Criminal Procedures (Crime Scene, Elder Abuse, Roadblocks, and Title 16)

What is elder abuse?

A intentional negligent act that causes harm to an elderly person.

What percentage of elders suffer from elder abuse?

1 in 10 elders suffer from elder abuse.

What is the annual cost associated with elder abuse?

$2.6 billion per year.

Are people with dementia at greater risk for elder abuse?

Yes

What are the different types of elder abuse?

Physical abuse, psychological abuse, financial exploitation, neglect, and sexual abuse.

What type of elder abuse is described when a caregiver leaves an elderly person to fend for themselves?

Neglect.

What are some signs of physical abuse in the elderly?

Punctures, broken bones, black eyes, etc.

What is the requirement for professionals in law enforcement and medical fields regarding elder abuse?

They are required to report elder abuse.

What is EAGLE?

An online tool designed to support law enforcement officers with elder abuse situations.

What is the first priority when responding to a crime scene?

Officer safety

What is the second priority after officer safety at a crime scene?

Securing the scene

What is Locard's exchange principle?

When two objects touch, some type of transfer occurs.

Who has control of the crime scene?

The peace officer

What is the duty of the peace officer regarding the coroner?

To report the death to the coroner.

What is evidence?

Anything that tends to prove or disprove a particular belief.

What are the types of evidence?

Physical, direct, transient, and circumstantial.

What is physical evidence?

Real evidence that can be physically collected.

What is direct evidence?

Evidence based on a witness's direct experience, such as sight or hearing.

What is transient evidence?

Evidence that will be lost if not preserved, such as odors or impressions.

What is circumstantial evidence?

Evidence that establishes a logical relationship between facts.

What is the primary purpose of searching a crime scene?

To identify and collect physical evidence.

What is the chain of custody?

The process of accounting for every item from the time it is collected until it is presented in court.

What are the two types of sketches used in crime scene investigations?

Rough sketch and smooth sketch.

What is the purpose of photographs in crime scene investigations?

To create a permanent visual record.

What requirements must photographs meet to be admitted in court?

They must be relevant, material, and competent.

For a roadblock to be valid, which of the following requirements must be met?

A supervisor must approve in advance

Which of the following are legitimate reasons for roadblock?

Sobriety checkpoint

Which of the following is true regarding dogs at roadblocks?

dogs are allowed but at secondary location

Two threats to liberty during roadblocks

Arbitrary stops
Oppressive interference

What are two concerns dealt with in oppressive interference?

Intrusions to privacy and travel--
intrusions into motorists’ sense of security

What are three methods to combat intrusions to privacy and travel

Brevity--shorter stops:
Minimal inquiry--fewer questions:
Exterior inspection--lower expectation of privacy.

What are two methods to combat intrusions to sense of security

Reduce anxiety by clearly identifying checkpoint--
Stopping all vehicles.

which case developed the five factor test for roadblocks/

LaFontaine

What are the five LaFontaine factors

1. Decision to implement was made by a supervisor in advance --
2.All vehicles are stopped--
3. Delay is minimal--
4. Well identified--
5. Screening officers training and experience are sufficient to qualify them to determine which drivers should be given SFSTs. (no longer a factor for determining constitutionality of the roadblock)

Can an arrest warrant be issued anywhere in the State of GA regardless of county of the crimes commission?

Yes

Can an arrest warrant be served in any county regardless of location of commission?

Yes

which of the following is an exception for a search warrant requirement?

Inventory search during impound

What should officers do with items that are locked during an inventory search?

Should be searched via department policy

Search warrant for flat screen tv, officers search a drawer and finds cocaine. The cocaine is...

not admissible

officer has warrant with no special provisions and enters motel without knocking and finds drugs

Drugs inadmissible due to no knock not being mentioned on warrant.

which of the following would not be considered valid consent

search authorized by a landlord for a tenet's room.

valid consent must be

voluntarily given

peace officer is authorized to use what levels of force during search warrant

reasonable force to complete search warrant requirements.

standard of proof for a search warrant

PC

Officers are chasing a suspect for running stop sign and he dips out of car and runs into a house. an officer can...

enter the house due to hot pursuit exception

a full inventory of a car is dependent on

inventory during impound

search warrant may be executed when...

during any reasonable hour

which of the following people can execute a search warrant?

any peace officer

a peace officer has requested consent to seach 2 bedroom apartment. Tenet's have exclusive use of each of their respective rooms. in order to search both rooms officers must obtain consent from...

both of the residents.

a seizure occurs when

application of physical force or officers show of authority

a search incident to arrest must be contingent on

a lawful arrest

which constitutes arrest

detaining for unreasonable amount of time

US supreme court that applied exclusionary rule to states

Mapp v Ohio

first case of exclusionary rule applied

Weeks v United States

Which tier of officer/citizen contact requires PC

Tier 3

there are 3 tiers of police/citizen contact. which is level 2

detaining a robbery suspect who meets description

which is level three encounter

arrests for simple battery

maximum time a suspect can be held without arrest warrant

48 hrs

pursuant to search incident to arrest in a residence

an officer can search anything in the suspects immediate control

officer stops vehicle at road block, doesnt have ID, arrested for no license. Vehicle released to wife but officers search the rest of the car and find cocaine.

not admissible because no reason to continue search

peace officer is given oral consent to search by owner. The owner may...

may be withdrawn anytime

domestic complaint, wife has bruises, bro is arrested. The arrest is...

valid cause of PC

exclusionary rule doenst apply to who

private citizens

The good faith exception does not apply to GA--T/F

True

when conducting search incident to lawful arrest, officer should

conduct an intrusive search into the suspects clothing

vehicle inventory must not be

a guise for a search

which of the following is an element of an arrest?

A seizure must occur

What does "occurred in an officers presence" mean?

All the senses. Smell, sight, sound, etc.

a search warrant which is not executed during the statutory time period is...

not valid

officer may issue uniform traffic citation based on info received from another officer, even though arresting officer wasnt present. (T/F)

true

if officer's POST certification lapses, he has..

no more arrest powers than any other citizen

arrests may be based on collective knowledge which means what?

Knowledge from dispatchers, bulletins, informants, etc.

stop and frisk exception permits a police officer to frisk for what

only weapons.

warrant for arrest may be issued in any county of GA? (T/F)

True, but almost every case should be issued in the county of violation

during execution of search warrant, visitor is sitting on the couch of the violators living room. And officer must have what to also search the visitor?

ARS

Arrest warrant for peace officer that occurred during scope of employment can only be issued by ...

A superior court judge

Officer stops vehicle for weaving and not maintaining consistent speed. He never broke speed limit or lane of travel. Officer's arrest was on what grounds?

ARS

Peace officer has valid arrest warrant and PC that guy is in another dude’s house. Officer must do what to enter into the house?

Officer must obtain a search warrant for that separate house.

A private citizen can resist an unlawful arrest (T/F)

True

Oral consent to search residence

May be withdrawn

Search warrant execution timeframe

Must be executed within 10 days

Copy of executed search warrant

Must leave a copy in a conspicuous spot if no one is there

Scope of a search warrant

Defined by size and nature of the evidence, fruits of the crime, etc.

Magistrate's requirement for issuing a search warrant

Must be neutral and detached

Consequence of not executing a search warrant within 10 days

Is void

Written return of items seized

Must be presented within unnecessary delay

Parts of a search warrant

Affidavit and command

Authority to issue a search warrant

Any judicial officer with power to hold court of inquiry

Requirement for obtaining a valid search warrant

Must present probable cause