SFO Study Guide #1

The U.S. Constitution protects the rights of citizens by what 2 things?

1: limiting the powers of government by granting it to only those specific power that are listed in the Constitution
2: Enumerating certain, specific rights which individuals retain. These rights are listed in The Bill of Rights

The U.S. Constitution established 3 areas of Government

1. Legislative Branch
2. Executive Branch
3. Judicial Branch

Legislative Branch

Responsible for forming laws

Executive Branch

Responsible for enforcing laws

Judicial Branch

Responsible for judging and interpreting the constitutionality of laws

Supreme Law of the Land

U.S. Constitution

The U.S. Constitution has precedence over

1. Federal and State Statues
2. Local laws and ordinances

________________ can be made to the constitution because a method was set on plaza: saying so

Amendments

Define Amendments

An alteration of or addition to a motion, bill, constitution, etc..

The Utah Constitution can give more _________ and ____________ than the Federal Constitution.

1. Protections
2. Rights

The Utah Constitution may not what?

Restrict any right guaranteed under the Federal Constitution

The Utah Constitution holds presence over what two things?

1. State Laws
2. Administrative Rules

Utah State Constitution branches of government

Emulates the Federal Constitution
Legislative Branch
Judicial Branch
Executive Branch

The Utah State Constitution is known as

The supreme law of Utah

Define Bill of Rights

First 10 amendments to the Constitution

Define US Constitution

The governing body of law originally written at the Constitutional convention in Philadelphia in 1782 and subsequently ratified by the original thirteen states

What is the US Senate

A law making body�made up of 2 people from each state

What is the House of Representatives

A law making body representing stares based in the population of each state

The Utah State Legislature is responsible for

Enacting criminal and statutory law

What makes up the Utah State Legislature

The House of Representatives
The State Senate

What is the purpose of The Bill of Rights

Establish rights to the citizens of the U.S.

Originally, the Bill of Rights only applied to what type of actions

Federal Actions

The Bill of Rights originally did not apply to

State and local enforcement

What are subsequent amendments

Later amendments to the constitution that establish additional rights not included in the original Bill of Rights

The fourteenth amendment is considered a what

Subsequent amendment

The fourteenth amendment has been interpreted to make most of the what application to where and where?

1. Bill of Rights
2. State and local governments

First Amendment

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redre

What are the 5 freedoms?

religion, speech, press, assembly, petition

Freedom of Religion

1. Prohibits the creation of a state run religion or a religion mandated by the government
2. Citizens are guaranteed the ability to worship as they choose (unless engaging in illegal conduct in the name of religion)

Freedom of Speech

Allows citizens the right to speak on any subject
Does not protect harmful speech such as advocacy of violence in a crowd, obscenity or speech that creates imminent danger

Freedom of the Press

This is a broad protection that is designed to allow the free flow of information through news media
Does not protect publication of information that would compromise national security, information that is legally liable or obscene material

Freedom of Petition

Allows citizens the right to make their views known to public officials

Right to Assemble

Protects the rights to gather for religious, political or other purposes
Limitations on assembly rights can be made based on safety issues�like fire exists and maximum capacity in case of an emergency
A private property picker is prohibited unless the pro

Fourth Amendment requirements to obtain a search warrant

Based on Probable Cause
Supported by oath and affirmation
Must describe place to be searched
Must describe the person or item(s) to be seized

Explain vehicles and legal searches

Incident to arrest
Probable Cause
Frisk

Explain "Open Field Doctrine

Permits officers to enter and search a field without a warrant
May include unoccupied or undeveloped area outside of the curtilage of the home

Explain legal searches regarding the outdoors

A person does not have a right to privacy with regards to property if placed in public view
"Open Field Doctrine

Why are there legal searches regarding the indoors

The home is the most protected place according to the U.S. Constitution.
If possible, obtain a warrant to search these

Three areas limiting legal searches (physical areas)

Indoors
Outdoors
Vehicles

Explain "Fruit of the Poisonous Tree" in regards to the 4th amendment

Direct and indirect evidence will be suppressed if the evidence is tainted by illegall conduct of the police.
Most evidence obtained after illegal police conduct will be suppressed

How does the Exclusionary Rule apply to the 4th Amendment

Evidence obtained through illegal conduct or by illegal means may be suppressed and not allowed to be used in court

Exclusionary Rule

A law that prohibits the use of illegally obtained evidence in a criminal trial

How could inevitable discovery allow evidence to be admissible?

Evidence is admissible of the prosecution can establish that the evidence would have been discovered by lawful means

Explain "Good Faith" exception law

Officers being/acting in good faith on facially valid warrant do not violate the rights of the defendant if the warrant later is found to be invalid
The officer has the duty to carefully read the warrant and determine facial validity.

What activities are considered "non-searches

Abandoned Property
Canine Sniff
Open Field & Aerial View
Plain View
Plain Smell
Private Citizen Search
Inventory

Why is "Frisk" considered a legal search?

It is a limited search when there is reasonable suspicion a person possesses weapons and it is in the effort to prevent a crime from taking place.

Why is abandoned property considered a legal search?

Abandoned property may be searched if it appears to a reasonable officer that the property is abandoned.

Why are automobiles considered legal searches?

Vehicles are easily mobile and if probable cause exists, officers may search the vehicle without a warrant

Explain why schools are considered lawful/legal searches

Students often have less protection against what they might perceive as unreasonable searches and seizures at schools than in other places.
Due to the courts balance of a student's privacy rights against the schools interest in safety and students discipl

An officer must have what two things when conducting a Terry Frisk?

Reasonable suspicion of a weapon
AND
it is in the effort to prevent a crime from taking place

Explain Probable Cause when a stop is being taken place

Level 3 Encounter
Sufficient reason based upon known facts to believe a crime has been or is being committed

Three levels of encounters are

1. Voluntary Stop
2. Reasonable Suspicion
3. Probable Cause

Explain a Reasonable Suspicion stop

Level 2 encounter
The level of suspicion that would cause a reasonable person, under the circumstances. to believe that criminal activity has occurred or is occurring

What is a Voluntary Encounter

Level 1 Stop
Voluntary--free to leave at any time
Knock and Talk

Exigent Circumstances are..

AKA Emergency conditions
Circumstances that would cause a reasonable officer to believe entry or search was necessary to prevent physical harm to officers or others
The destruction of relevant evidence or the escape of a suspect would occur if the search

What is it called when
A search may be made if evidence of criminal activity can be seen without entry or search

Plain View

A search warrant

A judicial document authorizing police to search a person or place to obtain evidence
Affidavit is submitted to a judge or magistrate to establish probable cause that the search will yield evidence to a crime

9 Types of Legal Searches

Consent Search
Incidental to arrest
Search Warrant
Plain View/Plain Smell
Exigent Circumstances
School
Automobile
Abandoned Property
Frisk

Incidental to arrest is

Search is strictly justified by the circumstances for which an arrest was made
Search may be made of the person and the area in which the person was arrested

Exceptions of searches when a warrant is not needed

Search incident to a lawful arrest (saw it happen)
Plain View/Plain Smell
Consent
Stop and Frisk
Automobile Exception
Fresh Pursuit (Exigent Circumstances)

A consent search is

A search based upon reasonable suspicion
Must be given by the person who has legal authority of what may be searched

Who can give consent for searches

Anyone with reasonable expectation of privacy in the place or thing to be searched

First rule of consent

Consent must be voluntary

Two circumstances under which a valid search may be convicted

1. With a warrant
2. Under an exception of the warrant requirement:
Plain View
Consent
Etc.

Types of Voluntary Encounters

Knock and talk
Talking to anyone on the street

Reasonable suspicion

The level of suspicion that would cause a reasonable person, under the circumstances, to believe that criminal activity has occurred or is occurring.

Probable Cause

Sufficient reason based on known facts to believe a crime has been committed or that certain property is connected with a crime

Law Enforcement officers swear an oath that they will

Support, obey and defend the Constitution of the United States and the Constitution of this state

Regarding the Constitution, it is the officers duty to...

uphold and protect the rights of the Constitution (federal and state)

The Exclusionary Rule is...

Evidence obtained in violation of constitutional rights is excluded from court proceedings.

Explain "equal protection under the law

14th Amendment
States shall make no arbitrary distinction
But can if reasonable
States and local governments may make reasonable distinctions to these laws, as long as they're; equal, reasonable and non arbitrary

Explain the "due process" clause

14th Amendment
Restricts the state from "abridging" the rights of the citizens, which are granted under the Constitution and the Bill of Rights
Applies to local government as well as state

The 14th Amendment protects these

Life, Liberty and Property

What is the Fourteenth Amendment?

All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities o

Explain "reservations of power with the states and the people

10th Amendment
Any power not taken by Federal Government is to remain within the states and with the people.

What is the tenth amendment?

Powers not granted to the Federal Government in the constitution belong to the states or the people

Explain Fundamental Rights

9th Amendment
The courts will enforce any other right that it is considers a fundamental right, even if they are not specifically listed in the other amendments that make up the Bill of Rights

What is the Ninth Amendment?

Rights granted in the Constitution shall not infringe on other rights
Fundamental Rights

Explain the "Right to be free of cruel and unusual punishment

8th Amendment
A person found guilty of a crime cannot be tortured, excessively fined or lose their citizenship

Explain "Right to reasonable bail

8th Amendment
Excessive bail shall not be required, nor excessive fines imposed
This is not an absolute right to be released prior to trial

What is the Eighth Amendment?

Right to reasonable bail"
"Right to be free of Cruel and Unusual Punishment

Explain "The Right to a trial by Jury

7th Amendment
It suits that common law, where the value in controversy shall exceed $20, the right of trial by jury shall be preserved

What is the Seventh Amendment?

Right to a trail by jury

Explain "Right to an attorney

6th Amendment
Criminal defendants have the right to be represented by an attorney at all proceedings

Explain "Right to Confront Witness

6th Amendment
The defendant has the right to be present at all hearings
The defendant has the right to cross examine all witnesses

Explain "right to a speedy trial

6th Amendment
Defendant has the right to be brought to answer criminal charges without unnecessary delay
70 days typically

What is the Sixth Amendment?

Right to a speedy trial
Right to be informed of charges
Right to be confronted by a witness
Right to legal counsel

Amendment Exceptions to Double Jeopardy?

Mistrail
Trial overturned on appeal
Duel Sovereignty
Arbitrary for the state to prosecute
Federal government can prosecute if a federal and state crime has been committed
Entitlement to due process and presumption of innocence

Jeopardy is "attached" or "triggered" when...

1. A jury is empaneled
2. A judge begins to hear evidence in a non-jury trail

Double Jeopardy...

5th Amendment
Protects a person from being tried twice for the same crime in the same court

Explain "The Right to Remain Silent

5th Amendment
Right that protects witnesses from being forced to incriminate themselves
Indictment by Grand Jury
Requires that charges stem from an indictment

What is the Fifth Amendment?

The Right to Remain Silent

Exclusions to the general rule relating unreasonable search and seizure

An officer developing probable cause to seize property or a person relating to a criminal violation

What is the general rule relating to unreasonable search and seizure

The general rule relates to the obtaining of a warrant for officers to search and seize private property

Explain the amendment "protection against unreasonable search and seizure

4th Amendment
The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures

Protection against unreasonable search and seizure

Fourth Amendment

Explain "No Quartering of Soldiers

3rd Amendment
No solider shall, without the consent of the owner, nor in time of war, but in a manner to be prescribed by the law

What is the Third Amendment?

No quartering of soldiers

Explain "Right to Bear Arms

2nd Amendment
A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed

What is the Second Amendment?

Right to Bear Arms

Define Bodily Injury

Physical pain, illness, or any impairment of physical condition.

Define Serious Bodily Injury

bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function or and bodily member or organ.

Define Substantial Bodily Harm

Bodily injury, not amounting to serious bodily injury that creates or causes protracted loss or impairment of any bodily member or organ

Three Types of Injury

Bodily Injury
Serious Bodily Injury
Substantial Bodily Harm

What is the code for Force in Defense of a Person

UCA 76-2-402

What is the code number for Force of Defense of Property

UCA 76-2-406

Force in Defense of Person (UCA 76-2-402)

A person is justified in threatening or using force against another person when and to the extent that the person reasonably believes that force or a threat of force is necessary to defend the person or a third person against another's imminent use of unl

What's the code number for Police Officers Use of Deadly Force

UCA 76-2-404

Peace Officer's Use of Deadly Force (UCA 76-2-404)

A peach officer, or any person acting by his command in his aid and assistance, is justified in using deadly force

What is the code for Defense in Habitation

UCA 76-2-405

Force in Defense of Habitation (UCA 76-2-405)

A person is justified iini using force against another when and to the extent that he reasonably believes that the force is necessary to prevent or terminate the others unlawful entry into or attack upon his habitation; however only intended for death or

Define Sympathy

Know what it is like, because you have been there yourself

Key components of Ethical and Moral Standards

integrity, honesty, values, standards, courage, civility

When calling dispatch, what method do you use?

the "to-from" method
State who you are calling, then identify yourself
"DCC-Bravo 6

What are the two circumstances in which an officer MUST make an arrest

Domestic Violence
Protective Order Violation

When would you want to get a written statement from a witness?

Reluctance
Key Witness
Witness will not be able to testify
The witness may change his/her mind once they're in court

Magistrate courts fall under what type of court structure

Federal Courts

How does Miranda relate tot he 6th Amendment

Right to an attorney

How does Miranda relate to the 5th Amendment

Right to remain silent -- as not to incriminate yourself

6 Essential Nutrients

1. Minerals
2. Proteins
3. Carbohydrates
4. Water
5. Fats
6. Vitamins

How many calories should you consume in a day?

2,000

BLANK is essential to life's process

Minerals

Type 2 Diabetes

The body's cells don't use insulin propertly

Type 1 Diabetes

Body does not produce enough insulin
Causes the body to raise the blood sugar levels
Cannot be cured

How many kinds of cholesterol are there and what do they mean?

1. HDL--Good Cholesterol
2. LDL--Bad Cholesterol

Positive effects of being in good physical condition when working in law enforcement

Professional appearance in uniform
Subject is less likely to challenge a fit officer
Improved job performance
Better control/strength when going hands on/cuffing

Components of balanced fitness

Physical Fitness
Muscular Strength
Cardiovascular Endurance
Aerobic Endurance
Muscular Endurance

What are the colors of Cooper Color Code

Black
Red
Orange
Yellow
White

What is the time frame for Homeostasis?

18-24 hours
Can be reduced with exercise

Symptoms of Parasympathetic nervous system

Dizziness (due to heart rate dropping)
Increased Bleeding
Symptoms of Shock (paleness, nausea, excessive sweating)

What is the parasympathetic nervous system?

Rest and recover
(rest and digest can happen with this as adrenaline seizes)

Define adrenaline

AKA epinephrin
A hormone and neurotransmitter
Increases heart rate, constricts blood vessels, dilates air passages and participates in the fight-or-flight response of the SNS

Sympathetic Nervous System (SNS)

Fight, Flight or Freeze
Rapid thinking
Increased capacity to make decisions
Good taste in humor; coping mechanism
Overall good physical feeling

When an officer is using their Parasympathetic Nervous System, they're.....

Off Duty

When an officer using their Sympathetic Nervous System, they're.....

On duty

Your autonomic nervous system is....

Divided into two systems
SNS--Sympathetic Nervous System
PNS--Parasympathetic Nervous System

What is the life expectancy for officers after retiring?

5.05 years

Officers lose how many years of their life in comparison to other civilians?

20 years

What percentage of officers who drink are alcoholics?

25%

Three career enders for Law Enforcement

Divorce
Substance Abuse
Suicide

Implications of an interview under the "Garrity" warning?

Protection of self incrimination in criminal matters
Compelled to answer and must answer truthfully
May be disciplined for lying under "garrity

Define Apathy

No moral values
Neither Sympathetic or Empathetic

What court would a civil dispute under $11K fall under?

Justice Court--Small Claims

When giving the description of a vehicle, what acronym do you use and what does it stand for?

C--Color
Y--Year
M--Make/Model
B--Body of vehicle
A--Any other identifying marks
L--License Plate
S--State

Administrative Burden of Proof

Clear and convincing evidence

Real/Physical Evidence Definition

Any material object used to demonstrate the truth
Example:Fingerprints, footprints

Explain Chain of Custody

Refers to the chronological documentation showing the seizure, custody, control, transfer, analysis and disposition of evidence; physical or electronic
Begins at the time of seizure and continues through completion of trial.

Define Testimonial

Oral or written testimony offered in court as proof of the truth

Define Evidence

Anything used to demonstrate the truth of assertion

Circumstantial definition

Based on common reasoning not on personal knowledge or observation
Example: Forensic evidence is almost always

What are the rules for admissibility of evidence into a court of law?

Evidence must be relevant
Evidence must be competent
Evidence must be legally obtained

Can evidence obtained by illegal means, and in bad faith, be introduced in a criminal trail?

No, as part of the exclusionary rule

Burden of proof in a civil case

preponderance of the evidence

Burden of proof in a criminal case

Beyond a reasonable doubt

In a crime, is an accomplice charged and if so, with what?

Yes, with the same level of offense as the primary offender

Define Accomplice

someone who solicits, aids or encourages in a crime

What is meant by "evidence must be competent

Evidence has to come from a trusted source

What needs to happen for evidence to be legally obtained

A Search Warrant
Exception to Search Warrant must be met

Define Judicial Notice

Situations where a fact is so well known or readily verifiable, formal proof is not necessary

Explain "evidence must be relevant

The evidence must pertain to that case being tried

Define demonstrative

Models, graphs, pictures, objects or other devices to clarify facts

Types of non-searches

Abandoned Property
Canine Sniff
Plain View/Plain Smell
Private Citizen Search
Inventory

What is the order of court proceedings

Initial Appearance
Bail Hearing
Preliminary Hearing
Trial
Sentencing
Appeal Process

Define Hearsay

A statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.

What type of statements are not considered Hearsay

Prior Statements
Admissions by defendant
Foundational Statements

When inadmissible hearsay may be used to establish probable cause

Things officer sees and hears at the scene
Testimony given at the scene, but not used in court
Testimony given to the officer by witness who is not available for court

What are the exceptions to privilege rule?

Ongoing abuse
Danger to society

Explain Hearsay privileges in Utah

Statements and conversations made under circumstances of assured confidentiality, which must not be disclosed in court
-Communication between husband and wife
-Attorney and Client
-Doctor/Therapist and Patient
-Religious confession

Exception to hearsay (Rule 804)

Declarant is unavailable;
Former testimony
Dying declarations
Statements against interest

Exception to Hearsay (Rule 803)

Availability of declarant immaterial;
Present Sense Impressions --initial reaction
Excited utterance
Statement for medical purposes
Recorded recollection
Records of regularly conducted activity
Public Records and reports (not police reports)
Reputation as

Explain Lay Witness

A non expert called to testify based on what they saw/witnessed/experienced. They have the personal knowledge.

Explain Expert Witness

Someone who has been deemed an expert in a certain area; has training and experience to prove lay witness. Specified field.

An affidavit needs to establish what to a judge or magistrate

Probable Cause

Statute of Limitations pauses when....

Defendant leaves the state

What is the point of Brady v. Maryland 373 U.S. 83 (1963)

Requires that all evidence be turned over to the suspect's defense for examination

What position of search provides with the most amount of control

Prone Searching

What are the differences between adults and juveniles regarding court records?

Juveniles
Possibility of expungement
No Bail
Civil
Usually no Jury unless tried as an adult
Closed Court Room
Adult
Very little expungement
Criminal
Bail
Jury
Public Forms

Define Empathy

The ability to metaphorically place yourself in someone elses shoes.

Three levels of victimization

1. Primary (victim)
2. Secondary (family/friends)
3. Tertiary (community/first responders)

The Burden of Proof rests on who in court proceedings

Prosecution

4 Elements of a crime

1. Elements of a Crime (Corpus Delecti)
2. Criminal Act (Actus Rea)
3. Criminal Intent (Mens Rea)
4. Concurrence (Timely relationship between act and intent)

The 4 Principles of Defensive Tactics

1.Distance
2.Awareness
3. Balance
4. Self Control

What are some Gang Characteristics?

Hand Signs
Graffi
Colors
Tattoos
Drawings
Drugs and weapons

Define Muscular Endurance

ability to repeat muscle movement for a long period of time

Define muscular strength

the amount of force a muscle can produce with a single maximum effort

Levels of Leadership

Executive
Upper Management
First Line Supervisors
Line

Universal Components of Leadership

� Credibility
� Modeling
� Inspiring
� Challenging
� Encouraging
� Enabling

Code for Assault

UCA 76-5-102

Define Assualt

Unlawful attempt to do bodily injury to another person

3 components of assault

An Attempt
A Threat
An Act

Assault is defines as

Class B Misdemeanor

Define Recklessness

Taking an unjustified and KNOWN risk

4 components of Mens Rea

Intentional
Knowingly
Recklessness
Criminal Negligence

When would assault be classified as a Class A misdemenor

1. A person causes substantial bodily injury
2. When the victim is pregnant and the person has knowledge of the pregnancy

Assault codes begin

UCA 76-5-10...

What is the difference between assault and aggravated assault?

Aggravated assault contains use of a dangerous weapon (anything that could cause serious bodily injury)

What crime is punishable only by a fine

Infractions

Components of successful followership

� Know job expectations
� Reporting/accountability
� Support organizational mission
� Support leaders
� Challenge the process
� Encourage peers

Explain Direct Evidence

Directly supports the truth of an assertion

Code for Domestic Violence

UCA 77-36.2.2

Explain Giglio vs. United States 405 U.S. 150 *1972)

The Supreme Court extended the obligation to share exculpatory evidence with the defendant to include information concerning the credibility of government witnesses

The public duty doctrine

Government entity cannot be held liable for the injuries of an individual resulting from a public officers or employers breach of duty owed to the public as a whole as distinguished from a duty owed to the particular individual

Time limit on statute of limitations on infractions

1 year

Vasoconstriction

Vascular flow is directed away from the extremities and can result in temporary loss or distortion of vision