Test 1 Tcole rules, professional policing, multi-culturalism,racial profiling

Prima Facie

at first sight (face value)

Traffic stop and Pedestrian Stops requires what documentation?

1. physical description (gender, race, or ethnicity)

2. alleged violation

3. consent to search (was there a search conducted?)

4. contraband (was there any contraband found?)

5. facts supporting probable cause

6. arrest (was an arrest made?)

7. warning or citation issued (which was issued?)

Whren v. United States (1996)

- motor vehicle search exemption

- traffic violation acceptable as pretext for further investigation

- ex: you can use a traffic stop violation to find drugs

Carroll v United States (1925)

- the motor vehicle search exception to the warrant requirement

- permits police to search a vehicle without a warrant when they have PC to believe it contained contraband or evidence of a crime

- the mobility of a motor vehicle was factor in this decision

Terry v. Ohio (1968)

- stop and frisk doctrine

- stopping and briefly detaining people

- frisk and pat down

- you can pat down the OUTTER most clothing to check for weapons (for officer safety reasons)

- police officer may stop and briefly detain a person only if the officer has a reasonable suspicion, supported by articulable facts, that the individual may be involved in criminal activity

Pennsylvania v. Mimms (1977)

- allows an officer to order the DRIVER out of the vehicle following a lawful traffic stop

Maryland v. Wilson (1997)

- permits officers to order PASSENGERS out of a vehicle following a traffic stop pending the completion of the stop

Graham v. State (1998)

- passenger is "seized" based on the 4th Amendment when he is ordered to remain in a car stopped for speeding while officer checks the driver's license and registration.

- continued detention of passenger after purpose of stop is accomplished is unreasonable, unless there is reasonable, articulable suspicion to justify continuing the detention

Pryor v. State (1998)

- 4th amendment permits the warrantless search of an automobile when there is probable cause to believe that the automobile contains contraband or evidence of criminal activity... Note: there is no separate "exigency requirement" for the automobile exception to apply; probable cause alone satisfies the automobile exception to the 4th Amendment's warrant requirement.

Ferris v. State (1999)

- once the purpose of the initial stop has been fulfilled, continued detention of the car and occupants amounts to a "second stop" which must be either consensual or justified by reasonable, articulable suspicion to be valid under the Fourth Amendment.

New York v. Belton (1981)

- allowed that police may conduct a full search of a vehicle passenger compartment incidental to a custodial arrest (search incident to arrest)

- a full search would not be acceptable merely based on just issuing a citation

What is racial profiling?

a law enforcement-initiated action based on an individual's race, ethnicity, or national origin rather than on the individual's behavior or on information identifying the individual as having engaged in criminal activity

What is a pedestrian stop?

means an interaction between a peace officer and an individual who is being detained for the purpose of a criminal investigation in which the individual is not under arrest

List the concepts of professionalism

treating people with dignity and respect, ,making decisions fairly based on facts not illegitimate factors such as race, giving people a chance to tell their side of the story

What is the oxford definition of a professional

one who is engaged in one of the learned or skilled professions, or in a calling considered socially superior to a trade or handicraft

What year did the secularization of the term "Professional" occur

1675

What are the advantages of professionalism

1. public better served

2. quality of LEO's is improved

3. ethical conduct

4. more effective problem solving

5. stronger community support and respect

6. financial awards

What influences our behavior

personal values, genetics, individual thoughts and feelings, social interaction

How does peer pressure effect the ethical behavior

makes it harder to do what is right when you know the difference

Define objectivity as it pertains to personal feelings or prejudices

objectivity involves the expression or use of facts without distortion by personal feelings or prejudices-neutrality.

List the methods used to establish validity of information

ensuring accuracy of tests detecting drug and alcohol use, comparing stories from witnesses to the actual event for common elements, and checking the reliability of an informant

Honesty and Integrity, why are both important

It contributes to legitimacy within the law enforcement profession and the legitimacy of the community and police partnerships are established

-Doing what is right rather than what may be more rewarding financially is even more important

Define courage and list examples

the state or quality of mind or spirit that enables one to face danger with self-possession, confidence, and resolution; bravery; valor

Examples: running to a fire fight, facing a barricaded armed suspect

Where Chapter 37: "Perjury and other Falsification" is located in where

Penal Code Chapter 37.01

USC, Section 241- "Conspiracy against Rights" is the law pertaining to what

-If two or more persons conspire to injure, oppress, threaten, or intimidate any inhabitant of any state, territory, or district in the free exercise or enjoyment of any right or privilege secured to him by the constitution or laws of the U.S.

-fine not more than $10,000

-imprisonment not more than 10 years

Who investigates Federal, unethical conduct of officers

FBI out of Washington DC

Define "Official Oppression"

1. A public servant acting under color of his office or employment commits an offense if he:

(1) intentionally subjects another to mistreatment or arrest, detention, search, seizure

(2) intentionally denies or impedes another in the exercise or enjoyment of any right, privilege, power, or immunity

(3) intentionally subjects another to sexual harassment

Define "Sexual Harassment"

Unwelcome sexual advance, requests for sexual favors, and other verbal or physical conduct of sexual nature

Define the watch system of policing used in the NE US prior to 1900s

"watch"- was nighttime. Deterrent attempt to curtail crime by the mere presence

"ward"- day time, present on streets during day

What is August Vollmer most widely known for in policing

-goal was to bring professionalism to police during the reform era

-created the first police training school in the U.S.

Compare and contrast the different types of police models or styles of the 1900-1940's era

-automobiles & radios provided rapid response times

-moving from beats to cars distanced the police/citizen contact taking away that "personal" relationship

-reform era/August Vollmer

-emergence of the present federal law enforcement system

-"the great promise for the future of policing is the college or university"

Who or what areas of the US have heavily influenced the development of Texas Law Enforcement

-Texas Rangers

Explain/describe the traditional police service model

-reactive response (most of the workload of patrol officers and detectives consists of handling crimes that have already been committed... exceptions include crime prevention and narcotics investigations)

-incident driven (focus tends to be on one "incident" which is resolved before moving to the next "incident")

-stats based on crime rate

-the primary means of resolving incidents is to involve the criminal justice process (take people to jail)

-sworn and civilian staff all need to be on board

-used specialized units with a high degree of effectiveness

What are the rewards of providing quality police customer service

- building of pride within agency and community

What are the characteristics of the police subculture

-curiosity and suspiciousness

-solidarity (taking care of one another)

-secrecy (protection from hostile environment)

-political and social conservatism

-cynicism (Hobbesian view of social work)

-social isolation

-authoritarian approach to control

-support during difficult/stressful times

Explain the "dirty harry problem"

-good ends, but through dirty means

-you use the correct course of action to get the correct ending regarding the law and courts

-don't let your emotions get involved and let you do things outside of the law (ie: beat someone to get a confession)

Review the information pertaining to the National Advisory on Criminal Justice Standards and Goals (NAC)

-reported that police still had low educational requirements

-established minimum entry requirements

-minimum requirements for educational was 1 year of college

What year was the National Advisory on Criminal Justice Standards and Goals introduced?

1973

What did the Law Enforcement Assistance Administration accomplish

funded numerous projects to speed up the criminal justice process

Compare and contrast "incident driven" and "reactive response" to crime

- incident driven: this relies on limited information, mostly from victims, witnesses, and suspects. Focus tends to be on one "incident" which is resolved before moving to the next incident

- reactive response: most of the workload of patrol officers and detectives consists of handling crimes that have already been committed, disturbances in progress, traffic violations, and such. Exceptions include crime prevention and narcotics investigations

Analyze the characteristics of traditional (formal) police organizational structure and police subculture (informal)

paramilitary:

-authoritarian

-chain of command

-micromanagement

Alternative method???

- participative- simply, community partnerships are established, prioritized, and empowered

Define "community policing" and explain this service model

- the concept that police officers and citizens work together in creative ways to help solve contemporary community problems related to crime, fear of crime, social and physical disorder, and neighborhood decay

- belief that police need to build relationships with citizens in the community, allowing their voice to be heard in efforts to improve the overall quality of life

- shifts focus from handling random calls to solving community problems

Describe significant historical events that has influenced policing in the United States

-wars

-civil rights movement

-prohibition

Describe the evolution of policing in Texas

-during Texas' 100 years as a province of Mexico, Mexican governors reigned over the territory that is now the modern day Texas.

-the Spanish military performed policing duties at that time.

-this ended when Texas became a free and independent republic after the Battle of San Jacinto in 1836.

Describe the historical development of police service models or styles

-1900 thru 1940's (introduction of automobiles and radios, reassigned from walking beats to patrols, distancing personal relationship between ofc and citizen, "reform" era by August Vollmer, FBI, National Commission on Law Observance and Enforcement "Wickersham Commission" in 1931 that promised the future of policing needs college)

-1950's thru 1970's (improved technology further, automobiles improved response times, National Advisory Commission "NAC", Law Enforcement Assistance Administration "LEAA", became incident driven, controlled by radio system)

-1980 thru today (technology continues to improve with computers, cell phones, and weapons, development of COP,

Discuss the concept of crime stoppers and the function of the organization

- formed by LEO's, citizens, and media

-common goal= the reduction of crime and the arrest and conviction of criminals and fugitives statewide

-give tips, remain anonymous, get reward

Interpret the police organization's role in society

-network with other organizations

-duty to protect and serve the citizens of your community in an effective and efficient manner with a respectful attitude

Recognize the values of providing quality police customer service

-the community is well served, and the agency becomes a highly professional, respected service‐oriented organization.

Where do the roots of policing in America come from

Europe

Bias is another word for

Prejudice

Define ethnocentrism

act of regarding one's own culture as the center of the universe

Define race

-group of people with common ancestry and physical characteristics

-now known as ethnicity

List attitudes or feelings harbored by most prejudiced people

1. feeling of superiority

2. strange and different

3. proprietary claim

4. fear

List the elements contained in the definition of culture

learned behavior passed down from one generation to another

With regard to human relations, Ethnicity refers to shared __________and __________

With regard to human relations, Ethnicity refers to shared culture and background

Define culture

-way of thinking and acting based on tradition

-learned behavior passed down from one generation to another

Define attitude

mental position based on a person's knowledge, feelings, and experiences about someone or something influencing him/her to behave in a certain way in regard to that person or thing

___________ excites the emotions to the point of overshadowing rational judgment

Fear excites the emotions to the point of overshadowing rational judgment

Define projection

projecting one's tensions and frustrations onto other people

Define prejudice

adverse judgment or opinion formed beforehand or without knowledge or examination of facts

List forms or targets of prejudice

1. racial

2. ethnic

3. gender

4. national origin

5. political affiliation

6. sexual orientation

7. disabled/handicap

8. authority figure

9. religion

10. age

11. economic

12. weight

13. occupation

"The right to be free implies the right to be _________"

"The right to be free implies the right to be different"

What reinforces prejudice

discrimination

Why is impartiality important

if leaders of groups who have frequent contact with the law believe that the system is impartial and fair: it builds respect and cooperation among them

List positive consequences of sensitivity in a peace officers role in human relations

1. Respect of Community

2. Respect from fellow professionals

3. Self Respect

4. A better working relationship with the public

Define the TCOLE mission as it pertains to the establishments of standards and its enforcement of such

a regulatory state agency that is established to ensure that the people of Texas are served by highly trained and ethical law enforcement, corrections and telecommunications personnel

Discuss the History and importance of TCOLE

1. it was created by an act of the 59 legislature on August 30, 1965

2. powered by legislation to create rules for the oversight of Law Enforcement agencies by the occupations code title 10

Discuss the significance of the Texas Peace Officers' Memorial and the National Law Enforcement Memorial

TEXAS Memorial:

1. reporting responsibilities of individuals (the eligibility for monument)

2. specific eligibility of monument (nomination submitted to commission)

3. Determination standards (not able to find yet??)

4. Deaths Not included (natural causes, result of a crime, alcohol or drug abuse, or suicide)

The Texas Peace Officers memorial is a monument to honor and remember Texas LEO's and corrections who have died in the line of duty.

Identify what actions that could be taken by the Commission against a licensee

1. administrative penalties

2. surrendering license

3. suspending license

4. written reprimand

5. probated license

6. revoked license

Identify the criteria for continuing education for licensees

- every 24 months (2 years) you need 40 hours of education WITH the legislature update

-firearms proficiency requirement (at least once per calendar year)

-child safety check alert list training

Explain the 24 month training unit and the 48 month training cycle

-24 month training: you need 40 hours of continuing education WITH the legislature update

-48 month cycle: if you do not have your intermediate certification then you must complete the required courses: Cultural Diversity, Crisis Intervention, Special Investigative Topics, and De-escalation

Identify the criteria for TCOLE rules concerning basic training and enrollment standards

-have to be 21 years old (can be 18 with an associates degree OR 60 college credit hours or honorable discharge

-also agency has to provide firearm

-high school diploma or GED

-fingerprints for criminal record check

-psych test

-several other requirements, see handbook for full list

Identify Proficiency Certificate Requirements

1. Basic

2. Intermediate

3. Advanced

4. Masters

-submit any required applications

-have an active license

-complete required education courses

Identify the requirements for attempting a license

-to be eligible to take the State Exam, you must pass the LIT BPOC courses with a minimum average of 80 or above

List of how TCOLE rules are organized

-Chapter 211: Administration

-Chapter 215: Training and Educational Providers

-Chapter 217: Enrollment, Licensing, Appointment, and Separation

-Chapter 218: Continuing Education

-Chapter 219: Prelicensing, Reactivation, Tests, and Endorsements

-Chapter 221-: Proficiency Certificates

-Chapter 223: Enforcement

-Chapter 225: Specialized Licenses

-Chapter 227: School Marshals

-Chapter 229: Texas Peace Officer's Memorial Monument

L1 Form

statement of appointment

L2 Form

drug declaration

L3 Form

psychological declaration

F5 Form

separation report

F5 Return

current licensee's employment history when seeking employment with another LE agency

Explain the process of reporting a licensee arrest

-within 30 days the following SHALL report the arrest to the commission:

1. arresting agency

2. the agency the officer is employed with

3. the individual officer himself/herself

TCOLE Firearms Requirements

-Handgun: 50 Rounds point blank to 15 yds., with at least 20 rounds beyond 7 yds with one timed reload

-Shotgun: 5 rounds at least 15 yds

-Precision Rifle: 20 rounds at least 100 yds (50 yards if score 90)

-Patrol Rifle: 30 rounds 50 yds one timed reload (10 yards if score 90)

-Fully auto: 30 rounds at 10 yds with one reload. 25 fully automatic. 5 semi automatic

-Score must be at least 70 on each gun

Handgun

pistol or semi automatic

Patrol Rifle

sight power of 5 or less

Precision Rifle

sight power of 6 or more

Automatic Weapon

capable of fully automatic power