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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.
Due Regard
To give a fair consideration to and give sufficient attention to all the facts
Temporary Protection Order (TPO)
Involves a family or household member that is charged and can remove them from a shared home
Criminal Protection Order (CRPO)
Involves a non-family or non-household member
Civil Protection Order (CPO)
Broad in scope and can include child support or custody and can occur before charges are filled.
Dating Violence Civil Protection Order (DTCPO)
Only applies to adults
Stalking and Sexually Oriented Offenses Protection Order (SSOOPO)
Protects victim from non-family/non-household members
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
Purposely
Having Specific intent
Knowingly
Being aware of probable outcome
Recklessly
Headless Indifference
Negligently
Lack of Due Care
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)
What drugs cause restriction of the pupil
Narcotics analgesics
What drugs cause dilation in the pupil
CNS Stimulants, Hallucinogens, Cannabis
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
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
AMBER Alert
For confirmed abductions of children under 18 with a credible threat to child and a description of the child and or suspect.
Endangered missing child alert
Any type of missing child
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
Aggravated Murder 2903.01 (B)
Purposely cause the death of another or the unlawful termination of another’s pregnancy while commiting, 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
Aggravated Murder 2903.01 (C)
Purposely cause the death of another who is under 13 years old at the time of the commission of offense.
Aggravated Murder 2903.01 (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.
Aggravated Murder 2903.01 (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
Murder 2903.02 (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.
Voluntary Manslaughter 2903.03 (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.
Involuntary Manslaughter 2903.04 (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)
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
Aggravated Vehicular Homicide 2903.06 (A) (2)
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 pregnency when the person whose death is caused, or whose pregnancy is unlwafully terminated is in the constuction zone at the time of the offender’s commission of the reckless operation offense in the construction zone.
Vehicular Homicide 2903.06 (A) (3)
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.
Vehicular Homicide 2903.06 (A) (4)
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)
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.
Vehicular Assault 2903.08 (A) (2) (b)
No person while operating a motor vehicle shall recklessly cause serious physical harm to another person or another’s unborn.
Vehicular Assault 2903.08 (A) (3)
No person while operating a motor vehicle shall as the proximate result of committing while operating or participating in the operation of a motor vehicle or motorcycle in a construction zone, a speeding offense cause serious physical harm to another person or another’s unborn when the person to whom serious injury is caused or whose unborn child the serious physical harm is cause is in the construction zone at the time of the offender’s commision of the speeding offense in the construction zone.
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.