is the touching of a victim who is 16 or more years of age and who does not consent thereto with the intent to arouse or satisfy the sexual desires of the offender or another and under any of the following circumstances: - When the victim is overcome by force or fear - When the victim is unconscious or physically powerless - When the victim is incapable of giving consent because of mental deficiency or disease, or when the victim is incapable of giving consent because of the effect of any alcoholic liquor, narcotic, drug, or other substance, which condition was known by, or was reasonably apparent to, the offender Rape 1. Knowingly engaging in sexual intercourse with a victim who does not consent to the sexual intercourse under any of the following circumstances: