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40 Cards in this Set
- Front
- Back
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18-5-102 Forgery |
CMS: Intent (to defraud) Requires a written instrument to be uttered (presented) |
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Penalties for fraud crimes are: |
Value driven |
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18-5-206 Defrauding a secured creditor |
CMS: Intent Elements: Defeating or rendering useless a security interest |
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CMS for all sex crimes: |
Knowingly |
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18-4-102 1st Degree Arson F3 |
CMS: Knowingly Elements: Burn a building or occupied structure. |
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18-4-103 2nd Degree Arson F4 M2 if damage less than $100 |
CMS: Knowingly Elements: Burn property of another. |
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18-4-104 3rd Degree Arson F4 |
CMS: Intent Elements: Intent to Defraud by means of fire or explosives. |
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18-4-105 4th Degree Arson F4 if person endangered M2 property $100+ M3 property less than $100 |
CMS: Reckless Elements: Endanger property or persons by fire or explosion. |
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T/F? Fire is always a deadly weapon? |
True. |
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18-4-202 First Degree Burglary F3 F2 if controlled substances |
CMS: Intent Elements: Knowingly enter or remain unlawfully intent to commit a crime - assaults or menaces, armed with explosives, use or threat of deadly weapon. |
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18-4-203 Second Degree Burglary F4 F3 if controlled substances |
CMS: Intent Elements: Knowingly breaks in or remains unlawfully with intent to commit crime against person or property. |
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18-4-204 Third Degree Burglary F5 F4 if controlled substances |
CMS: Intent Elements: Break into cash register, coin vending machine, depository box, etc with intent to commit crime. |
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18-4-205 Possession of Burglary Tools F5 |
CMS: Intent Elements: Possession of tool or instrument used to facilitate commission of offense involving forcible entry or theft. |
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18-6-201 Bigamy F6 |
CMS: Knowingly Elements: Married and marry another. |
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18-6-301 Incest F4 |
CMS: Knowingly Elements: Sex or sexual contact with a relative 21 years or older. Aggravated (18-6-302) - Age of victim less than 21. |
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18-6-401Child Abuse F2-M3 What is unique about shaken baby? |
CMS: All Elements: Easy to define when Bodily Injury or SBI is present. Otherwise difficult. Shaken baby will be handled according to conduct, rather than injury. |
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18-6-403 Sexual Exploitation of a Child F3-F5 |
CMS: Knowingly Elements: Less than 18 years, sexual conduct, fondling, nudity. |
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Define Sexually Exploitative Material (as related to sexual exploitation of a child). |
Anything that can be visually recorded or reproduced that shows a child engaged in explicit sexual conduct. |
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18-6-601 Harboring a Minor M2 |
CMS: Knowingly & Intent Elements: Provide shelter to minor without consent of parent/guardian. Intent is a failure to take action in general. |
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18-6-701 Contributing to the delinquency of a minor F4 |
CMS: Knowingly Elements: Encourages, induces, aids a person under 18 to violate any law. Dept of Ed Required |
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Define Domestic Violence |
Act or threatened act of violence against person who is involved in an intimate relationship. Also includes crime against person, property, or animal for the purposes of revenge, coercion, intimidation, against in an intimate relationship with. |
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Define Intimate Relationship |
Spouses, former spouses, past/present unmarried couples, parents of same child. |
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What is unique about Domestic Violence for peace officers? |
No discretion - MUST arrest or seek warrant. |
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At risk persons: |
At-risk adult: Disability At-risk elder: 70+ years of age At-risk juvenile: Under age 18 with disability |
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Define Probable Cause Related to Search and Seizure |
Facts and circumstances that would lead a reasonable person to believe the items to be searched for are reasonably likely to be found in the place to be searched. Rules of Particularity |
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Define Rules of Particularity |
What to be searched for and where. |
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Automobile exception: |
Inherent Mobility and Diminished Expectation of Privacy |
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Officer Safety Cases Require: |
Reasonable and Articulable Suspicion |
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Case Law Exceptions to 4th Amendment Requirements. |
Plain View, Consent, Exigent Circumstances, Search Incident to Arrest, Inventory |
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Search Incident to Arrest |
Reasonably Contemporaneous to Arrest, Inventory, Prevent Loss and Destruction of Evidence |
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Inventory |
Based on Property Law, Must Follow Department Written Policy |
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4 Things Required for Warrant |
1 - Probable Cause 2 - Rules of Particularity 3 - Supported by Oath or Affirmation 4 - Must be in Writing in Colorado |
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Search Warrant Affidavits |
- Thing to be searched - Property to be searched for - Probable Cause |
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16-3-301 Search Warrants What can be searched for? |
Stolen or Embezzled, Instrumentality or Evidence of Criminal Conduct, Contraband, Locate a Wanted Person |
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A Search Warrant Cannot Be: |
Anticipatory (Something not yet there...) Conslusionary |
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A Search Warrant Must be Executed Within |
14 Days from when Signed by Judge |
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Return and Inventory (Rule 41) |
Close out of Search Warrant. Description of Items Seized, Time and Date Served. Must be within a reasonable time. Should be done as soon as possible. |
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Arrest Warrant Must Also Include |
Rules of Particularity Person is at place. |
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Non-Testimonial Identification (Rule 41.1) |
Anything you Hold out to Public. Used only for identification. DNA, Body Fluids, Finger Prints, Voice, Walk, Stance, Photographs |
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Indicators of Arrest |
Guns, Moving Person Involuntary, Patrol Car, Handcuffing, Telling Suspect Under Arrest, Time Limit |
