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