Name and describe the three sources of law.
Constitutional Law
The Constitution is the basic law of the land. It defines the fundamental principles for governments, including grants and limitations of power. Constitutional law is the supreme law of the land. All other laws must comply with the basi
Describe how the First Amendment affects the law enforcement function.
The First Amendment establishes rights that we consider basic in a free society. These rights are the freedoms of religion, speech, press, assembly, and petition. These rights cannot be infringed upon by governments or law enforcement officers. Until an i
Recognize the criminal and civil consequences law enforcement officers may face by violating a citizen's constitutional rights.
An illegal search or seizure violates a person's rights and may lead to adverse consequences for the officer who engaged in the illegality. Such consequences may include a criminal or civil case brought against the officer, suppression of evidence recover
Explain the jurisdictional powers of law enforcement officers in North Carolina.
Territorial Jurisdiction
- Refers to the geographical area in which a law enforcement officer is empowered to act
Statewide - LEOs may arrest anywhere in the state
1. State Highway Patrol
2. DMV
3. SBI
4. ALE
5. Wildlife
6. Probation and Parole officers
L
Compare and contrast "reasonable suspicion" and "probable cause.
Reasonable Suspicion
-minimal level of objective justification
-more than a hunch, but less than probable cause
-the stop must be based on specific and articulable facts, viewed through the eyes of a reasonable OFFICER, through his experience and training
Apply the North Carolina statutory requirements for
-G.S. 15A-401 - making a warrantless arrest;
Offense committed in the presence of the officer: an officer may arrest without a warrant any person who the officer has probable cause to believe has committed a criminal offense in the officer's presence. Off
Explain the role of law enforcement in the issuance of various forms of criminal process.
Officers usually appear before the magistrate to present under oath the facts which justify the issuance of the warrant or other process. The magistrate has to make an independent judgment to whether or not there is probably cause to issue the warrant the
Compare and contrast "voluntary contact," "investigative detention," and "arrest.
Voluntary contact
- This type of encounter is useful in conducting a non-custodial interview with a person. An officer can simply request to speak with the person. However, the officer should make sure the person knows they are not being detained/arrested
Identify the statutory procedures officers must follow after making an arrest.
1. The officer must present the arrested individual to a magistrate or judicial official without unnecessary delay:
2. To find probably cause for a warrantless arrest
3. To set pre-trial release conditions
4. The officer must allow defendant to communicat
Describe the statutory requirements for conducting an arrest with a warrant.
1. Valid throughout the state
2. Issued and signed by a judicial official
3. Names or describes defendant
4. States the offense
5. Must be returned after 180 days if not served, but still valid after that.
6. A state automated Electronic Repository exists
Determine the appropriate level of force when given fact scenarios involving deadly and non-deadly force situations.
- Deadly physical force is authorized when
1. To defend himself or third person from what he reasonably believes to be the use or imminent use of deadly physical force.
2. To prevent the escape of a suspect from custody who he reasonably believes is attem
Describe the scope of a lawful warrantless searches:
- Conducting a consent search of persons, premises, or vehicles
a. The scope of the search depends on the terms of the consent given to the officers. A person giving consent may also limit that consent in any manner, including limiting the duration, locat
Explain specific rules involving the search of motor vehicles.
If officers have probable cause to believe there is evidence of crime in the vehicle, the may search anywhere in the vehicle where the evidence could be located, including the truck (must be in public place). A search warrant (or consent or an emergency)
Identify the legal requirements governing preparation and execution of a search warrant for a suspects premises, vehicle, or person
- G.S. 15A-248 states that a search warrant must be executed within 48 hours after it is issued or it is void. The officer executing the warrant:
Must be authorized to act as an officer at the subject location, and
Must have the authority to search for th
Identify the special search warrant concerns in obscenity, crime scene, and financial crime situations.
Only a district attorney or assistant district attorney may apply for a search warrant to search and seize obscene materials. It is unlawful to search a crime scene without a warrant. However, officers and secure a crime scene due to exigent circumstances
Identify the situations when only a District Attorney's Office may apply for a warrant or order.
Obscenity offenses and nontestimonial identification order.
Explain the legal concepts of "custody" and "interrogation" as they relate to the requirements of the United States Supreme Court decision, Miranda v. Arizona.
Miranda warnings are required when the person is in custody and under interrogation. A suspect is in "custody" for Miranda purposes when he has been formally arrested or when his freedom of movement has been restrained to the extent associated with a form
List the four Miranda warnings, as well as the additional juvenile warnings under G.S. 7B-2101
Adult Warnings: 18+
- You have the right to remain silent.
- What you say can be and may be used against you in a court of law
- You have the right to have a lawyer present during questioning.
- You have the right to an appointed lawyer during interrogati
Identify and explain the exceptions to the Miranda requirement.
Exceptions to the Miranda Rule (warnings not required):
-Routine booking questions (except DOB in some rape cases).
-Public safety exception
-Spontaneous, volunteered statements that are not the result of custodial interrogation
-Custodial or noncustodial
Explain how non-custodial interview techniques can be used to obtain lawful confessions.
-Inform the suspect that she is not under arrest
-Do not surround the suspect with officers
-Do not display weapons during the questioning
-Inform the suspect that they are free to discontinue the interview and leave at any time
-Allow the suspect to make
Explain how the right to counsel provided by the 5th Amendment and the right to counsel provided by the 6th Amendment protect suspects during interrogation by law enforcement officers
-The 5th Amendment gave rise to Miranda rights. A person in custody has the right to counsel before interrogation or questioning can begin. However, if the officer does not have to interrogate, then the officer should not advise the person in custody of t
Identify the procedures for conducting a photographic lineup under NC eyewitness identification reform act.
1. A line-up must be conducted by an independent administrator or by an alternative method approved by the North Carolina Criminal Justice Education and Training Standards Commission.
2. The photos in a line-up must be presented to witnesses sequentially
Name and describe the three sources of law.
Constitutional Law
The Constitution is the basic law of the land. It defines the fundamental principles for governments, including grants and limitations of power. Constitutional law is the supreme law of the land. All other laws must comply with the basi
Describe how the First Amendment affects the law enforcement function.
The First Amendment establishes rights that we consider basic in a free society. These rights are the freedoms of religion, speech, press, assembly, and petition. These rights cannot be infringed upon by governments or law enforcement officers. Until an i
Recognize the criminal and civil consequences law enforcement officers may face by violating a citizen's constitutional rights.
An illegal search or seizure violates a person's rights and may lead to adverse consequences for the officer who engaged in the illegality. Such consequences may include a criminal or civil case brought against the officer, suppression of evidence recover
Explain the jurisdictional powers of law enforcement officers in North Carolina.
Territorial Jurisdiction
- Refers to the geographical area in which a law enforcement officer is empowered to act
Statewide - LEOs may arrest anywhere in the state
1. State Highway Patrol
2. DMV
3. SBI
4. ALE
5. Wildlife
6. Probation and Parole officers
L
Compare and contrast "reasonable suspicion" and "probable cause.
Reasonable Suspicion
-minimal level of objective justification
-more than a hunch, but less than probable cause
-the stop must be based on specific and articulable facts, viewed through the eyes of a reasonable OFFICER, through his experience and training
Apply the North Carolina statutory requirements for
-G.S. 15A-401 - making a warrantless arrest;
Offense committed in the presence of the officer: an officer may arrest without a warrant any person who the officer has probable cause to believe has committed a criminal offense in the officer's presence. Off
Explain the role of law enforcement in the issuance of various forms of criminal process.
Officers usually appear before the magistrate to present under oath the facts which justify the issuance of the warrant or other process. The magistrate has to make an independent judgment to whether or not there is probably cause to issue the warrant the
Compare and contrast "voluntary contact," "investigative detention," and "arrest.
Voluntary contact
- This type of encounter is useful in conducting a non-custodial interview with a person. An officer can simply request to speak with the person. However, the officer should make sure the person knows they are not being detained/arrested
Identify the statutory procedures officers must follow after making an arrest.
1. The officer must present the arrested individual to a magistrate or judicial official without unnecessary delay:
2. To find probably cause for a warrantless arrest
3. To set pre-trial release conditions
4. The officer must allow defendant to communicat
Describe the statutory requirements for conducting an arrest with a warrant.
1. Valid throughout the state
2. Issued and signed by a judicial official
3. Names or describes defendant
4. States the offense
5. Must be returned after 180 days if not served, but still valid after that.
6. A state automated Electronic Repository exists
Determine the appropriate level of force when given fact scenarios involving deadly and non-deadly force situations.
- Deadly physical force is authorized when
1. To defend himself or third person from what he reasonably believes to be the use or imminent use of deadly physical force.
2. To prevent the escape of a suspect from custody who he reasonably believes is attem
Describe the scope of a lawful warrantless searches:
- Conducting a consent search of persons, premises, or vehicles
a. The scope of the search depends on the terms of the consent given to the officers. A person giving consent may also limit that consent in any manner, including limiting the duration, locat
Explain specific rules involving the search of motor vehicles.
If officers have probable cause to believe there is evidence of crime in the vehicle, the may search anywhere in the vehicle where the evidence could be located, including the truck (must be in public place). A search warrant (or consent or an emergency)
Identify the legal requirements governing preparation and execution of a search warrant for a suspects premises, vehicle, or person
- G.S. 15A-248 states that a search warrant must be executed within 48 hours after it is issued or it is void. The officer executing the warrant:
Must be authorized to act as an officer at the subject location, and
Must have the authority to search for th
Identify the special search warrant concerns in obscenity, crime scene, and financial crime situations.
Only a district attorney or assistant district attorney may apply for a search warrant to search and seize obscene materials. It is unlawful to search a crime scene without a warrant. However, officers and secure a crime scene due to exigent circumstances
Identify the situations when only a District Attorney's Office may apply for a warrant or order.
Obscenity offenses and nontestimonial identification order.
Explain the legal concepts of "custody" and "interrogation" as they relate to the requirements of the United States Supreme Court decision, Miranda v. Arizona.
Miranda warnings are required when the person is in custody and under interrogation. A suspect is in "custody" for Miranda purposes when he has been formally arrested or when his freedom of movement has been restrained to the extent associated with a form
List the four Miranda warnings, as well as the additional juvenile warnings under G.S. 7B-2101
Adult Warnings: 18+
- You have the right to remain silent.
- What you say can be and may be used against you in a court of law
- You have the right to have a lawyer present during questioning.
- You have the right to an appointed lawyer during interrogati
Identify and explain the exceptions to the Miranda requirement.
Exceptions to the Miranda Rule (warnings not required):
-Routine booking questions (except DOB in some rape cases).
-Public safety exception
-Spontaneous, volunteered statements that are not the result of custodial interrogation
-Custodial or noncustodial
Explain how non-custodial interview techniques can be used to obtain lawful confessions.
-Inform the suspect that she is not under arrest
-Do not surround the suspect with officers
-Do not display weapons during the questioning
-Inform the suspect that they are free to discontinue the interview and leave at any time
-Allow the suspect to make
Explain how the right to counsel provided by the 5th Amendment and the right to counsel provided by the 6th Amendment protect suspects during interrogation by law enforcement officers
-The 5th Amendment gave rise to Miranda rights. A person in custody has the right to counsel before interrogation or questioning can begin. However, if the officer does not have to interrogate, then the officer should not advise the person in custody of t
Identify the procedures for conducting a photographic lineup under NC eyewitness identification reform act.
1. A line-up must be conducted by an independent administrator or by an alternative method approved by the North Carolina Criminal Justice Education and Training Standards Commission.
2. The photos in a line-up must be presented to witnesses sequentially