Term
| Identify why the highest ethical standards are necessary for LEO's. (LO1) |
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Definition
Protectors of Society
Power & Authority
Enforcers of the Law(s)
Role Models
Oath of Office |
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Term
| Identify the sources of law from which LEO's obtain their power & authority. (LO15) |
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Definition
U.S. Constitution
State Statutes
Ordinances
Court Rulings |
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Term
| Define where law enforcement power & authority are derived from. (LO14) |
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Definition
The People
The Constitution
The Laws
The Agency Head
The Agency Policies |
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Term
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Definition
Code of values by which we live.
What is considered "right" and "wrong." |
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Term
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Definition
| Beliefs upon which our actions & decisions are made. |
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Term
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Definition
Living in a manner true to your beliefs.
"Walking the talk." |
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Term
| Define Professionalism. (LO4) |
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Definition
| Conduct/Quality that characterizes a profession. |
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Term
| What are the four types of values?(LO5) |
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Definition
Personal
Professional
Organizational
Society |
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Term
| Identify why ethical conduct of LEO's is important to all officers & how immoral conduct by an officer adversely affects all officers in the performance of their official duties.(LO2) |
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Definition
Career Survival
Media Coverage
Community View of the Agency
In-House Dissension
Personal Stress |
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Term
| Identify causes of unethical acts within a law enforcement organization & the impact of those acts on law enforcement & the community.(LO11) |
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Definition
Ugly internal politics
Inadequate background checks
Inept FTO programs
Poor role models |
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Term
| Identify the importance of the Fourth Amendment for statement admissibility.(LO1) |
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Definition
Avoid civil liability
Avoid criminal liability/charges
Avoid evidence/confession/statement suppression |
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Term
| Identify the importance of the Fifth Amendment for statement admissibility.(LO2) |
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Definition
No person shall be subject to same offense /to be twice put in jeopardy of life/limb.
Nor shall be compelled in any criminal case to be a witness against himself;
-Knowingly, willingly, voluntarily waiver of Miranda rights.
-Right against self-incrimination
Nor to be deprived of life, liberty, property without due process of the law. |
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Term
| Identify the importance of the Sixth Amendment for statement admissibility.(LO3) |
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Definition
Criminal prosecution:accused shall have the right to a speedy trial:
Impartial jury
Informed of nature/cause of accusation
To confront witnesses
Obtain witnesses/subpoena
Right to counsel for defense |
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Term
| Identify the importance of the Fourteenth Amendment for statement admissibility.(LO4) |
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Definition
Can’t deny right of citizens without due process
States can’t opt out of Constitutional rights |
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Term
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Definition
When a suspect is under arrest, he is in custody and must be mirandized before questioning (a suspect may be in custody for Miranda purposes, without a formal arrest).
Factors:
-Deprived of freedom in any significant manner
-Arrest or functional equivalent
-Reasonable person believes they are not free to leave. |
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Term
| Define the requirements for a valid waiver of Miranda rights. (LO6) |
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Definition
Must give suspect warning describing rights
Suspect must give VOLUNTARY, KNOWING, INTELLIGENT waiver of those rights.
LEO must cut off questioning if suspect invokes his right to silence.
Must show suspect understood AND waived rights. |
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Term
| Define "voluntary" as related to admissions & confessions. (LO7) |
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Definition
Waiver was the product of free/deliberate choice rather than intimidation, coercion, deception
Waiver was made with full awareness of the nature of the right of being waived/consequences of waiving |
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Term
Identify the circumstances where persons must be advised of constitutional rights, i.e.,
Miranda. (LO8) |
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Definition
CUSTODY + INTERROGATION = MIRANDA
Classification of the crime is irrelevant (doesn’t matter if felony/misdemeanor). |
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Term
| Identify circumstances where a parent must be notified for juvenile interrogation. (LO9) |
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Definition
Statement made by juveniles less than 14 years old not admissible if it was a result of custodial interrogation unless interrogation consultation was 1st allowed by parent/guardian/attorney:
Advised of juveniles rights
Waiver obtained by both
After attorney is appointed, parent may not waive juvenile rights. |
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Term
| Define elements of proper questioning/interrogation of suspects while protecting their constitutional rights. (LO10) |
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Definition
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Term
Identify criminal & civil liability for violating the individual's rights against self-incrimination & the right to counsel.
(LO11) |
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Definition
Inadmissible if involuntary
Evidence could be suppressed |
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Term
| Identify the implications of the Miranda Decision for interrogation processes. (LO12) |
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Definition
Direct Questions intended to produce an incriminating statement.
Direct questions about a crime under investigation.
Can also be conduct intended to produce incriminating statements.
Questions become accusatory |
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Term
| Identify the constitutional rights conveyed in the Miranda warning. (LO13) |
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Definition
4th Amendment:Did the method of overhearing the suspect’s statements amount to an illegal search? Was a confession obtained as a direct result of an illegal search and seizure?
5th Amendment:Right to remain silent
6th Amendment:Right to counsel |
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Term
| Define PC to search. (LO1) |
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Definition
To believe a crime has been committed
Flexible common-sense standard
Requires that the facts available to the officer would warrant a man of reasonable cause in the belief; that certain items may be contraband or stolen property or useful as evidence of a crime. |
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Term
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Definition
| An item that is unlawful to possess. |
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Term
| Identify grounds for which a search warrant will be issued. (LO3) |
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Definition
| Based on an Oath or Affirmation called an affidavit. The affidavit can include the officer’s observations, other officers’ observations, and/or those observations of private citizens or undercover informants. |
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Term
| Identify Procedures for obtaining a search warrant. (LO4) |
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Definition
The search warrant must be specific about the time, place, and items that investigators are searching and must be obtained on the basis of probable cause
Approved by a judge
Only law enforcement officials have the ability to obtain a search warrant. |
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Term
| Identify requisites for a search warrant. (LO5) |
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Definition
Location/Description
Vehicle/Description
Person/Description
Items to be seized
Narration |
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Term
| Identify Legal procedures for executing a search warrant, i.e., daytime and nighttime. (LO6) |
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Definition
Anytime day or night
Within 96 hours of issuance
Any LEO may execute
Any/all reasonable force to gain entry |
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Term
| Identify U.S. Supreme Court ruling concerning law enforcement being accompanied by media during search. (LO7) |
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Definition
| Presence of the media is unconstitutional and violates the 4th amendment because it is not related to the objectives of the church and violates expectation of privacy. |
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Term
| Define what activities are & are not permissible within the scope of a warrant. (LO8) |
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Definition
Officers must be specific about items they want to seize.
After warrant has been issued, officers may only search place as described in warrant
If officer searching within the scope of their warrant/items are immediately apparent during the search, the plain view exception may allow seizure. |
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Term
| Define the necessary requirements to search a person, the justifications for said searches & various restrictions on such searches. (LO9) |
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Definition
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Term
| Define the legal requirements for seizing physical evidence from a person's body. (LO10) |
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Definition
| To seize physical evidence from a body with a warrant, LEO must show PC. Must show the importance of the evidence. |
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Term
| Identify rules & procedures related to performing strip and/or cavity searches. (LO11) |
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Definition
Must be supported by PC, must be reasonable under the 4th Amendment
STRIP SEARCHES:
There must be PC to believe that the individual is concealing a weapon/controlled substance.
Conducted by person of same sex and done in a manner where no one else can see unless suspect has waived their rights.
Any L.E.O. conducting the search shall prepare a report of the strip search.
Report to include:
Name/Sex of person
Name/Sex of person conducting the search
Time/date/place of search
State of results of the search
BODY CAVITY SEARCH:
Need warrant specifically authorizing a cavity search
Shall be conducted by a licensed physician/registered nurse
They will not be liable in any civil/criminal action when such search is performed in a reasonable manner.
LEO's may be present during search, but only those of the same sex as the person on whom the body cavity search is being conducted.
Evidence must be important
Evidence must be reasonable |
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Term
| Define ethical issues related to custody of evidence. (LO12) |
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Definition
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Term
| Criminal Discharge of a Firearm |
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Definition
Recklessly discharge a firearm at a dwelling, building, structure or vehicle, in which there is a human being.
Firing onto private or public land without permission of the owner (not at a structure) |
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Term
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Definition
Obtaining/exerting control over property/services of another with the intent to permanently deprive the owner of its use or benefit.
Requires ownership of property by another
Separate charge each time a theft is committed
Value of property determines level of crime
Less than $1500 = Misdemeanor
More than $1500 = Felony |
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Term
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Definition
Obtaining unauthorized control over property with intent to temporarily deprive the owner of its use
without owner's consent
Joyriding statute |
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Term
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Definition
Without authority entering into or remaining within a dwelling, building, vehicle with the intent (when you enter); a felony, theft or sexually motivated crime.
Must have initially have intent |
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Term
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Definition
Burglary + Human being is present
If person withdraws consent for suspect to be there and they remain it becomes aggravated burglary |
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Term
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Definition
Knowingly by means of fire/explosives, any building or property; in which another has any interest (someone’s property) without their consent
Value or property is irrelevant
No persons present
Victim must have interest in the property (owner, tenant, leaseholder) |
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Term
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Definition
Arson + Committed upon a property or building in which there is a human being or which results in great bodily harm/disfigurement to another.
Dead body is not a human being and does not count towards aggravated arson
Requires presence of a person / knowledge of presence by suspect is not required.
Great bodily harm to firefighter/LEO in the course of fighting fire or investigation. |
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Term
| Criminal Damage to Property |
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Definition
By means, other than fire or explosives,
knowingly damaging/destroying/defacing
the use of any property in which another has interest without consent
Cost needed to restore property to it's previous condition is the measure of damages.
Reckless conduct by defendant insufficient for charge
Aggravated = $5000+ damage |
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Term
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Definition
Entering/remaining upon any land, structure, vehicle, aircraft; by a person who knows he/she is not authorized to do so, AND
Enters in defiance or an order not to enter or to leave
No trespassing sign posted
Enters in defiance of a restraining order
Voluntary intoxication is not a defense.
Only a court can modify an order NOT to come onto the property |
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Term
| Interference w/ Law Enforcement |
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Definition
Falsely reporting a crime
Tampering with evident to interfere with a criminal investigation
Knowingly obstructing, resisting, or opposing a LEO in the discharge of his/her official duty.
Person substantially hinders LEO’s job |
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Term
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Definition
| Knowingly selling, manufacturing, purchasing or possession bludgeon, sand club, metal knuckles, throwing star, dagger, billy, blackjack, slingshot with the intent to use unlawfully against another OR set a Spring gun. |
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Term
| Criminal Carrying of Weapons |
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Definition
Knowingly carrying any prohibited weapon concealed on one’s person or land.
It is not legal for anyone under 21 to carry any pistol, revolver, or other firearm concealed on one’s person except when such person’s and or in such person’s abode/place of business. |
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Term
| Define the undesirable consequences of unlawful use of force by law enforcement officials. (LO1) |
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Definition
Officers could face civil liability
Officers could face criminal charges
Evidence could be thrown out under the Exclusionary Rule
Loss of employment |
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Term
| Define the various torts under which an officer who uses unlawful force could be held civilly liable. (LO2) |
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Definition
Simple Negligence
Intentional Infliction of Emotional Distress
Endangerment of third parties
Assault
Battery
False Imprisonment |
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Term
| Define the various criminal offences under which an officer who uses an unlawful amount of force could be prosecuted. (LO3) |
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Definition
False Imprisonment
Assault
Battery
Aggravated Battery
Homicide |
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Term
| Define major ethical issues related to use of force. (LO4) |
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Definition
"Rule of necessity"
Necessary force is the only lawful use of force. Use only the degree of force needed to resolve the situation. |
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Term
| Identify the effect of excessive force on the lawfulness of arrest and the admissibility of seized evidence (LO5) |
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Definition
Violating the 4th Amendment by the use of excessive force may result in the arrest being unlawful and the evidence being suppressed
under the Exclusionary Rule.
LEOs must meet legal standard. |
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Term
| Define “non deadly force” (LO6) |
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Definition
| The use of fists, feet, impact weapons, chemical weapons, restraint devices, and dogs is generally considered non-deadly force because theses things do not carry a substantial risk of death or great bodily harm. |
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Term
| Define “deadly force” (LO7) |
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Definition
| Deadly force is the application of force which is reasonably calculated to cause serious injury or death. |
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Term
| Define “bodily injury” (LO8) |
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Definition
| Bodily injury or bodily harm is any touching of the victim against the victim’s will, with physical force in an intentional hostile and aggravated manner. |
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Term
| Define “serious bodily injury” (LO9) |
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Definition
| Serious bodily injury or great bodily injury is serious damage to a person that is likely to result in disfigurement, or death |
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Term
| Define “use of a deadly weapon” (LO10) |
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Definition
| A deadly weapon is any weapon that is likely to cause death or great bodily harm, guns, knives, and cars are some. Many other items are also deadly weapons if used as such. |
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Term
| Identify difference between deadly and non deadly force. (LO11) |
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Definition
| The difference between deadly and non deadly force is that deadly force is calculated to cause serious injury or death while non-deadly force does not carry a substantial risk of death or great bodily harm. |
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Term
| Define situations in which a LEO may be called upon to use force in the performance of on-the-job duties. (LO12) |
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Definition
Effect an arrest
Prevent an escape
Self-defense
Protect a citizen |
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Term
| Define the rules regarding use of deadly force to effect an arrest or prevent an escape. (LO13) |
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Definition
Deadly force may be when an officer reasonability believes that:
Such force is necessary to prevent the arrest from being defeated by resistance or escape AND
The suspect is believed to have committed a felony involving great bodily harm, OR
The suspect is attempting to escape with a deadly weapon, OR
The suspect has indicated he will endanger human life or inflict great bodily harm unless arrested without delay |
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Term
| Identify the rationale behind the rules of law that govern use of force.(LO14) |
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Definition
| The 4th amendment is the basic rule that governs the use of force. Because you are seizing either a person or taking away their right to life if deadly force is used. |
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Term
| Define the constitutional basis of the rules regulating the use of force to effect an arrest. (LO16) |
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Definition
| Courts continue to consider the precise constitutional standards to be applied in cases involving use of force post-arrest, pre-trial detainees, and incarcerated convicted persons |
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Term
LO17 - Define the general rule regarding when deadly force can be used in self defense by a LEO acting in the line
of duty. (LO17) |
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Definition
| In order to justify the use of deadly force there must be an immediate and otherwise unavoidable threat of death or grave bodily harm to the officer. The assailant must also have the ABILITY to inflict the harm, the OPPORTUNITY to use the ability, and the assailant must be behaving in such a manner that a reasonable person would conclude that he is placing the officer in JEOPARDY. |
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Term
| Define the general rule regarding the use of force in defense of others by a LEO acting in the line of duty. (LO18) |
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Definition
| In order to justify the use of deadly force there must be an immediate and otherwise unavoidable threat of death or great bodily harm to another person. The assailant must also have the ABILITY to inflict the harm on the person, the OPPORTUNITY to use that ability and the assailant must be behaving in such a manner that a reasonable person in the officer's shoes would conclude that the suspect is placing someone in JEOPARDY. |
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Term
| Define the general rule regarding the use of force to protect property by a LEO acting in the line of duty. (LO19) |
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Definition
| In order to justify the use of deadly force there must be an immediate and otherwise unavoidable threat of death or great bodily harm to another person. The assailant must also have the ABILITY to inflict the harm on the person, the OPPORTUNITY to use that ability and the assailant must be behaving in such a manner that a reasonable person in the officer's shoes would conclude that the suspect is placing someone in JEOPARDY. |
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Term
| Define the general rule regarding use of force in execution of public duty by a LEO acting in the line of duty. (LO20) |
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Definition
| In order to justify the use of deadly force there must be an immediate and otherwise unavoidable threat of death or great bodily harm to another person. The assailant must also have the ABILITY to inflict the harm on the person, the OPPORTUNITY to use that ability and the assailant must be behaving in such a manner that a reasonable person in the officer's shoes would conclude that the suspect is placing someone in JEOPARDY. |
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Term
| Describe the use of force continuum and explain its levels constrains and cues. (LO1) |
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Definition
Use of Force was designed to help officers make appropriate force decisions under stressful conditions necessary force is the only lawful force
minimal necessary force is the maximum lawful force
should never create a new substantial risk of injury to innocent or uninvolved third parties
force is never used as retribution or punishment |
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Term
| List the four reasons that police officers can use force. (LO2) |
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Definition
In defense of another person
In self-defense
To effect arrest
To prevent arrest from being defeated by resistance or escape. |
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Term
| Identify ethical considerations regarding the use of force. (LO3) |
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Definition
can be more relaxed than the federal, state, department rules
must not interfere with the duty to protect others
right to protect ourselves and duty to protect others |
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Term
| Describe the impact that improper use of force can have on community policing. (LO4) |
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Definition
Improper use of force can have long lasting and far reaching effect on community policing. Incidents affect how the public view officers
people no longer trust the police or feel safe calling the police for help.
There can also be lawsuits, criminal charges, officer safety issues and agency problems when force is improperly used. |
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Term
| Identify three factors that must be present prior to any lawful use of force to protect the officer or an other person. (LO5) |
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Definition
The decision making triad describes the factors.
The offender must have the CAPABILITY, a weapon, combined with the apparent ability to uses the weapon to harm another person, the OPPORTUNITY, the relationship of distance, positioning between suspect and another person allowing suspect to capitalize on the capability to harm, AND the officer must see JEOPARDY, which is an overt move by the suspect to use force, the move must be one that would lead a reasonable officer in the same or similar circumstances to fear injury. |
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Term
| Identify the one plus one theory as it applies to the appropriate use of force. (LO6) |
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Definition
The officer has the right to escalate one level of force above the level of resistance encountered.
It is bases on the common sense assumption that the officer has the right to defend himself or another from an unlawful application of force without unnecessary exposure to injury. |
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Term
| Identify and list in order the levels of resistance to law enforcement authority, beginning with the lowest. (LO7) |
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Definition
| Compliance, Psychological Intimidation, Verbal Non-Compliance, Passive Resistance, Defensive Resistance, Active Aggression, Aggravated Active Aggression |
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Term
| Identify and list in order, the levels of control available to an officer beginning with the least intrusive. (LO8) |
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Definition
Officer presence
Verbal direction
Soft empty hand control (pressure points)
Aerosol Projector/Conducted energy weapons (OC/Taser)
Soft Intermediate weapons (batons to apply leverage or to lock limbs)
Hard Empty Hand Control (strikes)
Impact weapons (baton strikes)
Deadly force |
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Term
| Describe appropriate escalation, in order, as it would apply to a force situation with the officers approach to the situation. (LO9) |
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Definition
Enter at the appropriate level of force
Establish verbal control
Display weapon
Identify weapon
Verbalize consequences of non-compliance
use force
Follow-up-control |
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