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Test A (first test) Flashcards

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1
Q

What is the progression of legal authority

A

social contact, terry stop, probable cause.

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2
Q
  • Probable cause
A

facts and circumstances with in the officers knowledge that are sufficient to cause a person of reasonable caution to believe that a crime may have been committed

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3
Q

Reasonable suspicion:

A
  • reasonable articulable suspicion IE a substantial probability that criminal activity has occurred or will occur.
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4
Q
  • State V. Byrd
A

the authority to search a arrestee’s person and personal effects. (we are able to search a purse and backpack if it is part of the “person” aka worn

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5
Q
  • IF the misdemeanor is not listed in rcw 10.31.100 and did not occur in your presence you cannot make a custodial arrest
A
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6
Q
  • Three things for almost every crime:
A

1) Mental state,
2) Act,
3) harm

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7
Q
  • Five basic premises of criminal law
A

1) Act or omission
2) Mental State
3) Concurrence
4) Causation
5) All laws must be written to put people in notice

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8
Q
  • Any felony committed by a public officer the statue of limitation is?
A

10 years

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9
Q
  • No gross misdemeanor may be prosecuted after
A

2 years from the event

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10
Q

A ruse is fine as long as it does not what?

A
  • shock the concise
  • Example: “come outside there is pizza” VS “come outside your mother is dying”
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11
Q
  • The two prong test for officers and qualified immunity
A

1) The officer did not violate a constitutional right
2) The constitutional right alleged to be violated was not “clearly established” at the time of the incident.

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12
Q
  • Attempt to commit a crime steps:
A

Intent to commit the crime, a substantial act to commit the crime

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13
Q
  • Accomplice liability is
A

when you aid the person in anyway in committing a crime.

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14
Q
  • Criminal solicitation
A

: Intent to promote or facilitate a crime with an offer of money or thing of value.

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15
Q
  • Conspiracy
A

intent to commit a crime when two or more people agree to commit a crime WITH a substantial step (furtherance of the agreement) .

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16
Q
  • Criminal attempt
A

Intent to commit a crime + substantial step toward committing the crime + an attempt to commit a crime

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17
Q
  • Custodial Assault
A

Assault + on-duty corrections officer or staff

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18
Q
  • Necessary:
A

means that no reasonably effective alternative to the use of force appeared to exist and that the amount of force used was reasonable to affect the lawful purpose intended

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19
Q
  • Graham Factors:
A
  • The severity of the crime at issue
  • Whether the suspect poses an immediate threat to the saftey of the officers or others
  • Whether he is actively resisting arrest or attempting to evade arrest by flight
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20
Q
  • Force is only necessary if
A

there are no reasonably effective alternatives

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21
Q
  • After a use of force
A

: Provide or facilitate first aid at the earliest safe opportunity WHEN the scene is controlled by law enforcement

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22
Q
  • Compression asphyxia
A

: mechanically limiting expansion of the lungs through compression of the chest

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23
Q
  • Positional asphyxia
A

a person being placed in a body position which compresses their airway and does not allow them to breath

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24
Q
  • Deadly force includes
A

1) Impact weapons strikes to the head, neck, throat, or spine
2) striking a person’s head onto a hard, fixed object
3) Discharge of a firearm
4) Intentionally striking with a vehicle

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25
* LEO goals for DV
1) STOP----the immediate violence 2) REMOVE----the abuser 3) PROVIDE----the victim with written resources
26
* Mandatory actions during DV for a LEO
1) Fully investigate 2) Enforce court orders 3) Write and submit a report 4) Exercise arrest powers 5) Provide resource information 6) Temporarily seize firearms
27
* Profiling
: the act of suspecting or targeting a person on the basis of observed characteristics or behavior
28
* For vehicle description
C- color Y- year M- make B- body A- accessories L- license
29
* Three parts of the brain:
* Three parts of the brain: 1) Cortex: integrates 2) Limbie area: 3) Survival Brain:
30
* WA state law defines de-escalation as
to prevent lethal use of force
31
Psychosis:
- Delusions – thoughts/false beliefs - Hallucinations – distorted senses/things aren’t there in reality - Disorganization - - Other symptoms – poor hygiene, social withdrawal - Diagnoses: schizophrenia, mania in bipolar disorder, drug-induced
32
Depression/Suicidality:
- Tearfulness - Little interest in work, hobbies, family, friends, ECT - Trouble concentrating - Insomnia or sleeping too much - Get more information, explore timeline, explore intent - Ask them “are you suicidal”
33
Bipolar Disorder:
* Manic / elevated state: - Extremely high energy - Decreased sleep - Decreased appetite - Racing thoughts - Risky decisions - Hypersexuality
34
Anxiety/fear:
- Post trauma - Stress - PTSD
35
three types of responses
fight flight freeze
36
Processing slowly or differently:
- Developmental disabilities - Autism spectrum - Traumatic brain injuries - Manipulated by others / victimization
37
* Top priorities at a crime scenes
- Make the scene safe - Render aid - Investigate interview witnesses
38
* Basic types of protection orders:
1) DV protection orders 2) Stalking protection orders 3) Foreign & Canada protection orders 4) Vulnerable adult’s protection orders 5) Sexual assault protection orders
39
under what RCW makes violating a protection order a mandatory arrest
* Under 10.31.100
40
Civil standby orders:
- Only essential items
41
Substantive Law:
- Statutes/codes - Common law
42
Procedural Law:
- Search & seizure - Arrest
43
What is TSI
Tactical social interactions
44
what is the difference between rape of a child and child molestation
(one is sexual intercourse; one is sexual contact)
45
Difference between abandonment and criminal mistreatment is what?
INTENT
46
Who is non a mandatory reporter?
Firefighters
47
"Coprpus delexi" means
“body of the crime”
48
Four prongs to ITA?
1) Danger to self “are you thinking of harming or killing yourself today” 2) Danger to others “are you thinking about harming others” 3) Danger to property “are you thinking about damaging others property” 4) Gravely disabled “when was the last time you ate or drank water”
49
What is ITA
Involuntary treatment act (ITA) RCW 71.05.153
50
ITA when person is 12 and under....
- 12 and under parents have the final say when LE decides to do an ITA, Parents can deny
51
Three S Model
1) Scene control - Time, distance, shielding. DE-ESCALTE 2) Start dialogue - Greeting, rapport, L.E.E.D, explain why we are there 3) Solution
52
The O.P.E.N Model
O- open ended questions P-paraphrasing E-empathy N-next steps
53
The C.P.R model
C-current plan P-past behaviors R-resources
54
Core Principles
* Legal Authority * Communication * Position and Movement * Threat Management * Equipment Management
55
The Second Amendment
* “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.”
56
The First Amendment
* Freedom of religion * Freedom of speech * Freedom of the press * Right to peaceably assemble * Right to petition the government to redress grievances
57
The Third Amendment
* “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.”
58
The Fourth Amendment
* 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:
59
The Fifth Amendment
* 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
60
The Sixth Amendment
* 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
61
The Seventh Amendment
* Guarantees the right to a civil jury trial in accordance with common law
62
The Eighth Amendment
* Prohibition of excessive bail * Prohibition of excessive fines * Prohibition of cruel or unusual punishment
63
The Ninth Amendment
* 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.
64
The Tenth Amendment
* 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
65
7 competencies of TSI
pre-plan, observe/assess, contact, engage, self-control, adapt, disengage
66
3 parts of a search warrant
1) search warrant form 2) affidavit 3) inventory and return of service form
67
Present sense impression:
a statement describing or explaining an event or condition - EXAMPLE “the 911 call” “help me he going to kill me” - Made while the declarant was preceding the event or condition
68
Excited utterance:
reliable as it is made while the declarant is acting under the stress of the event
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