Total Exam 3 CITP

EPO 1: When does the 4th amendment apply to Government action?

UNREASONABLE Arrest search and seizures

What is “Reasonable Suspicion”?

FACTS AND CIRCUMSTANCES that would cause a reasonable LEO to conclude that criminal activity might be A-FOOT

Private actors can become govt agents if

• Govt affirmatively encouraged, initiated, or instigated the action 

• Govt knew/acquiesced to conduct 

• Private party intended to assist LEOs at the time of search/seizure

Probable Cause 

Does a reasonable person have belief that a crime is/was committed

What constitutes a Search?

Physical intrusion on body, home, documents, or personal property

EPO 2: Identify situations in which a reasonable expectation of privacy exists

Bodies (persons), Dwellings (Homes), Vehicles

What are the 2 types of searches that came from Katz v United States (1967) and Jones v United States (2012)?

Invasion of a place that has a reasonable expectation of privacy (Society decides what is “reasonable” & Physical intrusion by government into a “constitutionally protected area” for gathering information is a “search” 

Public View Doctrine describes what?

It does NOT constitute a “search” to see facts that the public could see; unaided by device/technology

What are the factors to consider when determining “Curtilage”?

1. PROXIMITY of the area claimed to be curtilage to the home itself.

2. Is it included within a SINGLE ENCLOSURE surrounding the home

3. The USE of the area

4. Steps taken to PROTECT the area from observation from passers

EPO 3: Identify appropriate actions that may be taken when reasonable suspicion exists

Terry stop - detain, investigate, question

Terry frisk if RS that suspected is presently armed and dangerous

What are the three types of “People” seizures?

1. Consensual Encounter

2. Investigation Detention (Terry Stops)

3. Arrest

What are the two ways a person can be seized?

1. Application of Force

2. Submission to Officer’s “Show of Authority”

Defacto arrest

An “after the fact” evaluation by a court in regards to the actions of LEOs that would lead a reasonable person to believe they are being held on criminal charges. - Also considered an Illegal arrest.

A terry frisk requires

A lawful detention based w/RAS that crime is A-Foot

RAS that this suspect is presently armed and dangerous (PAAD)

What are some factors that could influence in a Terry stop & Frisk search?

• A bulge in a suspect’s clothing indicating the possible presence of a weapon

• A suspect’s words and actions, such as refusing to comply with an officer’s directions to display his open hands

• A tip from a reliable informant that the suspect is armed and dangerous

• Reasonable suspicion that the suspect has committed a crime, such as armed robbery

What are the two requirements for “Plain touch doctrine” to be lawful?

1. the frisk that leads to the discovery of the evidence must be lawful.

2. Recognizing something by touch must be “immediately apparent”

EPO 4: Identify when law enforcement officers may or may not use race to justify stops or arrests in accordance with department of justice guidelines

Using race ethnic background, gender, religion, sexual orientation & gender identity to make law enforcement decisions
Can NOT use identity as a sole factor in making a stop.. unconstitutional
Law enforcement decision must be random and spontaneous

When race/ethnicity, gender religion, CAN be used
SPECIFIC LEAD IN IDENTIFIED CRIMINAL ACTIVITY
relevant
timely
common sense!
When its 1 of many factors
Borders, terrorism, transportation security

When can an LEO use race to arrest someone?

LEOs MUST rely on specific characteristics in a suspect description when investigating the furtherance of a crime ONLY.

EPO 5: Identify when probable cause exists to the extent that an arrest or search may be justified

PC - specific articulable facts that a crime probably did occur and/or the person probably did it
PC to arrest - facts show crime probably occured, suspect probably did it
PC to search - facts show evidence of a crime is probably in this location now

What is the difference between “reasonable suspicion” and “probable cause”?

Facts that would make a reasonable LEO Suspicious & Facts that would make a reasonable person Believe - a crime has been committed

EPO 6: Identify the original purpose and scope of the exclusionary rule

The EXCLUSIONARY RULE
illegally obtained evidence or statements can NOT be used in court evidence
judicially created
purpose: deter unlawful police conduct


Fruit of the poisonous tree
- if the illegally obtained evidence leads you to gain more evidence, all evidence is inadmissible

EPO 7: Identify exceptions to the exclusionary rule, e.g., no standing to object, good faith, inevitable discovery, and impeachment.

• No Standing to Object

• Good Faith

• Impeachment

• Foreign Searches

• Inevitable Discovery

EPO 8: Identify the limitations of an arrest warrant

can be served 24/7 - There is no time window for the document nor is there a place to be specified
You can serve it in the suspect's residence but, you must have a reasonable belief that the susp is in the residence
Must knock and announce (identity "police", authority "warrant", purpose "open up"), unless there is an exigent circumstance 18USC 3109.
after you wait a reasonable amount of time, are refused entry or there are exigent circumstances you can use force to enter
refusal = verbal, footsteps, gunfire, sounds of evidence being destroyed

EPO 9: Identify when an arrest involving a felony requires the use of a warrant

3 requirements to arrest
- Arrest Authority
- lawful right to access (public place or warrant for private place)
- probable cause

If the felony is not committed in your presence OR
If the suspect is in their home (not a public place)

EPO 10: Identify when an arrest involving a misdemeanor does NOT require the use of a warrant

If the misdemeanor is committed in your presence OR
If the suspect is in a public place

Physical Drug Dependence

A condition where the repeated use of a drug then the body requires the drug to prevent physical withdrawal symptoms.

Psycological Drug Dependence

This occurs when a craving to use a drug is brought on by its reinforcement potential. (May develop rapidly and be more difficult to covercome)

The 3 pharmacological classifications of drugs of abuse

1) Depressants

2) Hallucinogens

3) Stimunalnts

The use of depressants by have what primary effects?

Decrease central nervous system activity, constrict pupils, anti-anxiety, sleep (hypnotic), and pain relief (analgesic)

What are narcotic depressants derived from?

These are derived from the opium poppy plant

Heroin

Schedule I narcotic (altered morphine) generally in form of Asian White (off white, tan or gray) or Mexican brown & black tar

What are the 3 non-narcotic depressants?

Tranquilizers, Alcohol, Barbiturates

TAB acronym

Tranquilizers, Alcohol, Barbiturates

Barbiturates

This is a non-narcotic depressant that relieves anxiety and is used for sedation (effect similar to intoxication but no odor of alcohol)

What are the two most abused tranquilizers?

Xanax and Valium

What are the effects of a stimulant?

Increased central nervous system activity, relieve fatigue, reduce appetite, dilate pupils, psychological dependence

Cocaine HCL (salt)

Schedule II substance that is a natural topical anesthetic, blood flow reducer, and is water soluble

Cocaine Base (Crack)

Schedule II substance that is smoked due to its insolubility

Amphetamine

Schedule II substance used for hyperactivity, insomnia, fatigue relief, and appetite suppressant

Methamphetamine

Schedule II substance produced pharmaceutically or in clandestine labs (hyperspeed and rapid speech)

Street names for meth

Crank, speed, ice

Hallucinogens

These substances are both natural and synthetic and can distort perception of reality causing sensory crossover, detachment, unpredictability, incoherent speech, psychosis and flashbacks

What does OC stand for?

Oleoresin Capsicum

What is OC?

This is an inflammatory chemical agent

What are the 4 methods of OC delivery systems?

Fog, cone, stream, gel

What is the shelf live of OC?

3-5 years for most aerosols

How long should you spray OC in the face and how long does it last?

1-2 second bursts in the face and up to 45 minutes

What is the proper distance for OC spraying?

4-6 feet

Theft

The non-consensual taking and carrying away of property of another with intent of depriving owner of said property (can include tangible and intangible things)

Embezzlement

The wrongful and intentional taking of property by an individual to whom the property had been lawfully given by employment or position of trust (rightful possession of govt property but wrongful taking of it)

Theft by conversion

Wrongfully depriving the govt of its property (misuse or taking of property regardless of intention to permanently deprive)

Theft by receipt

This prohibits knowingly receiving stollen, embezzled or converted US property (selling govt computer to friend and both know it’s a govt computer)

What amount of money is applicable for Title 18 - 641 applies to Theft and Embezzlement?

Felony over $1000

What is included in the production of false identification?

Alter, authenticate, or assemble

What are the 8 components of false identification?

Knowingly produce, transfer, possess with intent to use, possess to defraud govt (extra ID), involvement with implementation tools, possess authentication feature, ID of another, traffic features

What is the enhancement penalties for False ID?

Up to 30 years (Terrorism link) or up to 20 years (Drug trafficking or violent crime)

False statements

It’s a crime to knowingly make material statements to federal employees (agents) that are false, concealing or covering facts (to include writing)

Exculpatory No implications for False statements

Constitutional right to refuse to answer but there is no right to lie

What is the camera dial mode that is best for LEOs?

Programed Auto mode

What does ISO control on cameras?

This controls light sensitivity

What are the components of controlling motion for camera use?

The more light the faster the shutter speed

What does manual focus on a camera allow you to do?

This setting allows you to focus the camera past the closest object

What is the minimum recommended pixel standard for LE?

6 megapixels

How many pixels are in a megapixel?

1 million

LISA acronym

Light (natural or artificial), Shutter speed (1/60th per second minimum controls motion), Aperture (depth of field), ISO (light sensitivity)

What are the 3 ranges of crime scene photos (documentation perspective)?

Overall, midrange/intermediate, close up (90 degree angle)

What do you do with a camera memory card after use and download?

Format the SD card (which covers over existing photos, NOT DELETE)

What do you do to prevent catastrophic damage to cameras?

Turn camera off prior to any attachments or exchanging parts

Physical evidence

Anything that furnishes truth or falsity of an allegation (real and tangible, may require processing) that can establish a crime

Is physical evidence more reliable than testimony?

Yes

What speaks for itself, does not lie and is not subject to emotion?

Evidence

Locard’s Theory of Transfer

This is the principle of exchange whereby the foundation of associative evidence makes it impossible for a person to commit a crime and not leave a trace

What is class evidence?

This is general or group characteristics of evidence (ie shoes, glass, hair, paint, blood)

What is the potential problem with class evidence?

It can be circumstantial

What is trace evidence?

This is a type of evidence that general

What is a legend (when referring to physical evidence)?

The secondary document of what the symbols mean on a crime scene sketch

What are the 3 methods of measurement for crime scene processing?

Baseline, rectangular, and triangulation

What is the maximum time you have to transport wet clothing evidence before placing in evidence dry rack?

2 hours

What is the number one reason for chain of custody issues in LE?

Improper packaging of evidence

What is document material that is highly variable and favorable to specific identification?

Paper documents

Documents (physical evidence)

Any material containing marks, symbols, or signs that convey meaning or a message

What are the 2 types of exemplars?

Request (dictated writing sample) and Non-request (spontaneous writings collected-can be harder to authenticate)

What are the 2 types of responses (in relation to operational planning)?

Immediate response and planned response

What are the 3 operational planning characteristics?

Complete, flexibility, simplicity

What are the 3 phases of the operational planning characteristics for simplicity?

Receive and study the mission, select proper personnel/weapons/equipment, written operational plan

What are the 4 types of intelligence for operational planning?

General, personal, geographic, and other sources

Winning Survival Circle

This is a dynamic illustration, emphasizing that all parts are intimate in relation to officer safety and survival

What are the components of the Winning Survival Circle?

Mental preparation, tactics, and physical fitness

What are the dozen deadly errors?

Failed due regard while driving, improper frisk/search/handcuffing, little sleep, relax too soon, miss danger signs, take bad position, fail to watch hands, tactical restraint (ego), preoccupied, poor emotional and physical health, fail to wear gear, complacency

What are the risk trends that affect LEOs lives?

Professional identity, carrying weapon off duty, home security, travel safety, police on police awareness, ambush, counter ambush tactics

What are the 7 narcotic depressants?

Morphine, codeine, heroin, dilaudid, methadone, demerol, oxycodone

What are the 2 categories of the stimulant family?

Cocaine and amphetamines

What are 4 drugs in the stimulant family?

Cocaine HCL, cocaine base, amphetamine, and methamphetamine

What are the 5 drugs in the hallucinogenic family?

Cannabis, peyote, psychedelic mushrooms, LSD, PCP

Name major components that can influence perception.

Observer (background), events (bright, tattoos, moving objects), ambient conditions (weather, noise)