MCOLES Final Exam Questions with 100% Correct Answers | Verified | Latest Update, Exams of Advanced Education

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MCOLES Final Exam Questions with 100% Correct Answers | Verified | Latest Update What are the 3 things to advise person of constitutional rights? - Correct Answer-1) Reading rights to person 2) Asking person if he/she understands rights 3) Explaining rights to person What are the steps to interview of a suspect? - Correct Answer-- Establish rapport - Listen - Take notes and clarify details - Evaluates body language - Process info to utilize in the interrogation approach and/or theme How to conduct interrogation of a suspect? - Correct Answer-- Using interrogation techniques - Controls dialogue and challenges denials - Obtains admission and/or confession - Records exact statements of suspect Steps to record statements of suspects? - Correct Answer-- Obtain written waivers of rights - Obtains written confession/admission of events that occurred, asking them to be concise and include names, dates, times, places - Witnesses recording of confession/admission - Writes report concerning the confession/admission given by suspect, using exact verbiage of the individual What are the steps in searching unlocked businesses and dwellings for signs of illegal entry - Correct Answer-- Notifies dispatcher of unlocked building - Secures building perimeter using backup units - Visually checks outside of building for signs of entry - Enters building in safe and cautious manner, checking for points of entry - Evaluates information gathered in search to determine next course of action (notify owner) What are the steps in securing a dwelling or business? - Correct Answer-- Notifies owner to secure a dwelling/business - Determines appropriate method of securing dwelling/business, if owner is not available, based on visual and manual inspection - Secures the property (impounds probable property) - Notifies dispatcher to request further checking of secured property when deemed necessary When checking a building what direction do you want to check? - Correct Answer-- Counter clockwise What are the 3 things you want to notify the owner or agent of, of potentially hazardous conditions? - Correct Answer-1) Hazardous condition 2) Actions to be taken 3) Consequences of failure to comply with request How do you notify citizens of damage to their property? - Correct Answer-- Determine ownership of property that has been damaged by checking records - Notifies owners about nature and source of damage to their property using proper procedures (notify by phone, requests neighbors or relatives to notify) How to secure a vehicle? - Correct Answer-- Secure it by impounding, locks vehicles at scene, removes valuables - Documents action taken How to investigate unattended suspicious vehicle? - Correct Answer-- Notify dispatch of location and registration number - Number of personnel needed - Degree of urgency What is File and Status in reference to language of LEIN? - Correct Answer-- Requesting to know if a person is "wanted" (Warrants) (No wants/nil) - Requesting to know if a person is "valid" to drive - The file is to see if they have warrants, and status is to see if their licensing is legal What is Valid on face and OSC in reference to language of LEIN? - Correct Answer-- Let you know the warrant is valid without waiting for the entering agency to confirm it - Officer Safety Caution (Dont arrest on this, just a caution) What is Michigan repeat offender law? - Correct Answer-- 625 - 1 + prior conviction for OWL (can only have 1 prior conviction) - 904 - 2 + prior convictions of DWLS (can only have 2 prior convictions) How do you call out a michigan registration plate? - Correct Answer-- ABC123 A Adam B Boy C Charles 1 2 3 - Repeat but dont use phonetic alphabet How do you read a file and status? - Correct Answer-- Last name - First name - Middle name - Repeat, (First, Middle, Last name) - Ethnicity and Sex - DOB (Repeat the DOB) What are the LEIN "status" respones? - Correct Answer-- Suspended - Restricted - Denied/Revoked - Not valid till re-instatement of fee paid (no valid ops) What are the LEIN file responses? - Correct Answer-- Outstanding warrants - Parole or probation status (it will NOT give specific info, probation officers name, call jail for that type of info) - Operators license status and OPS # - Sex offender registration - Officer Safety Cautions What is NCIC? - Correct Answer-- National Crime Information Center - Same as LEIN, just in contact w/other states, only tell if its a felony warrant, sex offenders, CCH, Deported felons, Terroists hit (dont want to tell them that) What is CPIC? - Correct Answer-- Candian Police Info. Centre - Wanted persons, criminal histories, this can take a long time to get back What is NLETS? - Correct Answer-- International Justice and Public Safety Network - Message switching to 50 states/canada/mexico/interpol - No records stored What is CMIS/OMNI? - Correct Answer-- Corrections Management Info./ Offender Management Network Info. - Probation/parolees - MDOC When it comes to Criminl Justice Information Systems, what are some violations issues? - Correct Answer-- Dissemination to unauthorized agency/party - Unable/unwilling to maintain system integrity - Non-cooperation to resolve non-compliance issues - Accessing LEIN/NCIC for unauthorized reasons - Secuirty/Privacy violations When it comes to CJIS, what are some sanctions? - Correct Answer-- Criminal offense - its a crime Who can use LEIN? - Correct Answer-- Licensed police officers - Form of acting law enforcement - Retired police officers can not use it When can an officer discharge a firearm? - Correct Answer-1) Self defense when the officer has reason to believe there is imminent danger of death or great bodily harm 2) In defense of another when the officer has reason to believe there is immenent danger or great bodily harm 3) To stop certain fleeing felons from escaping (after warning if feasable) 4) On other occasions covered by departmental policy (Shoots injured animals) When is discharging a firearm not permitted? - Correct Answer-1) Mere suspicion that a fleeing subject committed a life threatening felony 2) In non-life threatening felonies and misdemeanor offenses 3) When an arrest may be reasonably and safely affected using less than deadly force What is random patrol? - Correct Answer-- Self-initiated and determined by the patrol officers ability to recognize crime areas - Dependent upon the officers own self-motivation and desire to seek out crime and crush it What is directed patrol? - Correct Answer-- Targeting a specific area that has been designated as a problem area - A problem area is where there has been a high frequency of crimes or distrubances in the area (Drug sales, B&E's, etc) What are the ethical conflicts that may occur between an officer and the organization based on? - Correct Answer-1) Department traditions and customs 2) Influences from peers (FTO, senior officers, first line supervisor, sergeant oversees training) 3) Disparate treatment of rookie officer (Rookie officer more likely to be terminated for unethical behavior) What are the guidelines officers should use discretion? - Correct Answer-- Whether there was a clear violation of the law - Nature of the offense - Relative seriousness of the injury - Degree of intent to commit the offense - Likelihood to commit future offense - Ability to achieve a better solution to the problem What are the positive aspects of the proper use of discretion? - Correct Answer-- Increases the effectiveness of police-community relations - Allows the department to adjust its priorities to community needs - Allows for reasonableness to become part of the criminal justice system What are the negative aspects of the proper use of discretion? - Correct Answer-- Officer may be placed into a position of having to justify not affecting an arrest or issuing a citation - Public perception may be that there is something wrong or the officer is corrupt in handling duties - may result in a lazy officer - May allow unscrupulous officers to use prejudices and bias as criteria for their duty related actions - Could be used as a method of corruption What are the formal sanctions that could result from unethical behavior? - Correct Answer-- Verbal reprimand - Written warning - Suspension - Dismissal - Criminal charges - Civil liability What are the 6 pillars of character? - Correct Answer-1) Trustworthy 2) Respect 3) Civil virtue and citizenship 4) Responsibility 5) Justice and fairness 6) Caring What is A.C.T.? - Correct Answer-A - Identify alternatives C - Protect the consequences T - Tell your story What are the 5 P's of ethical power? - Correct Answer-1) Purpose 2) Pride 3) Patience 4) Persistence 5) Perspective What is stakeholders? - Correct Answer-Person, organization effected by what you do What does a victim need to feel when being victimized? - Correct Answer-- Safe - Express their feelings - Know "what comes next" What are the immediate physical reactions to victimization? - Correct Answer-- Rapid Breathing - Rage - Fixed stare - Loud voice - Headache - Shaking - Nausea What other crimes may affect the victims vulnerability/loss of control? - Correct Answer-- Sexual assault - OWI - related deaths - Death threats - Elder abuse - DV - Hate bias crimes - Homicide - Child abuse How to deliver emergency messages to the family? - Correct Answer-- Delivering the notification in person - Using a volunteer advocate, when available - Being sensitive to the reactions of those receiving the news - Using interpersonal communication techniques - Being aware that certain situations may call for a heighten awareness for officer safety What are the mental stages in a severe crisis? - Correct Answer-- High anxiety or emotional shock - Appointing federal judges - Enforcing laws What is the Judicial branch? - Correct Answer-- Has jurisdiction in the following areas: - Reviews constitutional questions and treaties - Interprets the laws of the united states - Resolves controversies between states What is "ex post facto laws" of the constitution? - Correct Answer-- Notice/fairness - Due process What is "bills of attainer: of the constitution? - Correct Answer-- Person/Group of persons can not be guilty just because they are affilaiated with that group (not illegal to be a member of the democratic party) - Should target a behavior What is "Procedural due process" of the constitution? - Correct Answer-- Examines the procedure required by the government when the government seeks to deprive people of life, liberty, or property - The basic requirements of procedural due process are notice and an opportunity to be heard by an impartial decision maker - Right to know your charges - Examples: - Right to counsel - Right to a jury trial - Right to confrontation - Right against compelled self-incrimination What is "Substantive due process" of the constitution? - Correct Answer-- The government shall not make laws that arent fair, Protection of citizens from arbitrary and unreasonable government action - If a law is challenged, the court looks to whether a right is being infringed upon - If so, does the government have a good reason to infringe upon the right EX.) Yelling fire in a movie theater - Is the law unreasonable or arbitrary - Is the "substance" of the law fair? What is "Equal protection? of the constitution? - Correct Answer-- Under the 14th amendment "no state shall, deny to any person within its jurisdiction the equal protection of the laws" - Means: no person or class of persons shall be denied the same protection of the laws that is enjoyed by other persons or other classes in like circumstances in their lives, liberty, property and in their pursuit of happiness - EX.) Sentencing guidelines remove race, gender, religion, etc What is the major provisions of the state constitution of Article 1, Section 11? - Correct Answer-- The same as the 4th amendment What is the major provisions of the state constitution of Article 1, Section 17? - Correct Answer-- Same as the 5th amendment What is the separation of powers? - Correct Answer-- Legislature - Makes laws (Article 1) - Executive - Carries our and enforces law (executes the laws) (Article 2) - Judicial - Evaluates laws and the enforcement of law (Article 3) What is Article 4? - Correct Answer-- Extradition Defendant can only challenge 3 things in front of the judge in the state he was found in: 1) Are the person names in the warrant 2) Are the charging documents sufficient 3) Whether the fugutive was in the offending state at that time of offense What is Article 5? - Correct Answer-- Amendment of the constitution 2/3 of both houses of congress or 3/4 of the states What is article 6? - Correct Answer-- US constitution is the supreme law of the land - Judges in every state shall be bound by the USSC and constitution, but not other state courts or federal courts EX.) Michigan, must follow its heiracrchy of courts in this state but does not need to follow other state courts or federal courts, but every state must follow the USSC What are the concepts to MCL a felony? - Correct Answer-- Violation of a penal code which a defendant can be impriosned for more than 1 year What are the concepts to MCL a misdemeanor? - Correct Answer-- Violation of a penal code that is punishable by impriosnment (less than a year or 90 days) or a fine that is not a civil fine What is mens rea? - Correct Answer-- Means "guilty mind" to be guilty of most crimes, defendant must have committed the act in a certain mental state, and there are 2 types 1) Specific intent 2) General intent EX.) Thinking of committing a crime What is Specific intent from mens rea? - Correct Answer-- Prosecution must prove not only that the defendant did certain acts, but also he/she did the acts with the intent to cause a particular result - Example: larceny requires the prosecutor to prove that the defendant had the specific intent to permanently deprive the owner of the proerty - The defendants intent may be proved by what he/she said, what he/she did, how he/she did it or by any other acts and circumstances in evidence What is General intent from mens rea? - Correct Answer-- This is defined as the intent to do an act that the law prohibits - It is not necessary for the prosecution to prove that the defendant intended the precise harm or the precise result that occurred What is Actus reaus? - Correct Answer-- Means "guilty act" - This is the wrongful deed that renders the actor criminally liable if combined with the "mens rea" - Example: For larceny, it would be the taking of property What is lesser included crimes? - Correct Answer-- If a crime consists of different degrees, the fact finder may find the accusses not guilty of the offense in the degree charges, but may find the accuesed person guilty of a lesser included offense or of an attempt to commit that offense - When defendnat did this he knew the other person committed the crime - Defendant helped that person avoid discovery, arrest, trial or punishment What is Assault? and the penalty - Correct Answer-- Attempted to commit a battery or did an illegal act that cause victim to fear immediate battery - Intent to commit a battery or fear an immediate battery - Had the apparent present ability to commit battery Apparent present - Say it over the phone, that person doesnt have the apparent present to commit that crime (im going to break your nose), if that person says it in person, that person does have the ability to do it and should be scared - 93 day misdemeanor What is Assault and battery? and the penalty - Correct Answer-- Committed battery (forceful, violent or offensive touching of another or something closely connected with the person (knocking the hat off someshead)) - Touching must have been intended and with the intent to commit a battery - No injury required - 93 day misdemeanor What is Domestic Violence? and its penalty - Correct Answer-- Assault or Assault and battery - Domestic relationship must have been 1 of 4 of the following: 1) Spouse or former spouse 2) Child in common 3) Resident or former resident of same househould 4) Dating relationship 1st offense is - 93 day misdemeanor 2nd offense is - 1 year misdemeanor 3rd offense is - 5 year felony What is aggravated assault? and its penalty - Correct Answer-- Defendant tried to physically injure another - Intent to injure - Assault caused serious or aggravated injury (requires immediate medical attention) - 1 year misdemeanor What is Felonious Assault (ADW)? and its penalty - Correct Answer-- All the same as assault or assault and batter - Did it with a dangerous weapon (any object capable of causing death or serious physical injury, no injury or touching required) - 4 year felony What is Assault with the intent to commit Great Bodily Harm? and its penalty - Correct Answer-- Tried to physically injure another - Had the ability to cause injury - Intended to cause great bodily harm - No actual injury necessary EX.) Person swing and miss w/bat to the head - 10 year felony What is Assault with the intent to commit murder? and the penalty - Correct Answer-- Tried to physically injure another - Had ability to cause injury - Intent to kill - No injury necessary EX.) Inmate escapes, gets CO's gun, points it at the victims chest and gun doesnt go off, you have this charge - Life offense What is the difference between Assault w/ intent to cause GBH and Assauly w/intent to commit murder? - Correct Answer-- Is fact issue For Child Abuse, what do you need? - Correct Answer-- Parent or guardian of the child or - Person who had authority, custody or control over the child What is Child Abuse 4th degree? and its penalty - Correct Answer-- Unreasonable risk of harm (no injury required) (EX. letting his kid play with a gun) - Omission and injury to child (EX. didnt watch child) - Willfully failed to provide care - 1 year misdemeanor What is Child Abuse 3rd degree? and its penalty - Correct Answer-- Unreasonable risk of harm and the child was physcially injured (Playing w/gun and gets hurt) - Intentionally caused physical harm - 2 year felony What is Child Abuse 2nd degree? and its penalty - Correct Answer-- Reckless act causing serious physical harm - Knowing or intentional act that was cruel - Failure to provide care causing serious harm * If you see cruel, it is automatically this charge - 4 year felony What is Child Abuse 1st degree? and its penalty - Correct Answer-- Intentionally causes serious physical or mental harm - Also need injury - 15 year felony What is the dividing line between Child Abuse 3/4 and 1/2 - Correct Answer-- Is "serious" What is Stalking? and its penalty - Correct Answer-- 2 or more willful, separate acts that caused emotional distress and would cause emotional distress, E.D.: terrorized, threatened, frightened - 1 year misdemeanor - Not completed - Life felony What is Assault with intent to rob - Unarmed? and its peanlty - Correct Answer-- Assault - Intent to commit robbery - Not armed with a dangerous weapon - 15 year felony What is the difference between Armed/Unarmed Robbery and Assault w/intent to rob - Armed/Unarmed? - Correct Answer-- For MCOLES the case was completed for Armed/Unarmed Robbery - The other is just uncompleted robberies, police intervene to stop the crime (Now though, the law has changed and in Armed/Unarmed Robbery now has attempts in the elements) What is Carjacking? and its penalty - Correct Answer-- Steals or takes a vehicle from another person or in the presence of that person - Did so by force or violence (Person was in the car or near the car) - Life Offense What is Extortion? and its penalty - Correct Answer-- Threat to injure victim or immediate family - Intent to get money or make the person threatened do or not do something against their will - 20 year felony What is Extortion accusation of a crime? and its penalty - Correct Answer-- Threat to accuse someone of a crime - Intent to get money or have person do or not do something against their will - 20 year felony What is Kidnapping? and its penalty - Correct Answer-- Person commits the crime if he/she knowingly restrains another person with intent to do one or more of the following: 1) Hold that person for ransom or reward 2) Use that person as a shield or hostage 3) Engage in criminal sexual penetration or CSC with that person 4) Take that person outside of this state 5) Hold that person in involuntary servitude - Life felony What is definition of Restrain? - Correct Answer-- Restrict a persons movement or to convince the person so as to interfere with that persons liberty without that persons consent or without legal authority What is Unlawful Imprisonment? and its penalty - Correct Answer-- Person commits the crime if he/she knowingly restrains another by any of the following circumstances: 1) Person is restrained by means of a weapon or dangerous instrument OR 2) Restrained person was secretly confined OR 3) The person was restrained to facilitate the commission of another felony or to facilitate flight after commission of another felony - 15 year felony What is Child Kidnapping Enticement? and its penalty - Correct Answer-- Person shall not maliciously, forcibly or fraudulently lead, take, carry away, decoy, or entice away any child under the age of 14 (13 and under, if 14 or older you don't have this) with intent to detain or conceal from that Childs parents, guardian or person having lawful custody of said child - Life felony What is parental Kidnapping? and its penalty - Correct Answer-- Taking or keeping a child by a parent for more than 24 hours from custodial parent in violation of a court order for more than 24 hours - Intent to detain or conceal the child from the custodial parent who has valid court order of custody - 1 year and a day felony What is CSC 1st degree? and its penalty - Correct Answer-- Sexual Penetration - Victim was 12 or younger or - Over 13 under 16 plus, defendant was relative, coerced by authority figure, members of same household, teacher, During commission of felony, a weapon, knew victim was helpless, mentally unstable, injury - Life felony What is CSC 2nd degree? and its penalty - Correct Answer-- Intentional contact - Victim was 12 or younger or - Over 13 under 16, victim was prisoner plus, defendant was relative, coerced by authority figure, members of same household, teacher, During commission of felony, a weapon, knew victim was helpless, mentally unstable, injury, Department of corrections and jail employees - 15 year felony What is CSC 3rd degree? and its penalty - Correct Answer-- Sexual penetration - Victim was 13 or under 16 or - physically helpless, mentally incapacitated, foster care, related, force or -Victim was 16 under 18 and defendant was teacher or administrator - 15 year felony What is CSC 4th degree? and its penalty - Correct Answer-- Sexual contact plus - victim was 13 under 16 a defendant was 5 years older than victim or - Force, physically helpless, mentally incapable or - Victim was 16 under 18 defendant was a teacher - 2 year misdemeanor What is Assault with intent to Commit CSC? and its penalty - Correct Answer-- Assault w/ intent to commit sexual penetration - 10 year felony - Assault w/ intent to commit sexual contact - 5 year felony - It was just interrupted - 2 year felony - EX. practical application in DV What is Statute of Limitations? - Correct Answer-- Most crimes are 6 years - No SOL on murder, CSC 1 - Exceptions for CSC 2, 3, 4, AWICSC and child sexually abusive activity 10 years or up to victims 21st birthday whichever is later - If DNA from unidentified defendant, no SOL, if identified, 10 years or 21st birthday - Extortion, kidnapping, AWIM, manslaughter, conspiracy murder, 1st degree home invasion, 10 years - Any time defendant out of state not counted (Tolling- worried about charges and moves) What is Indecent Exposure? and what its penalty - Correct Answer-- Exposed prohibited body part - Knew body part was being exposed - Did it in a place where a reasonable person could see the act - 1 year misdemeanor What is Indecent exposure, aggravated? and its penalty - Correct Answer-- Exposed prohibited body part - Knew body part was being exposed - Did it in a place where a reasonable person could see the act - Was fondling the genitals - 2 year misdemeanor What is Gross indecency? and its penalty - Correct Answer-- Engaged in sexual act (Sex, oral sex, masturbating) - Committed in a public place - 5 year felony What is injury to fetus or embryo? and its penalty - Correct Answer-- Intentionally caused a miscarriage or stillbirth - Felony What is contributing to delinquency of a minor? and its penalty - Correct Answer-- Someone shall by any act, word, encourage, child under 17 to become neglected or delinquent to come under the jurisdiction of the family division of circuit court - EX. defendant was convicted under this for inducing a minor to runaway from home through promises of a place to stay and aiding and abetting her in the process - 90 day misdemeanor What is difference between between Admission and Confession? - Correct Answer-- A partial admittance to criminal involvement - Complete admittance to criminal involvement What is Voluntariness to be decided based upon totality of the circumstances? - Correct Answer-- Statement given without compelling influences What is "custody"? - Correct Answer-- The person is under arrest - The persons freedom has been deprived in any significant way. The deciding factor will be whether the defendant felt that he was free to leave "Arises when a person has been deprived of his freedom of action in a meaningful way. People v. Belanger" What is interrogation? - Correct Answer-- Any words or action on the part of the police, that the police should know are reasonably likely to elicit an incrimininating response from the suspect Rhode Island v. Innis - Example: Defendant was arrested for the connection of killing a 10 year old girl, the police new he was very religious, and the police inticed him to get him to give the location of the body of the girl, the court held that this was an interrogation What is the "delay in arraignment"? - Correct Answer-- Where the purpose in delaying a suspects arraignment is to obtain a confession, the confession will be suppressed What is the Privileged Communications? - Correct Answer-- Certain confidential communications are considered privileged and cannot be used against a person - Only the holder can waive the privilege - The purpose of maintaining privileged communication is to encourage parties under certain circumstances to have open communication without concern of reprisal What is the issues facing the implementation of constitutional aspects of confessions and admissions as found in Brown v Mississippi? - Correct Answer-- A confession was inadmissible when it was obtained by the whipping and hanging of a defendant What are the rules to determine when Miranda warnings need to be given? - Correct Answer-- Not requiring Miranda warnings: General questions to determine if crime has been committed What is the Public Safety Exception? - Correct Answer-- Court held that where spontaneous questioning of a suspect results in the gaining of evidence against the defendant, the evidence will be admissible if the unwarned interrogation was done to protect the public from imminent harm (New York v Quarles) How is an arrest made legal? - Correct Answer-1) Made relying on an arrest 2) Reasonably believed crime was committed in his presence 3) Made by an officer how had reasonable cause to believe that the crime was committed by the defendant What are the elements to a Valid Arrest? - Correct Answer-1) Authority 2) Intent 3) Force 4) Custody 5) Submission What are the circumstances in which an officer may arrest without a warrant? - Correct Answer-- Felony/ Misdemeanor or ordinance violation committed in the officers presence - Felony not committed in officers presence - Felony was committed and the officer has reasonable cause to believe the person committed it - Probable cause to believe felony was committed and probable cause to believe the person committed it - Officer has probable cause to believe a misdemeanor more than 92 days in jail - Ceases the search if the consent is withdrawn - Maintains control of the location if consent for search is withdrawn, but PC exists to justify seeking a warrant - Documents all articles seized in search What are the 2 ways a Police Officer may enter the scene while responding to a DV complaint without a warrant? - Correct Answer-1) Consent: 2) Exigent Circumstances What is a PPO? - Correct Answer-- Personal Protection Order, it is a court order issued by the circuit court prohibiting certain conduct What is the violation of a PPO? - Correct Answer-- A criminal or civil contempt of court punishable by imprisonment of up to 93 days and/or a $500 fine What is the only way a person can obtain a domestic relationship PPO? - Correct Answer-- The person seeking the PPO, is if only there is a domestic relationship between the petitioner and the person restrained or enjoined - Spouse or former spouse - Reside or resided together in the same household - Has had a child in common - Has or has had a dating relationship How will the PPO be recognized? - Correct Answer-- The existence of a domestic relationship will be determined by the court before the court issues the PPO What is the court procedures from the circuit court in issuing a non - domestic PPO? - Correct Answer-- Stalking PPO if the court determines that the respondent has engaged in stalking or - State immediately in writing the specific reasons before a PPO can be issued What are the 10 exceptions to a Search Warrant? - Correct Answer-- Border - Emergency - Administrative - Consent - Hot Pursuit - Plain View - Inventory - Search Incident to Arrest - Stop and Frisk What is a Border Exception to a search warrant and who can conduct a Border search? - Correct Answer-Searches of people and their property at the borders are Per Se reasonable, meaniing, they typically do not require a warrant, probable cause, or reasonable suspicion (Almida - Sanchez VS. US) ICE, Border Patrol, US Coast Guard, etc What is an Emergency Exception to a search warrant? - Correct Answer-The police have P.C., based on specific, articulable facts, to believe immediate entry is necessary to assist a person who may be in a serious need for medical aid, they may enter w/out a warrant. Entry must be limited to justification therefor, and the officer may not do more than is reasonably necessary to determine whether a person is in need of assistance and to provide that assistance (People VS. Ohlinger) What is a Consent Exception to a search warrant? - Correct Answer-KEY: Voluntarily given by a proper party TEST: Totality of Circumstances Police may conduct a search w/out a warrant or P.C. if they receive consent from the subject of the search to do so. the only requirement is the consent must be voluntarily made w/out threat or compulsion. Voluntariness is based on the totality of the circumstances. There is no requirement to inform the subject of their right to refuse ( Schneckloth VS. Bustamonte) What is the Hot Pursuit Exception to a search warrant? - Correct Answer-Elements: 1) Pursuit of a fleeing felon 2) Exigent circumstances requiring immediate arrest What is the Plain View Exception to a search warrant? (the elements) - Correct Answer- Elements: 1) Police are lawfully in an area protected by the 4th amendment 2) While in the protected area, they locate items that they have probable cause to believe are contraband or evidence 3) The fact that the items may be contraband or evidence must be readily apparant to the officer What is Inventory Exception to a search warrant? - Correct Answer-Vehicles: Inventory of a vehicle must be reasonable and completed in compliance w/ departmental policy Car was parked in a tow away zone and impounded. During an inventory of the car, officers located marijuana in the glove compartment, court held that routine inventory searches of automobiles lawfully impounded by the police are reasonable (South Dakota VS. Opperman) What is Stop and Frisk Exception to a search warrant? - Correct Answer-- R.S. believe a crime is afoot and that a person is involved allows police to STOP that person - R.S. believe person is armed and dangerous allows police to conduct a pat down or FRISK of that person to ensure the safety of the officer, subject, and third parties during the encounter * Cant just pat-down for officer safety * Stop must be no longer than is necessary to extinguish their suspicious or build up to P.C. What is Search Incident to a lawful arrest Exception to a search warrant? (elements and rationales) - Correct Answer-Elements: 1) Lawful, custodial arrest 2) Search is for weapons and evidence located w/in reach of the arrestee 3) Search must occur contemporaneously w/arrest Rationales for the search incident arrest exception: - Need to disarm suspect in order to take suspect into custody - Need to preserve evidence for later use at trial What are the 2 rules police can conduct a vehicle search incident to the arrest of an occupant when either of the 2 circumstances exists? - Correct Answer-1) Officers may search if the arrestee is w/in reach of passenger compartment. When the arrestee has been secured in a patrol car, he/she is not w/in reach of the vehicle What is the definition of Trespass and is ita misdemeanor or felony? - Correct Answer-A person shall not enter the lands or premises of another without lawful authority after having been forbidden to do so by the owner or occupant or the agent of the owner or occupant 30 - day misdemeanor What are the 3 elements to trespass? - Correct Answer-1) Defendant willfully entered upon 2) Land of another, and 3) Had been forbidden to do so Enter or remain without lawful authority on fenced or posted farm property of another person without consent, and is it a misdemeanor or felony? - Correct Answer-- A request to leave the premises is not necessary element of this subdivision 30 - day misdemeanor What are the 5 elements to Recreational tresspass of non farm property? - Correct Answer-1) defendant entered or remained, 2) on someone elses property that is not farm property or woods connected to farm property, 3) to engage in recrational or trapping activities, 4) without the owners consent, and 5) property is either of the following: a) fenced or enclosed and is maintained to keep out intruders b) posted in a conspicuos manner against entry What is the definition of Inchoate Offenses? - Correct Answer-- Are incomplete crimes - Attempt, conspiracy and solicitation are the crimes typically considered inchiafe offense What is the definition of Conspiracy? - Correct Answer-- Anyone who knowingly agrees with someone else to commit a crime What are the 2 elements to Conspiracy? - Correct Answer-1) defendant and one or more persons knowingly agreed to commit a crime 2) defendant specifically intended to commit or help commit that crime What are the 3 elements to Solicitation to commit a felony? - Correct Answer-1) defendant, through words or actions, offered, promised or gave money, services or anything of value or forgave or promised to forgive a debt or obligation owed to another person 2) defendant intended thag wbat he or she said or did would cause the felony to be committed Example - hey can you go kill my wife and ill give you something of value What are the elements to 1st degree arson and penalty? - Correct Answer-1) willfully and maliciously, burned, damaged by fire or explosion 2) was a multi-unit (hotel/aprtment building), there was an injury, a mine Life in prison What are the elements to 2nd degree arson and Penalty? - Correct Answer-1) willfully and maliciously, burned, damaged by fire or explosion 2) defendant destroyed a dwelling of contents (home) A 20 year felony What are the elements of 3rd degree arson and what is the penalty? - Correct Answer- 1) willfully and maliciously, burned, damaged by fire or explosion 2) was a building or contents or personal property $20,000 or more 10 year felony What are the elements to 4th degree arson and it's penalty? - Correct Answer-1) willfully and maliciously, burned, damaged by fire or explosion 2) destroyed lersonal property, worth of $1,000 or more but less then $20,000 3) sets fire to the woods or grounds of another 5 year felony What are the elements to 5th degree arson? And what is the punishment? - Correct Answer-1) willfully and maliciously, burned, damaged by fire or explosion 2) the property had a fair market value of $1,000 or less 3) defendant has one or more prior convictions Misdemeanor What is Arson of insured property? - Correct Answer-Esentially with the intent to defraud the insurer What is MDOP personal property? - Correct Answer-1) person who willfully and maliciously destroys the personal property of another Goes by the fair market value, what ever they price it at is what they go by What is MDOP of building (real property) - Correct Answer-1) destroyed or damaged part of a building What is MDOP police or fire property? - Correct Answer-1) destroyed the personal property of the department (cruiser, your flashlight, etc.) Has to do so maliciously What is Breaking and Entering? and what is the penality? - Correct Answer-- Is breaking into any building not a home, - used any force to break into the house - When the defendant broke in, intended to commit a larceny or felony - a 10 year felony What is Entering without breaking? and what is the penality? - Correct Answer-- When into the house with no force at all, (Door was already open, window was open) - a 5 year felony What are the elements to Home invasion 1st degree? and what is the penelty? - Correct Answer-- B & E or enter w/out permission of a dwelling - intended to commit a felony, larceny, or assault in a dwelling or leaving a dwelling - a weapon was present or a person was lawfully present 20 year felony What is larceny by conversion? - Correct Answer-- There's some sort of relationship of trust between defendant and victim - Person works for that business, there's a relationship of trust (a financial advisor, or a valet driver) What is embezzlement? - Correct Answer-- An employee stealing from an employee, there is a relationship between the two What is NSF? And what is the penalty? - Correct Answer-- Defendant did not have sufficent finds for the payment of the check 500 or more - felony 3 within 10 days - felony 500 or less - misdemeanor What is No account check? and what is the penalty? - Correct Answer-- While having no account in or credit with said bank 2 year Felony What is Forgery? And what is the penalty? - Correct Answer-- Defendant falsely made/altered or forged the document (You signed someone elses' name, makes it appear what it is not) 14 year felony What is Uttering and Publishing? And what is the penalty? - Correct Answer-- Defendant represented that the document was genuine (U & P is the passing of a forged check) 14 year penalty What is defrauding an Innkeeper? and what is the penalty? - Correct Answer-- Without paying intent to defraud the keeper out of the pay (Put up at a certain hotel, restaurant, and not paying the check/bill) 90 day misdemeanor What is FTD? and what is the penalty? - Correct Answer-- Credit card/debit card/gift card (Bridge card) What is stealing of a FTD? and what is the penalty - Correct Answer-- Defendant steals a FTD 4 year felony What is possession of an FTD? and what is the penalty - Correct Answer-- Defendant didn't steal it but is in possession of someone else's card without consent of the holder 4 year felony What is forgery/ Altercation of FTD? and what is the penalty - Correct Answer-- (magnetic strip doesn't match the name or account number on the front) 4 year felony What is possession of fraudulant/ altercation FTD? and what is the penalty - Correct Answer-- Cannot prove that the defendant actually altered the card but they are in possession of a fake FTD 4 year felony What is Gambling? - Correct Answer-- You cant gamble on your own, you need to gamble with the government so they can get a part of the money 1 year misdemeanor What B & E of a MV w/damage? and what is the penelty? - Correct Answer-- Defendant caused damage to the vehicle of the theft: - breaks, tears, cuts or otherwise damages any part of the motor vehicle 5 year felony What is retail fraud first degree? And what is the penalty? - Correct Answer-- While the store is open Defendant: steals, misrepresents the price, the item is for sale $1000 or more felony What is retail fraud second degree? And what is the penalty? - Correct Answer-- While the store is open Defendant: steals, misrepresents the price, the item is for sale $200-$999 - misdemeanor What is retail fraud third degree? And what is the penalty? - Correct Answer-- While the store is open Defendant: steals, misrepresents the price, the item is for sale $200 or less - misdemeanor What is the difference between retail fraud and larceny? - Correct Answer-- For retail fraud, the item has to be for sale and the store has to be open - Larceny, the building can be closed What is the difference between civil law and criminal law? - Correct Answer-- Civil law is adjudication of disputes among private parties and is more of a truth seeking process - Criminal law is controlled by fundamental interests derived from the constitution and the bill of rights What is the definiton of discovery? - Correct Answer-- A pretrial method used to obtain facts and information about the case from the other party What is interrogatores and their purposes? - Correct Answer-- Written questions submitted to a party, who is to answer them as part of discovery under oath and signs a sworn statement the answers are true. Interrogatories can only be required from a party of an action. Answers or objections to interrogatories must be returned within 28 days of receiving them or within 42 days if served with the complaint What is summons? And what does it contain? - Correct Answer-- A writing used to notify a person of an action that was commenced against him or her. Upon a complaint being filed, the court clerk issues a summons. Contains: - Lists the name and address of the court with jurisdiction - Discloses the allegations within the complaint - Reveals the names and address of the parties - Gives notice of the time in which the defendant is required to respond - Gives notice that if the respondent fails to answer the complaint within the time allowed, judgement may be entered agains him or her What is service of process? - Correct Answer-Process in civil actions may be served by any legally competent adult who is not a party or an office of a corporate party What is the jurisdiction circut court within Michigan? - Correct Answer-- Civil suits in excess of $25,000 4) Supreme Court What are the elements to negligence? - Correct Answer-1) Duty 2) Breach of duty 3) Causation of harm or injury 4) Harm or injury What is a tort? - Correct Answer-- A civil wrong What are the civil rights under USC 1983 - Correct Answer- What is the definition of arrest? - Correct Answer-- The taking, seizing or detaining an another person by either touching or putting hands on that person, or by ny act that indicates an intention to take him/her into custody nd subjects the person arrested to the actual control and will of the person making the arrest and must be so understood by the person arrested What are the elements to arrest? - Correct Answer-1) Authority 2) Intent 3) Force 4) Custody 5) Submission All Inmates Find Cell Sex What are the circumstances in which an officer may accept an interim bond? - Correct Answer-- If a magistrate is not available or an immediate trial cannont be held, it should be the sum of the money, determined by the officer who accepts it What are the 3 levels of contacts between police and citizens? - Correct Answer-1) Informational/voluntary 2) Investigatory detention (officer has R.S. that a crime is afoot 3) Arrest (officer has P.C.) What is the difference between a criminal act and an offense committed by a juvenile? - Correct Answer- What is the difference between a deliquent act and a status offense? - Correct Answer-- A criminal act - A crime that only pertains to juveniles What is the difference between the adult process of trial and the juvenile process of adjudication? - Correct Answer- What is the difference between a warrant and a pick up order? - Correct Answer- What is the difference between sentencing and disposition? - Correct Answer- What is the difference between arrest/apprehension and taking into custody? - Correct Answer- What are some things that are a status offense? - Correct Answer-- Running away - Truancy - incorrigibility (acting out at home or school, not following the rules) - Curfew violations - Alcohol violations When intervewing a juvenile what should you do? - Correct Answer-- Keep the parents in the loop What is the 6 hour rule? - Correct Answer-- Federal law mandates that you may not keep a youth in processing longer than 6 hours - If you cant get ahold of the parents you get ahold of the next closest family member What is the difference between a petition and a warrrant? - Correct Answer-- Determines where a child resides - Arrest someone When can a police officer take a juvenile into custody? - Correct Answer-- Found violating any criminal law or criminal ordinance - Violating or has violated a PPO What are some types of evidence? - Correct Answer-- Direct - Circumstantial - Real - Testimonial - Demonstrative - Admissibility vs. Credibility What is the presumption of evidence? - Correct Answer-- Presumed for all criminal defendants - Continue thorugh trial What is beyond a resonable doubt? - Correct Answer-- Burden of proof for all criminal cases - Lower standards in other cases What is the chain of custody? - Correct Answer-- Establishes integrity of evidence - Goes to weight of evidence, not admissibility ( How much the jury puts on certain items) - (First person comes into contact, and documents who has the evidence next) What is the exclusionary Rule? - Correct Answer-- Excludes evidence obtained unconstitutionally - All federal and state courts - Purpose is to deter illegal police tactics What is the good faith exception to the exclusionary rule? - Correct Answer-- Police act in good faith, only technical error - Valid exception in michigan What is fruit of the posionous tree? - Correct Answer-- Also excludes derivative evidence of above ( Excludes secondary evidece) - Statements of defendants not hearsay - Another reason for good police reports What are the exceptions to hearsay? - Correct Answer-- Present sense impression - Excited utterance - Then-existing condition - Recorded recollection - Buisness records - Public records What is the Best evidence rule? - Correct Answer-- May not testify about what is in a "writing" - Need to produce "writing" as the best evidence - Includes photos, X-rays, anything else recorded - May use duplicate unless question of accuracy What is cruelty to Animals? and the penalty? - Correct Answer-- A person who has charge or custody of an animal shall not: - Abandon, beat, cruelly drive, or work - 1 animal is a 93 day misdemeanor What is Food- placing harmful objects? and the penalty? - Correct Answer-- Person who puts harmful objects or substances in any food w/intent to harm consumer of the food - 10 year felony What is False police report? and its penalty? - Correct Answer-- Person who intentionally makes or causes (cause the police to respond) a false report of a crime or medical emergency to a police officer/911 dispatch - Reporting a misdemanor crime is a misdemeanor - Reporting a felony is a felony (Type of crime being reported is the punishment) What is killing/torturing animals? and the penalty? - Correct Answer-- A person shall not knowingly, kill/torture/mutilate/maim or disfigure an animal - Commit a reckless act - 4 year felony What is animal fighting? and what penalty is it? - Correct Answer-- Shall not knowingly own, possess, use, buy, sell, offer to buy or sell, be a party to or cause the fighting of an animal - 4 year felony What is service animal? and the penalty? - Correct Answer-- Shall not willfully, maliciously interfere with, impede or interfere with duties performed by a dog (blind dog) - The dog shall be in service - 90 day misdemeanor What is disorderly person? and its penalty? - Correct Answer-- Person with sufficient ability who refuses to or neglects to support his or her family - Prostitute - Window peeper - Person intoxicated in a public place - 90 day misdemeanor What is Indecent Exposure? and its penalty? - Correct Answer-- Defendant knowingly exposed a prohibited body part (genitals) - 1 year misdemeanor What is wreckers or tow truck companey? - Correct Answer-- A person who removes a vehicle that is wrecked or damaged in an accident on a highway, road, or street shall remove all glass and otehr injurious substances dropped How many people do you need for a riot? and the penalty? - Correct Answer-- 5 or more people, acting in concert - 10 year felony How many people do you need for an unlawful assembly? and the penalty? - Correct Answer-- 4 or more persons, purpose of engaging in conduct constituting - 5 year felony How many people do you need for riot in correctional facility? - Correct Answer-- 3 or more person What is the difference between adulterated food and poisoning food? - Correct Answer-- You place and object in the food - You place a liquid in the food What is R and O? and its penalty? - Correct Answer-- Person assaulted, battered, wounded, obstructed an officer or other authorized person who was performing his or her duties - Felony When does right to counsel attach in a corpreal lineup? - Correct Answer-- Only conducted at or after the initation of adversarial judicial proceedings When does no violation of 5th amendment right against self incrimination in a corpreal lineup? - Correct Answer-- An in-custody suspect does not have a 5th amendment right against self-incrimination to allow him to stand in a lineup. (If an in-custody suspect refuses to cooperate with a lineup, this can be used at trial to show knowledge of guilt) What are the burden with and without counsel present in copreal linneup? - Correct Answer-- With cousel- then the defendant has the burden at trial of supporing any claim that the lineup was unfair or improper - Without counsel - the burden falls on the officer What are the proper composition of subjects in corporeal lineup? - Correct Answer-- Need to locate persons who have the same general physical characteristics as the subject being investigated What is the ability to compel speech, gestures, etc in corporeal lineup? - Correct Answer-- Refrain from any type of verbal or non verbal suggestive behavior When does right to counsel attach in a Photo lineup? - Correct Answer-- Only conducted at or after the initation of adversarial judicial proceedings - Marks and tags the statements as evidence - References the witnesses statement in the offense report What is the roll of the judge? - Correct Answer-- Issues search/arrest warrants - Legal rulings - Fact finders in bench trials only - Preside over all trials What are the basic steps for an effective and meaningful report writing process, includes what? - Correct Answer-- Gathering information - Recording information - Organizing information - Writing the report - Reviewing the report What is the roll of the jury? - Correct Answer-- The fact finder What are the 2 types of written reports? - Correct Answer-1) Administrative: Address internal functions of the department - Document of grievance - Ongoing IA investigations - Citizen complaints 2) Operational: - Criminal offenses - Arrests - Traffic crashes What is the role of the defense attorney? - Correct Answer-- Safeguards the guaranteed rights of the accused or defender of the accused Why should one review their field notes thoroughly? - Correct Answer-1) Additional info is needed 2) Clarifying questions are necessary 3) All relevenat desrciptions are included 4) Notes are organized properly 5) Notes contain facts only, w/no officer opinions What is the role of the district court magistrate? - Correct Answer-- Hears informal civil infraction hearings - May issue search warrants - Sets bail and accepts bond in all cases - Issues warrants for arrest - Arraigns and sentences for limited violations upon pleas of guilty and nolo contendere What is the impact of prejudice on behavior? - Correct Answer-1) Not inherently harmfu 2) Creating harm when acted upon through: a) difference in treatment b) hurtful or demeaning language c) physical evidence d) infringement on civil liberties What is the definition of jurisdiction? - Correct Answer-- The types of cases a court has the power to hear Define prejudice as what? - Correct Answer-As an opinion or judgment: 1) Based upon info supplied through stereotyping 2) Preconceived and strongly held 3) Usually adverse, emotionally charged, and highly resistant to change What is the definition of venue? - Correct Answer-- The geographic areas a court may preside over (Wayne County circut court) What are the organizational benefits of cultural competence? - Correct Answer-1) Creating a professional atmosphere for the department 2) Reducingcitizen complaints and enhancing agency reputation 3) Strenghening the department through greater community searched 4) Greatly reducing the 'us bs them" attitude 5) Enhancing community policing efforts What is the definition of information and belief? - Correct Answer-- The belief something is true but is not based on first hand knowledge What are the professional benefits of cultural competence as helping the officer? - Correct Answer-1) Be more effective in performing duties 2) Improve interpersonal communication 3) Strenghthen relationships w/in community 4) Demonstrate professional 5) Enhancing officer and citizen by creating a safer environment In what ways may the "Police Culture" may negatively affect community relations? - Correct Answer-1) Cultural preferance and low tolerance for diversity 2) Thnocentrism 3) Stereotyping and prejudice 4) Racism 5) Xenophobia 6) Defensive posture or attitude and the "us vs them" mentality What is the definition of complaint and warrant for arrest? - Correct Answer-- Complaint - consists of the essential facts constituting the offense charged - Warrrant - issued upon reasonable grounds to believe an offense has occured What is law enforcements sub - culture within society that what? - Correct Answer-1) Shares in the overall culture of the soceity 2) Holds distinctive characteristics that may be separate from society 3) Involves shared values: - Officer safety and loyality - Courage, integrity and honesty - Suspicion of others Beginning in 1981 all vehicles in the US have how many characters in a VIN? - Correct Answer-17 Beginning in 1990, GM products exhibit a public VIN with a what? - Correct Answer-Bar coded, machine scannable VIN There are how many possible locations for VIN's? - Correct Answer-25 Every car for sale after 1969, must have the VIN located where? - Correct Answer- Dashboard/Winshield frame There are how many vehcile components which must be marked in "high theft" car lines? - Correct Answer-14 A vehicle may be impounded for __________ even if officer is not able to immediately determine whether the vehicle is _______? - Correct Answer-Identification purposes and In fact stolen New York v Class also cited an officer can doo what to get the VIN number? - Correct Answer-Reach in and move papers/objects obscuring the VIN plate in the window The legal basis for a vehicle stop is what? - Correct Answer-Reasonable Suspicion If you run the license on a vehicle and it does not come back on the vehicle you are looking at what? - Correct Answer-Improper registration plates and expired registration plates What are some places you want to check for additional information on the origin of the vehicle? (FSPP) - Correct Answer-Federal Safety Inspection Sticker Seat belt labels Paint labels on the trunk lid Part markings on "high theft" car lines What are the 4 things to inspect for VIN? - Correct Answer-1) Where to locate VIN by checking national Auto Theft Bureau 2) Checks VIN to determine it corresponds to the vehicle by comparing it to the registration certificate 3) Inspects VIN plate to ensure the plate is properly secured 4) Determines if the VIN is a proper number What are some indicators of a stolen motor vehicle? - Correct Answer-1) Wired or/loose plates 2) Signs of forced entry 3) Clean license plate/dirty vehicle 4) Punched trunk lock or pulled ignition 5) Vehicle is hot wired 6) Vehicle matches wanted information Where should federal inspection sticker on the drivers door or door jam be? - Correct Answer-Should be on all american made autos. truck and motorcycles from 1970 to present What is one thing you dont do when it comes to paperwork being handed to you? - Correct Answer-Never refuse paperwork from a person who offers to show you What are 2 ways to determine whether vehicle is an unreported stoeln vehicle based on continuing suspicion that operator is not lawful possession of vehicle? - Correct Answer- 1) Has radio operator attempt to phone registered owner to verify that operator has permission to operate vehicle 2) Has patrol unit sent to owners address when phone contact cant be made Ways to conduct initial checks on the vehicle in question? - Correct Answer-1) Requests LEIN check 2) Checks hot sheet 3) Review briefing material What is people v andrews? - Correct Answer-Need not to be proven that the defendant actually took the car from the owner What is people v helder? - Correct Answer-A car that was stolen for 15.5 hours Even if the VIN and registration match, the vehicle can be impounded for what? - Correct Answer-If the VIN plate appears to have been altered What are the 2 things to explain to the victim of the procedures of prosecution? - Correct Answer-1) Telling victim that prosecution is voluntary 2) Referring victim to proper authority (Prosecutor, police investigator, city attorney) What are the steps to direct other officers at a scene of action? - Correct Answer-- Assumes responsibilitity to direct activities as the 1st officer at scene until properly relieved by command or supervisor - Explains circumstances of situtation to officer(s) - Directs assisting officers to perform specific assistance - Communnicating w/assisting officers at scene using, radio, visul or verbal means What to do in regards to searches, to a "crime in progress"? - Correct Answer-- Searches scene from perimeter before entering a building or protected area - Then systematically searches interior scene for suspect(s) and evidence of a crime How do you write a report with witness statements? - Correct Answer-- Writes report about events that occurred based on witness statements and other information known about event What are 5 things to locate witnesses to a crime using various methods? - Correct Answer-1) Detains individuals in the immediate crime scene area 2) Photographs large crowds at a scene 3) Canvasses the crime scene area 4) Interviews police informants or initial witnesses to a crime 5) Appeals for witnesses through the media What do you advise the victim of a reported crime w/in 24 hours? - Correct Answer-1) Availability of emergency and medical services 2) Availability of victims compensation benefits and the compenssation boards address 3) The address and phone number of prosecuting attorney 4) Required statement regarding information on the status of case * Also addvise victim of their rights regarding any property taken during course of investigation