CPW 2023 LE Academy Exam 1

What are the 3 major components of the Criminal Justice System

Law Enforcement \\ Judicial system \\ Corrections

Who in the court system is supposed to be the impartial moderator?

Judge

What are considered to be serious crimes that could be punished by more than one year in prison?

Felony

______ cases are brought by the government defending a specific law

Criminal

Which of the amendments of the constitution protects individuals from unwarranted searches.

4th amendment

Which of the following sources of law are law established by government?

Statutory

______ are violations punishable by fine, not jail sentence

Petty Offence or Infraction

True or False - Effective leadership includes being a good follower

True

True or False - The manager focuses on systems and structure, leader focuses on people

True

Define "Stress"

A general response of the body to any unusual demand made upon it

Which of the following are NOT reactions included in the flight or fight response

Decreased heart rate

What is a particular demand or stressor of police trainees?

* Shift work
* Probation period
* All of the above

All of the above

Which of the following are long term behavioral reactions that indicate ineffective coping?

Sleep disorder

Modest level of stress are needed for

All of the above

Which of the following is not a type of stress management?

Competitive exercise

Verbal Communication skills attempt to prevent you from

* getting complained upon
* giving the greatest speech you’ll ever regret
* getting into physical confrontations

What human voice characteristic is most often responsible for police complaints?

Tone

What is a more effective way of saying 'calm down' to someone?

It's going to be alright, what's the matter

Which is not one of the 8 steps to tactical communications?

Verbal smackdown

True or False - You can treat people with respect, even if you do not respect them.

True

True or False - It is better to be aggressive rather than assertive

False

As ego goes up, __________ goes down

officer safety

What allows us to maintain a tactical edge in verbal communication

Tactical empathy

What are you to do the 5 times words fail?

Act

In the 3 laws of field contacts, what does QEE stand for?

Quickly, Efficiently, Effectively

What does the R in the SAFER acronym stand for?

Revise Priorities

The 2 most important functions of a LE officer in a civil dispute is to

Standby and make sure no laws are broken

Police officers who become involved in armed confrontations tend to

Revert to habits during training

A protective sweep is only for

officer safety

A person with reasonable expectation of privacy...

has authority to contest a search

A photo lineup...

does not require the presence of an attorney

Plain view seizures...

require lawful presence

Inventory searches...

Must follow department policy to be legal

Search and Seizure is covered by...

the 4th amendment

Consent to search...

does not require Miranda warnings

Closed (but not locked) containers in motor vehicles

are treated as part of the vehicle for search purposes

3rd degree burglary...

requires breaking into a safe/locked box/locker/etc with intent to steal.

Concealment of goods is...

prima facie evidence of theft

True or False - After giving a 3 day written notice, the police must assist the landlord in an eviction

False - Court order is required to have sheriff's office assist.

After the landlord files a complaint with a court, the tenant has how many days to respond?

8 days

In order for a landlord to seize abandoned property, he must...

send a certified letter to the tenant. The landlord must not have heard from the tenant for 30 days.

Danger during domestics tend to be higher when

only one officer responds, with two parties present (such as husband and wife)

4 characteristics of the human voice

tone, pitch, pace, modulation

Why do we ask for any reason or any justified reason for the contact

to get an admission of guilt

3 deadly arenas

* on the street
* in court
* in the media

What does the F in SAFER stand for

Flight

____ _____ is a great resource when communicating with someone speaking a different language

Language line

T/F: In resolving disputes, the Colorado supreme court will take evidence and bear testimony from the witness

False (supreme courts deal with appeal)

Which are responsibilities of the prosecutor?

a) charging suspects with a crime at any time the police wish

b) doing whatever is necessary

c) setting justice not merely connections

d) connecting evidence

e) providing evidence to the defense

c) setting justice not merely connections

e) providing evidence to the defense

T/F: Peace officers may make an arrest when he has reasonable suspicion to believe that a crime has been committed by he person being arrest and the officer has a warrant for the person’s arrest.

False (probable cause or a warrant is needed for an arrest)

T/F: All defendants charged with a felony are entitled to a preliminary hearing.

False

T/F: Jury verdicts must be unanimous, otherwise a mistrial is desired and the case may be tried again.

True

Which is true?

a) A preliminary hearing must be held within 45 days from the date of demand by the defendant.

b) A defendant is not entitled to a preliminary hearing if she/he has been indicted by a jury.

c) The burden of proof place on the preliminary hearing is “clear and convincing” evidence.

d) A defendant is entitled to a preliminary hearing if she/he has been charged with a misdemeanor offense.

b) A defendant is not entitled to a preliminary hearing if she/he has been indicted by a jury

If the defendant enters a plea of “not guilty” he/she must be brought to trial within ___ months unless the right has been waived by the defendant.

6

Theory that says when you go somewhere you leave something there and end up taking something with you when you leave.

Locard’s or exchange principle

____ defined as taking someone into custody based on probable cause or with a warrant

Arrest

Defined as the first appearance before a judge where defendant is advised of rights and presented with charges. Also, when defendant first enters a plea of guilty, not guilty, or no contest.

Arraignment

Defined as presenting evidence to a judge to see if there is sufficient evidence to bring the case to a trial, however, this step is not guranteed.

Preliminary hearing

Defined as when the grand jury states whether there is sufficient evidence to proceed to trial.

Indictment

Defined as the presentation of evidence to a jury to determine innocence or guilt of defendant.

Trial

Defined as the point at which the final outcome of a trial is determined as conviction or acquittal.

Disposition

Defined as the money required to be released from custody.

Bail

Defined as the agreement that once out of custody you will return to court.

Bond

What does “nolo contendere” mean?

No contest

Defined as the state of mind required for commission of a crime.

Mens rea

Defined as the physical action committed in a crime.

Actus rea

2 prongs of custodial interrogation

1. person must be in custody
2. person is being questioned in regards to a crime

3 reasons for plea bargain

* lack of evidence
* equity (fairness)
* Judicial economy (back up of cases)

Case regarding selective incorporation due to a lack of a search warrant which set a precedent for the exclusionary rule

Mapp v Ohio (1961)

Case regarding the conduction of a short term search with reasonable suspicion.

Terry v Ohio (1968)

Case regarding searching an area within a reasonable expectation of privacy requires a warrant.

Katz v US (1967)

Case regarding the inevitable discovery of evidence to stand in court despite lack of proper/legal protocol.

Nix v Williams (1984)

What does CREW stand for and when is it used?

Consent

Recognized Exceptions

Warrant

\
3 times when a search can be conducted

T/F: There must be probable cause to demand identification.

False - You can demand identification with only reasonable suspicion (must be able to articulate)

5 levels of culpable mental state

1. intentionally
2. knowingly
3. recklessly
4. criminal negligence
5. strict liability

Defined as aiding, abetting, advising, or encouraging another person in the planning or committing or a crime.

Complicity (not a crime, but a theory under which you prove a crime)

When are you exempt from being complicit in a crime?

When you give timely warning to law enforcement or intended victim

What is inchoate?

An unfinished crime (attempt, solicit, conspiracy)

Case regarding the inherent mobility of an automobile allowing the warrantless search of automobiles.

Carroll v US (1925)

When can you search the passenger compartment AND trunk of an automobile without a warrant?

Automobile exception (inherent mobility)

When can you search ONLY the passenger compartment of an automobile WITHOUT a warrant?

Search incident to arrest

Protective sweep for weapons

Case regarding the ability for officer’s to search for weapons within reaching distance prior to arrest.

Arizona v Gant (2009)

When can you lawfully search a person?

1. incident to arrest
2. prior to transportation


1. with probable cause (except exigency)

3 exceptions to search warrant requirements

1. plain view
2. exigent circumstances
3. consent (verify ownership)

3 exceptions of admissibility of illegally obtained evidence

1. good faith mistake
2. independent source
3. inevitable discovery

Case that established the public safety exception to Miranda rights.

New York v Quarles (1984)

3 methods of suspect identification

1. photo line up
2. live line up
3. show up

Downs v US (1974)

Case where a plane hijacking went wrong due to negligence in FBI intervention. Required law enforcement to have a plan of apprehension, NOT a plan of attack.

Graham v Connor (1989)

Case where police used excessive force and required there to be an objective reasonableness standard when using force in the case of a diabetic individual rushing in and out of gas stations in search of juice. Established that the “reasonableness” of a particular use of force must be judged from the perspective of a reasonable officer on the scene, rather than with the 20/20 vision of hindsight. Overturned previous use of force standard that it must not shock the conscience.

Gant v Arizona (2009)

Case where once secured in the back of a police vehicle, the personal vehicle of the suspect was searched and drugs were found and he was charged. This set a precedent for searching the passenger compartment of a vehicle only in interest of officer safety or interest in preserving evidence.

Pennsylvania v Mimms (1977)

Case in which a suspended license plate resulted in the pat down and removal of a concealed weapon on the suspect due to concern for officer safety.

Johnson v Glick (1973)

Case in which an officer assaulted someone while they were detained and waited to administer aid to the individual. At the time, case law said "it must not shock the conscience of the court", but it was later overturned because our reasonable use of force shouldn't be judged with 20/20 hindsight.

Chew v Gates (1990)

Case where individual claimed their constitutional rights were violated with use of excessive force when a police dog injured them during the arrest. However, use of a police dog to search for, find, and seize Chew was objectively reasonable and not considered excessive force.

Scott v Harris (2006)

Case in which a police car chase resulted in a the respondent becoming quadriplegic. It was concluded the use of a car was considered deadly force, but it was justified because the officer attempted to terminate a dangerous high-speed car chase that threatened the live of innocent bystanders and ultimately did NOT violate the 4th amendment.

Tennessee v Garner (1985)

Case in which police used deadly force against a suspected felon fleeing arrest, but it was found that the circumstances under which law enforcement may use deadly force to arrest a suspect is severely restricted based on risk assessment of public safety and severity of the crime they are allegedly involved in.

Smith v Freland (1992)

Case where an officer shot and killed an individual driving. Established the need to look at the totality of the circumstance when using deadly use of force.

Miranda v Arizona (1966)

Case where a man confessed to a crime, but the confession was not upheld because he was not given his Miranda warnings prior to the interrogation and confession.

1st Amendment

Amendment that prohibits the government from interfering with freedom of religion, speech, assembly, press, or petition

4th Amendment

Amendment giving the right of people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures

5th Amendment

Amendment that states no person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury. It allows due process at the federal level and prevents double jeopardy.