- the process of assuring fundamental fairness in application of criminal justice.

- the facts and circumstances which would lead a reasonable person to believe that a condition exists that justifies the action to be taken.

- the accused guilt must be established to the point that facts proven must, by virtue of their probative force, establish guilt.

This term means that the accused did in fact commit the crime or act in question, or there is substantial evidence of proof beyond a reasonable doubt that the accused did so.

i)        Was the accused properly treated in being brought to justice.

ii)      Was he or she give his or her procedural rights

iii)    Was due process adhered to

Crime Control is the efficient enforcement of the criminal laws followed by punishment.

Due process perspective emphasizes following the rules of our justice system.

The rights and privileges afforded to all persons in society by the legislative acts of congress, the state, and local ordinances.

42.USC:1183-

Every person who, under color of any statute, ordinance regulation, custom or usage, of any state or territory, subjects, or causes to be subjected, any citizens of the United States or other persons within the jurisdiction there of to the deprivation of any rights, privileges, or immunities secured by the constitution and laws, shall be liable to the party insured in an action at law, suit in equity or other proper proceeding for redress.

The officer perceives a clash between competing perceptions, values and standards when deciding what behavior is appropriate.

A state of physical and psychological arousal.

A specific event which causes unusually strong emotional reactions and which has the potential to interfere with the ability to function either at the scene or later.

a)      Cognitive- thought processes

b)      Physical- the body

c)       Emotional- feelings

d)      Behavioral- actions or reactions.

a)      Physical exercise

b)      Structured time

c)       Talk to friends and family

d)      Eat healthy foods

e)      Do not make life changes.

           a)      Specific body of knowledge

b)      Extensive preparation through education and training.

c)       Code of ethics

d)      Licensing, regulation, by boards and counsels.

e)      Commitment and obligation to clientele

f)       Relative professional autonomy

g)      Public acknowledgement of status

“The use of individual judgment by officers in making decisions as to which of several behavioral responses is appropriate in specific situations”.

a.       Law Enforcement

b.      Prosecution and Defense

c.       Judiciary

d.      Corrections

 a.       The supreme court of Ohio

b.      Court of appeals

c.       Common pleas court

d.      County court

e.      Municipal court

f.        Mayors court

g.       Court of claims

a.       Quo Warranto- by what authority

b.      Mandamus- re command

c.       Habeas Corpus- that you have the body

d.      Prohibition- prohibits outside jurisdiction

e.      Pecedendo

a.       Felony

b.      Misdemeanor

Define Felony

Two purposes of felony sentencing

a.       To protect the public from future crime by the offender and others.

b.      To punish the offender

a.       The need for incapacitating the offender

b.      The need for deterring the offender and others from future crime.

c.       The need to rehabilitate the offender

d.      The need for making restitution to the victim of the offense, the public, or both.

A felony sentence imposed by the court must satisfy 3 requirements:

a.       It must be reasonably calculated to achieve the considerations of the court.

b.      It must be commensurate with and not demeaning to the seriousness of the offender’s conduct and its impact on the victim.

c.       It must be consistent with sentences imposed for similar crimes committed by other offenders with similar characteristics.

a.       Investigation

b.      Arrest

c.       Bookin

d.      Initial Appearance

e.      Preliminary Hearing

f.        Grand Jury

g.       Arraignment

h.      Pre-trial Motions and Hearings

i.        Trial

j.        Sentencing

k.       Appeal

Seven sequential steps necessary for processing an adult misdemeanor offender through the Criminal Justice System:

a.       Investigation

b.      Arrest/Summons/Citation

c.       Initial Appearance

d.      Arraignment

e.      Trial

f.        Sentencing

g.       Appeal

a.       Investigation

b.      Taking into custody

c.       Intake/Detention hearing

d.      Formal complaint

e.      Pre-adjudication hearing

f.        Preliminary conferences

g.       Adjudication hearing (Trial)

h.      Disposition

i.       Appeal

Factors which most likely contribute to unethical behavior:

a.       Anger

b.      Lust

c.       Greed

d.      Peer Pressure

 a.       You have an ethical responsibility to treat everyone professionally

b.      You have an ethical responsibility to yourself to maintain your self-respect

c.       You have an ethical responsibility to you own profession

d.      You have an ethical responsibility to your family

e.      You have an ethical responsibility to your community

f.        You have an ethical responsibility to citizens to NEVER allow cynicism to cloud your view of the people whom you serve.

g.       You have an ethical responsibility to NEVER use excessive physical force when controlling combative individuals.

h.      You have an ethical responsibility to NEVER accept gratuities.

You have an ethical responsibility to NEVER commit perjury.

a.       Unwelcomed, sexual advance, request for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when:

      i.      Submission to such conduct is made explicitly or implicitly in term of an individual’s employment.

  ii.      Submission to a rejection of such conduct by an individual is used as the basis for employment decisions affect such individual.

 iii.      Such conduct has a purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating hostile or offensive working environment.

Philosophy

Commitment

Personalized

Proactive

Trust

Enforcement

Special needs

Grass-roots

Change

Futuristic

·         Partnerships: Building relationships through teamwork and collaboration

·         Empowerment: The optimum use of internal (law enforcement agency) and external(community) relationships- appeasement vs. empowerment

·         Problem solving: Prevention, Enforcement, and Proactive

Scanning

Analysis

Response
Assessment

Neighborhood watch

Citizen police academies

Preservation of knowledge in written form

Foundation of the formal report

Aids in further investigation

Evidence in court

Documentation of the officer’s efforts in the field

Complete Information on victims, witnesses, and suspects involved

Date and 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

Other information important

Corresponding Report Number

• Head notebook page with day and time of shift
• Write or print neatly so that you can read and understand your notes later
• Do not place information from one incident on the same page with information from another
• Record all information in ink
• Let victims and witnesses talk through the event before you start recording notes
• Ask clarifying and 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
• Remember officer safety when taking field notes. Pay attention to your surroundings and do not become so involved with writing notes that you place yourself in jeopardy

Who

What

When

How

Where

Why

Complete

Concise

Clear

Correct

a.       Reduce collisions

b.      Reduce personal injury

c.       Reduce the liability against the driver, community, or agency

d.      Increase the level of attention to the driving task

e.      Increase the desire to continue to improve as a driver

f.        Create higher levels of maturity in the driver

g.       Create greater emotional control and discipline

h.      Reduce risk acceptance when there is insufficient gain

i.        Reduce stress levels on the driver

j.        Improve image as a role model and professional

k.       Increase information- processing and decision making skills necessary to avoid potential collision situations

l.        Improve skills necessary to cope with on-going driving conditions

m.    Improve vehicle control skills to cope with normal and abnormal conditions

n.     Improve skills which carry over into off-job driving responsibilities

a.       Mechanical conditions under the hood

b.      Interior conditions

c.       Exterior conditions

 a.       Better vehicle control

b.      Less chance of injury or death

c.       Lower medical costs if involved in a crash

d.      Less time lost from work or away from family

e.      Better role model to the community

It’s the law- the public does notice when officers are not belted

a.       Centrifugal force

b.      Centripetal force

c.       Inertia

d.      Momentum

e.      Velocity

f.        Gravity

Friction

a.       Driver-Perception skills, Physical reaction capabilities, Physiological impairments, Emotional control

b.      Environment- road surface, road grade, road type, visibility

c.      Vehicle- Speed, braking system, suspension system and steering components, tires, vehicle weight and distribution of extra weight

a.       Backing

b.      Parking

c.       Road positioning

d.      Turnabouts

e.      Lane changing

Driving too fast for conditions- Hydroplaning, at intersections, hills, curves, passing/following vehicles

Identify acceptable vehicle control methods

a.       Acceleration/Deceleration

b.      Acceptable hand positioning methods and advantages

c.      Acceptable hand movements for steering methods

a.       Perception

b.      Steering

c.       Braking

d.      Speed Control

e.      Roadway positioning

a.       On straight, flat roads

b.      When stopped

c.       When the drivers view is free from obstruction

d.      During slow speed

e.      Non-intersection areas

f.        Avoid driving one-handed

g.       Secure microphone when not in use

h.      Reduce sound distraction

i.        Have a partner use the radio

j.        Know radio codes, language, street names

k.       Speak clearly and efficiently

a.       Call to duty

b.      Inherently dangerous situation

c.       Demands immediate response

a.       Headlights

      i.      Extremely useful especially during daylight hours

      ii.      Highbeams have tendancy to blind oncoming traffic during dark

b.      Lights and sirens

      i.      Often required by statute

      ii.      Use both on emergency response or pursuit

      iii.      They do not replace good decision making or driving skill

      iv.      Weather can impact effectiveness of both

      v.      Surroundings may effect both

     vi.      May not be as effectively interpreted by drivers or pedestrians

      vii.      Effectiveness lost as speeds increase

      viii.      Often promote an “Invincibility Syndrome”

a.       Accurate and precise use of the radio

b.      Radio Transmission Accuracy

c.       When to use car radio

d.      Factors which can influence Radio use: The siren, Heavy traffic, Loud engine noise from acceleration

e.      Content of your radio transmission: Identify yourself, advise the situation, advise you location and direction of travel

a.       Most directly effected by traffic density

b.      Avoid heavy pedestrian traffic

c.       Avoid slow moving traffic areas- construction, school zones

d.      Select roads with acceptable lines of sight

Consider time of day, weather and visibility

a.       Steering- countersteering, over-correct steering, steering in a skid, understeer, oversteer.

b.      Braking- front wheel lock up, all wheels locked, rear wheel lock up, brake fade

c.       Cornering- centrifugal force, centripetal force

a.       Two-hand high speed steering

b.      Shuffle steering

c.       Hand over hand steering

 a.       Search 12 seconds ahead

b.      Start lane position adjustments prior to reaching the corner

c.       Depending on the approach speed, braking may not be necessary

      i.      Accomplish necessary braking before reaching the corner/curve

d.      Begin steering actions while driving towards the apex of the corner

     i.      Avoid aggressive steering movements

e.      As the vehicle passes through the apex, steer the vehicle toward the exiting lane position

f.        Acceleration and steering adjustments are added at this moment

a.       Avoid backing unless absolutely necessary

b.      Back in a straight line if possible

c.       Both mirror use and over the shoulder are acceptable

       i.      This depends on cricumstances

       ii.      Mirrors are for tight confined spaces

       iii.      Over the shoulder allows for wider field of vision

       iv.      Using both provides the driver with the best overall view

 a.       Quick, sudden braking

b.      Evasive steering or sudden lane change

c.       Clearing intersections

            i.      Clear a lane at a time, left/ right and front

            ii.      Place chin near shoulder left to right in order to insure center vision down cross lanes

            iii.      Change siren pitch in advance of intersection

1.       Return to two hand driving near intersection and concentrate on lane clearing.

 a.       ORC 2744.01-

                           i.      Call to duty

                           ii.      Inherently dangerous

                          iii.      Need of immediate response

b.      ORC 4511.03-

      i.      Allows officers to drive through red lights and stops signs, USING DUE REGARD.

c.       ORC 4511.24-

         i.      Allows officers to drive above the speed limit, while USING DUE REGARD.

d.      ORC 4511.45-

      i.      Give officers the right of way, in which vehicles must pull over to the right side of the road for the officer to pass.

e.      ORC 4513. 21-

    i.      Allows officers to have emergency sound signals(horns, sirens, and warning devices) that may be heard from 500 feet, as opposed to the civilian standard of 200 feet.

f.        ORC 4511.041-

     i.      Officers are not exempt from passing school buses.

g.       ORC 2744. 02-

      i.      Liability and Defenses

 a.       Legal Authority and Agency Policy

b.      Environmental Factors

c.       Vehicular Factors

d.      Human Factors

e.      Ethical Considerations

f.        Supervision Considerations

g.       Seriousness of the offense or suspicion

a.       Generally, no more than two law enforcement vehicles involved in direct pursuit.

b.      The pursuit should be conducted by officers who are not emotionally involved.

c.       Unmarked vehicles, covert surveillance vehicles, vans, motorcycles and law enforcement vehicles with civilian passengers or those that are not designed for pursuit oriented dynamics should not be involved in the pursuit.

d.      Inability to see approaching/cross traffic at an intersection requires a full stop prior to proceeding

e.      No intentional contact with the violator vehicle; i.e., P.I.T. maneuvers, ramming, blocking, fixed or moving roadblocks should be initiated, unless such force is authorized or required, and the officer is trained in the technique.

f.        No shooting at, or from moving vehicles unless agency policy authorizes and deadly force is warranted.

g.       Lights and siren devices should be in operation at all times.

h.      Use good driving techniques.

i.        The interior of your vehicle must retain free of loose objects.

j.        Communicate with the public using the patrol’s vehicle emergency warning devices.

k.       Keep Ohio Revised Code and agency policy in mind when operating emergency equipment.

l.        Officers should avoid approaching and passing another vehicle on the right when emergency warning devices on the law enforcement vehicle are in operation.

m.    Even during daylight, headlights should be used in conjunction with emergency lights.

n.      During darkness, high beams may obliterate emergency lights and blind oncoming drivers.

o.      Emergency warning devices are not substitutes for caution and professional driving skills. They do not relieve the officer from the duty or exercising due care/regard for the safety of others.

a.       Do the hazards of continuing the pursuit outweigh the hazards of the violation?

b.      Can an arrest be made at a later time because the operator of the fleeing vehicle has been identified?

c.       Has the pursuing officer lost sight of the fleeing vehicle for an appreciable length of time causing the pursuing officer to question the location of the vehicle.

d.      Have conditions changed appreciably since the pursuit began?

        i.      To the violator’s vehicle

        ii.      To the patrol vehicle

        iii.      To the environment

        iv.      To the officer

 a.       The following areas should be considered when officers formulate split second plans for actions associated with pursuit terminations:

                   i.      Safety of public, suspects, and officer

                   ii.      Termination without apprehension(Review)

1.       Consider Violator vehicle type and passengers

                   iii.      Contact with telecommunications

                   iv.      Acknowledgement of psychological and physiological state of both officer(s) and suspect.

               v.      Pursuit termination- high-risk felony stop situations

                   vi.      Documentation needed(Reports)

a.       Felonious Assault

b.      Crash

c.       All tactics used by officers when making a traffic stop must account for these two possibilities in order to protect  against injury, death, or both.

a.       Probable cause

b.      Reasonable suspicion

a.       To maintain control of situations concerning:

                                                                                                  i.      Traffic

                                                                                                ii.      People

a.       Unknown Risk

b.      Elevated Risk

c.       High Risk

 a.       Greet

 b.      Give them your I.D.

 c.       Reason- Don’t ask, Tell

 d.      Justification- Ask why

 e.      Request the suspect’s license, CCW license, if necessary

 f.        Request the suspect’s registration and insurance papers

 g.       Decision- ticket, warning, OVI.

 h.      Close-not “Have a nice day”

a.       Standard left-side walk up

b.      Standard right-side walk up

c.       Tactical left-side walk up

d.      Tactical right-side walk up

 a.       The officer is still inside the cruiser with the cruiser moving or parked.

 b.      The officer has exited the cruiser with the cruiser door opened or closed.

 c.       The officer is beside the cruiser hood.

 d.      The officer is in the open space between the bumpers of the suspect’s car and the cruiser’s.

 e.      The officer is beside the trunk area of the suspect’s vehicle.

 f.        The officer is at the “suspect contact position” directly behind the trailing edge of the driver’s side door.

 g.       The officer is ahead of the driver’s side door. (Post ahead position)

 h.      The officer is approaching from the right side.

a.       Fire through windshield, retreat with cruiser.

b.      Get in low position, Draw, Fire if necessary from A-pillar

c.       Retreat or forward toward passenger side.

d.      Move to low cover/concealment between vehicles, Draw, Fire if necessary

e.      Move to low cover/concealment between vehicles, Draw, Fire if necessary

f.        Attack suspects weapon and control muzzle, Draw, Fire if necessary

g.       If possible, move onto hood area, Draw, Fire if necessary

h.      Move to low cover, concealment, draw, fire if necessary

a.       Perceive the threat

b.      Evaluate intention and available delivery system

c.       Decide on an appropriate tactical response

d.      Act or respond to the threat

a.       Keys

b.      Hands

c.       Eyes-face them away from officer

a.       Initiate high risk vehicle stop

b.      Position cruisers for high risk vehicle stop

c.       Fulfill assigned area of responsibility

d.      Maintain control of all occupants

e.      Control exit of Suspect#1

f.        Handcuff, search and secure Suspect #1 for transport

g.       Control exit of Suspect#2

h.      Handcuff, search and secure Suspect#2 for transport

i.         Clearing the suspect vehicle

1)      SPO#1-         Treat all firearms as if they were already loaded.

2)      SPO#2-         Never point a gun at anything you do not want to shoot.

3)      SPO#3-         Keep your finger off the trigger until you are on target (and made the decision to fire).

4)      SPO#4-         Be sure of your backstop(target) and what is beyond. (Properly identify, and justify shooting)

 i)        Actus Reus-conduct, a willed unlawful act

ii)      Harm

 iii)    Causation

 iv)    Mens Rea- mental state ( the guilty mind) doesn’t require intent

 v)      Concurrence

 i)        Purposely

ii)      Knowingly- aware that conduct will probably cause a certain result. (Felonious assault, theft, criminal damaging)

 iii)    Recklessly- with heedless indifference to the consequence. ( Pubic indecency, criminal damaging, criminal trespassing)

 iv)    Negligently- Beacause of substantial laps from due care, fails to perceive of avoid a risk that may conduct may cause a certain result, (Criminal trespassing, negligent homicide)

 ·         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 (severe) pain of such duration as to result in substantial suffering or that involves any degree of prolonged or intractable pain.

Any physical harm to property that does either of the following:

·         Results in substantial loss to the value of the property or requires a substantial amount of time, effort, or money to repair or replace.

·         Temporarily prevents the use or enjoyment of the property or substantially interferes with its use or enjoyment for an extended period of time.

1)      The first priority is to protect the crash victims and the first responders.

2)      Check for injuries

        a)      Even if you were dispatched to a non-injury crash, check for injuries 

        b)      EMS should always be requested to respond to the scene, if an injury is reported or suspected.

        c)       If responding to a fatality, always protect and cover up the victims.

        d)      Any injured or deceased victims should be treated the same as you would treat your own family members.

3)      Protect the involved vehicles and other evidence at the collision scene.

 1)      The incident includes one or more occurrences of injury or damage.

 2)      At least one occurrence of injury or damage that was not the direct result of a cataclysm.

 3)      The incident involved one or more motor vehicles.

 4)      At least one motor vehicle was in transport.

 5)      The incident was an unstabilized situation.

 6)      The unstabilized situation originated on a traffic way or the injury or the damage occurred on a traffic way.

 7)      If the incident involved a railway train in transport, a motor vehicle was involved prior to any injury or damage involving the train.

 8)      Neither an aircraft in-transport nor a watercraft in-transport was involved in the incident.

 9)      If all of these conditions are met, and the property damage is over 1,000$, the officer will need to complete an OH-1.

Sequence of Events in a traffic collision- to describe the sequence of event at the scene of the collision, an officer must work backwards, starting with the final rest location and the back to the encroachment of the involved traffic units.

1)      Encroachment- entering or intruding into the rightful path or area of another traffic unit.

2)      Point of possible perception- place and time at which the hazard could have been perceived by a normal person; precedes actual perception and is the beginning of perception delay.

3)      Point of perception- location and time where and when the person recognized the hazard.

4)      Evasive action- action or combination of actions taken, such as steering or braking, to avoid a collision or other hazardous situation; includes the results of an initial evasive action such as braking and skidding or slowing.

5)      Point of no escape- the place and time after or beyond which the crash cannot be prevented by a particular traffic unit.

6)      First harmful event- the first occurrence of injury or damage in the collision.

7)      Maximum engagement- the greatest penetration of one body, such as a vehicle, by another during collision; instant of greatest force between objects in collision; the time and place of this occurrence and the position of the bodies with respect to each other at this instant.

8)      Disengagement- separation of traffic units or disengagement of a traffic unit and another object after maximum engagement.

9)      Final rest- location where traffic unit came to a rest after a collision; in determining final rest, investigators should find out whether the vehicle stopped at the position at which it was found, or if it was driven/moved to that position after the collision. 

Contact Damage- Caused by direct contact with some object which is not a part of the vehicle.

Induced Damage- is when part of the vehicle is displaced 

1.       The officers should photograph everything that was damaged and all physical evidence.

2.       The entire sequence of events:

     a.       Photograph the view from the driver’s perception point.

     b.      View from the driver’s reaction point

     c.       View from the driver’s point of no escape

3.       The approach to the collision scene

4.       Surface marks on the roadway

5.       The area of impact

6.       Final Rest

7.       Evidence from the scene 

ORC 2903.09

ORC 2905.12

 1. Actus Reus → guilty act
 

2. Mens Rea → guilty mind
 

3. Causation → connection between ∆'s voluntary act and resulting harm
 

4. Concurrence → simultaneous connection between actus reus and mens rea

Any touching of an erogenous zone of another, including without limitation the:

·         Thigh

·         Genitals

·         Buttock

·         Pubic Region, or

If the person is female, a breast

 A person married to an offender at the time of the alleged offense, except that such person shall not be considered a spouse when any of the following apply:

·         When the parties have entered into a written separation agreement authorized by section 3103.06 of the ORC.

 ·         During the pendency of an action between the parties for annulment, divorce, dissolution or marriage or legal separation.

In the case of an action for legal separation, after the effective date of the judgment for legal separation.

·         Desire (power, revenge, narcotics usage)

·         Victim (easy target)

·         Opportunity (in plain view in car, open garage)

 A pattern of attitudes and behaviors directed both at reducing the threat of crime and enhancing the sense of safety and security:

·         To positively influence the quality of life in our society

 ·         To help develop environments where crime cannot flourish.

1.       Know your surroundings- 360⁰

2.       Lock your doors and windows

3.       Don’t leave valuables in the vehicle (if you must, use the trunk)

4.       Know your neighbors and be sure they know you.

5.       Don’t talk to strangers

6.       Walk with confidence

7.       Don’t flash cash

8.       Take a friend

9.       Walk in well-lit areas

10.   Practice random irregularity

                 Deny (opportunity for crime to occur)

                Delay (locks, alarms)          

                 Detect ( security alarms)

                Deter (warning dog sign, protected by Glock sign)

 ·         Identify security risks

·         Define the precautionary measures and protection needed

 ·         Make recommendations to help minimize criminal opportunity

1.       Unlawful search and seizure

2.       False arrest

3.       Traffic accidents

4.       Excessive force claims

 1.       The training is inadequate

2.       The city is deliberately indifferent to the rights of the person with whom the officers have contact.

 3.       The lack of training was the proximate cause of the plaintiff’s injuries.

·         Severity of the crime

·         Immediate threats to officer(s) or other

·         Whether suspect is actively resisting

• Whether suspect was evading arrest by flight.

ORC 2925.12

"Handgun" means any of the following:

(1) Any firearm that has a short stock and is designed to be held and fired by the use of a single hand; (2) Any combination of parts from which a firearm of a type described in division (C)(1) of this section can be assembled

 "Dangerous ordnance" means any of the following, except as provided in division (L) of this section:

(1) Any automatic or sawed-off firearm, zip-gun, or ballistic knife;

(2) Any explosive device or incendiary device;

(3) Nitroglycerin, nitrocellulose, nitrostarch, PETN, cyclonite, TNT, picric acid, and other high explosives; amatol, tritonal, tetrytol, pentolite, pecretol, cyclotol, and other high explosive compositions; plastic explosives; dynamite, blasting gelatin, gelatin dynamite, sensitized ammonium nitrate, liquid-oxygen blasting explosives, blasting powder, and other blasting agents; and any other explosive substance having sufficient brisance or power to be particularly suitable for use as a military explosive, or for use in mining, quarrying, excavating, or demolitions;

(4) Any firearm, rocket launcher, mortar, artillery piece, grenade, mine, bomb, torpedo, or similar weapon, designed and manufactured for military purposes, and the ammunition for that weapon;

(5) Any firearm muffler or silencer;

(6) Any combination of parts that is intended by the owner for use in converting any firearm or other device into a dangerous ordnance.

·         The item(s) involved are associated with criminal activity as either evidence of criminal activity or contraband; and

·         It is more likely than not the item(s) will be found in the place the officer wishes to search

·         Totality of the circumstances

·         Defendant’s conduct

·         Officers are required to articulate a reasonable belief that the suspect is armed AND

·         The suspect poses a threat to them

 ·         The officers must be legally on the premises from where the observation is made.

·         The officers must not violate the 4^th amendment to make the observation.

 ·         The incriminating nature of the item must be immediately apparent.

 ·         The car was lawfully impounded

·         The inventory was conducted after the impoundment

 ·         The owner was not present to make other arrangements for the safekeeping of the vehicle

 ·         The inventory was prompted by valuables in plain view and was pursuant to standard police procedure

 ·         The inventory search was not a pretext to conceal an investigatory search

 ·         An intent to arrest

·         Under real or assumed authority

 ·         Accompanied by an actual or constructive seizure or detention of the person

 ·         Which is understood by the person arrested

 ·         A warrant must be supported by probable cause

·         Affidavit must be supported by oath or affirmation

 ·         Person seized must be particularly described

 ·         Warrant must state the nature of the offense

 ·         Warrant must designate the officer or class of officers who are directed to comply with the order of the court

 ·         Warrant must be issued in the name of the State or United States

 ·         Warrant must be issued and signed by a neutral detached judicial officer.

 ·         The usual method of identifying the person to be arrested is to insert his/her name in the warrant.

·         A warrant that leaves a blank for the arresting officer to fill in the name at a later time violates the 4^th amendment standards for particularity.

 ·         The executing officer must be specifically names or fall within the class designated on the warrant.

·         Warrant must be executed within the jurisdictional limits.’

 ·         Arresting officer should make known his/her purpose.

 ·         Officer usually must show the arrest warrant or advise the arrestee that a warrant has been issued.

 ·         There is also a warrant to search the premises for the person to be arrested, or

·         The officer has consent to enter, or

 ·         There are exigent circumstances.

1.       Personal Observations

2.       Informant’s tips

3.       Reports from other officers or law enforcement agencies

4.       Leads furnished by the victim or witness to the crime

5.       Physical evidence found at the scene

6.       Past criminal records of the suspect

7.       Non-custodial statements made by a suspect