1
Q
Core Principles
A
- Legal Authority
- Communication
- Position and Movement
- Threat Management
- Equipment Management
2
Q
Five Primary Objectives of policing
A
1) Protect and serve
2) Crime prevention
3) Preserve the peace
4) Enforce all laws
5) Arrest
3
Q
Patrol Responsibilities
A
1) Communicate – notify dispatch when you arrive, Answer status checks, ect…
2) Coordinate – where to respond, best direction to approach, need more units?, ect…
3) Command – determine if other resources are needed, Fire department, K9, Swat, ect..
4) Control – safe scene, take control of the situation, ect…
4
Q
Substantive Law–
A
- Legislated acts
- Establishes the acts and mental state necessary to commit a crime
- RCW 9A.52.030
5
Q
Procedural Law—
A
- Legislated acts
- Establishes the procedures to be employed in governmental affairs
- RCW 10.31.100
6
Q
Significance of Criminal Procedures:
A
- Protects the rights of all citizens
- Enhances the ability to successfully prosecute criminals
- Reduces criminal liability to the officer
- Reduces civil liability to the officer
7
Q
Sources of Criminal Procedure:
A
- Constitutional Documents (i.e. United States and Washington State)
- Revised Code of Washington (State Laws)
- Washington State Court Rules
- Common Law
8
Q
Common Law:
A
A body of unwritten laws based on legal precedents established by the courts.
9
Q
Possible sanctions imposed on a LEO:
A
- Criminal Liability (Charged with a crime)
- Civil Liability (Sued)
- Departmental Liability (Discipline, Demotion, Termination
10
Q
Public Duty Doctrine questions:
A
1) Do we have a duty owed?
2) Do we have a duty breached?
3) Were actual damages suffered?
4) Was the breach the proximate cause for the damages suffered
11
Q
Probable Cause
A
reasonable grounds (for making a search, pressing a charge, ect)
12
Q
—-Important Note: Law enforcement can be its own worst enemy! Think before you act. Think before you speak. Ask yourself if your actions are:
A
- Reasonable
- Legal (Necessary)
- Ethical
- Within Department policy
13
Q
The constitution is made up of what three parts
A
1) The preamble
2) The articles of incorporation
3) The bill of rights
14
Q
Three Government branches:
A
1) Legislative – house and senate (makes laws)
2) Executive – president (enforces laws)
3) Judicial – supreme court (interprets law)
15
Q
The First Amendment
A
- Freedom of religion
- Freedom of speech
- Freedom of the press
- Right to peaceably assemble
- Right to petition the government to redress grievances
16
Q
The Second Amendment
A
- “A well-regulated militia being necessary for the security of a free state, the right of the
people to keep and bear arms shall not be infringed.”
17
Q
The Third Amendment
A
- “No soldier shall, in time of peace be quartered in any house, without the consent of the
owner, nor in time of war, but in a manner to be prescribed by law.”
18
Q
The Fourth Amendment
A
- Prohibits unreasonable searches and seizures of people, their houses, papers, and effects
- Warrants will only be issued upon a showing of Probable Cause
- Probable Cause must be supported by an oath or affirmation
- The warrant must particularly describe:
19
Q
The Fifth Amendment
A
- Charges must be filed by indictment
- Establishes a prohibition on double jeopardy
– How was California able to prosecute/sue OJ Simpson twice?
– What process allowed the officers in the Rodney King case to be tried twice
for the same crimes? - Prohibits self-incrimination in criminal cases
– The basis for Miranda’s first prong - No deprivation of life, liberty, or property without your right to appeal
- No taking of private property without just (fair) compensation
20
Q
The Sixth Amendment
A
- Right to a speedy trial - 60 / 90-day rule
- Right to an impartial jury
- Right to trial in the proper venue
- Right to be informed of the nature of the accusation
- Right to confront witnesses
- Right to subpoena witnesses on your behalf
- Right to the assistance of counsel
21
Q
The Seventh Amendment
A
- Guarantees the right to a civil jury trial in accordance with common law
22
Q
The Eighth Amendment
A
- Prohibition of excessive bail
- Prohibition of excessive fines
- Prohibition of cruel or unusual punishment
23
Q
The Ninth Amendment
A
- the right to travel, the right to vote, the right to keep personal matters private and to make important decisions about
- The enumeration of rights in the constitution shall not be construed to deny other rights
retained by the people.
24
Q
The Tenth Amendment
A
- Powers not delegated to the United States by the constitution, nor prohibited by it to
the states, are reserved to the states or their people.
*If it isn’t listed, it belongs to the states or to the people
25
The Fourteenth Amendment
* If born in America you have the constitutional rights.
* Gave slaves freedom
* * All persons born or naturalized in the United States, and subject to the jurisdiction
thereof, are citizens of the United States and of the state wherein they reside. No state
shall make or enforce any law which shall abridge the privileges or immunities of citizens
of the United States, nor shall any state deprive any person of life, liberty, or property
without due process of law; nor deny to any person within its jurisdiction the equal
protections of the law.
26
* Level of Proof Needed for Criminal Prosecutions
proof beyond a reasonable doubt
27
* Level of Proof Needed for Civil Actions
- preponderance of the evidence
28
* Trier of the Law
exclusively the responsibility of the judge
29
* Trier of the Fact
this may be the responsibility of the judge or the jury
30
* Jury Trial
- trial by your peers
31
* Bench Trial
- the judge becomes the trier of the law and the trier of the fact
32
* Appeal of the facts
- the jury made the wrong decision. Not permissible in our system
33
* Appeal of the law
the only valid grounds for appeal
34
* Preponderance of the Evidence
To prove that something is more likely than not.
35
Federal Courts are made up of (three levels)
1) U.S District Court
2) U.S Court of Appeals
3) U.S Supreme Court
36
State Courts are made up of: (five levels)
1) Municipal Courts
2) District Courts
3) Superior Court
4) State Court of appeals
5) Washington state supreme court
37
From Arrest to trial—The steps in the process are...
* Arrest
* Arraignment
* Pre-trial Suppression Hearing
* Commencement of Trial
* Appeals Process
38
Anatomy of an Investigation
* Respond to the scene or area and render the scene safe.
* Locate and gather witnesses and/or suspects.
* Identify evidence and establish borders.
* Call in additional resources if necessary.
* Get enough information for the report, and leave the scene better than how you found it.
Important Note: “The Law Enforcement Approach” to investigations = Evidence does not lie.
39
Locard’s Law
whenever someone enters or exits an environment, something physical is added to and removed from the scene.
40
Characteristics of Physical Evidence:
1) Class Characteristics – identifiers that comprise of a group of something
2) Individual Characteristics – A true source of UNIQUE evidence i.g fingerprints
41
Physical Evidence Requirements:
1. Legally obtained,
2. Relevant,
3. Identifiable, and
4. A chain of custody must be maintained.
42
Chain of custody
the sequential documentation or trail that accounts for the sequence of custody, control, transfer, analysis, and disposition of physical or electronic evidence.
43
Crisis
An emotionally significant event that causes stress, overwhelms
someone’s usual problem-solving skills, and results in chaos.
44
Stress: Stress is the main ingredient for a crisis.
There are three sources of stress. what are they?
1) Environmental
2) Psycho-social
3) Personality
45
There are also four types of stress:
1) Acute – immediate, happening right now
2) Chronic – dealing with the same thing over and over
3) Accumulative – bills, work, and other stresses together (piling on, compounding)
4) Delayed – Post traumatic stress disorder, do the job, and then the stress hits.
46
Effective Communication
The ability to select the appropriate means of communication, often under surprising or stressful circumstances.
47
Tactical Communication
A planned method of talking to people. It is also a technique for gaining voluntary compliance from difficult people using professional language
48
Empathy
The action of understanding, being aware of, being sensitive to and vicariously experiencing the feelings and thoughts of another.”
49
Active Listening
: Active listening is a way of listening that focuses entirely on what the other person is saying and confirms understanding of both the content of the message and the emotions and feelings underlying the message to ensure that understanding is accurate
50
Traffic Enforcement “The Three E’s”
1) Education - Education of the Public.
2) Engineering - influence roadway design and traffic control.
3) Enforcement-motivate motorists to modify their driving behavior & to act as a deterrent
51
Ethics in Traffic Law Enforcement:
* Perceptions
* Professionalism
* Fairness
52
Police traffic enforcement authority comes from where?
*the Revised Code of Washington (RCW)
* * Obedience to Police Officers, Flaggers, or Firefighters RCW 46.61.015 (Misdemeanor)
* Refusal to Give Information to or Cooperate with Officer RCW 46.61.020 (Misdemeanor)
* Duty to Obey Law Enforcement Officer (Officer Authority) RCW 46.61.021
* Failure to Obey Officer RCW 46.61.022 (Misdemeanor
* Attempting to Elude Pursuing Police Vehicle RCW 46.61.024 (Class C Felony)
896 Study
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Decks in class (10)
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