TLETA week 1 Correct Questions & Answers(GRADED A+), Exams of Biology

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TLETA week 1 Correct Questions &

Answers(GRADED A+)

Ethics - ANSWERCaught not taught What does Modern day policing come from? - ANSWEREnglish Law What is the Court Structure? - ANSWERSupreme Court, Court of criminal appeals, appeals court, Circuit court or Criminal court, municipal and general sessions What is the Legal Hierarchy? - ANSWERFederal Laws, State laws, Local laws What are the steps to State court? - ANSWERArrest, general sessions, grand jury, trial, appeal 3 Checks of Probable cause/Arrest - ANSWERInitial appearance/preliminary hearing, general sessions, grand jury Levels of Proof - ANSWERMere suspicion, reasonable suspicion, P/C, beyond a reasonable doubt What is a magistrate? - ANSWERAn officer having power to issue a warrant for the arrest of a person charged with a public offense Affidavit - ANSWERWritten statement signed and sworn to before an official (after arrest) Warrant - ANSWERWritten order commanding that a person be arrested, must be signed by magistrate (before arrest) 8th Amendment - ANSWERNo cruel or unusual punishment. All prisoners shall be bailable by sufficient sureties except for capital offenses Who endorses bail amount? - ANSWERMagistrate How many people are on a grand jury? - ANSWER13 people. 12 jurors, 1 foreperson appointed by judge Who discharges bail - ANSWERSheriff preliminary hearing - ANSWERNot a constitutional right; is a probable cause screening What does a grand jury do? - ANSWERInquire into law violations; Determine existence of Probable Cause

Indictment - ANSWERAn accusation in writing presented by the grand jury of the county, charging a person Who are considered magistrates? - ANSWERJudicial commissioners, judges of circuit & Criminal courts, Supreme Court, general sessions judges, city judges or juvenile judges what is mittimus? - ANSWEROrder in writing Class A misdemeanor - ANSWER11 months, 29 days, $2, Class B Misdemeanor - ANSWER6 months, $ Class C Misdemeanor - ANSWER30 days, $ 2nd Amendment - ANSWERRight to bear arms 4th Amendment - ANSWERProtection against Unreasonable Search and Seizure (protection of houses, papers, persons, effects and life) 5th Amendment - ANSWERThe Right to Remain Silent/Double Jeopardy, right to due process, testify against self 6th Amendment - ANSWERRight to a speedy and public trial, assistance of counsel, informed of accusations, confront witnesses 8th Amendment - ANSWERNo cruel or unusual punishment, no excessive bail or fines 14th Amendment - ANSWERDeclares that all persons born in the U.S. are citizens and are guaranteed equal protection of the laws. States must follow federal precedent. Suspect ID types - ANSWERLineup, show up, photographic ID Lineup - ANSWERLive presentation of several different people by police to a witness of a crime so as to identify possible suspects. (An attorney may be present if wanted) Showup - ANSWERLive presentation, within a reasonable time after a crime, of a single person by police to a witness so as to identify the suspect. (Usually at crime scene) Photographic ID - ANSWERthe use of photo images to present suspects of a crime in much the same manner as a lineup Static display - ANSWERPiece of paper with pictures Class A Felony - ANSWER15- 60 Years; $50,

What was considered the most heinous crime which led to hanging? - ANSWERCounterfeiting Constable - ANSWEROnly patrolled during day, apprehended criminals. Received food , housing , get % of fine paid by criminal back to them Night watch - ANSWEROperated only during summertime at night Copper Badges - ANSWERlead to term "copper" or "cop" Slave Patrols - ANSWERWatched for slave running away; patrolling came from this term patrolling came from what term? - ANSWERSlave Patrols George Washington created what? - ANSWERUS Marshals Who was the first appointed US Marshall? - ANSWERAlan McClane What abilities do US Marshals possess? - ANSWERtrack criminals, serve warrants, disperse subpoenas, track stage coaches Wells Fargo is what? - ANSWERPrivate Security Agency with armed men on stagecoaches who apprehended suspects (shotgun) Boss Crump- - ANSWERMemphis political figure, allowed for police to pay for a position wanted Lola Baldwin - ANSWER1st female officer hired in Portland, OR on April 1, 1905 Boston Police strike in 1919 - ANSWERled to pay increases for police departments Leaders in American Policing: - ANSWERSir Robert Peel- Theodore Roosevelt- August Vollomer- Allan Pinkerton- Sir Robert Peel- - ANSWERKnown as "Father of Modern Policing" Theodore Roosevelt- - ANSWER"We are Fighting the War on Crime" Started bike patrol Created Bureau of Investigation, Franklin Roosevelt started FBI August Vollomer- - ANSWERPro Education/ Motorcycles for Patrol/ IQ & Psych Test for officers/ Chief of Berkley Police Allan Pinkerton- - ANSWERCreated railroad police-Northwest Police Agency, Pinkerton's National Detective Agency 1st Police Academy: - ANSWER1920s- New York had the first state funded academy (similar to TLETA) 1888- Cincinnati had the first training (72 hours)

9/11/2001 terrorist attacks changed what? - ANSWERHow the community viewed policing Watchmen - ANSWERCombination of constable & night watch First paid LE officers 1st city to have watchmen - ANSWERBoston Metro Police Act Model (1829) - ANSWERBeginning of police reforms Municipal Police (1845)- - ANSWERLaw of Police Reform. First time the term police was used. THP - ANSWERAdministrative Police ABC - ANSWERAlcohol Beverage Commission- civil and criminal jurisdiction TVA and Railroad Police - ANSWERONLY Private Federal Agencies What Protections from government do you have? - ANSWERPersons-your body, House- your immediate dwellings and the cartilage around the residence (NOT OUTSIDE PROPERTY), Papers- any documentation or correspondence that are yours, Effects- personal property Mere Suspicion - ANSWERunqualified suspecting that something is wrong, without proof. A "hunch" without facts Reasonable Suspicion - ANSWERSuspicion supported by specific and articulable facts for suspecting a person of criminal activity What is the purpose of reasonable suspicion? - ANSWERto determine if crime has occurred or not What can you do with Reasonable Suspicion? - ANSWERDetention/Investigative, Stop Pat Down/Frisk/Terry Stop Pat Down/Frisk/Terry Stop - ANSWERReasonable suspicion that they are ONLY ARMED Permission/Consent NOT A SEARCH- LIMITED TO OUTER CLOTHING Not longer than reasonably necessary probable cause - ANSWERReasonable grounds to suspect that a person has committed or committing a crime, Need PC for: Search warrant, Arrest, warrant, On- View Arrest Beyond a Reasonable Doubt - ANSWERThe doubt that prevents one from being firmly convinced that there is a real possibility that the defendant is not guilty Jury standard for conviction Arrest - ANSWERTo deprive a person of his liberty by legal authority

What is the purpose of an arrest? - ANSWERbringing a person before a court or for the administration of justice Things needed for an Arrest Warrant - ANSWERIn writing to a proper officer w/ substance of complaint Signed by magistrate Commanding the arrest of the defendant Examination of Affiant - ANSWERaffidavit is presented to judge & and signed by affiant Contents of Written Examination (Affidavit) - ANSWERFacts stated by the affiant that establish that there is probable cause to believe an offense has been committed and that the defendant committed it When is Warrantless Arrest appropriate? - ANSWERFor a public offense committed or a breach of the peace threatened in the officer's presence (Misdemeanor in presence), When the person has committed a felony, though not in the officer's presence, When a felony has in fact been committed, and officer has PROBABLE CAUSE for believing the person arrested has committed the felony Emergency Detention reasoning - ANSWERPerson of mental illness or serious emotional disturbance, person poses immediate substantial likelihood of serious harm-detain to obtain examination of care. Suicide Persons Subject to Arrest - ANSWERALL PERSONS , ANY DAY AT ANYTIME Who are Immune from civil arrest, not criminal - ANSWERCongress & Legislators What is a Civil Arrest? - ANSWERmunicipal ordinances Who has immunity? And what do you do? - ANSWERDiplomats, foreign ministers, ambassadors. Call state for further instructions When is a Citation in Lieu of Arrest appropriate? - ANSWERShoplifting, Bad Checks, Revoked/Suspended DL, Assault or Battery (reasonable danger has subsided), Prostitution (unless they have a history or will prostitute again within reasonable period of time) Class B Felony - ANSWER8-30 years; $25, Class C Felony - ANSWER3-15 years; $10, Class D Felony - ANSWER2- 12 years; $5, Class E felony - ANSWER1-6 years; $3, Sequential Display - ANSWERStack of photographs in folders

How many choices in a lineup or photo ID should there be - ANSWER6 or more (9 is best) What does Examination required before commitment mean? - ANSWERNo one person can be committed to prison on any criminal matter without first being examined by a magistrate Indictable offenses - ANSWERALL felonies and misdemeanors True Bill - ANSWERgrand jury approves indictment Capias - ANSWERWritten Document from grand jury authorizing arrest Arraignment - ANSWERWhere defendant first appears before court with jurisdiction to try case When does the 5th Amendment not apply to a suspect? - ANSWERPhotographic ID, Showup, Lineup In TN, when does the right to counsel attach? - ANSWERAfter being formally charged Factors to determine admissibility of ID - ANSWEROpportunity of witness to view criminal at the time of the crime, the degree of witness attention, accuracy of any prior description, the level of certainty demonstrated by witness, time span between crime and confrontation. (All factors combine to establish reliability) "Posse Comitatus"- - ANSWERlaw enforcement official could draft any male over 30 years to help (a posse) What is "Hue and Cry"? - ANSWERbystanders assisting by crying out for criminals & apprehending criminals What is "Kin Police"? - ANSWERneighbors coming to the aid of each other What is "Shire Reeve"? - ANSWERappointed by king to be over 10 hundred When must you arrest for a misdemeanor? - ANSWERFlight Risk Identification (No DL, must have proof of this), Likelihood the Offense will continue, Magistrate (want to be seen by judge ASAP, will not sign ticket after explaining. etc), Jeopardize future arrest, Intoxication (Public or DUI), Medical Attention Needed, Warrants (can't let them go), Accidents w/ No DL AND NO Insurance AND Serious Bodily Injury Authority of Officers - ANSWERTo make an arrest w/ or wlo a warrant, break open any outer or inner door or window of a dwelling house if, after notice of officer's office, authority and purpose, the officer is refused admittance

What is a Private Person Arrest? - ANSWERPublic offense committed in arresting person's presence Person arrested has committed a felony, although not in the person's presence Felony has been committed, and arresting person has probable cause to believe that the person arrested committed it MUST wlo unnecessary delay take arrested person before magistrate or deliver to officer Officer may take before magistrate without warrant Telephone Call - ANSWERShall not be named in any book, ledger or any record until phone call w/o undue delay 1 hr is reasonable Everything we do is based on - ANSWERFACTS 1st Degree Murder. - ANSWERclass by itself, either life sentence or life sentence wlo parole If no designation of misdemeanor, it is classified as a "Class A Elements of Offenses - ANSWERAll criminal statutes have 1 or more components Each must exist in order for the person to be guilty (Must PC of each element of offense What is bodily injury? - ANSWERIncludes a cut, abrasion, bruise, burn or disfigurement, and physical pain or temporary illness or impairment of the function of a bodily member, organ, or mental faculty What is Serious Bodily Injury? - ANSWERbodily injury that involves A substantial risk of death; Protracted unconsciousness; Extreme physical pain; Protracted or obvious disfigurement; Protracted loss or substantial impairment of a function of a bodily member, organ or mental faculty; OR A broken bone of a child who is twelve (12) years of age or less; What are the Steps to get a warrant? - ANSWERPC Neutral & Detached Magistrate Oath/Affirmation Particuarly Presumption of Reasonableness Who can give greater protection? - ANSWERState court but not less than the federal courts Mapp v. Ohio lead to - ANSWER(Exclusionary Rule) If a search is found to be unreasonable (violation of 4th amendment rights), whatever evidence found will be excluded in court What is a search warrant? - ANSWERWarrant-Order in writing, signed by a magistrate, directed to any peace officer commanding him to search for personal property, and bring it to the magistrate Search Warrant-Order Only issued on: - ANSWERProbable cause Supported by affidavit Naming or describing the person and particularly describing the property AND Place to be searched What can you use Hearsay for? - ANSWERis possible to use hearsay to get search warrant

2 Prong Test - ANSWERVeracity of Informant Reliability&truthfulness at the same time; past history taken into account Informants basis of knowledge How do they know what they know 3rd Party is Categorized in 3 ways: - ANSWEROther law enforcement (presume the 2 prongs) Citizens (known Citizen Informant in TN) Presume Veracity/must prove basis of knowledge Confidential (Criminal) No trust on veracity, must be shown through time NO ANONYMOUS INFORMANTS Judge must examine - ANSWERaffiant/complainant & any witnesses under oath, de termine if PC exists including "particularly", then sign, date, and time Who may issue a warrant? - ANSWERONLY the magistrate with jurisdiction in the county where the property sought is located When can a special judge issue a warrant? - ANSWERas long as they properly qualified to hold office (but try to avoid) What are Grounds for issuing a search warrant? - ANSWERWhen property was stolen or embezzled, used as the means of committing a felony, is in the possession of any person with the intent to use it as a means of committing a public offense/purpose of concealing it or preventing discovery What is the exclusionary rule? - ANSWERMust show exigent circumstances as above, but can't create exigent circumstances What do you do in the case of In state Out of County Warrants? - ANSWEREvidence is in state but out of county Search warrant delivered to officer of the county where evidence is located for service, they should execute warrant, and you can be present (Dillon v. State) - ANSWERWhen the search is conducted in foreign jurisdictions by independently acting outside agencies, the law of the outside jurisdiction determines validity (State v. Cauley) - ANSWEREvidence used in TN courtroom obtained at the behest of TN authorities pursuant to their own investigation of a crime occurring within our utional search and seizure principles apply Anticipatory Search Warrants - ANSWERProbable cause to believe that evidence of illegal activity will be found at a particular place at a time in the future ( Ex. arrival of a drug package) Affidavit should inform magistrate of known or suspected contraband delivered in immediate future and the basis for the affiant's knowledge Warrant be executed upon occurrence of specified event Strip Search: - ANSWERto permit visual inspection of the genitals, buttocks, anus, female breasts or Having an arrested person remove or arrange some or all of the person's clothing so as undergarments of the arrested person Should not be done EXCEPT in cases involving weapons, a controlled substance or controlled substance analogue

Body Cavity Search: - ANSWERAn inspection probing or Examination of the inside of a persons name is vagina or Jenna tolls for the purpose of determining concealed contraband etc must have a search warrant will not be done by LE officer must use pre-printed form no verbal commitments Objective Reasonable Test (ORT) - ANSWERCourt uses to determine reasonableness 3 Legal Police Citizens Encounters: - ANSWERConsensual (free & Voluntary consent) Arrest (requires probable of crime) Temporary Detention/lnvestigative Detention/Terry Stop (All the same) Reasonable suspicion of a crime Search Violates 4th Amendment? - ANSWERExclusionary Rule applies (Mapp v. Ohio) Violation of civil rights acting under color of law Levels of Proof: - ANSWERMere Suspicion Reasonable Suspicion Probable Cause Beyond a reasonable doubt Mere Suspicion - ANSWERNo fact based Observe, license plate check, CANNOT DETAIN Reasonable Suspicion - ANSWERReasonable to suspect something, even it's most likely not (another officer would suspect the same Investigative Detention, Frisk, Traffic Stop Probable Cause - ANSWERCause Belief based on fact Arrest, Arrest Warrant, Search Warrant Beyond a reasonable doubt - ANSWERCourt Conviction The right of the people to be secure in their: - ANSWERPersons Houses (overnight habitation; real property) Papers (records, digital or paper) AND Effects (personal belonging/personal property) cartilage - ANSWERLand around house- When can you search? - ANSWERValid Search Warrant Exceptions to Search Warrant Rule - ANSWERConsent must be knowingly freely and voluntarily given, officer must have a legal right to be there when asking for consent, party giving consent must have standing authority limited to area for which consent is given consent may be withdrawn at any time not required to be in writing or recorded but recommended conflicting consent by co occupants Search Incident to Arrest - ANSWERFull out search, not a frisk Re quires lawful custodial arrest (not applied to misdemeanor citations) Make sure person doesn't have a weapon/means of escape Any evidence or contraband that could be destroyes Must be contemporaneous to arrest Not limited to items you are searching for, but within their immediate control (lunging distance)

Frisk - ANSWERMust be supported by reasonable suspicion Search is limited to a pat down of the out clothing only; open hands Search is for WEAPONS ONLY Frisk (Plain Feel Doctrine) - ANSWERMust be in the course of a legal frisk Exigent Circumstances- PC Standard - ANSWERPrevent the imminent destruction of evidence Prevent the imminent escape of a dangerous felon Reasonable fear that the police or another is in imminent danger Hot Pursuit (foot pursuit) Bank robber runs in house & you see them-- you can go into the house Plainview - ANSWERLegal right to be where they are when observation made Illegal nature of the object observed must be immediately obvious Officer must have lawful access to the object observed Open Fields Doctrine - ANSWERApplies to areas that are not cartilage TN is restrictive on this, only applies to wild and wasteland Protective Sweep - ANSWERLegally in home ir building Reasonable suspicion that someone else is present & poses a threat to the officers scope sweep of structure looking anywhere a person might be found Status Offense- - ANSWERaction prohibited to a certain class of people (curfew/underage drinking) Juvenile Law- - ANSWERMain focus: rehabilitation Take a child into custody if - ANSWEROrder of the court Pursuant to the law of arrest Law Enforcement Runaway Dependent & Neglected 6 essential nutrients: - ANSWERfat, carbs, protein, vitamins, minerals, water fat - ANSWERExcess energy Saturated Fats - ANSWER(red meat) Found in animals. Solid at room temp Unsaturated Fats - ANSWERFound in plants, liquid at room temp, olive, canola, peanut oil Carbs main funtion- - ANSWERsupply energy to body cells 2 types of carbs - ANSWERSimple: Complex: Carbs Simple: - ANSWERprovides sweetness Carbs Complex: - ANSWERincludes starches and most dietary fiber Protein main function- - ANSWERbuilding block for important bone and muscles structures, cell growth, hormones, blood, enzymes; provides energy

What Persons or Property are Subject to Seizure by Warrant? - ANSWEREvidence of crim Contraband, the fruits of crime or items otherwise criminally possessed, Property designed or intended for use, or that has been used in a crime, Person whose arrest is supported by probable cause Violation of Protection Order- Warrantless Arrest if: - ANSWERProper jurisdiction over area where violation occurred Probable Cause to believe the respondent violated/in violation of order of protection Verified the existence of order of protection by phone or radio w/proper department CAN NOT ENFORCE ex parte order of protection until respondent has been served Execution of Warrant - ANSWERMust execute within 5 days of issue date (runs midnight to midnight) Ex. if issued at 0823 on Monday, will not go into effect to be served until 0000 Tuesday Executed any time of day Who May Request Search Warrant? - ANSWERDistrict Attorney Asst District Attorney Criminal Investigator Other Law Enforcement Officer Elements of a Warrant - ANSWERWhere to search Who to search Date and Hour Officer to serve it 3 Copies: (prevents alteration of warrant) o Judge, Clerk, Defendant MAKE SURE THE WARRANT IS CORRECT-Good Faith Rule does not apply Entry for warrant - ANSWERKnock & Announce: Why do you knock and announce? - ANSWERProvides protection for occupants and LE officers Protects privacy interest that is inherent in the home Protects against needless destruction of property What is the Exception to the knock and announce rule? - ANSWERReasonable suspicion to believe: Destruction of Evidence Officer/Innocent Person Safety Useless Gesture What must you show when you don't knock and announce? - ANSWERPerson in house knows officer's authority & purpose, Officers have justified belief those inside are aware of presence and Officers have justified belief someone is in immediate peril of bodily harm planning escape or destruction of evidence, person inside is armed And is likely to use weapon or become violent, person inside has threatened officer's safety, possesses a criminal record showing violence or reputation of that nature 2 Prong Test (for purpose of PC) - ANSWERVeracity (credibility) Basis of knowledge (how you know what you know) 3rd Party Informants: - ANSWERLaw Enforcement Officers (Veracity & Basis of knowledge assumed) Citizen Informants Everybody Else (must prove both veracity and basis of knowledge) Veracity is assumed, basis of knowledge must be proved

What can you do with anonymous tip & reasonable suspicion? - ANSWERCant stop & investigate IF caller gives very specific facts and facts were true Time frame is key, and make sure every fact is checked off The more specific the facts received from informant, that can be verified prior to seizure, the more likely it will be legal. When is a person seized within 4th Amendment? - ANSWERSuspect not 'seized until physically restrained or voluntarily complies with police Suspect "seized as soon Suspect who is already tum on (car stting on side of road, officer puils over to assist & turns on blue light) stopped when approached by police is as police display authority (blue lights) seized when blue lights Types of Police Citizen Encounters - ANSWERConsensual Arrest Terry stop Consensual - ANSWERFree and voluntarily Terry stop - ANSWERRequires reasonable suspicion of a crime Community caretaker function - ANSWERTN is exempt from from consensual encounter Exception to the 4th Based on reasonable suspicion or PC that someone is in need of assistance, requirement of suspicion of crime For public safety Consensual Encounter (TN exempt from this) Only engage someone w/their consent Even if you have a reason to suspect they are in distress No suspicion of a crime needed State v. McCormick - ANSWERcommunity caretaking doctrine is analytically exempt from the consensual encounter, meaning in TN Officer must possess specific and articulable facts, which viewed objectively in the totality of the circumstances, reasonably warrant a conclusion that a community caretaking act was needed AND Officers behavior and scope of intrusion were reasonably restrained and tailored to the community caretaking need -Caretaker function - ANSWER-Caretaker function is not a seizure with blue lights on -If crime is committed while exercising community caretaker function-PC is there Passenger Compartment- - ANSWERInside car, NOT trunk or bed of truck Warrantless Search of Vehicle: - ANSWERConsent (free and voluntarily given) Search Incident to Arrest Frisk Plainview exigent circumstances carol doctrine Force - ANSWERCompulsion by the use of physical power or violence possibly including the threat there of When can force be used? - ANSWERSelf defense defense of another effect an arrest Three times deadly force may be used - ANSWERSelf defense defense of another dangerous fleeing felon What are the three categories of persons - ANSWERFree persons pre-trial detainees convicted prisoners

Use of deadly force from TN versus Garner - ANSWEROfficer has probable cause to believe that the suspect poses a threat of serious physical harm either to the officer or to others it is not constitutionally unreasonable to prevent escape by using deadly force. If suspect threatens the officer with a weapon or there is probable cause to believe that he has committed a crime involving the inflection or threatened infliction of serious physical harm deadly force may be used it necessary to prevent escape Five basic factors the court considers - ANSWERAttempt to evade by flight eminent threat to officers active resistance to arrest or detention severity of the crime officers legitimate anxiety level What are some of the other factors consideredWhen deadly force is used? - ANSWERRelative size and strength, access to weapons by the suspect, injury or exhaustion of the officer, suspect influence by drugs, history of violence known to us at the time of use of force, number of people involved, back up availability, reaction time, known fighting abilities of suspect Bodily injury - ANSWERIncludes a cut, abrasion, Bruce, burn or disfigurement and physical pain or temporary illness or impairment of the function of a bodily memory, Organ, or mental faculty Serious bodily injury - ANSWERBodily injury that involves a substantial risk of death, protracted unconsciousness, extreme physical pain, protracted or obvious disfigurement, protracted loss or substantial impairment of a function of a bottle remember Oregon or mental faculty or a broken bone of a child who is 12 years of age or less