POST Study 4 Flashcards by G Holland

What are three rights an arrested person has under the 5th Amendment?

Right to remain silent
(any statement will be used again you)

Right to Counsel
(attorney present during questioning)

Right to Attorney
( if you cannot afford one. One will be appointed to you)

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What amendment relates to use of force?

4th

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When you arrest someone do you have to render aid?

Yes

But only when it is SAFE to do so

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These are examples of what kind of stress?

-Weight gain
-Sleeplessness
-Irritability
-Substance abuse problems

Short Term Stress

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What nutrients is the body’s primary source for energy?

Carbs

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What are some discriptors of distress?

Distress=BAD
-negative experience
-trauma
-anger

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What can lead to misconduct?

-Anger
-Lust
-Greed
-Peer Pressure

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Tools for enforcing and reporting professional standards?

-Chain of command
-Policy and procedures
-Direct confrontation

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ACT
A stands for what?

identify Alternatives

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ACT
C stands for what?

project the consequences

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ACT
T stands for what?

Tell your story

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FITT stands for what

Frequency, Intensity, Time, Type

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Attitude or hostility directed against an individual

Prejudice

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Beliefs that a person holds true

Values

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Concerned with actions, processes and consequences that are morally right, honorable and equitable

Justice and Fairness

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Concern for others, compassion, empathy, kindness, charity

Caring

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The duties, rights, conduct and responsibilities of a citizen respecting authority and law beyond my own self

Civic Virtue & Citizenship

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Sixth Amendment

Right to Confront Witnesses

Right to Counsel(formally charged)

Right to Impartial Jury

Right to trial by jury in criminal matters

Right to attorney after complaint is filed

Right to fair and honest judge

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The “Incorporation Amendment”
Sets forth the privileges and immunities of citizens

14th Amendment

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_______________________is the possession of information that would lead a person of ordinary care and prudence to believe or entertain an honest and strong presumption that a person has, is, or is about to commit a crime.

Probable Cause

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Is evidence that is highly and substantively more likely to be true than untrue.

Clear and Convincing

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is not mere possible doubt – it is beyond dispute any reasonable alternative is possible.

Beyond a Reasonable Doubt

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What is the burden of proof for a felony preliminary hearing?

Probable Cause

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The burden of proof at a civil trial is?

Preponderance

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Who holds the burden of proof at a criminal trial?

Prosecutor

what amendment states to notify a suspect what they are being charging them with

5th Amendment

A formal arrest or as soon as the person's freedom of action is curtailed to a degree associated with a formal arrest

Custody

When a reasonable person would not feel free to leave or decline the officer's request?

Detention

Applies to warrantless seizures of items while lawfully and constitutionally in a protected area (EX. you see a marijuana pipe in a passenger seat on a traffic stop)

Plain View Doctrine

Out in the public where there is no expectation of privacy. 4th amendment doesn't apply (EX. you see someone selling drugs in a park)

Open View Doctrine

What amendment applies to Plain View?

4th

Applies when the suspect is in custody. When invoked you must stop all questioning.

5th

Idaho is in the what circuit out of 13?

9th

Consequences of making a false arrest

criminal liability evidence suppressed department discipline

3 rights an arrested person has under the 5th amendment

right to remain silent right to counsel right to attorney

3 types of evidence

1. Tangible evidence (real, physical ie drugs weapons, blood, video tape) 2. Testimonial evidence (information stated on the stand, eye witnesses, expert witnesses (doctors, specific experts ie more knowledge than a normal person) 3. Demonstrative Evidence (crash enactment, visual picture of scene next day, All evidence must be admissible

Magna Carta

a document constituting a fundamental guarantee of rights and privileges. NULIFY LAWS AND INTERACT WITH CONGRESS

Means no person shall be deprived of life liberty or property

Due Process

If a minor is charged with a status offense, which type of court will the juvenile case be heard?

Magistrate Court

In relation to "discretion" in charging, which of the following statements is TRUE: A - The judge decides if to charge, who to charge and what to charge. B - The prosecutor decides if to charge, who to charge and what to charge. C - The legislature decides if to charge, who to charge and what to charge. D - None of the above are True.

B - The prosecutor decides if to charge, who to charge and what to charge.

The general punishment for a misdemeanor, unless otherwise stated in the specific statute, is a maximum punishment of:

6 months in County Jail and/or $1,000 Fine

Which of the following is NOT a person involved at or before the commission of a felony? A - Accessory B - Aider C - Abettor D - Principal

A - Accessory

This Amendment to the U.S. Constitution gives the people the right to be secure in their persons, houses, papers and effects against unreasonable searches and seizures.

4th Amendment

What crime would be considered a bad pick pocket

Robbery

What crime would be considered a good pick pocket

Grand Theft

Which of the following is TRUE regarding the definition of "crime" as found in the Idaho Code? A- An act committed but not omitted in violation of a law forbidding it. B - A civil public offense committed in violation of a law commanding it. C - An act or omission not in violation of a law forbidding or commanding it. D - None of the above is True.

D - None of the above is True.

What landmark decision abolished the "Silver Platter Doctrine" and made the Exclusionary Rule applicable to State government actors?

Mapp v. Ohio

Which of the following is an example of "Open View" where the 4th Amendment does NOT apply: A -Officer standing on front porch of your home looking through a door window. B - Officer hiding behind tree in city park viewing drugs being sold near the swings. C - Officer executing a search warrant for grand pianos but the room also contains stolen guitars. D - None of the above would be considered "Open View."

B - Officer hiding behind tree in city park viewing drugs being sold near the swings

True or False - The right against self-incrimination is a result of the 5th Amendment.

True

Chip has no idea Dale stole a bag of acorns from Mickey's house, but he is more than happy to help Dale hide them. Chip is a(n): Aider A -Accomplice B - Accessory C - Abettor

B - Accessory

A felony preliminary hearing occurs in which court?

Magistrate

Chimel v. California was the landmark decision introducing this 4th Amendment exception:

Search or the lunge area

An officer may not make an arrest for: A - Robbery committed outside of the officer's presence B - Misdemeanor domestic violence committed in the officer's presence C - A speeding violation committed in the officer's presence

C - A speeding violation committed in the officer's presence

Appeals from the magistrate court are sent to:

District Court

Person who is the ______________________ in the commission of crime

Accomplice

person who are ______________ or_________________ someone to commit a crime.

Aider/Abettor (assist someone committing or encouraging them)

someone who harbors or conceals a person _______________ the commission of the crime (after the fact)

Accessory (after the fact)

More than preponderance but less than reasonable doubt

Clear and convincing

right to bail is what amendment

8th

The Exclusionary Rule Evidence discovered as a result of the ____________________ violation. what amendments does it violate

Constitutional 4th ,5th ,6th

the exclusionary rule Exceptions to the rule

Independent Sources Inevitable Discovery

fruit of the poisonous tree case

Silvethorne Lumber Co

Most important 5th amendment case

Miranda v. Arizona

exclusionary rule case ending the silver platter doctrine

Mapp v. Ohio

1913 case laid the basis for exclusionary rule

Weeks v US

Misdemeanor Punishments

6 months in the county jail and or 1,000 fine County Jail

Felony Punishments

5 years and not exceeding 50,000 State Prison

inflammation of the liver fecal or oral contact blood and body fluids

Hepatitis

MRSA stands for what?

methicillin-resistant staphylococcus aureus

Tiny mites female buries eggs under first layer of skin in moist areas

Scabies

3 types of burns

Chemical, Thermal and Electrical

Burns - superfical skin layer no blisters (sunburn)

1st degree

Burns - Partial skin layer (Blisters)

2nd Degree

Burns - Deeper Skin layers

3rd Degree

The swelling of the brain from blunt force and brain bouncing off the skull

Concusion

IC 49-623 is what?

Respond with Due Regard

Do Missing persons get put into NCIC?

Yes

Distance to conduct a interview

4 to 6 feet

Edge weapon distance

30 to 35 feet

Skill set to protect people, Well trained - ‘Warrior'

Guardsman

Influences others tactfully with 'words'

Statesman

Knows the policy/procedures and the laws - ‘Knowledgeable'

Scholar

If carrying a second weapon what are things to consider

Placement Type of caliber Holster

L.E.E.D

Listen (actively) Explain (provide and why) Equity (Be Fair) Dignity (maintian RESPECT)

C.R.S.T

Control Restraint Search Transport

What are the 5 C's

Contain Control Create a plan Communicate Call SWAT

three types of individuals who take hostages

1. terrorist 2. Criminal 3. Psychotics

Reasons for producing properly documented police reports

-record relevant facts -communicate police activity -document Events -Identify areas necessary for follow up by officers -Identify and relate information, other incidents

S.P.E.A.R

Stance Posture Eye contact Attending Behavior Relax

law enforcement zone

4 to 6 feet

when and where are no contact orders issues

at arraignment by a judge 1 sided

second harrasment charge is a what

Felony

characteristics of a predominant aggressor

power and control

stalking is what

course of conduct

The 3 major areas identified for officer saftey & survival (according to below 100)

1. seatbelt 2. speed 3. balistic vest

What is the deadly mix?

1. officer 2. circumastances 3. offender/ suspect

What are obstacles that prevent or inhibit communication

Language barrier Disability Bias Body language Lack of trust

True or False When trying to De-escalate the situation the first step is to provide many choices to the excited subject (excited delirium person)

False - do not give them any options

When would yo do a video interview?

Use a video interview as your last resort. have a recording of the video chat.

what is the biggest or most problematic/obsticales thing officers face when interviewing someone?

Ego Challenge / Anger

if an intervention of a mental health crisis is not handled effectivly an officer could face... a. public scrutiny b. physical injury c. agency liability d. all the above

d. all of the above

true or false stigma is a mark of disgrace?

True

true or false WHY questions tend to make people defensive?

True why questions tend to put people on the defensive side.

true or false Aging disorders include Alzheimers, vision loss, and hearing loss

True it will include Alzheimers, vision loss and hearing loss

true or false individuals with ADHD rarley have another disordered

False

true or false ASD (autism) effects communication, socialization and making judgment

True it will effect all types off ways of judgment

true or false an individual with a developmental disability is rarely a victim

False

___________ consists of a planned and coordinated multidisciplinary process to detect, respond to, and clear traffic incidents so that traffic flow may be restored saftey and quickly as possible

TIM

true or false blocking is the act of positioning a first responder vehicle upstream of an incident to obstruct the flow of traffic in one or more lanes, and/or the shoulder

True blocking is placing your vehicle to devert traffic

Opiates (pills) blocks pain

Narcotics

Psychedelic ("mind-manifesting") drugs, such as LSD

Hallucinogens

High potential for abuse and have medical use with severe restrictions (coke, meth,PCP)

Schedule II Drugs

Highest potential for abuse, no therapeutic use, (Heroine marijuana LSD)

Schedule I Drugs

* Less abuse potential than schedule 1&2 drugs * Accepted medical uses * Moderate or low physical dependence * High psychological dependence (anabolic steriods)

Schedule III Drugs

* Lower abuse potential than schedule 3 drugs * Accepted medical uses * Limited physical or psychological dependence (xanax)

Schedule IV Drugs

low abuse potential; no prescription needed for adults over the age of 18

Schedule V Drugs

Schedule? MISD or FELONY Methamphetamine

Schedule II - FELONY

Schedule? MISD or FELONY cocaine

Schedule II - FELONY

Schedule? MISD or FELONY heroin

Schedule I - FELONY

Schedule? MISD or FELONY Ecstasy

Schedule I - FELONY

How many grams in an Ounce?

28 Grams =0.988 ounces

Domestic Terrorism Examples

-soverign citizen extremists -constitutional extremist -malitia extremist -white supremacist extremists -anarchist extremists -animal rights extremists(animal liberation front ALF) -environmental extremists (earth liberation front ELF)

what is a status offender

juvenile who commits acts that would not be crimes if committed by adults (smoking cigarettes, skipping school)

what is a delinquent offender

youths that commit acts that would be crimes if committed by adults(Battery, murder)

danger of a car fire sides?

front and rear

characteristics of a sovern citizen?

travel doc no driver license off punctionation of names errogant

where do you have to take an out of state run away?

to the nearest juvenile detention

possession of mushrooms - Felony or Misdemeanor?

Misdemeanor

3 type of drug tests

NIC NARC TruNarc

gap skids are

intermittent braking

Skip skids are

Rear wheels begin to bounce, generally seen in unloaded trailers or trucks

yaw or scuff mark are

Curved tire marks that indicate the vehicle was slipping sideways while at the same time continuing in a forward motion. Critical Speed Mark

what should you do with a crash involving an emergency vehicle?

have an outside investigation, parrel investigation and a recon guy on scene

Seekamp v. Michaud

Good road block. Roadblock was found to be a reasonable use of force under the circumstances.

Brower V Inyo County (Bad Road Block)

Set standards for road blocks as siezures under the 4th amendment Use of force must be reasonable

True or False Attitude has the greatest influence on an officer's driving performance and judgment process.

True

DUI Phase one

Vehicle in Motion

Examples of Phase One DUI

Wide turns Failure to maintain lane Failure to use turning signal Stopping and acceleration Almost hitting things No lights at night (dark out) Running red lights or stopping at green lights Following to close Speeding

DUI Phase two

Personal contact Should i instruct the driver to exit the vehicle

DUI Phase three

arrest screening*** Should i arrest the operator for DUI

having statutory prohibited blood alcohol content, operating a vehicle while having more than the legal percent of alcohol in blood or breath

Per se law DUI

What are the 3 steps of Standard Field Sobriety Tests

1.Horizontal Gaze Nystagmus 2.Walk and Turn 3.One Leg Stand

What are you looking for under Horizontal Gaze Nystagmus

1.Lack of Smooth Pursuit 2. Distinct and Sustained Nystagmus at maximum diviation 3. Onset of Nystagmus prior to 45 degrees

Involuntary rapid eye movements

Nystagmus

What are the stages for walk and turn

1. Instruction Stage 2. Walking Stage

HGN is caused from or by

CNS depressants, Inhalants and Dissociative Anesthetics (DIDA Drugs)

what does vertical gaze nystagmus check?

Vertical gaze nystagmus checks for how high the dosage is in the body

what are the clues of walk and turn

1. cant keep balance 2. starts to soon 3. stops while walking 4. does not touch heel to toe 5. steps off line 6. uses arm for balance 7. improper turn 8. incorrect number of steps

how many clues does it take to fail the walk and turn out / 8

2 out of 8

How many clues are in the HGN test?

3 per eye / Total of 6

how many clues in HGN to get a pretty accurate idea of a DUI

4 out of 6

what are the clues of the one leg stand

1. sways while balancing 2. uses arms for balance 3. hopping 4. puts foot down

how many clues does it take to fail the one leg stand

2 out of 4

Based off san diego how accrate is HGN WAT OLS

HGN- 88% WAT- 79% OLS- 83%

stimulus should be how far from face when looking for HGN

12 to 15 Inches

Actual physical control defined

being in drivers position of a motor vehicle w/ the motor vehicle running or w/ the vehicle moving

Can you cross state boarders to stop a DUI

Yes - Fresh Pursuit

what are the chemical tests for DUI evidence

Blood Breath Urine

1st time failure DUI

90 days civil DL Suspension ITD Hearing officer reviewal

2nd time failure DUI within 5 years

1 year DL Suspension

1st time DUI Refusal

1 year DL suspension and 250.00 fine

2nd time DUI refusal within 10 years

2 year DL suspension and 250.00 fine

what are the standards for meeting a dui Minor CDL Normal Excessive

minor .02 CDL .04 Normal .08 Excessive .20

The type of alcohol contained in alcoholic beverages is _________________.

ethanol

a good structured field sobriety test is simple and _________________

Divides the subjects attention

During the One-Leg Stand, the subject is told to raise either foot approximately six inches above and parallel to the ground and to count for how long

Until told to Stop

how many step down and back are done when performing the walk and turn test

9 steps down with a series of small steps keeping your lead foot planted and 9 steps back

when responding to an active shooter, the contact team should _______________ the sounds of gunfire

Move Quickly To

true or false when practical, an officer should conduct a threshold evaluation prior to making room entry

true always do a threshold whenever you can

what should the first officer to arrive at an active shooter incident be primary focused on

stopping the killing and stopping the dying as quickly and effectively possible

A solo Officer should make a direct-to-threat entry into an Active shooting crisis site except for when:

there is no driving force (nothing heard, seen or known upon arrival)

what tragic event occured that caused police agencies across the united states to change their tactics in rapid response to actors killing innocent persons

Columbine HS

it is imperative that the first responding officers of a random act of violence differentiates between a __________ and____________.

Hostage Situation / Active Shooter

what are the priorities of work after a lethal engagement occurs

security, incident command, medical

intentional infliction of physical injury or pain

Physical Abuse

Fail to car for properly

Neglect

Sexual contact and/or exploitation

Sexual Abuse

Behaviors

resulting in humiliation, rejection, fear or isolation

Emotional Abuse

someone caused the bruising (upper arms, trunk, upper anterior legs, sides of face, ears and neck, genitalia, buttocks

Inflicted

was an accident (shins, bony prominences, lower arms, forehead, under chin)

Accidental

Common fractures

Clavicle Wrist Forearm Lower leg

Suspicious Fractures

Long bones Metaphyseal fractures (fingers) Ribs

Possible accidental head injuries

Bruising to bony areas of head Simple skull fracture

Suspicious head injuries

Any skull fracture(s) in infants Complex skull fracture Bleeding in brain

Common burns

Spill/splatter/splash pattern Contact burns Burns consistent with history and child's developmental level

Suspicious burns

Immersion/dunking patterns Burns on the buttocks, back, ankles, wrist, palms, soles Character pattern burns Bilateral burns Cigarette burn

Nutritional neglect

Failure to thrive Obesity

Physical Neglect

Hygiene, clothing, shelter

Supervisory Neglect

Frequency, chronicity, danger of environment (pool)

Educational Neglect

Truancy, not enrolled in school, special needs not met

Emergency removal of child

Notice to court Notice to EACH parent (except in cases of abandonment)

Styles of sexual assault Organized

1. Planned event 2. Victim is targeted 3. Controlled conversation 4. Restraint used 5. Items of control brought to scene 6. Crime scene=control

Styles of sexual assault Disorganized

1. Spontaneous offense 2. Victim just happens to be there 3. Minimal conversation 4. Tools found at scene 5. Crime scene random

Trace evidence

Trace evidence can include things like fibers

Biological Evidence

Biological evidence can include: blood, saliva, semen, and other bodily fluids

Comparative Evidence

Comparative Evidence can include things like finger prints, hairs, and bite marks.

DNA can be located and collected from

1. Semen 2. Saliva 3. Tears 4. Hair roots 5. Ear wax 6. Hats 7. Clothing 8. Gum 9. Any wet body fluid

Enemies of DNA

1. Heat 2. Contamination 3. Bleach 4. Bacteria 5. Water dilution

POST Study 4 Flashcards

(200 cards)