what are the three elements that must be present at the same time to have a fire?
Fuel, Heat, Oxygen
what are the different classes of fires and how do you extinguish them?
Class A - Common Combustibles (Wood, Paper, Cloth, Fibers)
Class B - Flammable Liquids; Petroleum Based Materials (Gasoline, Oil/Grease, Solvents, Flammable Gasses, Cooking Oils,Vinyls and some plastics)
Class C - Energized Electrical Equipment (Generator
What does the ABC and K classification of fires mean?
- Ash
- Barrel
- Current
- K: vegetable or animal oils used in commercial deep fat fryer units
What are the extinguishing methods for ABC fires?
A - Common Combustibles (Cool with water, smother with nonflammable material, Removal of Fuel, Pressurized Water extinguishers)
B - Flammable Liquids (Smothering, CO2 extinguisher, Dry Chemical Extinguisher, All purpose extinguisher)
C - Energized Electri
what may hinder an officers ability to enter a burning structure where people are trapped?
Lack of:
- Protective Clothing
- Breathing Apparatus
- specialized equipment
- Technical Training
What are the types of fires?
- Structure
- Vegetation
- Vehicle
what is an explosion?
Any substance or combination of substances that may:
- explode from the heat, shock, friction or combination
- react violently or explosively upon contact with air, water or foam
- be ignited by heat, sparks or flames
what are the two types of explosives?
high and low both are distinguished by the rate at which they burn
what is an explosive?
a sudden and rapid escape of gasses released when an unstable solid or liquid is converted to a stable gas.
what are potential dangers that are inherent in a post blast scene?
- secondary explosive device
- booby traps
- structural weaknesses
- broken gas mains
- downed power lines
- released hazardous materials
What are appropriate officer actions when responding to an aircraft crash?
1.Maintain a safe position
2. conduct initial assessment
3.secure the area
4. assume command
5. call either FAA OR MILITARY depending on aircraft.
What are appropriate officer actions when responding to an electrical power emergency?
1. all wires are "on"
2. be aware of electrocution/ exposure to hazardous materials from damaged transformers
3. don't touch
4. call utility company
5. notify EMS, public works and hazardous material response personnel
What are appropriate officer actions when responding to hazardous road conditions?
1. Isolate effected area
2. advise EMS of alternate route when responding to calls
3. Contact media to broadcast road detours
4. notify utility company, public works, fire, hazardous material personnel
What are appropriate officer actions when responding to traffic device malfunctions?
1. evaluate the need for intervention
2. use appropriate warning devices
3. notify traffic signal maintenance, public works
4. request resources... barricades etc
What are appropriate officer actions when responding to gas leaks?
1. Notify utility, public works, fire
2. direct responding units from upwind
3. eliminate/restrict ignition sources
4. never enter area or touch anything until safe
What are appropriate officer actions when responding to floods?
1. initial assessment
2. stay away from flood water
3. update communication of ongoing conditions
4. Notify Public works, Fire, public utility, railroad company
5. establish detours
6. use barricades, barrier tape, cones etc.
7. assist with evacuation
What are appropriate officer actions when responding to animal control problems?
1. Attempt to locate animal
2. determine if animal is dangerous
3. protect public safety
4. Notify animal control
5. avoid head shots to suspected rabid animals( head should be preserved for rabies test)
What are appropriate officer actions when responding to an earthquake?
1. locate survivors
2. assess area for damage and conditions requiring emergency action
3. use caution when inspecting hazards
4. isolate hazards
5. establish detours if needed
6. limit ingress/egress to authorized people
7. ensure appropriate notificatio
What is the definition of Unusual Occurrences
an unscheduled event
involving potential injury or property damage
which requires a law enforcement response
What is the mission of law enforcement when responding to an unusual occurrence
includes but not limited to:
-establishing law and order
-identifying necessary resources
-enforcing emergency rules and regulations
-providing emergency care for the sick and injured
What are the responsibilities of the first responding officer when arriving on an unusual occurrence:
officer is to:
-assume command
-establish a perimeter
-isolate the hazard
-maintain ingress/egress control
-initiate appropriate notifications
What is the Purpose of ICS:
-of the officer
-components of ICS
- Compnents of NIMS
ICS
-coordinate operations
-coordinate multi-agency responses
-establish temporary or permanent command at the scene
5 components of ICS
What are Stimulants?
Drugs that increase activity and promote a sense of well-being
- Impairs the body by overstimulating the brain, accelerating the heart rate and respiration, and elevating blood pressure
examples:
- cocaine
- amphetamines
- methamphetamines
What are hallucinogens?
Drugs that induce intense emotional feelings characterized by a magnification of sensory perceptions and possible visual hallucinations at relatively low doses
-Impairs the users ability to perceive reality and often produces a dazed appearance
examples:
What are narcotic analgesics?
- narcotic analgesics are drugs which can be synthetic or natural
-Used to relieve pain and effect a comparatively weak general CNS depression (sedation)
- very addictive; can produce withdrawal symptoms when stopped after chronic use
examples:
- opiates
What is Cannabis?
Dried leaves or buds of the marijuana plant
- Can lead to the impairment of the attention process and Kurd Jews changes in appetite and give a floating sensation to the user
examples:
- marijuana
- hashish/hash oils
- synthetic (Marinol)
What are depressants?
A large number of different drugs all of which are named for the ability to dampen the central nervous system activity while carrying a relatively weak analgesic effect. Alcohol is a subcategory of depressants that affect the central nervous system it is
What are inhalents?
Substances that are inhaled through the lungs.
- Impairs performance by blocking the passage of oxygen to the brain, producing disorientation and slurred speech
- Most prominent psychological actions of these drugs at the usual doses or feelings of excite
Word disassociative anesthetics?
Synthetic drugs that have many unpredictable effects.
-Changes in sensory perceptions and visual hallucinations similar to those described for the hallucinogens
-Can act as a stimulant, depressant, or hallucinogen, and can cause bizarre and sometimes viol
What are some common "street" names for methamphetamine/amphetamine?
Crank, meth, wired, water, batu, shabu, Crystal, speed, go fast, rice, glass, ice
What are some common street names for cocaine?
Rock, crack, bloat, snow, too, nose candy, lady, three-based, big C. Flake, snowbirds, coca, Blanca, white girl.
What is the appearance in packaging of methamphetamine/amphetamine?
Powder or a crystal form usually found in small plastic baggies, small paper bin those, or tinfoil
What is the appearance in packaging of prescription stimulants?
. Colors of pills and tablets can be found in anyt baggies, tinfoil, files, or even bottles
What is the method of use for methamphetamine/amphetamine?
Intranasal (snorted -- most common)
injected
inhalation (smoked with a pipe)
oraly (less common than the other three methods)
what is the method of use for prescription stimulants?
Oral
What is the method used for cocaine?
Inhalation (snorted)
injected (called a "speedball" when mixed with heroin)
What is a dilated pupil?
Widening of the pupil diameter to a width greater than 6.5 mm.
What is a constricted pupil?
A narrowing of the pupil diameter to it with less than 2.9 mm.
What is nystagmus?
An involuntary jerking of the eyes.
What is the Romberg test?
A field sobriety test that uses an individual's estimation of time to determine whether the body's internal clock is normal?
What are the signs and symptoms related to stimulants?
Horizontal gaze nystagmus -- not present
Vertical gaze misdiagnose -- not present
lack of conversion -- not present
pupil reaction -- slowed
pupil size -- dilated (maybe constricted with chronic use)
pulse rate -- elevated
Romberg test -- fast
What are some of the symptoms a person might display when being under the influence of a stimulant?
Paranoia -- increased alertness -- insomnia or restlessness -- body tremors including the eyelids -- increased respiration -- loss of appetite -- rapid speech -- agitation -- dry mouth -- euphoria -- sweating -- grinding teeth -- residue or redness in the
What our specific types of hallucinogens and their characteristics?
MDMA -- hallucinogen with stimulant like properties
DMT -- short acting hallucinogen found in seeds of the Cohoba plant
LSD -- short acting hallucinogen with possible long-term after effects
Peyote -- derived from the mescal button, mescaline is the psych
What is the appearance and packaging of LSD?
Liquid or powder form may be a tablet package in wrappers/cellophane-tablets/microdots in baggies or files-blotter papers/sheets-stamps/envelopes-sugar cubes
What is the appearance and packaging Peyote?
Buttons which are ground into brown granular substance and inserted into gelatin capsules
What is the appearance and packaging of Psilocybin?
Fresh or dried mushroom caps or stems that come in clear plastic baggies
What is the appearance in packaging of MDMA (ecstasy)?
Brown crystallize powder or tablet form in various colors is usually inserted into gelatin capsules or tablets stamped with a popular logo
What are the most common methods of use for different hallucinogens?
Ecstasy - oral by swallowing
DMT - inhalation through smoking
DET - inhalation or oral
LSD - oral or eyedrops
peyote - oral or inhalation through smoking
Philocybin - oral is the most common the mushrooms are eaten or ground-up input into capsules and swa
What are the signs and symptoms of someone under the influence a hallucinogen?
Horizontal gaze nystagmus -- generally not present
Vertical gaze misdiagnose -- not present
lack of conversion -- not present
pupil reaction -- normal
pupil size -- dilated (maybe constricted with chronic use)
pulse rate -- elevated
Romberg test -- fast
After taking a hallucinogen a person may exhibit what symptoms?
Hallucinations-irrational, bizarre behavior and/or paranoia-insomnia-loss of appetite-dazed appearance-impaired memory-body tremors-excessive sweating-increased respiration-restlessness-possible flashbacks-or grinding of their teeth-
Opiates come from two sources:
Opium poppy plant and synthetic manufacturers
What does heroin look like?
Brown - consistency varies from tiny pebbles to coarse face powder a vinegar like odor, and color varies from dark gummy brown to tan
tar - consistency of black or brown tar and also has a vinegar like odor
What does heroin packaging look like?
Wholesale-plastic bag, wrapped in electrical tape, prophylactics
retail-prophylactics, balloons, paper, plastic, cellophane bags and tinfoil, and preloaded syringes
What are some common methods for taking heroine?
Injection-most common
snorted as a powder or liquid
inhalation-smoked
orally-swallowed or mixed with water and consumed as a liquid
I drop container.
What are the two ways a user smokes opiates?
Heroine is smoked by using tinfoil, referred to as "chasing the Dragon," and opium is smoked by using an opium pipe
What is the equipment used for injecting heroin?
Matches or lighter, water, spoon, ball cap, so to cannonball run, hypodermic needle, small amount of cotton/cigarette filters, target, handkerchief, couch, a glasses case or other container to conceal the kit
What is the equipment needed for snorting?
Strahl, plastic pen casing, nasal sprayer, and syringe (used to spray liquid)
What are the signs and symptoms displayed by those under the influence of narcotic analgesics?
Horizontal gaze nystagmus -- not present
Vertical gaze misdiagnose -- not present
lack of conversion -- not present
pupil reaction -- little or no visible reaction
pupil size -- constricted below 3 mm
pulse rate -- below normal
Romberg test -- slow
After taking a narcotic analgesic a person may exhibit the following symptoms:
Job the eyelids, nodding off or drowsiness, slow breathing, slow deliberate speech or low raspy voice injection sites, profuse itching and scratching, dry skin and mouth, muscle tone relaxation, euphoria, and cold extremities
What is the active ingredient in cannabis?
THC
Marijuana is usually packaged according to its weight, describe those packaging types.
Brick - 1 kg (2.2 pounds or greater)
plastic bag-1 pound
plastic baggie- 1, 1/2, 1/4, 1/8 of an ounce
When someone is under the influence of cannabis what are some of their signs and symptoms?
Horizontal gaze nystagmus -- not present
Vertical gaze misdiagnose -- not present
lack of conversion -- present
pupil reaction -- normal with a rebound and dilation
pupil size -- dilated or maybe normal
pulse rate -- elevated
Romberg test -- distorted
What are some of the general indications someone is under the influence of cannabis?
Bloodshot or reddening of the eyes, eyelid and body tremors, debris residue in the mouth, dry mouth, loss of sense of time and space, diminished inhibitions, difficulty in concentrating or disorientation, increased appetite, odor of burnt marijuana, and o
Depressants are categorized as:
Tranquilizers and sedatives
What are general indicators of alcohol use?
Bloodshot and watery eyes, odor of alcoholic beverages, loss of coordination, and/or slurred speech.
What are common methods for taking depressants?
Orally (most common) injection, absorption as suppositories, snorted
A person under the influence of a depressant will display what symptoms when tested?
Horizontal gaze nystagmus -- present
Vertical gaze misdiagnose -- present (only in high doses)
lack of conversion -- present
pupil reaction -- slowed
pupil size -- near normal
pulse rate -- down
Romberg test -- slow
After taking in the press and a person may appear sluggish and somewhat disoriented they may also exhibit:
Drunken behavior with or without the odor of alcohol, drowsiness, slurred speech, droopy eyelids, decreased inhibitions, and or impaired coordination or slowed reflexes.
What are common forms of inhalants?
Solvents, aerosols and anesthetic gases
Name some anesthetic gases:
Ether, chloroform, nitrous oxide
When someone is under the influence of an inhalant what symptoms will they display when tested?
Horizontal gaze nystagmus -- present
Vertical gaze misdiagnose -- present
lack of conversion -- present
pupil reaction -- normal to slowed
pupil size -- near normal
pulse rate -- elevated
Romberg test -- normal to slow
A person using an inhaler and may have a feeling of euphoria, exaggerated well-being, vigor, and high spirits. This may be replaced with drowsiness and disoriented perception. In addition, the person may exhibit:
Double vision, slurred speech, and poor coordination, headache and nausea, sneezing and coughing, odor of substance on breath, substance around mouth or nose area, feeling of intoxication, possible unconsciousness, hallucinations, excess nasal secretions,
What is the smell of liquid PCP?
Smells like ether
What are the methods of use for PCP?
Inhalation (most common)-using commercial cigarettes treated with PCP then smoked vegetable material treated with PCP and smoked as a cigarette or any type.
Injection-injected into the vein
intranasal-powder form inhaled into the nose
orally-capsule or ta
When tested what will the person under the influence of PCP exhibit?
Horizontal gaze nystagmus -- present
Vertical gaze misdiagnose -- present
lack of conversion -- present
pupil reaction -- normal
pupil size -- normal
pulse rate -- elevated
Romberg test -- distorted
A person taking PCP may exhibit the following symptoms:
Disorientation, sensory distortions and paranoia, loss of memory or loss of sense of personal identity, slow slurred repetitive or fragmented speech, blank or catatonic stare hallucinations, chemical odor on person, feeling of extreme heat or profuse pers
What is one drug that produces the same effects as PCP?
Ketamine hydrochloride,
Summarize stimulants:
(Prescription stimulants), or a cocaine base (rock) or cocaine powder.
Summarize hallucinogens:
Hallucinogens can be in a liquid or powder form and, if organic, in the original form of fresh or dried Source stands, buttons, or seeds.
Summarize narcotic analgesics:
And opiates are some of the most commonly abused narcotic analgesics
Summarize depressants:
Depressants can be in the form of capsules, tablets, liquid or pills. They are usually packaged in bags, bottles, or files. The most commonly abused depressant is alcohol
Summarize inhalants:
(Gasoline, paint thinner, airplane glue), aerosols (spray paint), and anesthetic gases (ether, chloroform).
Summarize dissassociative aesthetics (PCP):
PCP is the most common of disassociative anesthetics and can appear in the form of a:
- Liquid - clear or yellow collored
- Crystal - off white to yellowish tan
- tablet-pale yellow or pink
D.I.D. have what?
Horizontal Gaze Nystagmus - present
D - dissociative Anesthetics
I - Inhalents
D - Depresants
D.I.D.C. have what?
Lack of Converegnce - present
D - dissociative Anesthetics
I - Inhalants
D - Depresants
C - Cannabus
Depressants
Roofies, GHB, XANAX, Alcohol, reds and blues
who are peace officers responsible to protect
The public
The Juvenile
When Do you have to tell a Juvenile of their rights?
Required to advise of rights when taken into custody without a warrant if:
-Habitually disobedient or truant (status)
-Violated an order of the juvenile court
-Violated a law or ordinance (criminal)
-Escaped from a commitment ordered by the juvenile court
When do you need a waiver
Must obtain a waiver of rights before an interrogation can take place. Need waiver to have custody+interrogation
-Do not need waiver for Dependents. If abused, neglected, hospitalized, abandoned...
-Parent or guardian must be notified ASAP of custody and
a Peace Officer has the authority to take into temporary custody, without a warrant, a minor who...
- has an immediate need for medical care
- in immediate danger of physical or sexual abuse
- has been left unattended or is in the physical environment which may pose an immediate threat to the to the minors health or safety
- comes within the jurisdictio
_____________________ is the legal equivalent to an arrest.
Temporary Custody
the legislature does not intend to ____________ when intervening into the life of a minor
- disrupt family
- intrude inappropriately into family life
- prohibit reasonable use of parental discipline
- prescribe a particular method of parenting
- limit the offering of voluntary services to those families in need of assistance
Define "Abuse in out of home care
physical injury on a child which is inflicted by non accidental means; sexual abuse or neglect; or willful cruelty or unjustifiable punishment to a child by foster parent, school, institution or agency
Define "Child Abuse
physical injury on a child which is inflicted by non accidental means by another person
Define "unlawful corporal punishment or injury
a situation where a person willfully inflicts any cruel or unusual punishment or injury resulting in a traumatic condition
Define "Neglect
acts of omission or deliberate acts of maltreatment of a child.
- General Neglect - failure to provide adequate food, clothing, shelter, or supervision where no physical injury to the child has occurred
- Severe Neglect - failure to protect a child from s
Define "Sexual Assault
acts or attempts upon a child or with a child to conduct a lewd act
Define "Willful cruelty or unjustifiable punishment of a child
a situation where a person willfully permits or causes a child to suffer, mental or physical, or permits a child to be placed in a situation such that the child's health is in danger
Define "Habitual truency
means any child is absent without a valid excuse for more than three days or four or more times in a school year
a minor can be taken into custody if he or she habitually refuses to ____________
obey reasonable orders of a parent or guardian or is habitually truant from school.
Define "compulsory education
all children between the ages of 6 and 18 unless exempted must be enrolled in an approved school program
a peace officer may without a warrant, take a minor into ____________ for a misdemeanor, even though the crime was not committed in the officers presence.
temporary custody
when determining which disposition to make, the officer shall select the least restrictive alternative for the juvenile while providing for the safety or the juvenile and the community
options to the peace officer include:
- release
- release to parent or guardian
- deliver to school or youth services or community center
- prepare a promise to appear and giving on copy to the minor and one to the responsible adult
- deliver to the juvenile probation dept.
what is a court holding facility?
secure holding facility located in a court building
juveniles can be detained in a facility that also contains adults no more than ______________
6 hours for the purposes of;
- investigating the case
- facilitating the release of the minor to a parent or guardian or arranging for a transfer to an appropriate juvenile facility
WIC Section 206 requires that minors in each category be:
segregated from minors in other categories within the law enforcement facility
A minor is in secure detention whenever he or she is:
- detained in a locked room or other secure enclosure
- secured to a cuffing rail or some other fixed object
- or reasonably restrained as necessary to prevent escape and protect the minor and others from harm
a minor must be informed of the following at the time he or she is securely detained:
- allowance of two phone calls within one hour
- purpose of secure detention
- length of time the secure detention os expected to last and
- 6 hour maximum time limit
What kind of situations could a minor and an adult prisoner
- booking
- medical screening
- inmate worker performing his or her duties
- movement of people in custody
communication is not allowed between a minor and an adult prisoner. in situations in which a minor an adult are in the same room or area, there must
what are the categories of segregation for juveniles?
- solely dependent children
- status offenders
- wards
What is the intent of the Americans with Disabilities Act of 1990 and Rehabilitation Act of 1973?
Both were written to provide clear and comprehensive mandates for the elimination of discrimination against individuals with mental and physical impairments.
(Stops discrimination of a person with disability)
What is the role that police officers use when interacting with a person with disability?
Peace officers must recognize the different types of disabilities and adjust to any special need that the person may need.
A person with a disability is a person who cannot perform a Major Life Activity easily. What are Major Life Activities?
1. Walking
2. seeing
3. hearing
4. speaking
5. breathing
6. learning
7. Performing manual tasks
8. Thinking or concentrating
9.Interacting with others
10. Working
What are the categories of Physical Disabilities?
1. Physical
2. Developmental
What are the two categories of mental disability?
1. Thought disorders
2. Mood disorders
What is the role of a peace officer when interacting with a person with a disability?
1. Do not attempt to diagnose a person's disability
2. Recognize indicators in order to make appropriate decisions regarding intervention strategies
3. Observe the person's behavior in order to determine what might be prompting the observed behavior
What are the local and state resources available to people with disabilities?
Types of resources include but not limited to:
1. Agency related assessment or crisis teams
2. Private organizations offering support groups
3. Substance abuse centers
4. County mental health centers
5. Regional developmental disabilities centers
6. indep
What is the intent of the Lanterman Developmental Disabilities Service Act?
It was written to establish California's responsibility for services for persons with disabilities.
What is developmental disabilities?
It must:
1. Manifests before an individual attains age 18
2. Continues, or can be expected to continue, indefinitely, and
3. Constitutes a substantial disability for that individual.
What are examples of Developmental disability?
1. Mental retardation
2. Cerebral palsy
3. Autism
4. Epilepsy
What are the general behavioral indicators associated with all developmental disabilities?
1. Confused/ disoriented
2.Slow response to questions
3. Slurred speech or other speech disorders
4. muscle control difficulty
5. seizure disorders
6. Lethargy
7. self-endangering behavior
8. inappropriate responses to a situation
9. lack of awareness of
What are the behavior indicators specific to Mental Retardation?
1. Poor communication skills
2. Shortened attention span
3. Poor sense of time
4.Immature social relationships
5. Overly compliant
6. Difficulty with simple tasks
7. Poor understanding of consequences of actions
What are the behavior indicators specific to Cerebral Palsy?
1. Loss of motor control
2. use of mobility aid such as a wheel chair or service dog( not all have mobility aids)
3. limited range of motion
4. involuntary, jerky movements
5. slow/slurred speech
6. Limited sensation of touch or pain
7. Persons IQ could b
What are the behavior indicators specific to Autism?
1. Difficulty relating to people
2. Aversion to being touched, especially by strangers
3. may act as if hurt when touched lightly, while ignoring painful injuries
4. avoidance of eye contact
5. may cover their eyes or ears to prevent unpleasant stimulus
6
What are the behavior indicators specific to Epilepsy?
Person who has seizures
1. staring spells
2. disorientation
3. lethargy
4. slurred speech
5. tic like movements
6. purposeless sounds and body movements
7. dropping of the head
8. lack of response
9. lip smacking, chewing, or swallowing movements
10. pick
What causes acquired neurologically based disorder?
any number of illnesses. the most common are stroke and Alzheimers
What causes traumatic neurologically based disorder?
Caused by injury to brain or spinal cord.
What are the indicators that lead an officer to believe a person is Blind or visually impaired?
1.. Service animals
2. canes
3. jerky eye movements
4. milky eyes
5. no eye contact
6. odd positioning of head
7. person holding onto arm of another person who appears to be sighted.
What are the indicators that lead an officer to believe a person is Deaf or hearing impaired?
1. Use of signing
2. hearing aids
3. signal dog
4. difficulty speaking
5. failure to respond
What are some methods an officer can use when communicating with a person who is deaf or hearing impaired?
1. notepads
2. hearing aids
3. lip reading only with skilled lip readers.
4. sign language translators
5. TTY/TDD
What does the Rehabilitation act of 1973, section 504 protect?
Requires school districts who receive federal funding to make programs and activities accessible to those with a disability
What does Right of Way VC 21963 protect?
a pedestrian totally or partially blind who is carrying a white cane with or without a red tip, or using a guide dog shall have the right of way
What is the white cane law?
A person who is visually impaired or blind is not required to carry a white cane and has all the rights and privileges as a person who does not have a disability.
What does PC 365.5 Service animals law protect?
People who need a service dog will not be denied their service dog in any area except a zoo or animal park in which the animals are separated from the public by physical barriers. Note the dog must be specially trained by a licensed person as directed by
What is Mental illness?
Term used for a group of disorders causing severe disturbances in a person's thinking, feeling, and ability to relate to others.
What are the categories of mental illness?
1.Thought disorders( delusions, irrational fears, or see visions)
2. Mood disorders( depression, excitement aka mania.)
What are some of the behavioral indicators associated with people affected by mental illness?
1. Fearfulness
2. inappropriate behavior
3. extreme rigidity or inflexibility
4. excitability
5. Impaired self care
6. Hallucinations
7. delusions
8. disorganized speech, thought patterns, or disorientation
9. depression
What are indicators that would lead an officer to believe a person with mental illness is a danger to self or others?
1. availability of weapons to the person
2. statements made by the person that suggest that he/she is prepared to commit a violent or dangerous act
3. violent history of the person
4. signs of violence at the scene prior to the officer arriving
5.begging
What is the intent of the Lanterman-Petris-Short Act (5150)?
reform commitment laws pertaining to mental health treatment.
5150 states:
person with a mental disorder and one of the following
1 Danger to others
2 danger to self
3 gravely disabled
may be taken by a peace officer or other designated person to a design
what is CLETS
California Law Enforcement Telecommunications System
what information and databases are available to law enforcement agencies through CLETS?
(CJIS) Criminal Justice Information System
(DMV) Department Of Motor Vehicle
(NCIC) National Crime Information Center
(NLETS) National Law Enforcement Training System
(CPIC) Canadian Police Information Center
when would an access into CLETS be necessary?
Include but not limited to:
- located information on lost, stolen or recovered Items including vehicles
- conducting prelim or ongoing investigations
- identifying prior criminal history records
- verifying the validity of a restraining order
- verify val
when can CLETS be used for "free messages"?
- request for records validation
- request for prisoner pickup or transport
- notice of meetings, training or announcement messages
- request for mail back information from databases
- information about surrounding the death of another officer in the line
what is MNE
it is the four character address (terminal name)assigned by the (DOJ) and CLETS
APB'S are used for what?
- major identifiable property items
- crimes against persons when their mode of operation or vehicle can be described sufficiently
- missing persons
- death or funeral information of personnel killed int he line of duty
individuals authorized physical access to CLETS terminal may be:
- sworn law enforcement personnel
- non sworn law enforcement personnel
- technical personnel
background investigations include?
- California dept of justice fingerprint checks
- FBI fingerprint checks
what is a MDT?
Mobile Digital Terminal
when can cell phones or radios be used to transmit criminal activity?
when the public or the officer is at significant risk and there is an immediate need for a criminal history information and information from other databases would not be enough
failure to keep CLETS information confidential can result in what?
- disciplinary action
- termination
-criminal action
- civil action
penal code section 502 says what?
an officer or other personnel accesses information obtained through a computer information system outside of their normal duties is guilty of a (felony)
unlawful access can include but not limited to:
taking, altering, adds, deletes, etc.
any person who violates PC502 can be subject to:
- criminal prosecution
- civil liability
- agency disciplinary action
what is CORI
Criminal Offender Record Information (CORI)
- these are summaries of criminal history records often called "rap sheets
what information is summarized under CORI?
- name
- DOB
- physical description
- fingerprints
- photographs
- summary of arrests
- pretrial preceedings
- the nature and disposition of charges
- sentencing
- incarceration
- rehabilitation
- release
how can CORI be accessed?
can be accessed from a number of different computer systems:
- local
- state
- national
State or Local CORI can be accessed only if what is present?
The right to know and the need to know
what is CJIS?
Criminal Justice Information System
available through CLETS and maintained by CA DOJ
available databases are divided between persons and property
What are the databases involving property on CLETS?
SVS
ABS
APS
AFS
What are the databases involving persons on CLETS?
WPS
CHS
CARPOS
MUPS
SRF
LEADS
VCIN/SAR
MHFPS
What is WPS?
What info required to inquire?
Wanted Persons System
warrants classified as temp, misdemeanor or felony. will also state whether agency will transport and caution codes
info needed:
- Name, sex or
-1 of: FBI#, DLN#, or SOC #
What is CHS?
What info required to inquire?
Criminal History system
-includes Master Name Index (MNI) of all individuals with digital or paper records with DOJ
-to access CHS must have
-Criminal ID and Info # or disposition number
-if you don't have access MNI w/
- name, sex, and DOB/age
Files may
What is CARPOS?
What info required to inquire?
California Restraining and Protective Order System
-Info on restraining orders involving:
-Domestic violence cases, criminal, juvenile and civil orders, and orders from out of state registered in CA
- includes info of those not allowed to buy firearms
inf
What is MUPS?
What info required to inquire?
Missing/Unidentified Persons System
-agencies required to accept report without delay, forward to missing persons, release BOLO, and give info to reporting party
- persons categorized in MUPS based on how they went missing
-contains info for CA and surrou
What is SRF?
What info required to inquire?
Supervised Release File
includes records from: CDC and CYA parolees, probationers, and federal parole and probationers.
includes info on LE contact with individuals and warnings
info required:
- Name and physical descriptor such as sex,race
What is LEADS?
What info required to inquire?
Parole Law Enforcement Automated Data System
-designed for crime analysis not tactical use.
-can show groups and map locations
-has all information for all parolees
What is VCIN/SAR?
What info required to inquire?
Violent Crime information Network- designed to consolidate info from DOJ systems
Sex and Arson Registration- provides list of registrants, geo location, physical characteristics, type of offense
Info needed:
-name & DOB,
-File Control number or
-Criminal
What is MHFPS?
What info required to inquire?
Mental health firearms prohibition System
inquiry only database. info on people prohibited from owning or possessing firearms.
prohibited based on:
-voluntary or involuntary commitment to mental facility
-attending psychotherapist reports serious threats
What is SVS?
What info required to inquire?
Stolen Vehicle System
info regarding: stolen, lost, pawned, repossessed, impounded, or recovered vehicles
requires:
-Lic, Vin, Eng, owner applied
What is ABS?
What info required to inquire?
Automated Boat System
requires:
-Reg, eng, boat hull #, owner applied#
What is APS?
What info required to inquire?
automated property system
file system containing serialized property records involving property and jewelry
required info based on:
-name: name, dob/age
-serial #- serial, category/article code/brand
What is AFS?
What info required to inquire?
Automated Firearms System
serialized firearm records. divided into two sections Law enforcement status and historical records. all firearms are coded into system
LE status:
-recorded indefinitely: stolen, found, lost, destroyed, institutional registration
what are the DMV databases?
driver license/ID card
vehicle/ vessel registration
parking/toll violation
occupational licensing
international registration plan
What is the driver license/ID card database?
what info is needed to search?
contains info on:
-basic info, driving privilege, legal history, abstract of conviction, legal actions, record of accidents, identifying info.
required for search:
-Last name, first name
-DL#/ID card #
*last name is matched by sound-alike system. first na
what is the vehicle/ vessel registration database?
What info is needed to search?
contains info on all vehicle and vessel registrations:
-license plate/CF numbers
-description
-name and address of registered owner or legal owner
-status of the record
-file automatically flagged if vehicle is placed in SVS
info needed for search:
-vehic
What is the parking/toll violation database?
what info is needed to search?
record of all outstanding parking and toll violations and includes:
-description of vehicle
-registered owner's name and address
-list of violations
-handicap placard info
*cannot tow or boot for delinquent toll but can for parking
Info needed for search:
what is the occupational licensing database?
what info is needed to search?
every person or business that holds an occupational license.
contains firm files: licensed to organizations
individual files: licensed to person
to search need:
-dealer license plate number, firm, or individual record ID #
what is the international registration plan database?
What info is needed to search?
for drivers of commercial vehicles that travel in multiple states.
no info listed for search
Possession of a prohibited weapon (PC12020)
Person who manufactures or causes to be manufactured or
Imports into the state or
Sells, offers for sale, exposes for sale, keeps for sale, or
Gives, lends, or possesses
Any weapon that has been specified
FELONY
12020: rifles and shotguns
Short barreled shotgun
Barrel length less than 18" or
Overall length less than 26"
Short barreled rifle
Barrel length less than 16" or
Overall length less than 26
12020: other firearms
Unconventional handgun
Not rifled bore and
Barrel length <18" or overall length <26"
Zip gun: potato cannon...
12020: unrecognizable firearms
Pen gun
Belt buckle gun
Cane gun
Wallet gun
12020: Undetectable firearms
Undetectable firearms: designed so that-
Grips, stocks, and magazines have been removed and firearm undetectable by x-ray or
Major component does not generate an image by x-ray
12020: blade weapons
Ballistic knife
Shuriken
Shobi-zue
12020: Dirk or dagger
Knife or other instrument
Capable of stabbing
That would inflict great bodily injury
If concealed upon person it is a FELONY
Not concealed if:
Carried in sheath
Not capable of ready use
12020: unrecognizable blade weapons
Belt buckle knife
Lipstick case knife
Cane sword
Air gauge knife
Writing pen knife
12020: striking weapons
Nunchaku- Lawful for sale or to sell to a self-defense school and keep on premises
Metal knuckles
Leaded Cane
Black jack
Billy: Club
Sandbag or sand club
Sap
Slungshot
Authorized possession of striking weapon
By law enforcement
Private security guards: must have received training and have shoulder patch
Animal control officers who have received training
12020: other prohibited weapons
Camouflaging firearm container
Multi-burst trigger activator
Large capacity magazines
Assault weapons: Unless...1-15
Specialty ammunition
Flechette dart
Explosive bullet
Concealed explosives
Illegal Knife PC 653K
Possess
On person, or
In passenger area of vehicle in public place or open to public,
Sells, offers or exposes for sale, or
Loans, transfers, or gives away,
A switchblade knife
With a blade two or more inches
MISDEMEANOR
In private residence, or in a vehi
Tear gas weapons
Any person, firm, or corporation who
Knowingly
Possesses, or sells, or transports
Any prohibited tear gas or tear gas weapon
Except as permitted
MISDEMEANOR
Tear gas
Permitted to purchase, possess, or use tear gas in aerosol spray < 2.5 ounces for self-defense
Unless
Convicted of felony or assault or
Addicted to narcotics or
Attempting to sell or give to minor or
Under 16 or
Is 16 or 17 without parental consent
Any pe
Carrying a loaded firearm
person who carries a loaded firearm
On person or In a vehicle
In public or within a prohibited area
MISDEMEANOR unless:
Prior felony, or conviction for carrying a loaded firearm
Knew stolen
Gang member
Not in lawful possession
Convicted of crime against p
Loaded firearms policy
Officers authorized to examine weapon: Refusal allows probable cause to arrest for loaded firearm
Allowed to carry loaded firearm in public to
Exemptions
-protect property or person of another or themselves if in grave immediate danger
-Making or attempti
Possession of a deadly weapon with intent
Person
Having on person
Any deadly weapon
With intent to assault another
MISDEMEANOR
CARRIES LOADED FIREARM
W/ INTENT TO COMMIT FELONY
FELONY
Altering ID marks on firearm
Changes, alters, removes, or obliterates
Name of maker, model, Manufacturers number, or other distinguishing number or mark assigned by DOJ
On firearm
Without permission of DOJ
FELONY
If buy, receive, dispose of, sell or offer for sale, or possess weapon
CCW requirements
Must reside in county, good moral character, good cause to be issued, completed training
Exempt from CCW requirements:
exempt from CCW
>18
In California
Not prohibited by law
May: purchase, own, possess, carry open or concealed, any concealable firearm
Within their:
Residence, Business, Private property,Recreational events, Media production,Transporting a firearm lawfully
Unlawful possession of a concealable firearm
Possession by minor is a felony
Person carries concealed
Firearm capable of being concealed(unloaded or loaded)
Upon person, or within vehicle
Without license or permit
MISDEMEANOR unless:
Previously convicted of a felony
Firearm is stolen
Gang member
Not
Possession of firearm by convicted felon
Convicted of a felony or Narcotic addict
FELONY
Juveniles convicted of violent offense
Prohibited from owning, possessing firearm
Until age 30
FELONY to possess
Probationer & restraining orders
Probationers may not possess FELONY
Persons under restraining orders FELONY
Possession by persons with specific misdemeanors
Person may not own, possess, or be in control of firearm
Within 10 years of conviction for
Assault
Battery
ADW
Spousal abuse
Exhibiting firearm
Stalking
FELONY
Prohibited locations
Bring or possess weapon in:
State or local public building or meeting required to be open to public
FELONY
School or school safety zone (firearm)
Kindergarten through 12th grade
playgrounds and youth centers(no safety zone)
FELONY
Non-firearm on school gr
Drawing, exhibiting, or unlawful use of deadly weapon
Person
Except in self defense
In presence of others
Exhibits in rude, angry, or threatening manner, or
Uses in fight or quarrel unlawfully
Injury or assault not required
MISDEMEANOR
Same for weapon or Firearm loaded or not
Drawing, exhibiting, or unlawful use of Firearm at Daycare center
If commit exhibition of firearm at center
FELONY
Drawing, exhibiting, or unlawful use of Firearm in presence of Police officer
If commit exhibition of firearm in presence of officer (officer on duty and ID)
FELONY
Drawing, exhibiting, or unlawful use of Firearm in or around Vehicle
Exhibiting firearm at vehicle to create apprehension or fear
FELONY
Permitting a firearm to be brought into vehicle by other
MISDEMEANOR
Drawing, exhibiting Imitation Firearm
Exhibit imitation firearm in threatening manner in way to cause apprehension or fear
MISDEMEANOR
Drawing, exhibiting Laser pointer or scope
Aims or points threatening w/ intent to cause fear or apprehension
MISDEMEANOR
Unlawfully discharging firearm
Discharging a firearm in grossly negligent manner
FELONY
Willfully and maliciously discharge at:
Inhabited dwelling, house car, or camper
Occupied building, vehicle, aircraft
FELONY
Willfully and maliciously discharge at: Unoccupied aircraft, vehicle or
Uninhabited building or dwelling
FELONY
Permitting a person to discharge from vehicle
FELONY
Discharging at a person not in vehicle
FELONY
Discharging from vehicle
FELONY
Define: Child Harm injury or Endangerment (273a)
willfully causing or permitting any child to suffer, inflicting unjustifiable pain or mental suffering or allowing a child in your custody to be placed in a situation where his or her health is in danger ---conditions likely to case great bodily harm or d
Define: physical abuse of a child (273d)
willfuly inflicts any cruel or inhuman, corporal punishment or any injury resulting in a traumatic condition - (felony) however specific specific intent to cause injury is not a requirement of this crime, it may be enough to prove criminal negligence
Define: lewd and lacivious acts with a child
willfuly committinglewd or lacivious act upon the body of a child with the purpose of arousing, apealing to, or gratifying one's sexual desire or those of the child when the child is under 14 or the child is 14 or 15 and the suspect is 10 or more years ol
What are the specific rules for the crime of lewd and lacivious acts with a child 288?
13 or under touching by anyone - 14 or 15: sexual touching when the suspect is 10 or more years older than victim - 16 or 17 other crimes may apply.
Define Lewd Act
on which is committed with a disregard of social constraints
Define: lascivious act
any act that has a tendency to excite lust
Define: Annoying or Molesting Children
anoying or molesting a child under the age of 18, touching is not necessary not nessessary to prove that they intended to annoy or molest the child just that they inteded to do the act (647.6) -(felony)
what are the specific rules for Annoying or Molesting Children?
commits an act after entering an inhabited house or dwelling without consent (647.6(b) - arrest with prior conviction (647.6( c)(1)) - the subject commits the act and has a prior felony convition under 288 or PC311.4 use of a child for pornography - all o
Define: possession of child pornography
knowingly possesses or controls any matter that shows a child under the age of 18 engaging in or simulating sexual conduct. (311.11) (felony)
Define: Unlawful Sexual intercourse
sexual intercourse with a minor under the age of 18 who is not the spouse of the perpetrator - 3 years or less difference in age (misdemeanor) - more than three years (felony)
Who is mandated under PC11166 to child abuse or respected child abuse?
child care custodians(including teachers and peace officers) - both medical and non medical practicioners - employees of child proctection agencies - child visitation monitors - firefighters - clergy (except when in confessional) - animal control officers
Penal Code 11167 says what?
ensures that the identity of a person reporting child abuse shall be kept confidential. Only CPS, counsel representing a CPS agency, DA in a criminal prosecution
Penal Code 11167.5 says....
failure to to maintain the confidentiality of the identity of a reporter of child abuse (misdemeanor)
what does a peace officer need to be able to enter a residence without a warrant
exigent circumstances or valid consent from the occupant
what are exigent circumstances
immenent danger to a persons life or safetyserious danamge to property, imminent escape of the subject or evidence is going to to be destroyed or removed.
Define: Child Abuse
(PC 11165.6) child abuse is a physical injury inflicted by other than accidental means on a child by another person, expands further to include sexual abuse of a child, neglect, willfully or unjustifiable punishment of a child, unlawful corporal punishmen
what can be classified as physical child abuse?
excessive spanking, punching, slapping or kicking, twisting limbs, burning, biting, cutting. Poking.
Define: Felony child neglect.
willfully causing a child to suffer underconditions likely to cause serious body injury, or placing a child in a situation or place where his or her health is in danger
define Temporary Protective Custody of a child
Peace officers have the authority to take a minor into temporary protective custody if the minor has suffered or is at substantial risk of suffering nonaccidental serious physical harm, by the minors parent or guardian
what things should officers be aware of when conducting an inerview with w child victim.
maintain control of the interview, take the time to build rapport with the child and gain the child's confidence, use communication techniques that are sppropriet for the childs age and maturity - gather information regarding "who""what""when""where""why
What is Perjury (P.C.118(a))?
Testifying under oath, knowingly presenting false evidence which must be of a material nature (felony) - Elements: - any person having taken an oath - to testify,depose,declare or certify truthfully - before any competent tribunal, oficer, or person - wil
What is Subornation Of Perjury (P.C. 127)?
Willfully procures another person to commit perjury (felony)
What is the crime of preventing or disuading witnesses or victims by intimidation to testify (P.C. 136.1 (a)) "intimidation of a witness
knowingly and maliciously prevents or dissuades or attempts to disuade any witness or victim from going to court to testify (felony)
Define: Threats of retaliation (P.C. 140).
willfully threatens to use force or violence upon a victim or witness. Or to damage or destroy any property of a witness. Because somebody helped Law Enforcement (felony)
What is violating a court order? (PC 166(A)(4))
violating a court order, which is anything ordered to you by the court, must have been notified of the order, this crime is a (misdemeanor) unless there is a prior court order violation involving violence or force.(felony)
what is resisting a police officer (148(A)(1))
R.D.O. - resisting, delaying or obstructing - resisting delaying or Obstructing a Peace officer or EMT from performing his or her duty (misdemeanor)
what is obstructing an excutive officer? (PC69)
resisting delaying or Obstructing an executive officer by threat or violence that deters them from the performace of their duties or who knowingly resists by force or violence such officer in the performance of his duties (felony)
what is threatening a public officer? (PC71)
intent to cause or attempt to cause a public officer or educational employee from doing or not doing something that is part of their job, by threat communicated directly to that person or their property and the threat must be credible.(felony)
define: disarming a peace officer by removing a weapon other than a firearm (PC 148(b)
resisting or delaying a peace officer by removing a non firearm from the immediate presence of the officer (misdemenaor)
define: taking a firearm from a peace officer. (PC148c)
removes or takes a firearm from the immediate presence of the officer or public officer while in the performance of his or her duties
Define: Disarming an officer by attempting to remove a firearm (148(d))
attempting to remove or take a firearm from the immediate presence of the officer or public officer while in the performance of his or her duties
what is posse comitatus?
means power of the county, came from the old west when an officer can deputize you on the spot when he is need of help, not really done now, but can be done
what is Escape?(836.6(a)),(836.6(b)) & (4530(a)),(4530ba))
a person who attempts to escape or escapes from from the custody of an officer or jail, they must know that or reasonably should know that they are under arrest. - escaping from an officer without violence is a misdemeanor - escaping from an officer WITH
what is rescue? (PC4550)
helping to or attempting to help someone to escape prison or jail or officer having lawful custody (felony)
What is lynching? (405a)
taking by means of riot(by means fo force by two or more people) of any person in the lawful custody of a peace officer - felony
Define: providing false ID to a peace officer? (PC148.9)
present yourself as another person real or ficticious, to a peace officer, to avoid going to court or getting a ticket - Note: have to be lawfully arrested or detained (misdemeaner) - The Vehicle Code states in (VC31) that no person shall knowingly give f
Define: False Personation of another in private or official capacity(PC529)
putting yourself in someone elses shoes and committing a crime or civil wrong while pretending to be the person you are impersonating making them liable for the offense (felony)
Define: False reporting of a crime (PC148.5)
reporting a crime to law enforcement knowingly is false (misdemeanor)
Define: Falsly reporting an emergency (PC148.3(a))
reports any emergency to the authorites knowing the report is false (misdemeanor) - Note: this crime is a (felony) if the person reporting knows or should know that the response is likely to cause great bodily injury or death and such injury is sustained
Define: falsly reporting a destructive device bomb. (148.1)
reporting a destructive device to anyone knowing the report is false (felony)
Define: Unlawful assembly? (PC407)
two or more gathered to do an unlawful act or LAWFUL act in a violent, boisterous manner (misdemeaner)
Define: refusal to disperse upon lawful command (PC416(a))
two or more people assemble for the purpose of disturbing the public peace or committing an unlawful act and who do not leave when told to do so by a public officer. (misdemeanor)
Define: Riot (PC404)
two or more persons acting with a common intent to use force or violence or threaten to do so with the immediate power to execute such a threat and the acts disturb the public peace (misdemeanor)
Define: Rout (PC406)
two or more assembled and acting together, who make an attempt or advance toward the commission of an act that would be a riot if actually committed (misdemeanor) - Attempted Riot
What is the definition of the crime of rape?
Rape is an act of penile/vaginal intercourse accomplished with a person, not the spouse of the perpetrator, and without consent of the person-Penal Code section 261.-To arrest a subject for rate the act of penile/vaginal intercourse is committed with a pe
Define the crime of intent to commit rape or crimes covered in Penal Code section 220
Assault with a specific intent to commit mayhem, rape, sodomy, oral copulation, lewd acts with a child, rape in concert,spousal rape or penetration with a foreign object - Penal Code section 220
Define the crime of indecent exposure.
An act in which a person willfully and lewdly exposes their private parts where there are others present to be offended - Penal Code section 314-the crime is a misdemeanor unless the person has been previously convicted of: lewd acts with a child indecent
Define the crime of oral copulation
It is the act of uniting the mouth of one person with a sexual organ or anus of another person without their consent - Penal Code section 280a - to arrest a person for this crime the act of copulating the mouth of one person with a sex organ or anus of an
Define the crime of penetration with a foreign object.
This is an act in which the genital or anal opening of a person is penetrated by an instrument, substance, device, or unknown object. - Penal Code section 289 - to arrest a person for this crime they have to have used a foreign or unknown object for the p
What is the definition of an unknown object?
Foreign objects substance, instrument, device, or any part of the body including the penis if it is not known what instrument penetrated the body.
Define the crime of sodomy.
Sexual conduct in which there is contact between the penis of one person in the anus of another with any penetration of matter how slight - Penal Code section 286 - to arrest the subject for sodomy sexual contact between the penis of one person meetings o
Define the crime of sexual battery
The act of touching another person's intimate parts for the purpose of sexual arousal, sexual gratification, or sexual abuse, against the will of the person. - Penal Code section 243.4(a) - to arrest a person for the crime of sexual battery they must have
When investigating a sex crime what things does an officer need to be aware of when interviewing the victim?
Their everyday terminology - their body language should assure the victim they are concerned but calm and confident - the words they use to ensure the conveys their sensitivity about what happened - their demeanor should communicate that they are professi
What types of sex crimes can occur during a sexual assault?
Rape, sodomy, oral copulation, penetration by a foreign object, sexual battery, or assault with intent to commit sexual crime.
What are some questions that a peace officer can ask when investigating a sexual assault?
What did the suspect looked like? - Did the suspect ejaculate - did the suspect have an erection - did the suspect wear a condom? If so what happened to it? - Did the suspect say anything? If so what did he say? - Or any threats made? If so What were they
What things need to be collected for evidence and a sexual assault?
Discarded items or articles, contraceptives of any form and their packaging, binding or other restraint materials, fingerprints, hair and debris, lubricants, material such as bedding, clothing and towels, biological fluids,information found through a sexu
What are the purposes of the legal medical examination after a sexual assault?
To collect, preserve, and document evidence. The exam should be conducted within 72 hours of the assault: D. examination may help the determination if there are physical signs of injuries, they can document the type and location of those injuries, they ca
What services are available for a victim of a sexual assault?
Rape crisis centers which are available throughout California and provide services to assist with hospital accompaniment and a liaison with the criminal justice system in some counties, - state victim/witness serviceswhich are available throughout Califor
Penal Code section 290 states:
Every person who has been convicted of a sex crime will for the rest of their life while residing in California or while attending school or working be required to register with the chief of police or sheriff of the county or city in which they are living
300 W&I
take a child into protective custody if at risk of: physic and emotional neglect or in need immediate medical care or shelter
601 W&I
juvenile custody of status offender- truant, disobeys rules and reasonable orders from school, parents, and authorities.
602 W&I
juvenile custody when participating in criminal act.
625 W&I
juveniles have to be advised of their rights when taken into custody without a warrant and are disobedient or truant, violated an order of juvenile court, violated law or ordinance, or escaped from commitment ordered by juvenile court.
627(a) W&I
Notifying parents when kids taken into custody.
625 W&I
Police have the authority to take a kid into custody when they are ward of the state or not and violate a court order, escape a court order commitment, truant, commit a crime.
207.1(b)
can confine juveniles for no more than 6 hours in a facility that contain lock up for adults.
272 PC
contributing to the delinquency of a minor. misdemeanor.
What are the elements to the crime of Lewd Conduct? (647(a) PC)
Any person who solicits or engages in lewd conduct in a public place or a place open to public view. - MISDEMEANOR
What are the elements to the crime of Invasion of Privacy? (647(j) (1) PC)
Looking through a hole or opening or otherwise viewed by means of any instrumentality into a private area with the intent ti invade the privacy of people therein. - MISDEMEANOR
What are the elements to the crime of Prostitution? (647(b) PC)
Any person who solicits or agrees to engage in, or engages in any act of prostitution, or some act is agreed to and done in the furtherance of prostitution. - MISDEMEANOR
What are the elements to the crime of Loitering About a Public Toilet? (647(d) PC)
Loitering in or about any toilet facility open to the public for the purpose of soliciting or engaging in a lewd or lascivious or unlawful act. - MISDEMEANOR
what are the elements to the crime of Public Intoxication? (647(f) PC)
Any person in a public place under the influence of alcohol or drugs, and who is unable to care for his or her own safety or the safety of others or is obstructing a public way. - MISDEMEANOR
What are the elements to the crime of Prowling? (647(h) PC)
Any person who loiters, prowls, or wanders on private property of another, at any time, without visible or lawful business with the owner or occupant.
What are the elements to the crime of Peeping? (647(i) PC)
Loitering, prowling, or wandering on the private property of another, at any time, peeking in the door or widow of any inhabited building or structure without visible or lawful business with the owner or occupant. - MISDEMEANOR
What are the elements tot he crime of Disturbing the Peace? (415 PC)
Any person who challenges to fight or fights in a public place, willfully and maliciously disturbs by loud unreasonable noise, or uses offensive word in a public place likely to provoke an immediate violent reaction. - MISDEMEANOR
What are the elements to the crime of Obstruction of a Public Way? (647c PC)
Any person who willfully and maliciously obstructs the free movement of any person on any public way. - MISDEMEANOR
What are the element to the crime of Battery? (242 PC, 243b PC)
Any willful and unlawful use of force or violence on the person of another.
When is Battery a felony? (243c(1) PC, 243d PC)
Battery is a felony when:
* the act is against a specified person and results in treatable injury.
* the act causes/inflicts serious bodily injury
What are the elements to the crime of Assault with a Deadly Weapon? (245 PC)
An unlawful attempt and the present ability to commit a violent injury upon the person of another by use of a deadly weapon or force likely to produce great bodily injury.
What is the definition of the crime Elder or Dependent Adult Abuse? (368 PC)
The crime refers to the infliction of unjustifiable physical pain or mental suffering upon an elder or dependent adult or theft or embezzlement from an elder or dependent adult.
What are the elements to the crime of Kidnapping? (207 PC)
The unlawful taking of a person against his or her will by force or fear from one place to another.
What are the elements to the crime of False Imprisonment? (236 PC)
The unlawful violation of the personal liberty of another.
What are the elements to the crime of Child Abduction w/o Custodial Right? (278 PC)
Every person not having the right of custody who maliciously takes, entices away, keeps, withholds, or conceals any minor child with the intent to detain or conceal from a person having lawful custody.
What are the elements to the crime of Child Abduction w/ Custodial Right? (278.5 PC)
Every person who entices away, keeps, withholds, or conceals with the intent to deprive the other person of his or her right to custody or violation.
What is the meaning of Good Cause as it relates to Child Abduction?
It is a good faith belief that the taking, detaining, concealing, or enticing away of the child is necessary to protect the child from immediate bodily injury or emotional harm.
What are the elements to the crime of Robbery? (211 PC)
The taking of personal property of another from the person or immediate presence against the person's will accomplished by means of force or fear.
What are the elements to the crime of Carjacking? (215 PC)
The taking of a motor vehicle from the person or immediate presence of a possessor or passenger by means of force or fear with the intent to permanently or temporarily deprive the possessor or passenger.
What are the elements to the crime of murder? (187 PC)
The unlawful killing of a human being or fetus with malice aforethought.
What determines First degree Murder?
Premeditation, Explosives, Torture, Poison, or Lying in Wait.
What is the Felony Murder Rule?
States that malice aforethought may be implied when a killing happens during the following crimes:
Arson, Robbery, Burglary, Mayhem, Train Wreck, Rape, Carjacking, Kidnapping, or a Drive By Shooting.
What are the elements to the crime of Voluntary Manslaughter? (192 PC)
The unlawful killing of a human being without malice upon a sudden quarrel or heat of passion.
What is the definition of theft (484 PC)?
The taking and carrying away of personal property without consent with the intent to permanently deprive the owner.
What is property?
It can include money, labor, animals, crops, or real or personal items.
What is real property?
It is land and immovable property, affixed to or growing from the land (real estate).
What is personal property?
It includes any movable object(s) owned by an individual; all property other than real property.
What is the definition of control?
is the ability to exercise a restraining or directing influence over something.
What constitutes grand theft (487 PC)?
* Property exceeding $400
* Agriculture exceeding $100
*Aquaculture exceeding $100
* Property taken over 12 months totaling $400
* Property taken from the person of another
* Certain livestock
* Motor vehicles
* Firearms
* Petty theft with a prior of thef
What constitutes petty theft (488 PC)?
All other thefts not categorized as grand theft.
484e PC
ACCESS CARD THEFT
What are the elements of vehicle theft (10851 CVC)
the driving or taking of a vehicle not the person's own without consent with the intent to temporarily or permanently deprive the owner of title of possession of such vehicle. (felony)
What are some noncriminal explanations for missing vehicles?
* borrowed
* forgotten permission
* domestic disputes
* repossession
* storage / impounded
* misplaced
What are the criminal motives for vehicle theft?
* Joyriding
* Transportation
* Instrument of another crime
* Profit
What is the VIN of a vehicle?
It is a 17 digit number that is unique to a vehicle.
What are the elements of defrauding an innkeeper (537 PC)
The obtaining of food, services or accommodations at a designated facility without paying with intent to defraud the proprietor of manager. ($400 or over felony; less misdemeanor)
What are the elements of burglary (459 PC)
The entry to a building or specified structure with the intent to commit theft of any felony. (second degree) (felony)
What is first degree burglary (460 PC)
It is burglary of an inhabited dwelling, or the inhabited portion of any building. (felony)
What are the elements of possession of burglary tools (466 PC)
the possession of certain tools or knowingly making, altering or attempting to make a key or other instrument to fit or open the lock of a building without legal request, with the intent to break or enter into any specified structure, for the purpose of c
What are the three offenders of burglary?
* Juvenile - mischief or needless destruction
* Amateur - monetary reasons to satisfiy a personal need (drug habit)
* Professional - highly skilled and make a living at it.
What are the elements of serial number removed (537e PC)?
any person who knowingly buys, sells, receives, disposes of, conceals or has in possession any personal property from which the manufacture's serial number or any other distinguishing number or identification mark has been removed, defaced, covered, alter
What are the elements of receiving / possession or stolen property (496 PC)
every person who knowingly buys, receives, conceals, sells, withholds, or aids in concealing, selling, withholding, any property obtained by theft or extortion. (felony)
What are the elements of forgery (470 PC)?
the intent to defraud, make, utter, publish, pass or attempt to pass an altered, forged of counterfeit document or seal or signs an unauthorized or fictitious name. (felony)
What are the elements of arson (451 PC)
everyone who willfully and maliciously sets fire to or burns or causes to be burned or aids, counsels, or procures the burning of any structure, forest land, or property. (felony)
What are the elements of unlawfully causing a fire (452 PC)
Any person who recklessly sets fire to or burns or causes to be burned, any structure, forest land or property. (felony)
What are the elements of possession of flammable or combustible material (453 PC)?
the possession or manufacture or disposal of a flammable or combustible material or substance, or any incendiary device in an arrangement or preparation; with the intent to willfully and maliciously use such material, substance or device; to set a fire or
What are the elements of unauthorized entry of dwelling (602.5 PC)?
Any person, other than public officer or employee acting within the course and scope of employment, who enters or remains in a noncommercial dwelling house, apartment or other such place without consent of the owner, owner's agent or person in lawful poss
What are the elements of trespassing (602 PC)?
Any person who enters an occupies real property of structure of any kind without the consent of the owner, the owner's agent or the person in lawful possession, or refusing to leave upon request. (misdemeanor)
What are the elements of vandalism (594 PC)
Malicious intent to deface, damage or destroy with graffiti or other inscribed material personal or real property not their own. ($400 or more felony)
First Amendment
Freedom of religion
Freedom of speech
Freedom of the press
Freedom of assembly
Right to petition the government for a redress of grievances
Fourth Amendment
Freedom of unreasonable search and seizures
Fifth Amendment
Freedom from being tried twice for the same crime
Freedom from self incrimination
Sixth Amendment
Right to be told of charges when arrested
Right to a speedy trial
Right to a public trial by a impartial jury
Right to confront witness
Right to counsel
Eighth Amendment
Freedom from excessive bail
Freedom from cruel and unusual punishment
Fourteenth Amendment
Basic right of a defendant in a judicial proceeding
The requisites for a trial (due process)
Right to equal protection of the laws
What are the 7 Primary Goals of the Criminal Justice System?
Guarantee due process
Prevent crime
Protect life and property
Uphold and enforce the law
Dispense equal justice
Apprehend offenders
Assure victim's rights
What are the three components of the criminal justice system?
Law enforcement
Judicial
Corrections
Bill of Rights is made up of what amendments?
The first 10 amendments
What are amendments?
Changes made to the U.S. Constitution to further clarify the rights of individuals.
What are the two extraordinary powers given to law enforcement?
*The power to arrest
*The power to use deadly force
Name federal law enforcement agencies
U.S. Department of Homeland Security
Federal Bureau of Investigation
Drug Enforcement Administration(DEA)
U.S. Marshal Service
Immigration and Naturalization Service(INS)
Alcohol, Tobacco, and Firearms Division(ATF)
Secret Service(SS)
U.S. Postal Service
Name state law enforcement agencies
Youth and Adult Correctional Agency
California Highway Patrol(CHP)
Dept. of Alcohol Beverage Control(ABC)
Dept. of Fish and Game(F&G)
Dept. of Forestry and Fire Protection(DOF)
Dept. of Justice(DOJ)
Dept. of Insurance(DOI)
Dept. of Motor Vehicles(DMV)
Dep
Name local law enforcement agencies
Airport Police
County Marshal
Housing Police
Municipal Police
School District Police
Sheriff's Departments
Transportation Police
Port Authority
What are the objectives of the criminal justice system?
Provide due process to the law
Rendering fair judgments
Dispensing just punishment
Assuring victim's rights
What is the primary function of trial courts?
Receive evidence and consider cases involving criminal activity or civil disputes
What is the main function of the appellate courts?
Hear appeals from lower courts(trial courts)
What are the responsibilities of a judge?
Administer justice in a fair and impartial manner applying the facts of the law
What are the responsibilities of a prosecuting attorney?
Prosecute individuals accused of criminal activities
Protect public rights and privileges
What are the responsibilities of a defense attorney?
Defend the accuse
Defend the rights and privileges of citizens
Describe what an arrest is.
Taking a person into custody
* in a case, and
* in a manner authorized by law
Describe what an arraignment is
The legal procedure where the court informs defendants of:
*the nature of the crime
*their eligibility for bail, and
*their constitutional rights to
-counsel
-plead guilty of not guilty
-a trial by court of jury
Describe what "right to bail" is
A defendant's constitutional right to
* reasonable bail
-to permit the unhampered preparation of a defense before trial.
Describe what bail is
* Right to Bail
- to permit the unhampered preparation of a defense before a trial.
* A security deposited with a competent court of magistrate
Describe what a preliminary hearing is
A screening procedure used in felony cases to determine:
* if there is enough evidence
- to hold a defendant for trial
Describe what an Indictment is
* Is an accusation in writing formally charging a person with a crime of public offense.
What is a grand jury?
* Used in indictment process to bring serious felony criminal cases to trial.
* Their responsibility is to determine sufficient cause to believe that a person has committed a crime and should stand trials
* The grand jury indictment is filed with
- superi
What is a trial?
* A formal judicial examination and determination
* of issues (law of fact) between parties.
What does sentencing mean?
A judgment that is formally pronounced by the court
* upon the defendant
- after conviction
- in a criminal prosecution
What is the California Department of Corrections & Rehabilitation responsible for?
CDCR
* Responsible for incarceration of adults over 18 yrs.
Juvenile Division
* Responsible for incarceration of youthful offenders 13 - 25 yrs
What is the Board of Prison Term responsible for?
BOPT
* Responsible for administering parole conditions of prisoners 18 yrs or older.
What is the Youthful Offender Parole Board responsible for?
YOPB
* Responsible for administration of parole conditions of wards 13 - 25 yrs. old
What are Local Government Jails responsible for?
* Oversee the operation of detention facilities that confine people
- awaiting trial
- sentenced to less than one year
What is parole?
* Administered CDCR and CDCR Juvenile Division
* It is a conditional release from a state prisons.
* Imposed by parole board
*Supervised & revocable by parole agent or administrative board review
*Search & Seizure protections do not apply
What is probation?
* Is administered by county probation departments.
* It is a suspended sentence.
* Imposed by the courts
* supervised by county probation officer
* Penal Code Section 1203
What are the conditions of parole?
* comply with all instructions by parole officer
* can not travel more than 50 miles
* can not be absent from their county for more than 48 hrs. without approval.
* have to inform parole officer of employment changed within 72 hrs.
* Can not engage in con
What are the conditions of probation?
* must comply with all instructions and maintain contact with probation officer.
*no alcohol or intoxicants
*no association with specified individuals
*can not possess a firearm or other weapons
* Probationers may have to
- server time in jail alternative
What are the objective of corrections?
* confine prisoners
* rehabilitate prisoners
* supervise parolees and probationers in the community
* assure victim's rights
The definition of terrorism.
According to US Title 22, section 2656f(d):
Premeditated, politically motivated violence perpetrated against noncombatant targets by sub-national groups or clandestine agents usually intended to influence an audience.
DOJ: A violent act or an act dangerou
Typical terrorist methods, motivations, and tactics.
Common elements:
1. A desire to further political or social objectives,
2. To target cilivial population, with
3. Intent to coerce a government or its civilian population
Right wing domestic terrorist groups.
Motivations:
1. New world order
2. Gun control
3. Apocalyptic views
4. White supremacy
5. Anti-government
6. Anti-taxation
7. Anti-abortion
8. Religion
Tactics:
1. Bombings
Targets:
1. Federal, state, and local governmental agencies.
Types of groups: Patr
Left wing domestic terrorist groups.
Motivations:
1. Revolutionary Socialist
2. Protestors against Capitalism
3. Protestors against imperialism
Tactics:
1. Bombings
Targets:
1. Federal, state, and local governmental agencies.
2. Symbols of U.S. Government and Democracy.
Types of groups:
Puer
Special interest terrorist groups
Motivations:
1. Animal Rights
2. Environmental Preservation
3. Abortion Rights
Tactics:
1. Bombings
2. Arson
3. Sabotage
Targets:
1. Public Health
2. Laboratories
3. Business
4. Abortion Clinics
International terrorist groups
Classification:
1. State sponsors of international terrorism
2. Formalized terrorist groups
3. Loosely affiliated international radical extremists
Tactics:
1. Bombings
2. Hijackings
3. Assassinations
Targets:
1. Symbolic targets
2. Mass destruction
3. Mas
International terrorist groups: Formalized Terrorist Groups
More formalized terrorist groups are autonomous organizations with their own infrastructure, personnel, financial arrangements, and training facilities.
Formalized terrorist groups are: Hezbollah, Irish Republican Army, Sikh extremists, and the Tamil Tige
International terrorist groups: Loosely affiliated radical extremists
These loosely affiliated radical extremists are neither surrogates of, nor strongly influenced by, any one nation. They are considered international "wild cards." They have the ability to tap into a variety of official and private resources.
These groups
Department of Homeland Security threat levels
1. Red: Severe risk of terrorist attack.
2. Orange: High risk of terrorist attack
3. Yellow: Significant risk of terrorist attack
4. Blue: General risk of terrorist attack
5. Green: Low risk of terrorist attack.
Terrorism indicators
Formation or increase in group membership:
1. Recruitment flyers
2. Rallies/meetings
3. Websites
4. Documents/statements
Fundraising:
1. ID thefts
2. Forged checks
3. Business scams
4. Robberies
5. Buglaries
6. Drug sales
7. Extortion
Terrorism indicators pt. 2
Weapon selection:
1. Explosives and firearms
2. Military and LE armories
3. Manufacturing and construction
4. Black market sources
5. State sponsors
6. Covert bomb factories
7. Gun shops
8. Hardware stores
9. Farming/nurseries
Terrorism indicators pt. 3
Select Target:
1. Critical infrastructure
2. Critical assets
3. Symbolic sites
4. Gathering places
5. Specific terrorist goal
Specific date:
1. Anniversary date
2. Significant birthdays
3. Historical dates
4. Religious holidays
Conduct recon: proximity an
Terrorism indicators pt. 4
Terrorist Egress: False, multiple passports, no current/fixed address, materials in possession, use of rental or recently puchased vehicles, multiple hotel receipts, using all cash transactions, possession of one-way travel tickets, disguises.
Weapon Acti
Counterterrorism measures
1. Monitor substances used in weapons
2. Survellance
3. Increase security on key dates
4. Counter-surveillance
5. Car stops, ped stops, FI cards, report writing
6. Increased awareness of suspicious behavior, investigation
7. Mitigate with response procedu
Law enforcement prevention/deterrence actions
See pages 2-10,13 in LD 43
Concepts of threat and vulnerability assessments
Selection criteria: Attractiveness of a target, the potential for success, and the potential for avoiding ID and capture.
Targets:
1. A key element is symbolism
2. Higher profile is better
3. Depending on the motivations, the greater the potential for mas
Local critical infrastructure sectors
1. Agriculture,
2. Food, water, Public health
3. Emergency services
4. Government
5. Defense industrial base
6. Info and telecomms.
7. Energy
8. Transport
9. Banking and finance
10. Chem industry and hazmats.
11. Postal and shipping.
Local critical infrastructure sectors, potential targets:
1. High occupancy events or locations such as: theme parks, stadiiums, tourist attractions.
2. Symbolic targets such as: National landmarks, historical monuments, political events.
3. Targets of single issue terrorists such as: Abortion providers, embassi
Threat assessment rationale
Model:
CARVER +shock
-Criticality: Target value, political/social/econ impact
-Accessibility: How easy, phys/virtual access, surveillance
-Recuperability: Recovery time, is it replaceable?
-Vulnerability: Terrorist's intent, security measures
-Effect: Con
The intelligence cycle
Planning and direction is essential for guidance as to what information needs to be collected and processed. During the collection phase, where all relative information is gathered, the person doing the collecting must use some discretion and eliminate in
Intelligence resources
1. TLO
2. State terrorism threat assessment center
3. CA state warning centers
4. Federal terrorism screening center
5. Regional joint terrorism task forces
6. Regional terrorism assessment center.
Weapons of Mass Destruction (WMD)
Section 921, title 18 destructive devices states: Any explosive, incendiary, or poison gas:
1. Bomb
2. Grenade
3. Rocket having propellant charge greater than 4 oz.
4. Missile having explosive/incendiary charge of greater than 3/4 oz.
5. Mines
6. Devices
Routes of exposure and the assessment of WMD exposure
Exposure:
1. Inhalation
2. Ingestion
3. Absorption
4. Injection
Assessment:
Signs: Seizures, uncontrolled vomiting, etc.
Symptoms: Abdominal pain, blurred vision, etc.
Incubation periods vary with immunal health.
Rate of action: Time between exposure and
The components of the R.A.I.N. Concept
Recognize: Quick mental processing of the event.
Avoid: Time, distance and shielding
Isolate: Reduction of potential exposure or contamination by removing individuals from the immediate area of the threat as well as preventing others from entering an area
Biological WMD agents
Bio WMD agents are disease causing organisms, or the toxins produced by living organisms.
Examples include:
Anthrax, Botulium Toxins, Brucellosis, Cholera, Clostridium Perfringens, Hemorrhage Fevers, Meliodosis, Plague, Q-Fever, Ricin, Rift Valley Fever,
The characteristics of nuclear/radiological WMD agents
Advantages:
1. Materials are generally available.
2. Renders EMS virtually ineffective.
3. Potentially devastating to people and buildings.
4. Inherently feared and carries psychological impact.
5. Difficult for LE and other first responders to counter.
6
The characteristics of incendiary devices
Incidents involving the use of incendiary devices are preceded by articulated threats less than 5% of the time.
Triggers may include: Chemical, electronic, or mechanical activation.
Delivery methods may include: Stationary placement, hand-thrown, self-pro
The types of chemical WMD and toxic industrial chemicals/materials
1. Incapacitating agents:
CS, CN, CR, OC irritants. Not usually lethal.
2. Toxic Agents:
Nerve, blister, choking, blood.
Indicators of attack: Dead plants, dead or dying animals, numerous dead or sick victims, presence of visible vapor cloud, reports of s
The types of chemical WMD and toxic industrial chemicals/materials pt. 2
Blister agents (also called vesicants)are designed to cause red skin, blisters, eye damage, respiratory damages, and gastrointestinal damage. Their effect on exposed tissues is similar to a corrosive chemical such as lye or sodium hydroxide.
Most blister
The types of chemical WMD and toxic industrial chemicals/materials pt. 3
1. Blood agents (cyanides) are chemical substances which inhibit the exchange of oxygen to the cells through the bloodstream. The disruption of the normal oxygen process causes rapid and labored respiratory arrest, and finally death.
-Exposure can be from
The effects of toxic industrial chemicals/materials
1. Toxic industrial chemical materials are commonly found:
-Chem manufacturing plants,
-Food processing facilities,
-Transportation centers,
-Storage tanks and facilities,
-Airports,
-Barge terminals,
-Pumping stations,
-Mining operations,
-Pesticide manu
The types and characteristics of explosives
Types: Low explosives, better known as propellants, designed to deflagrate and produce gas output. Initiated by burning or shock.
High explosives, designed to detonate, do so at velocities higher than the speed of sound.
1. C-4: White to light brown plast
The types and characteristics of improvised explosive devices.
1. Vehicle bombs: power devices, usually triggered with timer or remote.
2. Pipe bombs: Most common explosive device, opposite of vehicle bombs when it comes to size and destructive potential
3. A timing fuse usually controls detonation
4. Satchel charge:
Louisiana State University (LSU) WMD Response Guide
How to react to a WMD based on knowledge of the WMD.
Emergency Response Guide (ERG)
1. Yellow pages list the four digit ID number, which may be displayed upon a transportation placard. Looking this number up provides the name of the material and directs the user to the appropriate guide number(GN).
2. GN directs the user to the orange se
Response strategies and decontamination issues
Indications that a WMD incident has occurred may include but is not limited to: 911 calls made by individuals reporting a threat or an actual incident, media reports of a threat or incident, medical sources reporting suspicious symptoms or a large number
Phase 1 of WMD incident
1. Prevention and deterrence phase:
-This is the pre-incident period when public safety agencies have been successful in either dissuading a terrorist from perpetrating an act or when an actual pre-incident interdiction has occurred.
-With the passage of
Phase 2 of WMD incident
2. Notification Phase:
-When information is transmitted to public safety agencies concerning the event. It is the point of first discovery that something has happened.
-Ends with the arrival of the first responding public safety unit at which time the inc
Phase 3 of WMD incident
3. Response Phase:
-As the name would imply, the phase is the period when public safety agencies are literally responding to the scene to provide services such as rescue, incident stabilization support, protection of property, etc. Although this is no lon
Phase 4 of WMD incident
4. Restoration Phase:
-Involves issues such as the restoration of essential services.
Phase 5 of WMD incident
5. Recovery Phase:
-Relates to the re-building of the target location to as close as to a pre-incident condition as is realistically possible.
The basic on-scene actions at a WMD incident
1. Isolation: Protect scene integrity, control ingress/egress.
2. Identification: Reporting on hazards, conditions, persons, situations of interest, and relevancy.
3. Notification: Requesting appropriate support services, ensuring that key persons and age
Incident response priorities
The three main public safety priorities are:
1. Life vs. property
-life takes precedent over property or evidence
-incident stabilization
2. CS protection
3. Preservation of evidence.
Types and levels of Personal Protection Equipment (PPE) and decontamination considerations
A: fully encapsulated and vapor tight, chemically protective SCBA suit.
B: SCBA, full coverage, not vapor tight.
C: Gas mask, basic suit with gloves, boots, and hood, only short term and limited splash protection is provided.
D: Clothing which provides nu
LE First Responder roles and responsibilities associated with responding to a critical incident
As a general rule, LE first responders must understand they will start to handle the situation with almost no resources, but they are on the way. The FR needs to be concerned with officer safety, attending to casualties, setting up some kind of perimeter,
History of the ICS.
The ICS uses the military model of command and control; success of the system is based on the delegation of authority and responsibility. The ICS was adopted by the LE community in the late 1980's and became widely used for all types of emergency manageme
The features of ICS
1. Common Terminology: Position titles and organizational units are standardized.
2. Modular Organization: The system adjusts to the needs of the incident, functional units are staffed as needed, when any unit is not staffed, responsibility for that funct
The five functional components of ICS
1. Command: Overall policy and guidance for the incident, incident commander, deputy IC, and unified command.
2. Operations: Commonly organized by functional branches, implements the action/operational plan to deal with the incident, allocates resources t
The components of the State of California Standardized Emergency Management System
1. ICS
2. Operational Area Concepts
3. Mutual Aid Agreements/Plans
4. Multi Agency Coordination
When requesting mutual aid, the following conditions must exist:
1. An emergency must exist or be imminent,
2. The requesting agency must have reasonably commi
The components of the National Incident Management System (NIMS)
1. Command and Management:
In an incident management organization, the command staff consists of the IC and the special staff positions of PIO, Safety Officer, Liaison Officer, and other positions as required, who report directly to the IC. They may have
The Definition of Custody
The immediate care or charge of an arrested person.
General PO responsibilities in custodial situations
1. Assuring that there is a lawful basis for custody
2. Protecting the constitutional and statutory rights of the arrested person while that person is in the officer's charge.
3. Maintaining the care, custody, and safety of the arrested person until that
The liabilities for an officer who shows callous disregard for an arrested person's safety
1. Departmental discipline (including termination)
2. State prosecution for violation of P.C. statutes.
3. Federal prosecution for violation of federal civil rights law, and or
4. Civil lawsuits which may include punitive damages levied directly against i
Circumstances for custody: Court documents (e.g., warrants, court orders, etc.)
Court commitment documents must contain::
1. Signature of magistrate or court clerk.
2. Court case number/docket number.
3. Violation, and
4. Bail or sentencing information.
Arrest warrants must contain:
1. Name of defendant
2. Crime that defendant is suspected of committing,
3. Date of the warrant
4. City or county where the warrant is issued,
5. Signature of the issuing authority with the title of office,
6. Name of the court or other issuing agency, an
Parole and probation commitments must:
Submitted by parole or probation officers directing the confinement of a person in their charge.
1. Reimprisonment of a prisoner on parole: PC 3056
2. Revocation of probation: PC 1203.2
3. Suspension of release for a person on an outpatient release status
Probable cause arrest
When a person is brought to a local detention center after a pc arrest, that person must be accompanied with documentation that clearly states the set of facts that led to the arrest.
Ex: Arrest report, or initial booking sheet. These documents must ident
Prisoners in transit
After being presented with a legal en route prisoner commitment document, a local detention facility can accept a person for temporary confinement.
Constitutional rights and protections afforded to an arrested person while in an officer's charge
1. Freedom of religion
2. Freedom of speech
3. Right to speedy trial
4. Right to legal counsel.
5. Protection from cruel and unusual punishment
6. Right to due process
7. Right to equal protection
Statutory rights and protections afforded to an arrested person while in an officer's charge
1. Reasonable religious freedom
2. Right of attorney visitation
3. Right to any physician or psychiatrist to visit in order to assist in prisoner defense.
4. Right to make at least 3 phone calls within first three hours of arrest.
5. Right to retain civil
Fatal errors officers can make that jeopardize their safety while performing custodial duties
1. Tombstone courage
2. Fatigue
3. Bad position
4. Bad attitude
5. Ignoring danger signs
6. Failure to watch hands
7. Relaxing too soon.
8. Bad use of restraint devices
9. No search, or poor search
10. Poor weapon maintenance.
PC 149
Assault by a Public Officer
-Every public officer who,
-Under color of authority,
-Without lawful necessity,
-Assaults or beats any person.
Class: Felony
PC 673
Cruel and unusual punishment
-Any person who,
-In a described location (i.e., jail)
-Inflicts cruel, corporal, or unusual punishment (including certain specified acts, devices or lack of care)
-Which would injure or impair the health
-Upon a prisoner, inm
PC 147
Inhumane or oppressive treatment
-Any officer who,
-Willfully,
-Inhumanely treats or oppresses,
-Any prisoner under his/her care or custody.
Class: Fine, and termination of employment.
PC 422.6(a)
Violation of a prisoner's civil rights
-Any person,
-Whether or not acting under color of law,
-Who shall by force or threat of force
-Based on that person's race, color, religion, ancestry, national origin, disability, gender, or sexual orientation,
-Or
PC 4574(a)
Bringing a firearm, deadly weapon, or explosive into a local detention facility.
-Any person who,
-Knowingly: brings or sends into, or assists in bringing
into or sending into
-A local detention facility,
-Any: firearms, deadly weapons, or explosives. Or
Responsibilities of the arresting or transporting officer and custodial personnel regarding medical care pre-screening of prisoners before being accepted into a local detention facility
Conditions for pre-screen med:
1. Diabetic shock,
2. Head injury,
3. Severe bleeding,
4. Drug overdose,
5. Unresponsiveness or unconsciousness, or
6. Chest pain
Notifying custody personnel:
1. Injuries,
2. Illness
3. Possible drug OD
4. Mental incapacitat
Classes of prisoners who may require special care or protection:
...
Reasonable force as stated by law must be:
1. Judged from the perspective of a reasonable officer
2. Examined through the eyes of an officer on the scene at the time the force was applied, not the 20/20 vision of hindsight.
3. Based on the facts and circumstances confronting the officer without re
Reasonable officer standard (bonus)
1. Would another officer,
2. With like or similar training and experience,
3. Facing like or similar circumstances,
4. Act in the same way or use similar judgment?
Legal Framework:
A subject's requirement to submit to arrest without resistance. PC 834a
Whether a subject is legally detained or arrested, it is the subject's duty to refrain from resisting the officer's authority.
Penal Code Section 834a states:
If a person has knowledge, or by the exercise of reasonable care, should have knowledge, that he
Legal Framework:
Peace officer's authority to use reasonable force during a detention or arrest. PC 835a
Any officer who has reasonable cause to believe that the person to be arrested has committed a public offense may use reasonable force to effect an arrest, to prevent escape or to overcome resistance.
A peace officer who makes or attempts to make an arres
Agency policies
Limitations on the use of force are set by agency policy. These policies are attempts to provide reasonable guidelines for officers to protect them and their agency from criminal and civil liability.
Peace officers are responsible for becoming familiar wi
Definition: Force option
Choices available to a peace officer in each agency's policy to overcome resistance, effect arrest, prevent escape, or gain control of the situation.
Objective for use of force:
To gain and maintain control of an individual and the situation.
Peace officers are required to:
1. Use the type of force which is reasonable under the circumstances.
2. Use only the amount of force reasonable to overcome resistance and to gain or maintai
Force options and the amount of force peace officers may use based on the subject's resistance
The amount of force applied shall not exceed what is reasonable to overcome the subject's resistance to gain or maintain control of the subject. Each officer must rely on their judgment to employ objectively reasonable force for that specific situation.
The importance of training and ongoing practice when responding to potentially dangerous situations that may require the use of force.
It has been established that peace officers, when required to respond in dangerous situations, will revert to the responses they learned in training, Officers' tactical performance may depend entirely on how well and effectively they have trained and prac
The importance of effective communication when using force.
Communication involves both command presence and words resulting in improved safety.
Legal Standard for Use of Deadly Force:
Tennessee v. Garner decision components:
1. Subject threatens the officer with a weapon or there is PC to believe he has committed a crime involving the infliction of serious bodily harm[or death]...
2. PC to believe that the subject poses a threat of dea
Factors required to establish sufficiency of fear for the use of deadly force. Penal Code Section 198
1. The circumstances must be sufficient to excite the fears of a reasonable person in like circumstances.
2. The person must not act under the influence of fear alone. There has to be some circumstance or overt act apart from the officer's fear.
3. The de
Facts an officer should consider when determining whether or not to use deadly force:
1. Training and experience
2. Judgment
3. Mental alertness
4. Emotional maturity
5. Existing facts and circumstances
6. Understanding of the law as it relates to: agency policies concerning the use, amount of force that is objectively reasonable to achiev
The role of agency policies regarding the use of deadly force
DF use is strictly controlled by agency policy. Officers must conform to agency policy, federal, and state law.
Some issues regarding the use of DF addressed by agency policies include, but are not limited to:
1. Defense of self and others against GBI or
Penal Code Section 196, justifiable Officer Homicide
Homicide is justifiable when committed by public officers and those acting by their command in their aid and assistance, either:
1. In obedience to any judgment of a competent court.
2. When necessarily committed in overcoming actual resistance to the exe
Documentation is critical: Justification for using force
It is imperative that each report be thorough and comprehensive, documenting all aspects of the use of force based on the officer's recollection because:
1. An officer's memory may fade,
2. Evidence may be destroyed,
3. A witness may be unavailable or can
Documentation is critical: Relevant factors and detail
General Factors:
1. Number of officers/subjects
2. Height and weight of each subject
3. Gender and age of each subject
4. Strength and fighting skills of each subject
5. Physical condition of each subject
6. Clothing (i.e., uniform with equipment v. casua
Factors that can affect a peace officer's response when threatened with danger: Reasonable fear
1. A sudden or erratic movement by a subject,
2. The sight of a weapon in a subject's possession,
3. The knowledge that a person is in danger of bodily harm
4. A sudden sound produced outside of the officer's field of vision
5. Unresponsive, unexpected re
Factors that can affect a peace officer's response when threatened with danger: Unreasonable fear
1. An emotional response to a traumatic event
2. Generalization of past trauma (such as being bitten by a dog as a child or suffering a painful gunshot wound)
3. Personal prejudice against people of a particular race, religion, ethnic group, etc.
4. Overa
Factors that can affect a peace officer's response when threatened with danger: Anger
Types:
1. Universal (being shot at)
2. Personal (history based)
Examples of acceptable techniques for managing anger
1. Depersonalize what people say or do.
2. Identify anger inducing scenario
3. Developing problem-solving solutions
4. Recognizing the onset
The benefits of ongoing physical and mental training for peace officers involving the use of force:
1. Confidence in an officer's abilities.
2. Correct responses
3. Mental alertness and concentration
4. Control over body and emotions
Note: Without continual training, physical skills deteriorate.
The legal and administrative consequences associated with the use of unreasonable force
1. Criminal action: Face criminal charges for unreasonable use of authority or force
2. Civil lawsuits: Face compensatory and punitive damages
3. Civil rights violation: Be held accountable for civil rights violations
4. Administrative or agency action: B
An agency's potential liability associated with the use of unreasonable force
Vicarious liability holds an agency responsible for the conduct of it's officers while acting within the scope of their authority. The agency can be:
1. Liable under federal civil rights laws
2. Sued for negligent or inadequate training or failure to supe
The consequences of an officer's failure to intervene when unreasonable force is used by another peace officer
An officer may face both criminal or civil liability and disciplinary action if they fail to intervene and prevent other officers from violating anyone's constitutional rights if they had reason to know and an opportunity to act.
Immediate intervention techniques
1. Verbal
2. Physical/touch
3. Restraint
Delayed intervention techniques
1. Discussion
2. Admonishment
3. Training
Factors that may inhibit peace officer from intervening in a situation where a fellow officer may be applying unreasonable force
1. Transfer of responsibility
2. Rationalization
3. Self doubt
Psychological factors:
1. Unfamiliar with fellow officer
2. Inexperience with proper action to remedy the situation
3. Feeling that intervention is someone else' responsibility
4. Peer pressur
Reasonable Expectation of Privacy
Elements:
1. Individuals have indicated that they personally expect privacy in the object or area, and
2. Their expectation is one which society is prepared to recognize as legitimate.
Standing
Only a person with standing can challenge the search and seizure of property (based on 4th amendment).
Generally established by:
1. Ownership
2. Lawful possession
3. Authority and/or
4. Control of the area searched or the property seized
Probable Cause to Search
P.O. must be able to articulate how and why they have a fair probability to believe:
1. A crime has occurred or is about to occur
2. Evidence pertaining to the crime exists, and
3. The evidence is at the location they wish to search
The exclusionary rule
The fruit of the poisonous tree":
If the court finds evidence has been obtained in violation of a person's fourth amendment rights, the evidence will be thrown out of court.
6 contents of a search warrant
1. The names of all those who have sworn that the facts presented as probable cause are true
2. The statutory grounds for issuing the warrant
3. Descriptions of the places and/or persons to be searched
4. Descriptions of the things or property to be seize
Securing an area pending issuance of a search warrant
Under very limited circumstances, peace officer's may secure a residence while in the process of obtaining a search warrant. In addition to PC to search, they also need exigencies, that is, a belief, based on the surrounding circumstances or information a
Time limitations of a search warrant
PC 1534 states that the search warrant shall be executed and returned within 10 days from issuance.
Normally, a search warrant may be served only between the hours of 7am and 10pm. Unless nighttime service requested.
Note: As long as the search begins BEF
Knock and Notice Elements, (PC 1531)
1. Knock or otherwise announce presence
2. Identify self as peace officer
3. State purpose
4. Demand entry
5. Wait a reasonable amount of time, and
6. If necessary, forcibly enter premises.
Nexus Rule
Officers may seize items not listed in the warrant when:
1. The items are discovered while the officers are conducting a lawful search for the listed evidence, and
2. They have probable cause to believe the item is contraband, evidence of criminal behavio
Plain view search is not a seizure
In a constitutional sense, when an officer sees an item in plain view, from a place the officer has a lawful right to be, no search has taken place. The owner or possessor obviously has no reasonable expectation of privacy for items which are in plain vie
Legal Requirements for seizure of plain view items
1. Probable Cause
2. A lawful right to be in the location, and
3. Lawful access to the item
Circumstances where warrantless searches and seizures are considered reasonable and legal.
In addition to plain view seizures:
1. Cursory/frisk/pat down
2. Consent searches
3. Searches pursuant to exigent circumstances,
4. Searches incident to custodial arrest, and
5. Probation/parole searches
Necessary conditions and scope of Cursory/Frisk/Pat Searches (weapons only)
Conditions:
1. The person must be lawfully detained for investigative purpose, and
2. The searching officers must be able to articulate specific facts which caused them to reasonably believe the person is dangerous or may be carrying a weapon.
Scope:
1. O
Necessary conditions and scope of Consent Searches:
Conditions:
1. Voluntary, and
2. Obtained from a person with apparent authority or to give that consent
Scope:
P.O.'s may search those places and things they reasonably believe the consenting person authorized them to search. As long as the search remains
Necessary conditions and scope of Exigent Circumstance Searches:
Conditions:
1. Imminent danger to a person's life or safety
2. Serious damage to property,
3. Imminent escape of a suspect, or
4. Imminent destruction or removal of evidence
Scope:
Primary purpose of officer entry is to attend to the emergency situation.
Imminent Escape: Types of pursuit (Bonus)
Hot pursuit:
1. Officer's attempt to detain or arrest the suspect in a public place, but
2. The suspect flees inside a private area
Fresh pursuit:
1. There is no physical chase, but
2. Officers are quickly responding to information concerning the suspect'
Necessary conditions and scope of Searches Incident to Arrest
Conditions:
1. Probable cause for a lawful arrest exists
2. The suspect is taken into custody, and
3. The search is contemporaneous with the arrest
Scope:
1. A full search of the arrestee's person,
2. Containers on the arrestee's person, and
3. The nearby
Protective Sweep (bonus)
A brief search to look for individuals only.
Protective sweeps are limited to spaces immediately adjoining the area of an arrest:
1. Where another person could be hiding, and
2. From which an attack could be immediately launched.
Note: Illegal to sweep in
Necessary conditions and scope of Probation/Parole Searches
Conditions for Probation: Not every probation has a search condition, and not all search conditions are the same. However, assuming the probationer has a search condition permitting searches for "X" by P.O.'s, the search for "X" may be undertaken without
(Vehicle) Probable Cause Exception
If officers honestly believe they have enough information to obtain a search warrant for a vehicle from a magistrate, it is legal for them to go ahead and search the vehicle without a warrant.
(Vehicle) Necessary conditions and scope of Probable Cause searches
Conditions:
1.The vehicle must have been lawfully stopped, or otherwise be lawfully accessible, and
2. The officers must have enough facts, knowledge, training, or experience to provide probable cause that the item they are seeking will be found inside th
(Vehicle) Necessary conditions and scope of Plain View Seizures from Vehicles
Conditions and scope:
1. Have probable cause to believe the item is crime-related
2. Lawfully be in a location to observe the item, and
3. Have lawful access to the item.
(Vehicle) Necessary conditions and scope of Protective Searches
Conditions:
1. The driver or other occupant is being lawfully detained, and
2. The officer reasonably believesw, based on specific facts, that there may be a weapon (lawful or unlawful) or item that could be used as a weapon, inside the vehicle.
Scope:
1.
(Vehicle) Necessary conditions and scope of Consent Searches
Conditions:
1. Voluntary consent
2. Each officer is responsible for knowing his agency policy or consent searches, and
3. Obtained from a person with the authority (or apparent authority) to give that consent.
Scope:
May search only areas of the vehicle t
(Vehicle) Necessary conditions and scope of Incident to Custodial Arrest
Officers may search the passenger compartment of a vehicle if they have made a valid custodial arrest of any occupant of the vehicle and:
Conditions:
1. The arrestee is unsecured (not locked in police car, handcuffed) and,
2. Has reachable access to the v
(Vehicle) Necessary conditions and scope of Instrumentality Searches
Conditions:
1. Crime was committed inside the vehicle, or
2. The vehicle was the means by which the crime was committed (e.g. hit and run)
Scope:
If search undertaken without a warrant, the scope will be determined by the nature of the evidence being soug
(Vehicle) Necessary conditions and scope of a Vehicle Inventory
Conditions:
1. The vehicle must be in the lawful custody of law enforcement, and
2. The officer conducts the inventory pursuant to a standardized agency policy.
Scope: (Very broad)
1. Under the seats,
2. Glove compartments,
3. Consoles,
4. The trunk, and
Warrant Requirements for bodily intrusion searches and seizures
Requirements:
1. Probable Cause Plus (necessity + probable cause)
2. Method used
3. Seriousness of offense
4. Importance of evidence to investigation
5. Existence of alternate means
6. Safety and intrusiveness
Note: When a warrant is sought to obtain a bl
Requirements for Warrantless bodily intrusion searches and seizures
Conditions:
1. Valid consent from the suspect (not unreasonably intrusive too)
2. Implied consent: A person who drives a motor vehicle in California has given implied consent for chemical testing (blood, breath, or urine) without a warrant.
(vc 23612) Con
Use of Force during bodily intrusion searches and seizures (swallow prevention)
In general, no bodily intrusion is permissible if the force necessary to do it would shock the conscience.
If officers have probable cause to believe there is evidence in a person's mouth, they may use reasonable force to remove it, or to prevent the pers
Conditions necessary for legally obtaining blood samples
Affidavit for warrant must demonstrate:
1. Probable cause that the test results will show evidence of a crime, and
2. The removal will be conducted by trained medical personnel in accordance with accepted medical practices
Conditions necessary for legally obtaining fingerprints
Conditions:
1. Consent, or
2. Probable cause of criminal activity, or
3. Arrest
The importance of a peace officer's neutral role during an identification procedure
Because it is a violation of a defendant's constitutional right to due process to be convicted on the basis of an unduly suggestive identification process, peace officers must not suggest in any way to the victim or witness that a person to be observed du
Officer actions before, during, and after an identification procedure to prevent impermissible law enforcement suggestiveness during interviews
1. Obtain as detailed and complete a description of the suspect as possible from the victim or witness before any identification process.
2. Tell the victims or witnesses that
a. They should keep an open mind
b. The person who committed the crime may or m
Documentation during identification process (bonus)
Everything that occurs during the identification process should be noted in the peace officer's report. This includes:
1. A verbatim account of what the victim or witness said, and
2. A description of the victim's or witness' response to viewing the suspe
Field Showup (bonus)
The viewing of a possible suspect by the victim or witness that commonly occurs in the field shortly after a crime has been committed. Appropriate only if it can be done a short time after the crime has taken place.
Photographic Spreads (bonus)
An identification procedure in which the victim or witness to a crime is asked to look at a number of photographs in an attempt to ID the suspect.
Officer responsibilities to protect Fourth Amendment Rights.
Text:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and partic
Officer responsibilities to protect Fifth Amendment Rights.
Peace officers need to understand the relationship between a person's right against self-incrimination and the Miranda decision.
Make sure the suspect is in custody, and if interrogated, before interrogation takes place, his rights are read to him. And th
Officer responsibilities to protect Sixth Amendment Rights.
Guaranteed rights: Speedy Trial, confront witnesses, and obtain witnesses in their favor, and the assistance of counsel during court proceedings.
Responsibilities of peace officers to prevent self-inflicted civil violations.
Under Color of Law: An action carried out as if under the authority of law, but is actually done in violation of the law (peace officers, magistrates using their positions to act in an unlawful manner).
U.S. Code, title 18, section 241, Conspiracy.
Summary of Conspiracy:
If two or more persons, conspire to injure, oppress, threaten, or intimidate any person, for doing anything that the person had a legal right to be doing, or because the person previously exercised any such legal right.
Note: Differ
U.S. Code, Title 18, Section 242
Deprivation of rights, under color of law.
This law makes it a federal crime, punishable by a fine or imprisonment up to one year, or both: for any person, acting under color of law, to willfully deprive any person of any legal right, or to subject any pe
PC 422.6(a): California's Equivalent
Broader than U.S. Code, Title 18, Section 242, expounds upon not using force or threat, willfully injuring, basing judgments on national origin, disability, sexual orientation or gender... bla bla bla.
Appropriate responses to Consensual Encounters.
1. Requesting information (including identification, and personal information)
2. Interviewing witnesses at the scene of a crime or accident.
3. Conversing Casually, and disseminating information.
Elevating Consensual Encounters
Note: It's about what the person THINKS is happening.
1. Using emergency lights.
2. Placing the peace officer or the officer's vehicle so as to prevent the person or car from leaving.
3. Issuing orders or commands.
4. Using accusatory questioning or tone
Consequences of elevating a Consensual Encounter
The peace officer could:
1. Violate the fourth amendment right against unreasonable searches and seizures, resulting in the suppression of evidence.
2. Be civilly prosecuted for a violation of civil rights
3. Be criminally prosecuted for false imprisonmen
Detention VS. Consensual Encounter.
Detention: Assertion of authority by an officer causing the detainee to believe he is NOT free to leave.
Legal: MUST HAVE REASONABLE SUSPICION!!!
Consensual Encounter: Face to face contact with a person, which causes a reasonable person to believe they ar
Reasonable Suspicion
When a peace officer has enough facts and circumstances present to make it reasonable to suspect that criminal activity is occurring and the person detained is connected to that activity.
May be based on observation, personal training and experience, or i
Appropriate Actions During Detention: Common Actions
1. Questioning person about identity and conduct.
2. Contacting other individuals to confirm explanations, verifying identification, or determining whether the person is wanted.
3. Checking premises, examining objects, or contacting neighbors or other ind
Length of Detention
A detention must be temporary and last no longer than is necessary to resolve the reason for the stop. A legal detention may turn illegal if extended beyond what is reasonably necessary under the circumstances.
If person answers all questions about the su
Reasons for transporting a person during detention
Officers should not transport unless:
1. The detainee gives permission
2. It is impractical to bring the witness/victim to the detainee's location,
3. The conditions of the detention are dangerous to the person,
4. The conditions of the detention are dang
Scope of a cursory/pat search (during detention)
Search may only be conducted when the officer believes that the suspect may have a weapon on his person."
1. Frisk of outer clothing,
2. Locate possible weapons,
3. A pat search is NOT a search for evidence or contraband.
Conditions for searching a suspect's person
Factors supporting reasonable suspicion that the person may be carrying a weapon or pose a danger:
1. Person's clothing (bulge, or heavy coat on a hot night).
2. Person's actions (trying to hide something, or being overly nervous).
3. Prior knowledge of a
Use of Force or Physical restraints during detention.
If a person attempts to leave during a detention, officers may use reasonable force and/or physical restraints to compel the person to remain. The use of force does not necessarily elevate the detention to arrest. Uncooperative individuals may:
1. Be hand
PC 834, Arrest
Taking a person into custody, in a case and in the manner authorized by law. An arrest MUST be based on probable cause.
Probable Cause
A set of facts that would cause a person of ordinary care and prudence to entertain an honest and strong belief that the person to be arrested is guilty of a crime. Probable cause is required before an arrest is made and is based on the totality of the ci
Some facts required to establish probable cause
1. Direct investigation/reports.
2. Circumstantial evidence, or
3. Second-hand statements from reliable sources.
Note: Officer experience will come into play in recognizing probable cause.
Elements of a Lawful Arrest
1. An arrest may be made by a peace officer or private person (PC 834)
2. The arrested person must be taken into custody, in a case and in the manner authorized by law. (PC 834)
3. An arrest may be made by actual restraint of the person, or by the person'
Detention VS. Arrest
A detention is a temporary stop by assertion of authority by a peace officer. It is limited in scope, intensity, and duration.
An arrest is the taking of a person into custody, in a case and in the manner authorized by law. Custody is the key word; it imp
Information that must be given to the detainee at time of arrest.
1. Intent: Must tell person that he/she is under arrest
2. Cause: Must tell person reason for the arrest. (warrant or name of offense.)
3. Authority: A non-uniformed officer must show identification. A uniformed officer and/or marked car satisfies this re
Exceptions to giving arrested individual info
1. Perp actually committing the offense.
2. Suspect attempts to escape.
Elements of a warrantless felony arrest
1. Committed in officer's presence (PC 836(a)(1))
2. Committed a felony, not in officer's presence. (PC 836(a)(2))
3. Committed a felony, regardless of whether or not the felony was, in fact, committed. (PC 836(a)(3))
Elements of a warrantless misdemeanor arrest
1. Committed by a juvenile (WIC, 625)
2. DUI (CVC 40300.5 and 40600)
3. Carrying a loaded firearm on person or in a vehicle while in any public place (PC 12031(a)(4)(A)).
4. Violating a domestic protective or restraining order, when the officer was respon
Elements of a warrant arrest
1. Name of defendant
2. Crime accused of
3. Time warrant issued
4. City or county from which warrant is issued
5. Signature of the issuing authority with the title of office
6. Name of court or other issuing agency, and
7. Amount of bail
Knock and Notice, Lawful access to private property
Most commonly obtained when:
1. Based on consent.
2. Based on exigent circumstances
3. Lawfully accessed area already for some other purpose (I.e. probation/parole search.)
Knock and notice: An officer must give notice to the person inside (PC 844) that t
Knock and Notice, procedure
In order:
1. Announce presence
2. Identify as peace officer
3. State purpose
4. Demand entry
5. Wait a reasonable amount of time (DeRohan 20s)
6. If necessary, forcibly enter.
Knock and notice exceptions:
1. At scene, officer is given consent.
2. When exigent circumstances exist.
3. The officer possesses a "no knock" warrant.
Knock and notice, exigent circumstances:
1. Hot pursuit
2. Imminent threat to: Life, property
3. Suspect attempting to flee
4. Someone inside is destroying evidence or contraband
Citizen's arrest, Authority
A private person is authorized to make both felony and misdemeanor arrests (PC 834 and 837). The conditions are similar to P.O. arrests regarding the use of force and information that must be supplied to arrestee.
Citizen's arrest, Peace Officer responsibility.
Options:
1. Release.
2. Issue Citation
3. Take arrestee to a magistrate. If unavailable, jail.
Note: Receiving officers may not be held liable for false arrest or imprisonment.
PC 834a, Force that is reasonable and necessary during arrest
1. If necessary to make arrest
2. Prevent escape
3. Overcome resistance
Disposition (disposing) of arrestees.
Statutes provide different means of handling or "disposing" of arrestees, depending on the nature of their offenses (infraction, misdemeanor, or felony) and the manner of arrest (warrant, or warrantless).
1. If warrant, P.O. must obey the commands in the
PC 853.6, Warrantless misdemeanor arrests and release.
Requires(with some exceptions): a person arrested without a warrant for misdemeanor offenses be cited and released in lieu of custody. Once signing promise to appear in court.
Exceptions to misdemeanor cite and release.
1. Person so intoxicated he/she was dangerous to self and others.
2. Person required med-exam or medical care, otherwise unable to care for own safety.
3. Person arrested under one or more circumstances in CVC 40302, 40303.
4. One or more outstanding arre
Domestic Violence/Abuse exceptions. Officers are required to take a person before magistrate, if the arrest is for:
1. A misdemeanor violation of a protective court order involving domestic violence as defined in PC 13700.
2. Is pursuant to agency policy for responding to domestic violence calls per PC 13701.
Warrantless arrest releases, arresting officer must...(PC 849(b))
1. Insufficient grounds for criminal complaint
2. Person arrested for intoxication only and no further proceedings are desirable.
3. Person arrested only for being under influence of a drug, or controlled substance, delivered to hospital or treatment faci
Probable Cause Determination
When an individual is arrested without a warrant, he/she must be given a judicial determination of probable cause within 48 hours after arrest, including weekends and holidays.
Note: Very important to have good probable cause and report writing skills.
Exceptions to powers of arrest
1. Stale misdemeanor
2. Full diplomatic immunity
Statute of limitations (time frame for arrest)
Most misdemeanors:1 year
Most felonies: 3 years
Crimes punishable by death or life imprisonment: No limit
Sex crimes, crimes against children and others: varies by crime.
Purpose of Miranda Warnings:
No person ... shall be compelled in any criminal case to be a witness against himself
Miranda Warnings: Components, and admonishment.
1. Right to remain silent
2. Anything you say may be used against you in court
3. You have the right to an attorney before and during questioning
4. If you cannot afford an attorney, one will be appointed for you free of charge, before questioning, if you
When to administer Miranda Warnings:
Adults: When in custody, and about to be interrogated.
Juveniles: When in custody.
Types of waivers (Miranda)
1. Express - Answers yes or no to proceeding questions
2. Implied - Acknowledges understanding, and proceeds
3. Conditional - willing to go forward, but places limitation/qualification on answering questions
Invoking Miranda Rights
Person may invoked right to remain silence when CUSTODY and INTERROGATION BOTH exist. Otherwise, there are no rights to invoke.
However, when both conditions exist and invocation occurs, interrogation MUST CEASE.
Right to remain silent, reinitiation
Elements:
A period of time has gone by, and
the officers have some new information, and/or
the officers want to ask about a different crime.
In any "try again" situation, full miranda advisement must occur again.
Exception to Miranda rule
Public Safety exception, based on exigent circumstances.
Interview VS. Interrogation
Interview: Process of gathering info from a person who has knowledge of the facts that an officer will need to conduct an investigation.
Interrogation: When a peace officer engages in direct/express questioning of a person about a crime, or using words or
Admission VS. Confession
Admission is a partial piece of the puzzle, whereas a confession is the entire crime picture from a person's perspective.
Purposes for interrogation
1. Obtaining an admission or confession
2. Identifying individuals involved in a crime.
3. Establishing a person's guilt
4. Corroborating the facts of a crime, and
5. Obtaining information that could lead to recovery of evidence or property.
Inadmissible Statements
Any confession or admission is inadmissible by the courts when:
It violates the 4th, 5th, 6th, or 14th amendments.
273.5
Domestic Violence (Felony) is _____ PC. Applies to (current or former) spouse or intimate cohabitant with visible injuries.
seize
With a Domestic Violence arrest you must _____ any firearms in the house, found either through consent or through plain view.
abuse
Intentionally and recklessly causing bodily injury is _____.
spouse, cohabitant or common child
Felony relationships include:
dating or engaged
Misdemeanor relationships include:
cohabitant
Two unrelated adults, living together for a substantial period of time, with an intimate relationship.
Did You Exchange Spit
DUES stands for (definition of an intimate relationship)
243 (e)(1)
Domestic Violence Battery (Misdemeanor) is ______ PC. Applies to current or former dating or engaged, with or without injury
intimacy
Most Domestic Violence relationships require (current or past) ________.
dating
Frequent, intimate associations, independent of financial considerations.
disputes
Domestic ________ are disagreements between family or household membert that DO NOT involve violence, threats of violence, or court order violations.
traumatic condition
A wound or external or internal injury, whether of a minor or serious nature, caused by physical force.
traumatic condition
Even a slap, if there is a mark, is considered a
traumatic condition
Even if there are no marks, a complaint of pain is a
243 (e)(1)
Any of the DV relationships, without injury, are a (misdemeanor)
traumatic condition
The main difference between 273.5 and 243 (e)(1) is the existence of a
misdemeanor 243
Domestic Violence, regardless of the relationship, with no injuries or complaints of pain, is a
arrest
No matter which Domestic Violence section, misdemeanor or felony, you can still ______.
422
Criminal Threats (felony) is ___ PC. A threat of great bodily injury, verbal, written or gesture, the statement must be taken as a threat and cause sustained fear, even if the suspect has no actual intent.
646.9
Stalking (felony) is _____ PC. Willfully, maliciously and repeatedly follows or harasses a person, and makes a credible threat, victim must be aware and distressed by the suspect.
591
Malicious Destruction of a Telephone Line (felony) is ___ PC.
262
Spousal Rape (felony) is ___ PC. Penile/Vaginal intercourse, with a spouse, against the will or without consent of the victim.
136.1
Preventing or Dissuading a Witness or Victim from Testifying (felony) is _____ PC.
context
In Stalking and Criminal Threats, ________ is everything.
leave
The most dangerous time is when the victim finally decides to ______.
dominant aggressor
Arrest the ________ _________.
control
Domestic Violence is a form of _______.
severity
Domestic Violence typically increases in frequency and ________.
learned
Violence is a _______ behavior.
positive
When officers respond to a DV incident they have a _______ impact on all parties.
arrest
Making an ______ is the single most effective deterrent to DV, regardless of prosecution.
dangerous
Domestic Violence calls are extremely _________ for law enforcement.
alcohol or drugs
Many DV offenders are under the influence of
photographs
The single most important piece of evidence you can collect at the scene of a DV are ___________.
spontaneous statements
Always be sure to record ___________ __________.
Emergency Protective Restraining Order
Before leaving the scene offer the victim an _________ __________ ___________ _______.
any
Criminal Protective Orders take precedence over ___ other existing order.
273.6
Civil restraining order violations use _____ PC.
166 (c)(1)
Criminal restraining order violations use ______ PC.
Suspect willfully does or allows a child to do something that causes great bodily harm
273a PC Felony
Willfully anything other than great bodily harm to a child
273a PC Misdemeanor
Great Bodily Injury (GBI) / Great Bodily Harm (GBH) requires
medical treatment
Suspect willfully does something to harm, injur or endanger a child
273a PC (felony if great bodily harm)
Define "child
Any person under 18 years old
Biggest requirement to prove 273a PC
willful
Define physical abuse of a child
willfully inflicts upon a child any cruel or inhuman, punishment or injury, resulting in a traumatic condition.
Penal code for physical abuse of a child
273d PC
Each injury
can be it's own charge
Willful physical abuse of a child causing great bodily injury
273d PC (felony)
What can you spank a child with?
only your hand. Any tool is 273d Felony Child Abuse
Penal code for Lewd or Lascivious Acts with a Child
288 PC
Lewd or lascivious acts with a child means
any act upon or with a child committed with the intent of arousing, appealing to, or gratifying sexual desire for the perpetrator or the child
Lewd or lascivious acts with a child requires
willful touching. bad guy to child or child to child
Age restrictions for 288 PC Lewd or Lascivious Acts
child under 14, or 14-15 with bad guy 10 years older than child
Annoying or molesting children is
647.6 pc. An act committed against a person under 18 which would annoy any reasonable person
647 PC can simply be
annoying, harassing or molesting anyone under 18
Annoying or molesting children 647 PC is classified as a
misdemeanor, unless entered a house, a prior conviction under 647 or a prior felony
Does 647 pc Annoying or Molesting require touching?
no
Possession of Child Pornography is penal code
311.11 PC (misdemeanor or felony with prior convictions)
Possession of child pornography is to
knowingly possess or control anything showing a child engaging in or simulating sexual conduct
Possession of Child Pornography 311.111 PC is a
misdemeanor unless prior convictions, then felony
Manufacturing or distributing child pornography is a
Felony, 311.1(a) PC
Unlawful sexual intercourse is
261.5 PC, any sexual intercourse with a minor (even by another minor) who is not married to the perpetrator
Age difference for 261.5 PC are
three years or less is a misdemeanor, greater than three years is a felony
Suspected Child Abuse reporting requirements
11166 PC mandates to report any incident of which they have direct knowledge, have observed or reasonably suspect a child has been a victim of child abuse
Failure to report suspected child abuse is a
misdemeanor
What is the age of consent in California
18. (this is why two minors cannot have legal consensual sex)
If you see or suspect child abuse you
shall immediately contact a child protective agency by phone and submit a report within 36 hours.
Anyone who reports child abuse or suspected child abuse is
protected and confidential. 11166 11167 and 11172 PC
Are police officers mandated reports for child abuse?
yes
Failure to report child abuse or suspected child abuse is a
misdemeanor
The identity of reporting parties for child abuse must
be kept confidential. even if it's a fake call. 11167 PC (misdemeanor)
A peace officer is not permitted inside a residence without
a warrant, exigent circumstances or valid consent from the occupant
Warrant-less entry to protect minors can only be performed if
the child is in immediate danger (ie. there are exigent circumstances)
Exigent circumstances means
imminent danger to a person's life or safety, serious damage to property, imminent escape of a suspect or evidence about to be destroyed or removed.
Indicators of Physical Neglect of a Child include
lack of food or water, lack of supervision, unsanitary conditions, lack of heat, water or electricity, inadequate sleeping conditions, accessible weapons, presence of dangerous persons
Pimping
Most crimes (Lewd Conduct, Invdasion of Privacy, etc.) we talked about are misdemeanors EXCEPT which crime under PC section 266i.
No
Is skin-to-skin contact required for lewd conduct?
No
Does public view mean any area that is accessible to the general public?
No
Does public place mean an area that can be seen by others?
Lewd Conduct
SCENARIO: A woman sat at a bar during happy hour. To get attention from some of the men, she opened her blouse to expose her bare breasts and invited everyone to touch them. What crime has she committed?
Prostitution
SCENARIO: A man walked by a group of women. One women called out to him and offered to take him to a room and perform multiple sex acts for $100. What crime has the woman committed?
Invasion of Privacy
SCENARIO: A man climbed into a tree and looked around using his binoculars. He looked toward a nearby building and noticed that a window opened into a bathroom. He focused on the window and saw a woman taking a shower. What crime has he committed?
Felony
Prostitution with a prior conviction and prior positive AIDS test is a _____. (misdemeanor or felony)
Loitering About a Public Toilet
SCENARIO: A man stood outside a public restroom. Every time a woman walked past him he offered to engage in oral sex. What crime has he committed?
Public Intoxication
SCENARIO: A woman sat on a park bench and drank out of a wine bottle in a brown paper bag. After several minutes, she passed out. What crime has she committed?
Lewd Conduct
Any person who solicits or engages in touching the genitals, buttocks, or female breast with the intent to sexually arouse, annoy, or offend while in a public place or in public view.
Public Intoxication
A person found in any public place under the influence of intoxicating liquor, drugs, controlled substance, or toluene to the extent he/she cannot care for his/her own safety or the safety of others.
Invasion of Privacy
Looking into a private area with the intent invade the privacy of the individual.
Prowling
SCENARIO: A man walked around a housing complex in the middle of the day. He walked from house to house and rang doorbells to see if the residents were home. When another resident walked by he pretended to be waiting for the bus. What crime has he committ
Prowling
Peeping must meet all the elements of which crime?
Peeping
SCENARIO: At around two in the morning, a man wandered around outside a house not in his neighborhood. He looked into several windows and stopped at one where he saw a child sleeping. What crime has he committed?
No, Yes
If a man walks up to a buddy and says "what's up < insert racial slur >" and that is their form of greeting then will that be considered a crime? What if they were in a mall?
Disturbing the Peace
SCENARIO: At 5:00 AM on a Sunday morning, a man used his new gas-powered leaf blower to clean up his yard. What crime has he committed?
Obstruction of a Public Way
SCENARIO: A group of teenagers gathered at the corner of a busy downtown intersection with a lot of pedestrian traffic. They refused to move out of the way so that other people could walk past them. The pedestrians were forced to step into the street to w
Prowling
Any person who loiters or wanders on private property with out visible or lawful business.
Peeping
Any Person loitering or wandering on private property and looking into doors or windows without lawful business.
Obstruction of a Public Way
A person willfully and maliciously obstructs the free movement of another person or any street, sidewalk, or other public place.
Solicit
To seek to induce or try to obtain.
Unlawful Fighting
A person fights in a public place or challenges another person in a public place to fight.
Using Offensive Words
A person uses offensive words in a public place which are inherently likely to provoke an immediate violent reaction.
Battery
A willful and unlawful use of force or violence upon the person of another.
serious
Battery causing/inflicting _____ bodily injury means a serious impairment or physical condition.
Felony
Great or serious bodily injury is a felony or misdemeanor battery?
Misdemeanor
Batter upon an individual is a felony or misdemeanor?
Misdemeanor
If you slapped a police officer then you would have committed a felony or misdemeanor battery?
Felony
If you were to break a fireman's nose then would that be a felony or misdemeanor battery?
Battery, Felony
SCENARIO: Women walked into her house and saw her boyfriend with another woman. She struck him on the head. He fell and was knocked unconscious. What crime did she commit and was it felony or misdemeanor? (Separate answers with a comma " , ")
No
Can a man be charged with felony battery on a police officer if he broke his nose while the officer kept repeatedly striking him while he was on the ground unarmed?
Misdemeanor
Battery on a sport official is a misdemeanor or felony?
Yes
Does the crime of battery require actual contact with the victim's items closely associated with the victim's person such as clothing?
Yes
Can a fist be a deadly weapon?
Felony
Assault with a deadly weapon or by means of force is a misdemeanor or felony?
Assault with a deadly weapon
SCENARIO: Two men were arguing and one man picked up a baseball bat then swung it at the other man. The second man ducked to avoid being hit on the head. What crime did the man with the baseball bat commit?
No
Does assault with a deadly weapon or by means of force require contact on the victim in order to convict?
Felony
Any person who places a elder or dependent adult within a situation such that the person or health is endangered would be charged with a misdemeanor or felony?
Felony
If a person commits false imprisonment upon an elder or dependent adult then he/she would have committed a misdemeanor or felony crime?
No
Is person who is 55 years old an elder?
65
Whats the age requirement to be considered an elder?
limitations
A dependent adult has physical or mental _____.
Yes
Is an adult with physical and developmental disabilities susceptible to elder abuse as well?
unjustifiable
Any ____ physical pain or mental suffering brought upon an elder or dependent adult is a crime of elder or dependent adult abuse.
Felony
Kidnapping is a misdemeanor or felony?
Kidnapping
This crime occurs when a person forcible, or by means of instilling fear, takes another person to another place.
additional
In order for kidnapping to occur, the offender must expose the victim to _____ danger because of the movement.
kidnapping
If a victim was told to move by force and the victim reasonably believes some kind of harm will occur if he and she doesn't cooperate then the force used is sufficient to complete the crime of _____.
False Imprisonment
Unlawful violation of the personal liberty of another.
Felony
SCENARIO: A man lured his ex-girlfriend into his car then locked the doors to keep her from leaving. He wouldn't unlock the doors until she promised him a date. Is this type of false imprisonment a misdemeanor or felony?
Misdemeanor
SCENARIO: Two attorneys entered an empty elevator. Without warning, the defense attorney pushed the emergency button and began to harass the prosecuting attorney about a suspected ethics violation. When the prosecutor demanded to get off the elevator, the
Yes
Child abduction without or with custodial rights are both felonies?
Child Abduction With Custodial Right
SCENARIO: Martinez and his wife, in the process of a divorce, obtain a temporary custodial decree. The decree granted them joint custody of their 6-month-old daughter. Martinez was to have the daughters on the weekends. Martinez decided to go on a weekend
No
Is robbery a misdemeanor?
Yes
Is carjacking a felony?
control
A subject has completed the crime of carjacking once he or she has _____ over the vehicle.
No
Carjacking requires the intent to only permanently deprive the person in possession of the vehicle?
No
SCENARIO: At a gas station, a man got out of his car, leaving the keys in the ignition. He went to pay the cashier after filling his gas tank. Another man got into the car, started it, and drove away. Did the criminal commit the cime of carjacking?
No
Does 1st degree murder require a implied malice aforethought?
implied
2nd degree murder requires a _____ malice aforethought.
Yes
If a carjacking ends up with a homicide then would the felony murder rule be taken into account?
Manslaughter
Unlawful killing of a human being without malice.
No
Is gross negligence while NOT intoxicated a misdemeanor?
Involuntary Manslaughter
A man was in his suburban backyard with a high-powered rifle, practicing shooting into a cardboard target. He hit the target, but the bullet continued into a neighbor's house where it hit and killed the neighbor. What crime has the man committed?
Homicide
The killing of one human by another, regardless of the circumstances.
Yes
Can homicide be lawful?
Present Ability
Capability to accomplish the act of applying force.
Malice Aforethought
The state of mind manifesting an intent to kill or conscious disregard of human life.
No
SCENARIO: A person, inteding to steal an overcoat from a clothing dummy in front of a store, removed the coat but was unable to carry it away because it was fastened by a chain. Was this theft?
deprive
In order to complete a theft, you must have the intent to permanently _____ the owner of the property.
exist
With theft, the intent to deprive must _____ at the time of the taking and not a later time.
Market retail
How is the valure of the property stolen determined?
Yes
Is the market value of a certain item stolen included with tax?
Yes
An item was stolen worth market retail 399.90 without tax. In the end total, will it be considered grand theft?
400.00
An item must be below _____ in order to be petty theft.
100.00
How much is ALL stolen agriculture products worth regardless of market value?
Yes
Under Penal Code Section 487(b), Is stealing from aquacutural and agricultural products worth 150.00 dollars a felony?
Yes
Is pickpocketing a felony?
Yes
A crappy vehicle worth 250.00 dollars was stolen. Is this a felony?
Felony
A man was convicted for a second theft. Will he be facing a felony or misdemeanor charge?
Yes
Is a ATM a access card?
Yes
SCENARIO: A man picked up his girlfriend with a stolen vehicle. He bragged to her how easy it was to steal the vehicle. They took turns driving the vehicle until it ran out of gas. Was the woman guilty of vehicle theft?
No
SCENARIO: A man picked up his girlfriend with a stolen vehicle. He bragged to her how easy it was to steal the vehicle. They took turns driving the vehicle until it ran out of gas. Is this unlawful driving a misdemeanor?
No
In order to convict a subject for vehicle theft, you must prove that the intent was to only permanently deprive the owner of the vehicle..
temporary
A person being arrested for the crime of vehicle theft must have driven or taken the vehicle on a permanent or _____ basis.
Yes
SCENARIO: A man spent the night at a hotel. He knew that he had only enough money to buy gas to get home, so he left without paying. Did he commit a crime?
Defrauding an Innkeeper
SCENARIO: A family arrived at a campground in their motor home. The property manager offered the lot for free if the family would agree to pay for the utilities. The father agreed, even though he knew they would not have enough money. After five weeks, th
Burglary
Entering any designated building or structure with the intent to commit a theft or any felony.
First degree
A burglary of a inhabited dwelling has taken place. Is this a first degree or second degree burglary?
No
A vehicle was broken into with the doors locked and windows rolled down. Is this a burglary?
occupied
Inhabited means currently used for dwelling purposes, but not necessarily actually _____.
No
Is possession of burglary tools a felony?
Yes
SCENARIO: An officer walked into a pawn shop while on duty. She noticed that a television had its serial number scratched off. When she asked the owner about the television, the owner admitted that he knew the numbers were altered when he purchased the te
knowingly
In order to be charged with receiving stolen property, the person must _____ buy or receive the property with circumstances such an inadequate price.
Felony
Forgery is a felony or a misdemeanor?
Arson
willfully and maliciously setting fire to a structure, forest land, or property
Petty Theft
All thefts that are not grand theft
Forgery
Defrauding by signing the name of another or of a fictitious person.
Grand Theft
A felony depending on the value or type of the property stolen.
Maliciously
A wish to vex, defraud, annoy or injure another person or an intent to do a wrongful act.
Real Property
Land and immovable property, affixed to, or growing from that land.
Theft
The taking and carrying away of the personal property of another with the intent to permanently deprive the owner.
VIN
Generally a 17 digit number that is unique to a vehicle and may be used to confirm specific ownership.
Vandalism
A person maliciously damages, destroys, or defaces any real or personal property of another person.
Arson
SCENARIO: A man was terminated from his job. That night he returned to the vacant job site and poured gasoline on the front door of the business. He ignited the gas and the fire burned half of the building. What crime did he commit?
Unlawfully Causing a Fire
SCENARIO: A women was driving through the a state park. She threw her lit cigarette in the dry bush, causing a fire. What crime did she commit?
burn
In order for arson to take place an item ( people, wood, cars, etc.) must _____.
intent
In order to be arrested and charged for possession of flammable or combustible material the subject must have the _____ to willfully and maliciously use the material.
No
The crime of unauthorized entry of dwelling is a felony?
Yes
If a garage was being used as a temporary home by family friend and a transient decides to slip into the make shift garage dwelling, would this be a burglary?
Trespassing
SCENARIO: Three teenagers followed one of their teachers home. That night, the teens climbed over the teacher's fence, intending to spray paint the teacher's house. The teacher ordered them to leave, when they didn't he called the police. The teenagers co
Entering and Occupying Real Property
SCENARIO: A homeless man found a vacant apartment with a broken out window. He climbed through the window and lived there for three months until the owner found him. What crime did he commit?
Yes
Is arson a form of vandalism?
Felony
Vandalizing a place of religious education or worship is a felony or a misdemeanor?
Public
A repossessor may only take control of the vehicle if its in _____ domain.
Trespassing
If a landlord enters a tenant's premise without permission from the tenant then he is committing which crime?
Accessory
One who knowingly assists a perpetrator after the felony has been committed
Accomplice
The principal testifies for the prosecution against another principal
Aids and Abets
Actively assisting, supporting, promoting, encouraging, or instigating in the commission of a crime by act or advice.
Breach of Contract
Failure to comply with terms of a contract
Case Law
Laws that are based upon appellate court decisions
Civil Law
Noncriminal violations of the law
Codes
All current statues or ordinances enacted by a legislative body
Constitutional Law
Rules and provisions found in the federal and state constitutions
Crimes
Violations of a criminal statue
Criminal Intent
A mental state or frame of mind that the person knowingly did the particular criminal act.
Criminal Law
Criminal statues that describe crime and punishment
Criminal Negligence
A inconsiderate act that is aggravated or reckless, and constitutes indifference to the consequences
Element of the crime
The basic facts that must be proven by the prosecution to sustain a conviction
Ex Post Facto Laws
Laws written after the fact to punish an action that has already taken place and was not illegal at the time of commission
Felony
The most serious crime, punishable by a fine and/or imprisonment in a state prison, removal from office, or death
General Intent Crimes
Intent is presumed and does not have to be proven
Judicial Review
The power held by the judicial branch that permits it to review actions of the legislative and executive branches of government and declare void acts it finds are in violation of the Constitution
Letter of The Law
When the law is applied in accordance with the literal meaning of the statue
Misdemeanor
A crime of lesser gravity than a felony, punishable by a fine and/or imprisonment in a county jail
Ordinances
County and municipal codes or statues
Precedent
Previous appellate court decisions that become binding on later court decisions
Principals
All persons involved in the commission of a felony or misdemeanor
Redress
To right a wrong
Specific Intent Crimes
An element of a crime that must be proven and cannot be presumed; the requirement of the specific intent element varies according to the crime
Spirit of The Law
Interpreting the law in accordance with the intent of the legislative body rather than the literal meaning of the words of the statue
Statutory Law
The written law enacted by a legislative body
Tort
Private wrong committed by one person against another
Transferred Intent
When an unlawful act affects a person rather than the person it was intended to affect
Wobbler
A crime that can be punished either as a felony or misdemeanor
Statutory
California criminal law is required to be ______.
English common law
California's legal system is based partly on ______.
authority
If the matter is only civil, peace officers lack the ______ to force a resolution to the dispute.
20
Penal Code Section ______ states that "in every crime or public offense, there must exist a union, or joint operation of act and intent, or criminal negligence.
intent
All crimes require criminal ______.
Negligence
______ is the failure to exercise ordinary care.
thinking
Merely ______ about committing a crime is not sufficient to constitute an attempt.
365
Felony mandates ______ days or more in local jail or prison.
180
Misdemeanor mandates 90, ______ , 365 days in local jail.
money
Infraction requires ______ from the violator.
26
Penal Code Section ______ identifies those individuals who are presumed not capable of forming the designated state of mind and committing a crime.
children
Those presumed not capable of forming the designated state of mind are ______ under 14.
mentally
Those presumed not capable of forming the designated state of mind are ______ incapacitated.
threat
Those presumed not capable of forming the designated state of mind are under ______ or menace.
What is the definition of Community Policing?
is both an organizational and personal philosophy that promotes police/community partnerships and proactive problem solving.
What are some of the goals of Community Policing?
* reducing crime
* reducing fear of crime
* improving quality of life
* increasing community awareness, involvement, and responsibility
* increase local government involvement in problem solving.
What is Traditional Policing?
It is policing that is incident driven, reaction based, and enforcement focused with limited community interaction.
What is Professional Policing?
It emphasizes officer education and training, policies and procedures and the development of professional standards and behavior.
What are the responsibilities of a police officer in the community?
* maintain order
* enforce the law
* prevent crime
* deliver service
* educate and learn from the community
* work with the community to solve probelms
Describe what a proactive approach to policing would be.
It means to anticipate problems and act in advance to address local concerns.
Describe what a reactive approach to policing would be.
It means responding to criminal activity and problems after they have taken place.
What are the important areas of a beat an officer should have knowledge of?
* Critical sites (schools, airports, hospitals, etc.)
* Hot Spots (high crime areas, isolated or low traffic areas, and traffic choke points)
* Potentially dangerous areas (flood zones, local hazards, railroad crossings)
* Information gathering and partne
What are community expectations of the police?
* Quick response
* Fair and equal enforcement
* Arrest criminals
* Provide professional service
* Empathy
What are the components that comprise communities?
* Families
* Individuals
* Neighborhoods
* Schools
* Elected officials
* Businesses
* Media
* Social organizations
* Religious Institutions
* Law Enforcement
What are the resources for police officers to interact with the community?
* Community forums
* Community questionnaires
* Community advisory groups
* Neighborhood watch programs
* Informational presentations
* Property management
* Mass media
* Collaboration / Problem solving meetings
What are some government expectations of police officers?
* reducing and controlling crime
* providing community service
* enforcing the law
* reducing or eliminating civil liability
* problem solving
Define community partnerships.
They are relationships comprised of two or more individuals, groups, organizations working together to address an issue.
What are the key elements of developing TRUST?
* Truth
* Respect
* Understanding
* Support
* Teamwork
What is leadership?
It is the practice of influencing people while using ethical values and goals to produce an intended outcome.
What is communication?
It is the sending and receiving of messages, both verbal and nonverbal, between two or more people.
What is facilitation?
Is a consensus building process which brings together diverse priorities and perspectives toward a desired outcome.
What is community mobilization?
Is a continual process of identifying, bringing together, and involving community members for crime prevention and problem solving.
what are the components of community inventory?
* Partners - those who actively participate in the processes of identifying problems.
* Stakeholders - community partners who have a vested interest
* Community collaboration - is a strategy for identifying, addressing, and preventing problems.
What is Homeland Security?
Is a cooperative effort between communities and law enforcement to prevent, or respond to , terrorist acts.
Define the term problem
A problem are two or more incidents that are similar in nature causing harm or are capable of causing harm.
It is also something police are expected to do something about.
What are the three elements that constitute a crime? (crime triangle)
* A victim
* An offender
* A location
what is the "broken windows theory"?
The broken windows theory says that an unchecked problem may lead to other problems
*Graffiti
* Illegal dumping
* Blighted property
* Drinking in public
* Prostitution
What is the definition of problem solving?
It is a comprehensive planning process that attempts to attain long-term benefits through effectively:
* identifying problems
* collecting and analyzing information
* facilitating responses that are innovative
* evaluating the response to determine the ef
What are the elements of SARA
* Scanning
* Analysis
* Response
* Assessment
what is the definition of crime prevention?
Is the anticipation, recognition, and appraisal of a crime risk, coupled with specific actions which can be taken to remove or reduce that risk.
What are some crime prevention strategies?
* Anticipating criminal activity
* Recognizing crime risks
* Identifying crime problems
* Taking specific actions to remove or reduce the opportunity for criminal activity
What is the definition of Crime Prevention Through Environment Design (CPTED)?
It is with proper design and effective use of built environment can lead to the reduction in the opportunity for crime and fear of crime, to improve the quality of life.