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Study Flashcards for State Test for OPOTA. Includes Law, SPO's, and recap of important information regarding Ohio Peace Officer Training Academy learning requirements.
4 Relevant Factors in Determining if force was reasonable
Severity of the crime, Immediate threat to safety, Resisting, attempting to flee
Graham V. Conner
Use of force must be objectively reasonable in light of the facts and circumstances confronting the officer, at the time. Not hindsight.
Tennessee V. Garner
Can only use force when you have a reasonable fear of serious physical injury or death to yourself or others.
Doe V. Calumet City
People have a right to privacy. Moving undergarment clothing is counted as a strip search.
Post Shooting Priorities
T.W.S.I.C.M Threat Down, Weapon up, Security, Immediate Action Plan, Communicate, Medical
Parens Patriae
The state acts as parent
Status Offense
An act that is only considered a crime because of age
4 Primary Firearm Safety Rules
Treat all firearms as if they are loaded, never point a firearm at anything you don’t want to destroy, keep finger off the trigger, Be aware of your backstop and beyond.
Required to be given to the officer on a traffic stop
Name, Address, and Date of Birth
When giving a citation you must:
Inform them that if they do not pay it, their license can be suspended.
Factors that constitute a search
Invades reasonable expectation of privacy while trying to obtain information
Motor Vehicle Exception
No warrant required if you think there is probable cause there is evidence in there
Hot pursuit
A chase that starts in public and goes to private is allowed without a warrant
Search Incident to Arrest
Lunge area of arrestee or adjacent room
Plain View
Seeing evidence out in the open when you are lawfully in a position to see it
Consent-Warrant exception
Person has to be present and person can tell you to stop
Exigent Circumstances
Emergency Situation where there is a possibility of serious physical harm or death to another
4 Components of a Crime
Offense, Culpable mental state (mens rea) , concurrence (same time), Causation
4 Elements to determine primary aggressor in DV
Comparative severity of injuries, History, Whether alleged violence was self defence, reasonable fear of threat of physical violence
4 Keys to communicating with suspects
Ask, Advise, Order, Detain
High Explosives
Explodes over the speed of sound >3300 Feet per second
Low Explosives
Explodes under the speed of sound <3300 Feet per second
Absorption rate through stomach walls
20%
Absorption rate through small intestine
80%
Valve at the bottom of the stomach
pylorus
Which organ is responsible for chemically breaking down alcohol
Liver
Enzyme that breaks down alcohol
Dehydrogenase
BAC drop rate
0.015 per hour
BAC is measured in what unit
Grams
Nystagmus
Involuntary jerking of the eyes
What Drugs Case HGN
Depressants, Inhalants, and Dissociative Anesthetics (DID)
Nystagmus Indicators (clues)
Lack of smooth pursuit, Distinct and Sustained, Onset prior to 45 degrees
Walk and turn Clues
Cannot keep balance while listening to instructions, Starts too soon, stops while walking, does not touch heel-to-toe, steps off the line, uses arms to balance, improper turn, incorrect number of steps
One leg stand Clues
Sways while balancing, using arms to balance, hopping, puts foot down
HGN pre-test
Pupil Size, Resting nystagmus, Equal tracking
Operate
to cause or have caused movement
Physical Control
Being in the drivers position and having possession of the vehicles ignition key or device
BAC level for Commercial OVI
0.04
BAC level for basic OVI offense
0.08
BAC level for HIGH OVI offense
0.17
BAC level for Underage OVI offense
0.02
State v. Homan
Supreme Court of Ohio determined that SFST’s must be administered in strict compliance. (reversed to nearly perfect later)
CNS Depressant Effects
Drunken behavior and appearance, uncoordinated, drowsy, sluggish, disoriented, slurred speech
CNS Stimulant Effects
Hyperactive, Nervousness, Talkative, Excited, Anxiety, Grinding of Teeth, Body Tremors
Hallucinogens Effects
Dazed appearance, body tremors, uncoordinated, perspiring, distorted, paranoia, difficulty in speech, nausea
Dissociative Anesthetics Effects
Warm to the touch, perspiring, blank stare, repetitive speech, incomplete verbal responses, confused, muscle rigidity
Narcotic Analgesics Effects
On the nod, droopy eyelids, depressed reflexes, dry mouth, facial itching, low, raspy speech, fresh puncture marks
Inhalant Effects
Nausea, Confusion, disoriented, slow thick slurred speech
Cannabis Effects
Bloodshot eyes, body tremors, disoriented, relaxed inhibitions, difficulty dividing attention
Basic Speed Law
No person shall drive a vehicle at a speed greater than is reasonable and prudent under the conditions
Absolute Speed Law
Specifies a numerical value that is the speed unit
Prima Facie Speed Law
Numerical Limit above which drivers are presumed to be driving unlawfully for that type of roadway
Doppler Principle
The frequency of a wave is relative to the motion between the source and the observer
Honeycutt v. Commonwealth
Can estimate speed and not need to know inner workings of speed measuring devices
Ohio Sunshine Law
Redactions of public records for victims identities
Explicit Bias
Conscious preference for a social category
Implicit Bias
Preference for a social category based on stereotypes or attitudes that we hold and tend to develop early in life and that operate outside of our awareness.
System 1 thinking
Automatic
System 2 thinking
Deliberate
Identify the two-pronged approach to procedural justice
person-based and community based
Attempt 2923.02
A crime to purposely or knowingly engage in conduct that if successful would result in the offense
Aggravated Murder 2903.01 (A)
Purposely cause the death of another or the unlawful termination of another’s pregnancy with prior calculation and design. (B) Purposely cause the death of another or the unlawful termination of another’s pregnancy while committing, attempting to commit, or fleeing immediately after committing or attempting to commit one of the following violent felonies. Burglary, Arson, Rape, Robbery, Kidnapping, Escape, Trespass in a habitation, or terrorism. (C) Purposely cause the death of another who is under 13 years old at the time of the commission of the offense. (D) No person who is under detention as a result of a felony conviction or who breaks that detention shall purposely cause the death of another. (E) Purposely cause the death of a LE officer whom the offender knows or has a reasonable cause to know is a LE officer.
Murder 2903.02 (A)
Purposely cause the death of another or the unlawful termination of another’s pregnancy. (B) No person shall cause the death of another as a proximate result of committing or attempting to commit an F1 or F2 offense of violence that is not voluntary or involuntary manslaughter.
Voluntary Manslaughter 2903.03 (A)
Knowingly cause the death of another or the unlawful termination of another’s pregnancy when under the influence of sudden passion or in sudden fit of rage brought on by the serious provocation of the victim reasonably sufficient to incite use of deadly force. (B) Knowingly cause the death of another or the unlawful termination of another’s pregnancy when under the influence of sudden passion or in sudden fit of rage brought on by the serious provocation of the victim reasonably sufficient to incite use of deadly force and is done with sexual motivation.
Involuntary Manslaughter 2903.04 (A)
No person shall cause the death of another or the unlawful termination of another’s pregnancy as a proximate result of committing or attempting to commit a felony. (B) No person shall cause the death of another or the unlawful termination of another’s pregnancy as a proximate result of committing or attempting to commit a misdemeanor, regulatory offense, or minor misdemeanor that is not traffic-related.
Reckless Homicide 2903.041 (A)
Recklessly cause the death of another or the unlawful termination of another’s pregnancy.
Negligent Homicide 2903.05 (A)
Negligently cause the death of another or the unlawful termination of another’s pregnancy by means of a deadly weapon or dangerous ordanance.
Aggravated Vehicular Homicide 2903.06 (A) (1) (2)
Cause the death of another or the unlawful termination of another’s pregnancy as the proximate result of committing a violation of 4511.19 (A) OVI. Recklessly or while as the proximate result of committing, while operating or participating in the operation of a motor vehicle or motorcycle in a construction zone, a reckless operation offense cause the death of another or the unlawful termination of another’s pregnancy when the person whose death is caused, or whose pregnancy is unlawfully terminated is in the construction zone at the time of the offender’s commission of the reckless operation offense in the construction zone.
Vehicular Homicide 2903.06 (A) (3) (4)
No person shall negligently while operating a motor vehicle as the proximate result of commiting while operating or participating in the operation of a motor vehicle or motorcycle in a construction zone, a speeding offense cause the death of another or the unlawful termination of another’s pregnancy when the person whose death is caused or whose pregnancy is unlawfully terminated is in the construction zone at the time of the offender’s commision of the speeding offense in the construction zone. No person while operating a motor vehicle can cause the death of another or the unlawful termination of another’s pregnancy as the proximate result of committing a violation of any provision of any minor misdemeanor.
Aggravated Vehicular Assault 2903.08 (A) (1)
No person while operating a motor vehicle shall cause serious physical harm to another or another’s unborn as the proximate result of commiting OVI.
Vehicular Assault 2903.08 (A) (2) (a) and (A) (2) (b)
No person while operating a motor vehicle shall as the proximate result of commiting, while operating or participating in the operation of a motor vehicle in a construction zone, a reckless operation offense and cause serious physical harm to another person or another’s unborn when the person to whom serious injury is caused or whose unborn the serious physical harm is caused is in the in the construction zone at the time of the offender’s commision of the reckless operation offense in the construction zone. No person while operating a motor vehicle shall recklessly cause serious physical harm to another person or another’s unborn.
Felonious Assault 2903.11 (A)
No person shall knowingly cause serious physical harm to another or another’s unborn or cause or attempt to cause physical harm to another or another’s unborn by means of a deadly weapon or dangerous ordnance.
Felonious Assault 2903.11 (B) (1-3)
No person with knowledge that they have tested positive as a carrier of a virus that causes acquired immunodeficiency syndrome shall knowingly engage in sexual conduct with another person without disclosing that knowledge prior to engaging in sexual conduct or engage in sexual conduct with a person whom the offender knows or has reasonable cause to believe lacks the mental capacity to appreciate the significance of the knowledge that the offender has tested positive as a carrier of a virus that causes acquired immunodeficiency syndrome or engage in sexual conduct with a person under 18 who is not the spouse of the offender.
Aggravated Assault 2903.12 (A) (1-2)
No person shall knowingly cause serious physical harm to another or another’s unborn or cause or attempt to cause physical harm to another or another’s unborn by means of a deadly weapon or dangerous ordinance when under the influence of sudden passion or in sudden fit of rage brought on by the serious provocation of the victim reasonably sufficient to incite use of deadly force.
Assault 2903.13 (A)
No person shall knowingly cause or attempt to cause physical harm to another or another’s unborn
Assault 2903.13 (B)
No person shall recklessly cause or attempt to cause physical harm to another or another’s unborn
Negligent Assault 2903.14 (A)
No person shall negligently cause physical harm to another or another’s unborn by means of a deadly weapon or dangerous ordnance
Aggravated Menacing 2903.21 (A)
No person shall knowingly cause another to believe the offender will cause serious physical harm to the person or property of the other person or other person’s unborn or a member of the other person’s immediate family.
Menacing by Stalking 2903.211 (A) (1)
No person engaging in a pattern of conduct shall knowingly cause another to believe the offender will cause physical harm to the other person or a family or household member of the other person or cause mental distress to the other person or a family or household member of the other person.
Menacing by Stalking 2903.211 (A) (2)
No person shall knowingly pass a message or use any intentionally written or verbal graphic gesture through the use of any form of written communication or any electronic method of remotely transferring information, including, but not limited to, any computer, computer network, computer program, computer system, or telecommunication device with purpose to violate division (a) (1) of this section or urge or incite another to commit a violation of division (a) (1).
Menacing by Stalking 2903.211 (A) (3)
No person shall knowingly violate (a) (1) or (2) of stalking with sexual motivation
Menacing 2903.22 (A) (1) (2)
No person shall knowingly cause another to believe the offender will cause physical harm to the person or property of the other person or other person’s unborn or a member of the other person’s immediate family. No person by displaying a deadly weapon, whether operable or inoperable, shall knowingly place or attempt to place another in reasonable fear of physical harm or death when the person knows or reasonably should know the other person is an emergency service responder or the person knows or reasonably should know the other person is a family or household member or co-worker of an emergency service responder and it is the person’s specific intent to engage in the specified conduct.
Kidnapping 2905.01 (A) (1-6)
No person by force, threat, or deception, or in the case of a victim under the age of 13 or mentally incompetent by any means shall with purpose to hold for ransom or as a shield or hostage or facilitate the commission of a felony or flight thereafter or terrorize, or inflict serious, physical harm on victim or another or engage in sexual activity, as defined in 2907.01 with the victim against the victim’s will or hinder, impede, or obstruct a government function, or force any action or concession on the part of governmental authority or hold in a condition of involuntary servitude.
Kidnapping 2905.01 (B) (1-2)
No person shall knowingly by force, threat, or deception or in the case of a victim under the age of 13 years old or mentally incompetent, by any means remove another from place where found or restrain another or their liberty when under circumstances that create a substantial risk of serious physical harm to the victim or in the case of a minor victim, either create a substantial risk or serious physical harm to the victim or cause physical harm to the victim.
Abduction 2905.02 (A) (1-3)
No person without privilege to do so shall knowingly by force or threat remove another from place where found or restrain another of their liberty under circumstances that create risk of physical harm to the victim or place the victim in fear or hold another in a condition of involuntary servitude.
Abduction 2905.02 (B)
No person shall knowingly violate division (a) of abduction with sexual motivation
Unlawful Restraint 2905.03 (A)
No person without privilege to do so shall knowingly restrain another of their liberty
Unlawful Restraint 2905.03 (B)
No person without privilege to do so and with sexual motivation shall knowingly restrain another of their liberty
Criminal Child Enticement 2905.05 (A)
No person by any means and without privilege to do so and whether or not the offender the age of the child shall knowingly solicit, coax, entice, or lure any child under 14 years of age to accompany the person in any manner, including entering into any vehicle or onto any vessel when the actor does not have the express or implied permission of the parent, guardian, or other legal custodian of the child in undertaking the activity and the actor is not a law enforcement officer, medic, firefighter or other person who regularly provides emergency services, and is not an employee or agent of, or a volunteer acting under the direction of any board of education, or, the actor is any of such persons, but is not acting within the scope of the actor’s lawful duties.
Criminal Child Enticement 2905.05 (B)
Violate Child Enticement with sexual motivation
Trafficking in Persons 2905.32 (A) (1-2)
No person shall knowingly recruit, lure, entice, isolate, harbor, transport, provide, obtain, or maintain another person or attempt to do so when the offender knows that the person will be subjected to involuntary servitude or the person to be compelled to engage in sexual activity for hire or to engage in a performance for hire that is obscene, sexually oriented, or nudity oriented or to be a model or participant for hire in the production of material that is obscene, sexually oriented, or nudity oriented or when the person is less than 18 years of age or is a person with developmental disability person whom the offender knows or has reasonable cause to believe is a person with a developmental disability and either the offender knows that the person will be subjected to involuntary servitude or sexual stuff.
Sexual Conduct
Vaginal intercourse between a male and female; anal intercourse, fellatio, and cunnillingus between persons regardless of sex; and without privilege to do so, the insertion, however slight of any body part or instrument, apparatus, or other object into the vaginal or anal opening of another. Penetration, however slight, is sufficient to complete vaginal or anal intercourse.
Sexual Contact
Touching of an erogenous zones of another, including without limitation the thigh, genitals, buttock, pubic region, or, if the person is a female, a breast, for the purpose of sexually arousing or gratifying either person.
Sexual Activity
Sexual conduct or sexual contact or both
Rape 2907.02 (A) (1)
No person shall engage in sexual conduct with another who is not the spouse of the offender or who is the spouse of the offender but living separate and apart from the offender when for purpose of preventing resistance, the offender substantially impairs the victims judgement or control by administering any drug, intoxicant, or controlled substance to the other person surreptitiously or by force or by threat of force or deception or the other person is less than 13 years of age whether or not the offender knows the age of the other person (Strict Liability) or the other person’s ability to resist or consent is substantially impaired and the offender knows or has reasonable cause to believe that the other person’s ability to resist or consent is substantially impaired because of a mental condition or a physical condition or advanced age.
Rape 2907.02 (A) (2)
No person shall engage in sexual conduct with another when the offender purposefully compels the other person to submit by force or threat of force.
Sexual Battery 2907.03 (A) (1-13)
No person shall engage in sexual conduct with a person not the spouse of the offender when the offender knowingly coerces the other person to submit by any means that would prevent resistance by a person of ordinary resolution or the offender knows that the other person’s ability to appraise the nature of or control the other person’s own conduct is substantially impaired or the offender know that the other person submits because the other person is unaware that the act is being committed or the offender knows that the other person submits because the other person mistakenly identifies the offender as the other person’s spouse. (A) (5)-(13) No person shall engage in sexual conduct with a person not the spouse of the offender when one of the identified authorities and or fidelity type relationships exist (Strict Liability) offender is parent, stepparent, guardian, custodian, person in loco parentis. Other person is in custody of law or is a patient in a hospital or other institution, and the offender has supervisory or disciplinary authority over the other person. Offender is a teacher, administrator, coach, or other person in authority in a school in which the person is enrolled or attends (elementary/secondary school, or higher education) and, if elementary/secondary school, the offender is neither enrolled in nor attends that school. Other person is a minor, and the offender is the other person’s athletic or other type of coach, instructor, leader of a scouting troop, or has temporary or occasional disciplinary control over the other person. Offender is a mental health professional, the other person is a client or patient, and the offender induces the other person to submit by falsely representing that the sexual conduct is necessary for mental health treatment. Other person confined in a detention facility and the offender is an employee of the detention facility and the offender is an employee of the detention facility. Other person is a minor, the offender is a cleric and the minor is a member of, or attends, the church or congregation served by the cleric. Or other person is a minor, the offender is a peace officer and the offender is more than 2 years older than minor.
Gross Sexual Imposition 2907.05 (A) (1)
No person shall purposely have sexual contact with a person not the spouse of the offender or cause another, not the spouse of the offender, to have sexual contact with the offender or cause two or more other persons to have sexual contact when the offender purposely compels the other person, or one of the other persons, to submit by force or threat of force.
Sexual Imposition 2907.06 (A) (1-5)
No person shall purposely have sexual contact with a person not the spouse of the offender or cause another not the spouse of the offender to have sexual contact with the offender or cause two or more other persons to have sexual contact when the offender knows that the sexual contract is offensive to the other person, or one of the other persons, or is reckless in that regard or the offender knows that the other person’s, or one of the other person’s ability to appraise the nature of or control the offender’s or touching person’s conduct is substantially impaired or the other person or one of the other persons, is 13 years of age or older but less than 16 years of age whether or not the offender knows the age of such person and the offender is at least 18 years of age and four or more years older than such person (strict liability) or the offender is a mental health professional, the other person or one of the other persons is a mental health client or patient of the offender, and the offender induces the other person to submit falsely representing to the other person that the sexual contact is necessary for mental health treatment purposes.
Importuning 2907.07 (A) (B)
Solicit a person who is less than 13 years of age to engage in sexual activity whether or not the offender knows the age of the person. No person shall solicit another, not the spouse of the offender, to engage in sexual conduct with the offender when the offender is 18 years of age or older and four or more years older than the other person and the other person is 13 years of age or older but less than 16 years of age whether or not the offender knows the age of the other person (strict liability).