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What is deadly force
Force that is likely to cause or that a person knows or should know would create a substantial risk of cause death, seriously bodily harm or injury.
Deadly force justification
Deadly force is justified only when there is a reasonable belief that the subject of such force poses an imminent threat of death and serious bodily harm
7 justifications
1) self-defense and defense of other DoD personnel
2) defense of others
3.) protecting assets vital to national security
4) protecting inherently dangerous property
5) protecting national critical infrastructure
6) performing an arrest or apprehension or preventing escape
7) defense against dangerous animals
Force ladder continuum
Professional presence
Verbal commands
Control techniques
Aggressive response techniques
Intermediate weapons
Deadly force
Salute report
Size
Activity
Location
Uniform
Time
Equipment
Deadly force triangle
Capability
Opportunity
Intent
Probable cause
Facts or circumstances that would lead a reasonable or prudent person to believe a crime has is or will be committed and evidence of that crime exists in a specific location.
Reasonable suspicion
An objectively justifiable suspicion that is based on specific facts or circumstances and that justifies stopping and sometimes searching a person thought to be involved in a criminal activity at the time. SIDE NOTE: (Terry frisk or pat down are the searches authorized)
Due regard
belief that a reasonable and prudent person in the same situation under the same circumstances would act in the same manner
What does probable cause allow you to do?
Make arrest , conduct searches, obtain warrants
What does reasonable suspicion allow you to do?
Allows for detainment and individual investigation
Due regard when driving
Drivers must maintain a safe speed, be aware of surroundings. Avoid actions that could endanger others
Due regard when using a weapon
For bystanders safety a holster weapon should never be removed from holster unless reasonable
Patrol zones
zone 1: wet side
Zone 2: nex/commissary
zone 3: dry side
Zone 4: wet side support
Zone 5: downtown
zone 6: balboa hospital
How many sectors does NBSD have?
7
What are the 7 sectors at NBSD
Alpha: (zone 1; gates 2, 5, 6, 6(south and north, inbound lane of 7)
Bravo: (zone 4; outbound lane of 7, 9)
Charlie: (zone 4; gate 13)
Delta: (zone 3; gate 43, 29, 32)
Echo: (zone 2; gate 23, 15, 20 (20 not used)
fox : (zone 5; post 27 quarterdeck, post 27 avg)
Hotel: (zone 6; balboa main, balboa ER gate)
Whiskey: (COG takes zone 1 & 4 ) ships/ ports
FYI- zone 1 takes Alpha&Bravo sectors
zone 4 takes bravo and Charlie sectors gate 9, 13)
What are NBSD 4 Jurisdictions
Exclusive- we have sole authority and can assimilate
proprietary- state leases the land to federal government and we cannot assimilate
Partial- same as exclusive expect for tax law
Concurrent- ONLY zone 5 state, local, and ourselves have jurisdiction
7 reasons to pursuit off base
Rape, murder, armed burglary, arson w occupants, hit and run with bodily harm/ injury, kidnapping, aggravated assault.
What are your 4 codes
Code 1- routine response (no lights or sirens)
Code 2- urgent response (lights no siren)
Code 3- emergency response (lights and sirens)
Code 4- no further assistance needed/ situation under control
FYI- code 2/4 can be used when life threatening emergencies occur
What can terminate my pursuit
San Diego police take over or border (905) highway
What are 3 phases of a dui
Vehicle in motion, personal contact, SFST.
What are examples of vehicle in motion
Swervin, driving to slow, blowing stop sign
What are examples of personnel contact
Slur speech, red eyes, smell, dilated pupils
What standard field sobriety tests (SFST) are used?
horizontal gaze nystagmus (HGN)
9 step walk and turn
1 leg stand
What SOP covers DUI?
What are Cali vehicle codes related to DUI?
CVC 23152; (A) 0.1 (B) 0.8
What is the legal limit to drive?
.08
What is the deprivation period?
Observation period
How long is the deprivation period?
15-20 min to observe
How does a DUI for a civilian differ from military?
Local PD is involved
How does the legal limit change for anyone underage/ Prior DUI convicted?
0.0
When are you allowed to tow without asking for permission?
Crime, parked in a Fire lane, registration
What are examples of vehicles we won’t tow?
Government vehicle
How do I know a vehicle has been abandoned?
Windows down, spider webs, missing parts
What are examples of tows that would be illegal to execute?
A vehicle Parked in a reserved spot
What is a1408 and what is it used for?
Armed forces traffic ticket. It’s a point system, you accumulate up to 12 points before a suspension.
What is a 1805 and what is it used for?
United States district court violation notice, it is a monetary ticket.
What is difference between 1408 and 1805?
1 is a point system and the other involved money
Is there anywhere you can’t write an 1408?
No
Is there anywhere you can’t write an 1805?
No
What areas can I assimilate the Cali vehicle codes?
Exclusive , partial, concurrent
What do I do with a 1408/1805 after I write it?
after you write 1805’s and 1408’s they get entered into cleoc 1805s get turned into WC office with PC statement and 1408’s go in box in desk sergeant office
Where can’t I assimilate state law?
Proprietary
Where can I assimilate state law?
Partial, exclusive, concurrent
What is the difference between Miranda and 31B?
Miranda is for civilians, 31B is for military members.
When do I advise someone of their rights?
Before asking an incriminating question.
What happens if I ask an incriminating question before advising someone of their rights?
You have to give a cleansing statement
What is a cleansing statement?
Something you read when you ask someone an incriminating question and they answer before their rights are read.
What is article 2?
persons subject to the UCMJ 1.Active duty armed forces 2. Cadets, aviations cadets, and midshipmen 3. Reservists 4. Retired entitled to pay 5. Retired reserve receiving hospitalization 6. Civilians when assigned and serving with armed forces 7. Prisoners 8. POW
What is article 5?
All places are subject to the UCMJ
What is article 7?
Apprehension
What is article 9?
Arrest or imposition of restraint.
What is Rule 302B?
That the following officers may apprehend any person subject to trial by court martial. All commissioned, warrant, petty and non commissioned officers.
What are the punitive articles?
Articles used to punish military personnel who commit crimes (while serving in the military) (77-134)
What 2 articles can’t someone be charged with?
Articles 77 - the principles
Article 79- conviction of offense charged, lesser included offenses, and attempts
What is article 77?
Defines who is liable as a principal in the commission of a UCMJ offense.
What is article 79?
Conviction of offense charged. Lesser included offenses and attempts ( it permits an accused to be found guilty of the charged offense)
Where does REOP apply?
Residences, hotel rooms, restrooms (Areas that are meant to be private)
Where does REOP not apply?
Plain view of the public
List searches not requiring probable cause?
Plain view, permissive, emergency
List searches requiring probable cause?
Search incident to apprehension, command authorized, exigent,
What does a terry frisk require?
Reasonable suspicion
What 3 things must be met to execute an exigent search?
Probable cause, exigent circumstances (flushing of toilet?), No time to obtain a warrant
Types of searches?
Command authorized (5580/9), exigent, permissive (5580/16), emergency, plain view, search incident to apprehension, terry frisk
What is the fruit of a poisonous tree?
Evidence obtained directly or indirectly from an illegal search, it is admisible in court.
What is the exclusionary rule?
Prevents the government from using illegally obtained evidence in court.
What is the plain view/Small doctrine?
Allows police to seize evidence without a warrant if it is clearly visible from a place the officer has the right to be.
What is REOP?
Reasonable expectation of privacy
What is the scope of search
The limit and boundaries within which a search can be legally conducted
When is evidence found during an inspection admissible in court?
Relevance, materiality, competency ( meaning evidence must comply with traditional standards of reliability)
When can I search a vehicle?
Probable cause, driver/passenger consent, incident to lawful arrest, vehicle is impounded (inventory search is conducted)
When can I search a trunk
Consent, probable cause, search incident to arrest, inventory search
What is an inspection
A detailed examination of something to assess its condition, quality, or compliance with standards
What is the difference between a minor and juvenile
A juvenile is someone under the age of 18 that has or is partaking in a crime