Negligent torts
-definition
is the failure to use such care as a
reasonably prudent and careful person
would use under similar circumstances
Negligent torts
-elements
-Duty owed to the plaintiff
-Breach of the duty owed
Your conduct is the proximate cause of damages to the plaintiff
-Damages are sustained by the plaintiff
Intentional torts
-definition
-Occurs when an officer
intentionally, knowingly, recklessly or willfully or wantonly
acts or fails to act in a situation, which results in damage to the plaintiff
-Most common type of intentional tort is the use of excessive force to make an arrest
Constitutional torts
-definition
-Occurs when an officer
violates a person's 4th and 14th amendment
rights and the violation results in injury or damage to the plaintiff
-The majority of suits alleging constitutional deprivations are brought under title 42 USC section 1983
-Most common v
Compensatory
Damages awarded by the court to pay for
actual measurable losses
by the plaintiff in a lawsuit
-these damages include lost wages, medical expenses, damaged property
Punitive
Damages awarded to a plaintiff to
punish and to make an example of the defendant
-Sends a message to the defendant and others that such behavior will not be tolerated and any future violation will be subject to similar consequences
Fourth amendment
guarantees the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizure
Katz two step inquiry
-Was the intrusion a search (was there a reasonable expectation of privacy)?
-Was it a reasonable search?
Fifth amendment
-The right to remain silent
-The right to counsel under the 5th amendment
-Privilege against compulsory self incrimination
6th amendment
right to a speedy trial, a fair jury, an attorney if the accused person wants one, and the chance to confront the witnesses who is accusing the defendant of a crime
5th amendment right to counsel
attaches when one is under arrest/in custody AND questioned/interrogated
6th amendment right to counsel
defendant has been formally charged, indicted, arraigned; had a preliminary hearing or the prosecutor has filed an information
Mosley rule
ability to conduct a second interrogation of a person who has exercised his Miranda right to remain silent
-allow significant amount of time to intervene between the first and second interrogation attempt
-give person fresh Miranda warnings again and get
Edwards rule
ability to conduct a second interrogation after a person has exercised his Miranda right to counsel present
Roberson rule
-accused, who is in custody, and has invoked the right to counsel
-cannot be subjected to a police initiated interrogation even if the interrogation concerns a different crime as long as he is in custody
-unless accused initiates further communication
-on
Juvenile statements
-if there is custodial interrogation, statement is
not admissible
unless parent, guardian or custodian is present
Exclusionary rule
Prohibits introduction of evidence obtained in violation of person's 4th, 5th, 6th amendment rights
-purpose is to deter government from violating a person's constitutional rights
Exclusionary rule does not apply to
habeas corpus proceedings, grand jury, civil cases, parole revocation hearings, non-criminal deportation hearings
Exception to exclusionary rule
-impeachment
attacking the credibility of defendant's testimony
Exception to exclusionary rule
-good faith exception
when police relied on a validly issued warrant, state statute, current case law, or court precedence that is overturned
Fruit of the poisonous tree doctrine
all illegally obtained evidence must be excluded but also all evidence obtained or derived from that evidence
Exceptions to the fruit of poisonous tree doctrine
-Independent source doctrine
allows admission of evidence that has been discovered by means wholly independent of any constitutional violation
Exceptions to the fruit of poisonous tree doctrine
-attenuation doctrine
officers have an approved search warrant, ask for consent to come in and suspect allows it
-attorney challenges the search warrant saying there was not enough PC
-court allows evidence to be presented in court because the person consented
Exceptions to the fruit of poisonous tree doctrine
-inevitable discovery
something would have been discovered regardless of the information obtained during an illegal questioning of a suspect
Exceptions to the fruit of poisonous tree doctrine
-Standing requirement
individual must have a reasonable expectation of privacy to protect
-one the society recognizes as reasonable and important to protect
Exclusions to search warrant rule
-Open fields
-Public premises
-Public place
-Plain view
-Abandoned property
-Surrendered property
-Actions of private citizens
-VIN
Exceptions to search warrant rule
-Stop and frisk
-Frisk of an automobile
-Search incident to arrest
-Automobile exception
-Automobile inventory
-Check points
-Emergencies
-Exigencies
-Hot pursuit
-Fresh pursuit
-Plain feel
Blood draws
a warrant will typically be needed for a forced blood draw
A search warrant for a blood draw should be sought in the following circumstances
-PC for arrest of suspect for vehicular homicide, vehicular assault, or a felony crime in which the defendant's intent must be proven (homicide, sexual assault, NOT a crime which only requires a mental state of knowingly),
AND
-Clear indication that the d
Terry vs. Ohio
stop based on reasonable suspicion
-frisk, if one can articulate danger/weapons
Mapp vs. Ohio
Exclusionary rule applied to all jurisdictions
Edwards vs. Arizona
-Under 5th amendment right to counsel, a suspect who invokes right to remain silent and to have an attorney, cannot be interrogated further by police until a lawyer has been made available
-Law enforcement may attempt another interrogation once suspect is
Pennsylvania vs. Mimms
right to remove drivers of vehicles
Maryland vs. Wilson
right to remove passengers from vehicles
Miranda vs. Arizona
right against compulsory self-incrimination
-fifth amendment
Tennessee vs. Garner
-fleeing felon rule
-cannot use deadly force against fleeing felons unless they are armed or are a threat to police or a third party
actus reus
guilty act
mens rea
mental state
Rights of defendants
1. Presumption of innocence
2. Legal assistance
-not eligible if defendant is not indigent, charged offense does not include a possible sentence of incarceration or because defendant refuses appointment or counsel
3. Preliminary hearing if accused of clas
Bodily injury
Physical pain, illness, or any impairment of physical condition
Deadly physical force
Force; the intended, natural, and probable consequence of which is to produce death, and which does in fact produce death.
Deadly weapon
in the manner it is used or intended to be used, is capable of producing death or SBI
Serious bodily injury
-substantial risk of death
-permanent disfigurement
-substantial risk of loss or impairment of the function of any part or organ of the body
-breaks, fractures
-burns of the second or third degree
Intentionally
-premeditated
-conscious objective is to cause the result
Knowingly
willful mental state
-impulsive conduct
-aware conduct is practically certain to cause result
Recklessly
consciously disregards a substantial and unjustifiable risk
Criminal negligence
gross deviation from the standard of care that a reasonable person would exercise
-omission
Strict liability
do not need to prove mental state
Persons who are not culpable of criminal responsibility
-insufficient age (less than 10 years)
-insanity (m'naughton test)
Complicity
aid, abet, advise, encourage the other person in the planning or commission of the crime
-charged as a principal
3 inchoate offenses
-criminal attempt, criminal conspiracies, criminal soliciations
Criminal attempt
-took a substantial step, intending to commit crime
-attempt merges into completed crime
Conspiracy
-An overt act
-agreed with one or more persons
-no merger
Criminal solicitation
-to attempt someone else to commit a felony
-solicitation merges into completed crime
1st degree murder
intentionally causes the death of another after deliberation
1st degree murder
-felony murder rule
BRAKES
-during course of crime or immediate flight therefrom caused death of another person
1st degree murder
-perjury
offender caused conviction and execution of an innocent person
1st degree murder
-extreme indifference to value of human life
offender under circumstances evidencing an attitude of universal malice, knowingly engaged in conduct which creates a grave risk of death
1st degree murder
-drugs sold to minor
-knowingly distributed a controlled substance to a person under 18 within 1000 feet of school and death was caused by controlled substance
1st degree murder
-death of child under 12 by one in POT
-knowingly caused death of person under 12 and was in a POT
1st degree murder
-of a peace officer or firefighter
committed first degree murder in any way and was engaged or acting in performance of any duty
2nd degree murder
offender knowingly caused the death of another
-heat of passion
Manslaughter
Recklessly caused death or another
Intentionally caused or aided in suicide of another
Criminally negligent homicide
Offender killed another person by conduct amounting to criminal negligence
Vehicular homicide
-reckless manner or under the influence
-proximate cause
1st degree assault
with intent to cause SBI, caused SBI with a deadly weapon
-disfigurement
-extreme indifference
-assault against peace officer/firefighter
-against judge
-in custody
-assault by strangulation
-heat of passion
2nd degree assault
with intent to cause bodily injury, caused injury by means of deadly weapon
-peace officer
-recklessly cause SBI
-drug inducement
-custody
-detention facility
-assault with bodily fluid
-assault by strangulation
-felony assault rule (BRAKES + murder)
3rd degree assault
-knowingly or recklessly
-caused bodily injury
-negligent with a deadly weapon
-intent to harass, annoy, threaten, alarm with bodily fluids
Vehicular assualt
-reckless
-DUI
Menacing
knowingly placed or attempted to place another in fear of imminent SBI
-threat (3M)
-deadly weapon (5F)
Criminal extortion
-Offender without legal authority
-with intent to induce the threatened person against their will
-made a threat
Reckless endangerment
-Offender recklessly engaged in conduct
-Which created a substantial risk of SBI
1st degree kidnapping
-forcibly seized and carried a person from one place or another
-with intent to get something of value of a concession in return for release of victim
*enticement
*imprisonment
2nd degree kidnapping
-Knowingly seized and carried the victim
-without consent
OR
-took, enticed, or decoyed away
-child not his own under 18
False imprisonment
2M
-knowingly confined or detained another without consent
5F
-use force or threat of force to confine and confine for 12+ hours
Enticement of a child
-child under 15
-to enter secluded place
-with intent to commit sexual assault or contact
Sexual assault
penetration or intrusion
-causes submission of victim by means of sufficient consequence
-force, threats of death/kidnap, future retaliation, drugging, incapacity, erroneous belief, age, detention facility/hospital, treatment, physical helplessness
Unlawful sexual contact
knowingly sexually contacted victim under one of the following circumstances
-nonconsensual, incapacity, helplessness, drugging, detention facility, treatment, watching child under 18 with another person
Sexual assault on child
touching intimate parts of a child less than 15 years old
Sexual assault on a child by one in a POT
was in a POT and knowingly subjected a child under 18 to sexual contact
Invasion of privacy for sexual gratification
Knowingly observes or takes photos of intimate parts w/o consent, victim has reasonable expectation of privacy
-for observer's sexual gratification
Human trafficking
1. Involuntary servitude
2. Sexual servitude
Stalking
-Offender directly or indirectly
-Makes credible threat and in connection with that threat
-Repeatedly follows, approaches, contacts or places under surveillance
1st degree arson
knowingly set fire to a building or occupied structure
2nd degree arson
knowingly set fire to any property, not a building or occupied structure
3rd degree arson
by fire, intentionally damaged property with intent to defraud
4th degree arson
knowingly or recklessly starts or maintains a fire or causes an explosion and places a person in danger of death or SBI or any building in danger of damage
1st degree burglary
Knowingly entered or remained in a building or occupied structure with intent to commit a crime against a person or property and assaults/menaces
2nd degree burglary
Knowingly entered or remained in a building or occupied structure with intent to commit a crime against a person or property and does not assaults/menaces
3rd degree burglary
broke into a vault, safe, cash register, etc.
Robbery
knowingly took anything of value from person or presence of another by use of force, threats, intimidation
Aggravated robbery
knowingly took anything of value from person or presence of another by use of force, threats, intimidation
-with deadly weapon
Theft
stealing of anything of value from another
-penalty depends upon the value
1st degree aggravated motor vehicle theft
-took care for 24+ hours
-alters or disguises the vehicle
-altered/removed the VIN
-used it in the commission of a crime
-caused $500 worth of damage
-caused bodily injury
-removed from state for 12+ hours
-attached/displayed a license plate not issued to
2nd degree aggravated motor vehicle theft
joyriding, puffing
-control of vehicle without authorization
Criminal mischief
damaging another's real or personal property
1st degree criminal trespass
1. Dwelling
-entry or remaining in a dwelling
2. Vehicle
-entered with intent to commit a crime
2nd degree criminal trespass
Entered or remained upon premises of another which were enclosed in such a manner designed to keep intruders out
-common areas
-remains in vehicle of another
3rd degree criminal trespass
unlawfully entered or remained upon any premise of another
1st degree criminal tampering
interference with the property of a utility or institution providing health or safety protection with the intent to cause interruption or impairment of a service rendered to the public
-health or safety
2nd degree criminal tampering
-intent to cause injury, inconvenience or annoyance
-made connections with the property of a utility
Abandonment of a motor vehicle
intention not to retain possession of or assert ownership over it
-more than 7 days
-license plate or identifying marks have been removed
-damaged so severely that it is considered salvage
-owner notified and has not moved it within 3 days
Criminal use of noxious substance
intent to interfere with a person's use or enjoyment of land/building/vehicle
-deposited a stink bomb, device, irritant or offensive smelling substance
Forgery
-with the intent to defraud
-falsely made/completed/altered/uttered
-money, stamps, issued by gov
-stocks, bonds
-deed, will, contract, check
-public record
-transportation tickets
-lottery tickets
2nd degree forgery
-with the intent to defraud
-falsely made, completed, altered, uttered
-written instrument not listed in forgery
Criminal possession of a forged instrument
possessed a forged written instrument listed in forgery with intent to defraud
Criminal possession of a 2nd degree forged instrument
-possessed a forged written instrument of a type specified in 2nd degree forgery with intent to defraud
Criminal possession of forgery devices
things that help you make forged documents
-plate, die, equipment,
Criminal simultion
Offender with intent to defraud
-made, altered, or represented any object in such a fashion that it appeared to have antiquity, rarity, source, authorship, ingredient, composition
Criminal impersonation
-Marriage
-Bail or surety
-Subjection another to civil/criminal penalty
-Self-benefit or to injure/defraud another
Fraud by check
with intent to defraud
-insufficient funds
-closed account
-opening under a false name
Issuance of bad check
-no intent to defraud but knows they have insufficient funds
Identity theft
-Personal identifying info, financial identifying info or financial device
-intent to obtain cash, credit, property, services or any other thing of value
-unlawful use
-unlawful possession
-falsely makes or completes
-to apply for credit application
-to o
Bigamy
offender married or cohabitated with another person
Incest
knowingly married or inflicted sexual penetration or sexual intrusion or subject sexual contact to
-ancestor
-descendent
-natural child, adopted or stepchild over 21
-brother, sister
-uncle, aunt
-nephew, niece
Aggravated incest
1. Marrying natural child under age of 21
2. Incest with stepchild or adopted child under 21
3. Incest with others who are not your children who are under 10 years
Wrongs to children CRS-18
-age
under 16
CRS-19 age of child
under 18
Child abuse
-Acted knowingly or recklessly
-caused injury to a child or posed a threat of injury
-engaged in malnourishment, lack of proper medical care, cruel punishment, mistreatment, death or SBI
-criminal negligence
Sexual exploitation of children
-age
under 18
Sexual exploitation of children
-child porn
-financing and publishing
-possession
Harboring a minor
provided shelter to a minor without consent of the minor's parent
-failed to release minor to LE or disclose information
Contributing to delinquency of a minor
Offender knowingly induced, aided, encouraged, a child under 18
-to violate any federal, state law or municipal or county ordinance or court order
Domestic violence
is an act or threatened act of violence upon a person in an intimate relationship
At risk adult
a person who is 70 years or older
-18 or older with a disability
At risk adult IDD
18 or older with an intellectual and developmental disability
At risk person
at risk adult, at risk adult with IDD, at risk elder, at risk juvenile
at risk juvenile
under 18 and is a person with a disability
At risk elder
70 years or older
Criminal exploitation of an at risk person
knowingly used deception, harassment, intimidation or undue influence to permanently or temporarily deprive an at risk person of the use, benefit or possession of anything of value
Prostitution
-Offender knowingly performed or offered to perform an act of sexual intercourse with a person for money or anything of value
Patronizing a prostitute
-offender engaged in an act of sexual intercourse with a prostitute
Public indecency
-Performed an act of sexual intercourse or lewd exposure of the body or lewd fondling or caress of the body
-Knowing exposure of the person's genitals and in a public place where the conduct may have been reasonably have been expected to be viewed by memb
Indecent exposure
Knowingly exposed genitals with intent to arouse or satisfy the sexual desire of any person
Age for child prostitution
under 18
Resisting arrest
-Use of threat of use of physical force or violence to prevent arrest
-Use of any means to create a substantial risk of causing physical injury to prevent arrest
Obstructing a peace officer
-by using or threatening to use violence/force/physical interference or obstacle
-knowingly obstructed, impaired, or hindered the enforcement of the penal law/preservation of the peace
-by a peace officer acting in his official authority
Accessory to crime
render assistance with intent to hinder, delay, prevent discovery, detention, apprehension of a person
Compounding
1. Refraining from seeking prosecution
2. Refraining from reporting crime
1st degree introduction of contraband
weapon, booze, drugs into jail
2nd degree introduction of contraband
-detention facility
-keys, cutting tool
-money, stamps
-prescription drug
-disguises
-drug paraphernalia
-chain, ladder, rope
-obscene materil
Bribery
-give a benefit to a public servant with intent to influence the public servant
-was a public servant and solicited/accepted a benefit upon agreement
1st degree official misconduct
offender was a public servant and with the intent to obtain a benefit for himself or another, maliciously caused harm to another
2nd degree official misconduct
offender was a public servant and knowingly refrained from performing a duty
1st degree perjury
in any official proceeding, knowingly made a false statement under an oath
2nd degree perjury
with intent to mislead a public servant in performance of duty, made a false statement under an oath
Inciting a riot
-Offender knowingly incited or urged a group of 5 or more to engage in a current or impending riot
-Gave commands in furtherance of a riot
Disorderly conduct
1. Course and offensive utterance in a public place intended to cause an immediate breach of the peace
2. Unreasonable peace in a public place
3. Fought with another in a public place
4. Discharged a firearm in a public place
5. Displaying a deadly weapon
Harassment
1. Physical contact- no pain
2. Obscene language or gesture- does not cause immediate breath of peace
3. Followed- does not require credible threat
4. Telephone communication
5. Telephone calls
6. Communication at inconvenient hours
7. Conduct likely to p
Loitering
offender with intent to interfere with or disrupt school, loitered in a school building or on school grounds within 100 feet
Bias motivated crimes
-Offender with the intent to harass or intimidate
-Another person because of race, religion, sexual orientation or physical or mental disability
-caused bodily injury, or by words, or by damage to property
Short rfile
barrel less than 16 inches, overall length of less than 26 inches
Short shotgun
barrel less than 18 inches, overall less than 26 inches
Dangerous weapons
-firearm silence
-machine gun
-short shotgun
-short rifle
-ballistic knife
Illegal weapons
-blackjack
-gas gun
-metallic knuckles
-gravity knife
-switchblade nife
Possessing dangerous or illegal weapons
-Offender knowingly possessed a dangerous or illegal weapon with knowledge of what it is
Prohibited use of weapons
1. Aiming a firearm at another
2. Negligently discharging firearm or shooting bow and arrow
3. Setting unattended traps
4. Possession of a firearm while under the influence
5. Nunchakus and throwing stars
Illegal discharge of a firearm
-Knowingly or recklessly discharged a firearm into a dwelling or occupied structure or motor vehicle occupied by a person
Probable cause
a LE officer must be able to articulate facts that would lead a neutral independent magistrate to conclude, that under the totality of the circumstances, there is a fair probability that a citizen committed a crime
Reasonable suspicion
is a particularized and objective basis for suspecting that a citizen is involved in criminal activity
Duration of stops
-must be reasonable
-depend upon the purpose of the stop and circumstances surrounding the stop
Probation
instead of jail
Parolee
early release
Eighth amendment
prohibits cruel and unusual punishment
-prohibits excessive bail
Fourteenth amendment
guarantees equal protection and applies the right to due process of law to the states
What legal writ is used to contest the legality of a person's imprisonment?
habeas corpus
Sixth Amendment
right to assistance of counsel in a criminal prosecution
Katz vs. US
whenever an individual may harbor a reasonable expectation of privacy, he is entitles to be free from unreasonable governmental intrusion
The right to a constitutional arrest is guaranteed by which amendment
fourth
Chimel vs. California
wing span doctrine or lunge rule
US vs. Leon
good faith doctrine
Bill of attainder
a legislative act that declares a person or group guilty of a crime and assessing punishment without benefit of a trial
Licenses for drivers required (42-2-101)
-all persons must have a current valid DL
-no person should drive a vehicle for which they have not been issued the correct type or general class of license
-need to have DL in their possession
License, permit or identification card to be exhibited on demand (42-2-115)
must show DL or instruction permit to a peace officer when peace officer reasonably suspects that person is committing, has committed or is about to commit a traffic offense
Notices- change of address or name (42-2-119)
30 days to change
Unlawful possession or use of license (42-2-136)
-no person shall have in their possession a lawfully issued DL knowing that such license has been falsely altered or appears to be an authentic DL
-should not photograph, duplicate or reproduce a DL
Driving after revocation prohibited (42-2-206)
-unlawful for any person to operate any motor vehicle in this state while the revocation of the department prohibiting the operation remains in effect
Driving under restraint (42-2-138)
any denial, revocation or suspension of a person's license or privilege to drive a motor vehicle in this state or another state
Registration required(42-3-103)
-register within 60 days of purchase
-does not apply to a bike
-register within 90 days of becoming a CO resident
Number of plates to be attached
two plates except for motorcycle, a street rod vehicle, a trailer/semitrailer
Obedience to police officers 42-4-107
no person shall willfully fail or refuse to comply with any lawful order or direction of any police officer invested by law with authority to direct, control or regulate traffic
Public officers to obey provisions, exceptions for emergency vehicles (42-4-108)
the driver of an authorized emergency vehicle may
-park wherever
-proceed past red light after slowing
-exceed past speed limits
-go wrong way on streets
Obedience to official traffic control devices (42-4-603)
no driver of a vehicle shall disobey the instructions of any official traffic control device including any official hand signal
Flashing signals 42-4-605
-red flashing light: stop before proceeding
-yellow flashing light: slow down before proceeding
Vehicles approaching or entering intersection 42-4-701
-when two vehicles approach or enter an intersection from different streets at same time, the driver on the left should yield the right of way to the vehicle on the right
Operation of vehicle approached by emergency vehicle 42-4-705
-shall clear the left lane and move over to the right and shall remain in that position until the emergency vehicle has passed
Turning movements and required signals 42-4-903
a signal of intention to turn right or left shall be given continuously during not less than the last one hundred feet traveled by the vehicle in metro areas
-for at least two hundred feet on all four lane highways where speed limit is more than 40 mph
Speed limits 42-4-1101
No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions then existing
-20 mph on narrow, winding mountain roads
-25 mph in any business district
-30 mph in any residence district
-40 mph on an op
Reckless driving 42-4-1401
willful and wanton disregard for safety
Careless driving 42-4-1402
careless and imprudent manner without due regard
Accidents involving death or personal injuries 42-4-1601
-accidents resulting in injury to, SBI or death shall immediately stop
-shall remain at the scene
-
Accident involving damage 42-4-1602
-accident resulting only in damage should immediately stop
-when reasonable and able, drivers should move cars to side of road
Duty to give notice, information and aid 42-4-1603
-driver of any vehicle involved in an accident resulting in injury to, SBI, or death or damage
-shall give driver's name, address and registration number
Duty upon striking unattended vehicle or other property 42-4-1604
-shall immediately stop and either locate and notify the operator or leave name, address and registration number in a conspicuous place
Duty upon striking highway fixtures or traffic control devices 42-4-1605
a driver involved in an accident resulting only in damage to fixtures or traffic control devices upon or adjacent to a highway shall notify the road authority in charge of such property
Duty to report accident 42-4-1606
accident resulting in injury, SBI or death or damage to property should give immediate notice to police
When driver unable to give or make written report 42-4-1607
if there is an occupant in the car and driver is unable to give a report, the occupant shall give the notice
School buses 42-4-1903
-driver shall stop at least twenty feet before reaching bus if visual signal lights are specified
-driver shall not proceed until the visual signal lights are no longer being actuated
-every school bus should visibly bear "SCHOOL BUS"
-Every school bus sh
Motor vehicle defined as
any self propelled vehicle which is designed primarily for travel on the public highways and which is generally used to transport persons or property
Which traffic violation does not carry a point assessment upon conviction?
Class B infractions
A driver is required to signal any intended change in travel on any roadway where the speed limit exceeds 40 MPH
200 feet
What is the legal maximum weight limit for interstate highways without a special permit
80,000
What is the legal maximum weight limit for non-interstate highways without a special permit
85,000
A person's DL may be restricted four different ways
-denied
-revoked
-cancelled
-suspended
The habitual traffic offender statute is cited as
42-2-202
When one vehicle is towing another, what color flat must be displayed
white
During daylight hours license plates must be readable from what distance?
100 feet
Expressed consent
refusal to submit the chemical testing is tantamount to admitting guilt to DUI
Automobile holds how many passengers or less
15
Driving under the influence, driving while impaired, driving with excessive alcoholic content
-penalty
-DUI is a misdemeanor
-Class 4 felony if violation occurred after 3 or more prior convictions
Driving under the influence means
driving a motor vehicle when a person has consumed alcohol or drugs that affects the person to a degree that the person is substantially incapable, either mentally or physically to exercise clear judgement, sufficient physical control, or due care
Driving while ability impaired means
driving when a person has consumed alcohol or drugs that affects the person to the slightest degree
DUI per se
a person who drives a motor vehicle when the person's BAC is 0.08 or more at the time of driving or within two hours after driving
Expressed consent means
required to take and complete, and to cooperate in the taking of any breath or blood test for purpose of determining alcohol content so requested by a LE officer after they have PC
Gravely disabled
means a condition in which a person, as a result of a mental health disorder, is incapable of making informed decisions about or providing for his or her essential needs without significant supervision and assistance from other people
- at risk of substan
The evaluation process for mental health services can be no longer than ___ hours
72
Schedule 1 drugs
-no currently accepted medical use
-high potential for abuse
-heroin, LSD, ecstasy
Schedule 2 drugs
-high potential for abuse
-dangerous
-cocaine, meth, oxy, fentanyl
Schedule 3 drugs
-moderate to low potential for physical and psychological dependence
-ketamine, steroids, codeine
Schedule 4 drugs
-low risk of abuse and dependence
-xanax
Schedule 5 drugs
-lowest potential for abuse
-some medical purposes
Unlawful use of a controlled substance
any person who uses a controlled substance, except when provided by a person licensed for medical needs, commits a level 2 drug misdemeanor
Unlawful distribution, manufacturing, dispensing or sale
unlawful for any person to manufacture, dispense, sell or distribute a controlled substance
-induce attempt to induce with one or more persons
-penalty depends on what schedule the drug is and the weight
*don't have to receive remuneration for distributio
Possession of not more than two ounces of marijuana is a ____ in Colorado
misdemeanor
The transfer of not more than one ounce of marijuana, or not more than one-half ounce of marijuana concentrate to a minor if the person is an adult and two years older than the minor is a ________
level 4 drug felony
There are 3 classifications of criminal offenses in the CRS. Name them, listing the number of classes in each
-Felony, 6
-Misdemeanor, 3
-Petty offense, 2
What is the essential element of a hostile work environment for sexual harassment
adverse effect on work performance
How many individuals are required for a physical line up?
5
When can a juvenile be subject to direct filing (i.e. criminal charges filed by the DA in the district court as an adult)?
-16 or 17 and charged with class 1 felony, class 2 felony, crimes of violence felonies or sex offenses if the juvenile has previous felony adjudications
-violent sex offenses
-instances in which the juvenile was subject to certain previous district court
Direct evidence
witness testimony, physical evidence
What class of offense is leaving the scene of an accident involving death
class 4 felony
Who is the first person you should notify when taking a juvenile into temporary custody?
parent
What is the first notification that must be made when taking a juvenile into custody?
screening team
What type of evidence is used to imply something?
circumstantial evidence
For a quid pro quo sexual harassment case to be filed, what element must one prove in order to make such a claim?
perpetrator must be one in a position of power
What is considered a contact as described by Terry v Ohio?
an individual can leave at any time and the officer has no legal authority to hold the person
What is a detention as described under Terry v Ohio?
an individual is held in a certain place for a reasonable period of time based upon reasonable suspicion and totality of circumstances
What is the purpose of an arraignment
to inform the perpetrator of the charges against them and for the defendant to enter a plea
What is the purpose of a preliminary hearing?
to determine if there is probable cause that a crime occurred and to determine if there is probable cause that the defendant committed the crime
What is the primary function of the prosecutor?
to seek justice
What equipment is required for motorcycle riders and passengers under CO law?
eye protection
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