The Fourth Amendment and Law Enforcement Practices, Exams of Law

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Explain the relationship between a SPO and a test question ✔✔A test question must respond directly to an SPO and every SPO may be the basis of a test question Explain the ultimate reason for law enforcement training ✔✔To be able to protect the life and property of yourself and the public List a peace officer's main goals ✔✔- Enforce the laws

• Preserve the peace,
• Prevent crime
• Protect civil rights and liberties
• Provide services Explain items to consider when exercising discretion ✔✔- Use sound judgment to determine which laws are to be formally enforced
• Determine if there is a more constructive remedy without arrest or citation

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Explain the factors necessary for the commission of crime ✔✔Desire - the motivation behind criminal behavior Victim - potential target, unaware of surroundings Opportunity - crime prevention strategies State the core concepts of community policing ✔✔-partnership between community and police

• crime prevention
• organizational change of agency
• problem solving approach to police role is proactive Considerations for off duty situations ✔✔Behavior - social media, uphold ethics Situational Awareness- be alert, pre plan, off duty weapon policy, be a good witness State the purpose of Bill of Rights ✔✔protect a individual's freedoms
• prevent government from interfering in protected rights Describe the major components of the criminal justice system ✔✔Law Enforcement Courts - hold fair & impartial trials, guilt or innocence, Impose sentences

Corrections - supervise offender Goals of Sentencing ✔✔-protect society

• punish offender/rehabilitate
• restore the victim Recognize the tenets of the Below 100 ✔✔-wear your seatbelt
• wear your vest
• WIN what's important now
• watch your speed
• complacency kills Lawful ✔✔defined by laws and standards Criminal Law ✔✔identifies what actions are prohibited Rules of Agency ✔✔Administrative rules, general orders

Constitutional Law ✔✔amendments Police Legitimacy ✔✔exists when the public view the police as authorized to exercise power in order to maintain social order, manage conflicts, and solve problems in community Judgement 1/ public trust and confidence in police as being honest, trying to do jobs well, and protecting community ✔✔Result individuals are more likely to become actively involved in police community partnerships Judgment # public willingness to defer the law and police authority ✔✔Result Correlation between those who obey and those who view police as legitimate, cooperate by reporting crimes and providing information Judgement # public belief that police actions are morally justified and appropriate ✔✔Result citizens are more likely to cooperate and defer in moments of crisis

circumstances when filming police officers is permissible ✔✔-one party consents

• as long as it does not interfere with officers carrying out their duties Race ✔✔modern concept used to classify people by similar, observable physical characteristics Genetically influenced traits ✔✔Skin color, hair, eye shape, blood type, intelligence connection between in / out groups, and police legitimacy ✔✔some people interpret their encounters with police in terms of their group's societal position rather than immediate circumstances of the police contact Types of Racism ✔✔individual, interpersonal, institutional, structural Individual Racism ✔✔internalized, unexpressed biases and prejudices based on race Interpersonal Racism ✔✔occurs between individuals, public expressions of racial prejudice and hate

institutional racism ✔✔discriminatory policies and treatment by institutions Structural Racism ✔✔Collective way of history, culture, power inequality, unequal access to opportunities Components of bias ✔✔stereotypes, prejudice, attitude Stereotypes ✔✔generalizations about the perceived typical characteristics of a social category Prejudice ✔✔a often negative prejudgment based on characteristics such as race, age Attitude ✔✔positive or negative feelings associated with individuals or groups Bias-based profiling ✔✔-Racial/illegal profiling

• unequal treatment by officers by stopping, questioning, searching, detaining on basis of their ethnicity

Criminal profiling ✔✔Based on observed behaviors and characteristics Two types of Bias ✔✔explicit and implicit Explicit Bias ✔✔conscious preference for a social category Implicit bias ✔✔preference for a social category based on stereotypes that we hold and tend to develop in early life Two modes of thinking ✔✔automatic (system 1) deliberative (system 2) System 1 thinking ✔✔automatic, effortless, unconscious, very fast System 2 thinking ✔✔Conscious, controlled, effortful, slower practical purpose ✔✔simplifies tasks which most adults do without having to systematically think about each step

protection mechanism ✔✔we evaluate everything we see to determine if threatening or not strategies to counter implicit biases ✔✔-Guarding against influence in decision making

• awareness
• know when you're susceptible ( in complete info, cognitive load, fatigue)
• slow down thinking
• empathetic
• effort (intention, attention, time) Two-pronged Approach to Procedural Justice ✔✔person based approach community based model person based approach ✔✔emphasizes the importance of face to face interactions between officer and a citizen Community based model ✔✔ultimate goal is to achieve police legitimacy through entire society

community bank account concept as it relates to procedural justice ✔✔every encounter is either a deposit or withdrawal (increase or decrease public perception of police) four core principles of procedural justice ✔✔giving others a voice, neutrality in decision making, respectful treatment, trustworthiness explain the generally accepted ethical responsibilities of officers ✔✔-owed to your community, citizens, profession, agency, family, yourself

• treat everyone professionally
• never allow cynicism, excessive force, perjury and accept gratuities External Influences on behavior ✔✔relationships with family and friends, citizens, media, regulations, politics, subculture Internal influences on behavior ✔✔officer's own ethical and moral beliefs, anger, greed, lust Denial of victim ✔✔argue that violated party deserves to be victimized

Denial of responsibility ✔✔acted improperly because no other options Denial of injury ✔✔argue that action did not hurt anyone so no ethical misconduct Social Weighting ✔✔makes comparisons to justify unethical misconduct moral justification ✔✔argues that it's necessary to break rules for the greater good Continuum of Compromise ✔✔-being exposed on a regular basis to "special authority" and at the same time being exposed on a daily basis to that element of society that operates without values, combines to severely challenge an officer's core values system

• can lead to a sense of entitlement where officers believe they are owed professional courtesy and that the rules don't apply to them acts of omission ✔✔officer rationalize and justify not doing things they are responsible Acts of commission ✔✔administrative violations

acts of commission ✔✔-criminal

• theft Rationalization ✔✔nobody is being hurt, except for bad guys who deserve it anyway Steps in Decsion Making Model ✔✔#1- Define problem #2- Identify alternative solutions #3- Evaluate alternatives #4- make the decision #5- implement the decision #6- evaluate the decision PLUS filters ✔✔Policies Legal Universal Self

identify the uses of field notes ✔✔preservation of knowledge in written form, evidence in court, documentation of officer's efforts, aids in further investigation, foundation of formal written report types of information to be recorded in field notes ✔✔• complete information on victims witnesses and suspects involved

• date time of offense or incident being reported
• location of occurrence
• type of place where offense or incident took place
• details of offense or incident being reported
• disposition of evidence property and subjects
• corresponding report number guidelines to be followed when taking field notes ✔✔-Head notebook page with day and time of shift
• Do not place information from one incident on the same page with information from another incident
• Write or print neatly so you can read and understand your notes later
• Record all information in ink

• Let victims and witnesses talk through the event before you start recording notes
• Ask clarifying follow-up questions
• Be as complete as possible
• Consider the use of electronic data device or template
• Do not record personal information in your notebook essential questions answered in a report ✔✔Who, what, where, when, how, why Requirements of a well written report ✔✔complete, factual, objective, accurate explain crime ✔✔An act that the law makes punishable Culpable mental states ✔✔knowingly, purposely, recklessly, negligently Purposely ✔✔Specific intention to cause a certain result; or when the offense is a prohibition against certain conduct of a certain nature, regardless of what the offender intends to accomplish, it is the offender's specific intention to engage in the conduct

Knowingly ✔✔aware that conduct is practically certain to cause a result, regardless of purpose recklessly ✔✔With heedless indifference to the consequences, disregards a substantial and unjustifiable risk that conduct is likely to cause a certain result or is likely to be of a certain nature Negligently ✔✔Because of substantial lapse from due care, fails to perceive or avoid a risk that his/her conduct may cause a certain result or may be of a certain nature Jurisdiction ✔✔a government's general power to exercise authority over all persons and things within its territory Statutory law ✔✔The body of law derived from statutes rather than from constitutions or judicial decisions. Case Law ✔✔The law found in the collection of reported cases that form all or part of the body of law within a given jurisdiction

Force ✔✔Any violence, compulsion, or constraint physically exerted by any means on or against a person or thing Deadly Force ✔✔force which carries a substantial risk that it will result in thendeath of a person Physical Harm to Persons ✔✔Any injury, illness or other physiological impairment, regardless of its gravity or duration Serious Physical Harm to Persons ✔✔-Any mental illness or condition of such gravity as would normally require hospitalization or prolonged psychiatric treatment

• Any physical harm that carries a substantial risk of death
• Any physical harm that involves some permanent incapacity, whether partial or total, or that involves some temporary, substantial incapacity
• Any physical harm that involves some permanent disfigurement or that involves some temporary, serious disfigurement
• Any physical harm that involves acute (i.e., severe) pain of such duration as to result in substantial suffering or that involves any degree of prolonged or intractable pain

Physical Harm to Property ✔✔- Any tangible or intangible damage to property that results in loss of value or interferes with enjoyment. Serious Physical Harm to Property ✔✔- Substantial loss to the value of the property or requires substantial time, effort, or money to repair of replace.

• Temporarily prevents the use or enjoyment of the property or interferes with the use or enjoyment for extended periods of time. 2923.01 Conspiracy ✔✔(A) No person, with purpose to commit or to promote or facilitate the commission of aggravated murder, murder, kidnapping, abduction, compelling prostitution, promoting prostitution, trafficking in persons, aggravated arson, arson, aggravated robbery, robbery, aggravated burglary, burglary, trespassing in a habitation when a person is present or likely to be present, engaging in a pattern of corrupt activity, corrupting another with drugs, a felony drug trafficking, manufacturing, processing, or possession offense, theft of drugs, or illegal processing of drugs
• With another person or persons, plan or aid in planning the commission of any of the offenses 2923.02 Attempt to commit an offense. ✔✔(A) No person, purposely or knowingly, and when purpose or knowledge is sufficient culpability for the commission of an offense, shall engage in conduct that, if successful, would constitute or result in the offense.

2923.03 Complicity. ✔✔No person, acting with the kind of culpability required for the commission of an offense, shall do any of the following:

• Solicit or procure another to commit the offense
• Aid or abet another in committing the offense
• Cause an innocent or irresponsible person to commit the offense. Describe the purpose of the fourth amendment to the United states constitution ✔✔is to guarantee rights relating to arrests, searches, and seizures of persons describe the relationship between the degrees of suspicion and the responses allowed by the constitution ✔✔Highest Proof beyond reasonable doubt
• suspect may be convicted of crime punished Probable cause to believe suspect is guilty
• suspect may be arrested reasonable suspicion that suspect is involved in criminal activity
• suspect may be seized and detained for investigation hunch

interactions must be consensual lowest determine when a person is considered to be seized ✔✔-a reasonable person would believe that the person was not free to leave

• examples even if they did not attempt to leave: threatening presence of officers, display of weapon, physical touching, restricting movement explain when a officer can use the rationale from Terry to detain a person ✔✔a officer may detain a individual based upon the officer's reasonable, articulable suspicion that criminal activity was being planned or in process of being executed describe under Terry, what is required of an officer to make a investigatory stop ✔✔-have reasonable articulable suspicion to initiate a stop and that criminal activity was afoot
• consider totality of circumstances
• weight to their experience describe the considerations an officer should be mindful of when conducting a Terry stop ✔✔- use least intrusive means of detention

• conduct stop quickly as possible to not prolong the period of involuntary detention
• if additional facts are uncovered that supply officer with probable cause to arrest, individual may be arrested
• must be released if no grounds for arrest requirements which must be established before a Terry pat down/frisk ✔✔Officers are required to articulate a reasonable belief that the suspect is armed AND the suspect poses a threat to them Plain Feel Doctrine ✔✔-weapons
• during frisk, if officer grab something and immediately recognize it, they can seize it
• not seize it if determining its identity requires further manipulation (pockets, squeezing)
• once determined not a weapon, search must stop unless there's a warrant identify the evidentiary standard on which to base an arrest ✔✔a arrest must be based on probable cause describe when the elements of probable cause to arrest are satisfied ✔✔the officer is aware of articulable facts and circumstances sufficient to warrant a reasonable person to believe that a crime has been committed and the person about to be arrested committed the unlawful act

identify sources of information that can be used to establish probable cause to make a warrantless arrest ✔✔personal observations, informant's tip, reports from officer or agencies, physical evidence, past criminal record, statements made by suspect, leads furnished by victim or witness in the absence of consent or exigent circumstances before entering, a officer must do before entering a private residence to make a arrest ✔✔-secure appropriate warrant

• reasonably believe that the person to be arrested is present at the correct address
• knock and announce their presence to justify a warrantless, nonconsensual entry into a private residence in order to make a arrest.. ✔✔exigent circumstances must exist which demand a immediate response Hot/Fresh Pursuit ✔✔The pursuit, without unreasonable interruption, of a person who is trying to avoid arrest the basis to legally seize evidence ✔✔-based on probable cause

• probable cause to seize exists if a prudent person would conclude that the object in question is associated with criminal activity types of searches ✔✔full, limited weapons, inventory Full Search ✔✔conducted to gather criminal evidence
• probable cause
• require a search warrant Limited Weapons Search (frisk/protective) ✔✔- search conducted to disarm a suspect to protect officers
• authority based on reasonable suspicion that person lawfully detained is armed and dangerous inventory search ✔✔-not under 4th amendment
• catalog property that police have taken into custody
• adhere to department policy, secure property, protect agency from lost, stolen or damaged claims

Describe the nature of the facts required to support probable cause to conduct a search ✔✔facts sufficient to justify a person of reasonable caution to believe that a crime has been or is being committed and that specific objects associated with the crime exist and they will be found in the place to be searched describe the criteria needed to establish the plain view exception to the search warrant requirement ✔✔-officers must be legally on the premises from where the observation is made

• incirminating nature of the item must be immediately apparent
• officer must have a lawful right of access to object Curtilage ✔✔the area immediately surrounding the home (garage, yard)
• same 4th amendment protection as home Open Field ✔✔Any other land from home
• no 4th amendment protection identify the keys in determining whether a consent search is valid ✔✔-Consent is voluntarily given

• The person giving consent has authority to do so and no other person with authority, that is present, has refused
• The search is limited to only those places and things that the person expressly or impliedly authorized to be searched
• The search is not unduly intrusive
• While officers may be thorough in their search, they are not permitted to be destructive
• In addition, the length of the search must be consistent with the type and complexity of the search for which permission was granted Three Broad Categories of exigent circumstances ✔✔-lives or property are in imminent danger or a serious crime in progress
• evidence will be destroyed or moved if officers postpone taking action
• officers are in hot pursuit of a felon who flees and takes refuge inside identify the area an officer may be search incident to a lawful arrest ✔✔is the area within the person's immediate control at the arrest location identify the factors that will determine the reasonableness of the length of time involved in a motor vehicle detention ✔✔-purpose of stop

• time reasonably needed to effectuate those purposes
• officers pursued means of investigation that was likely to confirm their suspicions quickly identify when an officer may conduct a protective search of a motor vehicle for weapons ✔✔- officer has lawfully stopped the vehicle
• reasonable suspicion based on specific and articulable facts to believe driver is dangerous and can gain control of a weapon identify when an officer may search a motor vehicle with containers in it ✔✔-for any contraband or evidence of a crime once probable cause has been established
• officers can search all containers (locked/unlocked) explain the factors considered in determining if an inventory of a motor vehicle is reasonable ✔✔car was lawfully impounded, inventory conducted after impounded, owner not present to make other arrangements, valuables in plain view and was pursuant to police procedure, not a pretext to conceal a investigatory search describe the relevant factors used in determining if force was reasonable ✔✔-severity of crime
• whether suspect is a immediate threat to the safety of officers or others

• actively resisting
• suspect was attempting to evade arrest by flight Active Resistance ✔✔when a person exhibits resistive movement to avoid physical control or presents a credible threat to a officer (not showing hands) passive resistance ✔✔when a person exhibits no resistive movement in response to verbal commands and other direction, poses no safety threat (failing to exit vehicle) describe when handcuffing may be considered unreasonable force ✔✔-unduly tight or forceful handcuffing in course of seizure
• severe obvious medical injury and handcuff in manner that is likely to cause serious harm
• plaintiff complained and officer ignored complaints
• some physical injury resulting the handcuffing describe when use of a chemical weapon may be considered unreasonable force ✔✔-using chemical weapons on arrestee who already been subdued and poses no threat