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114 Cards in this Set
- Front
- Back
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What are the first ten amendments to the Constitution called?
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Bill of Rights |
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What does the third amendment cover?
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Quartering of Soldiers
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What is covered under the 7th Amendment?
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Jury Trial for federal civil cases
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What does the 1st Amendment Cover?
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Freedom of religion Freedom of speech Freedom of the press Freedom of assembly/association Freedom to petition the government |
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What is covered under the 4th Amendment?
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“unreasonable” searches and seizures are prohibited“probable cause” is necessary for a warrant to be valid, also, specific things or people must be designated to be searched or seized
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What does the 5th Amendment Cover?
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Right against self-incrimination Double Jeopardy Due Process Grand Juries |
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6th Amendment?
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Speedy trial Public trial Trial by impartial jury composed of members from the district in which the crime was allegedly committed Nature of accused crime Cause of the accused crime Right to confront witnesses Right to be represented by legal counsel Right to compel witnesses in his favor |
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8th Amendment?
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"Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”
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14th Amendment?
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Defines Citizenship Requires States to uphold rights and privileges to citizens Requires that States not deprive citizens of life, liberty or property without Due Process of law. Requires States to uphold “equal protection of the laws” Establishes a standard of disqualifying factors for office holders |
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9th Amendment?
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Rights not specifically mentioned in the Constitution belong to the people Infers that people had these rights before the Constitution The rights mentioned in the Constitution are not the only rights people possess |
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10th Amendment?
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States Rights Individual RightsPower starts with the people, with the Declaration of Independence, they delegated some power to the states, the states delegated some power to the Federal Government. Federal government only has the powers delegated to it in the Constitution, any powers not delegated in this way belong to the individual states or to the people |
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What was the name of the convention where the Constitution was written?
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Philadelphia Convention
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Who is considered the Father of the Constitution?
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Madison
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How many articles are in the Constitution?
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7
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What case established Judicial Review?
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Marbury v Madision
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What is the only amendment to ever be repealed?
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18th- Prohibition
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How old must you be to buy alcohol in El Paso County?
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21
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Contains over 3.2% alcohol by weight. (“Regular” Beer)
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Malt Liquor
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Contains .5% to 3.2 % alcohol by weight. (3.2 Beer)
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Fermented Malt Beverage
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Obtained by distillation, includes brandy, rum, whiskey, gin, etc.
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Spirituous Liquor
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Wines with .5 to 21% alcohol by volume.
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Vinous Liquors
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What hours can an establishment with a Tavern Liquor License remain open?
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7am to 2am
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What percentage of a Hotel/Restaurant's License Holder's income must come from food?
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25%
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What day to liquor stores have to close each year?
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Christmas Day
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What sets of laws cover El Paso County Liquor License holders?
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Criminal Code, Liquor Code, and Rules and Regulations.
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First Responsibility of a Peace Officer
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1) Preserve Life 2) Arrest Suspect 3) Protect Scene |
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Pedestrian Contacts are governed by what amendment?
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Governed by 4th Amendment
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4 Levels of Contact
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1) Consensual Contact 2) Reasonable Suspicion (Terry -v- Ohio) 3) Probable Cause 4) Beyond a Reasonable Doubt |
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Define Reasonable Suspicion
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Reasonable belief that a person is, has, or is about to commit a crime
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What are some Reasonable Suspicion Factors?
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1) Time of Day 2) Area (high crime, etc) 3) Actions of the person (Furtive Movements) 4) Appearance of Person 5) Deputy Knowledge 6) Not a complete list |
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Rule of thumb for length of Terry Stop?
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20 minutes
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What can you ask for on a Terry Stop?
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Name DOB Address Explanation of Actions |
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What is Probable Cause?
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The reasonable belief that a crime has been committed by this person.
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What are the SWAT Priority of Life?
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Hostages Innocent ByStanders P.O.'s Tactical Officers Suspect |
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What does the term Mens Reus mean?
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State of mind
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What does the term Actus Reus mean?
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Guilty Act
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What are the parts of communication?
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Content Voice Other Non-verbals |
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What are some mediation skills?
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Empathy Context Options Contact Control |
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Tactical Language
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Listen Empathize Ask Questions Paraphrase Summarize |
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Steps for verbal communications
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Ask Explain Options Confirm Act |
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Questions for Ethical Decision Making
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1) Will actions violate rights/good will of others 2) What is my motivation or spirit behind actions 3) Will it add or detract from my/the office's reputation |
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Type of Critical Incident Suspect/responces
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Instrumental- Wants something, Negotiate Expressive - Crisis Intervention, Wants to be heard, Listen High Risk- Tactical Options (active shooter) |
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What is the purpose of outer perimeter in a critical incident? |
Prevent unauthorized from entering area
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Define Objective Reasonableness
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Would another deputy with similar training and experience when faced with the same or similar circumstances act in the same way or use similar judgement
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What are the three fights?
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You vs You You vs Suspect You vs System |
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Define Use of Force
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The use of manual and/or mechanical (including deadly and non-deadly weapons) means to compel compliance with a lawful order, overcome resistance, self-defense, or to protect another deputy or citizen. It includes the discharge of a firearm, intentionally pointing a firearm at a human being, use of chemical spray, chokeholds, pressure point techniques, hard hands, kicks, knee strikes, handcuffing under resistance, restraint chair, taking a subject to the ground, or the deployment of canines and equines. It does not include escorting or handcuffing a person with no resistance.
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Define Serious Bodily Injury |
injury that, either at the time of the actual injury or at a later time, involves a substantial risk of death, a substantial risk of serious permanent disfigurement, a substantial risk of protracted loss or impairment of the function of any part or organ of the body, or breaks, fractures, or burns of the second or third degree. |
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Define Bodily Injury
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Bodily injury means physical pain, illness, or any impairment of physical or mental condition.
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What are your duties when you see someone using excessive force?
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1) Intercede when in a position to do so 2) Report incident to a supervisor 3) Submit a written report containing date/time, place, identities, description of partys and events, within 10 days |
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What standard does EPSO use for use of force incidents whether citizen contacts, non-adjudicated parties, or convicted parties?
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Objective Reasonableness
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Define Deadly Physical Force
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Force, the intended, natural, and probable consequence of which is to produce death, and which does, in fact, produce death.
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What are the 5 hard steps for verbal communication?
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Ask Explain Options Confirm Act |
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What day are liquor stores closed on?
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Christmas Day
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What percentage of sales must be food for a Hotel Restaurant License?
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25%
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What Laws cover El Paso County Liquor licensee?
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Criminal Code, Liquor Code, Rules and Regulations
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What hours can a Tavern License operate?
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7am to 2am
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Which license allows alcohol to be served from 0700 to 0200 hours and must have light snacks and sandwiches on hand for sale:
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b. Tavern License
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Which license does not allow the sale of 3.2% beer from midnight to 0500
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c. 3.2% Beer license
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Which license must have full meals whenever open between 0800 and 2000 hours then light snacks afterwards
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Hotel/Restaurant license
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Which license allows a business to be open between 0800 and midnight, 7 days a week, except Christmas
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Retail license
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5. You can be 18 and serve alcohol as long as you are supervised by someone 21 plus years and the business regularly serves meals:
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Tavern license
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6. You must be 21 years or older to work at an establishment that has a
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Retail License
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Fermented Malt Beverage
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Contains .5% to 3.2 % alcohol by weight. (3.2 Beer)
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Malt Liquor
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Contains over 3.2% alcohol by weight. (“Regular” Beer)
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Spirituous Liquor
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Obtained by distillation, includes brandy, rum, whiskey, gin, etc.
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Vinous Liquors
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Wines with .5 to 21% alcohol by volume.
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18-2-101. Criminal attempt
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The offendertook a substantial step toward the commission of the crime intending to complete the crime Substantial step: an overt act beyond mere preparation to commit the crime. |
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18-2-201. Conspiracy
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The offender agreed with one or more personsto accomplish an unlawful purpose which amounts to a crime Must involve an overt act by him or one he conspired with |
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18-2-301. Criminal solicitation
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The offender commands, induces, entreats, or otherwise attemptsto persuade another person, or offered the offender’s or another’s services to a third personto commit a felonyunder circumstances strongly reflecting that the offender intended to commit the crime
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18-3-101. Homicide
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“Homicide" means the killing of a person by another. "Person", when referring to the victim of a homicide, means a human being who had been born and was alive at the time of the homicidal act. |
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18-3-102. Murder in the first degree
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After deliberation and with the intent to cause the death of a person other than himself, he causes the death of that person or of another person… After deliberation means more than intent. Committed after reflection or thought, not on impulse. |
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18-3-103. Murder in the second degree
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A person commits the crime of murder in the second degree if the person knowingly causes the death of a person.
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18-3-104. Manslaughter
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Recklessly causes the death of another person; or such person intentionally causes or aids another person to commit suicide
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18-3-105. Criminally negligent homicide
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Any person who causes the death of another person by conduct amounting to criminal negligence commits criminally negligent homicide which is a class 5 felony.
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18-3-106. Vehicular homicide.
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If a person operates or drives a motor vehicle in a reckless manner, and such conduct is the proximate cause of the death of another, such person commits vehicular homicide.
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18-3-107. First degree murder of a peace officer or firefighter
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A person who commits murder in the first degree, as defined in section 18-3-102, and the victim is a peace officer or firefighter engaged in the performance of his or her duties, commits the felony crime of first degree murder of a peace officer or firefighter.
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18-3-202. Assault in the first degree. |
(a) With intent to cause serious bodily injury to another person, he causes serious bodily injury to any person by means of a deadly weapon; or (b) With intent to disfigure another person seriously and permanently, or to destroy, amputate, or disable permanently a member or organ of his body, he causes such an injury to any person; or (c) Under circumstances manifesting extreme indifference to the value of human life, he knowingly engages in conduct which creates a grave risk of death to another person, and thereby causes serious bodily injury to any person; or (e) With intent to cause serious bodily injury upon the person of a peace officer or firefighter, he or she threatens with a deadly weapon a peace officer or firefighter engaged in the performance of his or her duties, and the offender knows or reasonably should know that the victim is a peace officer or firefighter acting in the performance of his or her duties; or |
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8-3-203. Assault in the second degree. |
(b) With intent to cause bodily injury to another person, he or she causes such injury to any person by means of a deadly weapon; or (c) With intent to prevent one whom he or she knows, or should know, to be a peace officer or firefighter from performing a lawful duty, he or she intentionally causes bodily injury to any person; or (d) He recklessly causes serious bodily injury to another person by means of a deadly weapon; or(e) For a purpose other than lawful medical or therapeutic treatment, he intentionally causes stupor, unconsciousness, or other physical or mental impairment or injury to another person by administering to him, without his consent, a drug, substance, or preparation capable of producing the intended harm; or
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18-3-204. Assault in the third degree. |
A person commits the crime of assault in the third degree if the person knowingly or recklessly causes bodily injury to another person or with criminal negligence the person causes bodily injury to another person by means of a deadly weapon. |
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18-3-205. Vehicular assault.
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(1) (a) If a person operates or drives a motor vehicle in a reckless manner, and this conduct is the proximate cause of serious bodily injury to another, such person commits vehicular assault. (b) (I) If a person operates or drives a motor vehicle while under the influence of alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, and this conduct is the proximate cause of a serious bodily injury to another, such person commits vehicular assault. This is a strict liability crime. |
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18-3-206. Menacing
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(1) A person commits the crime of menacing if, by any threat or physical action, he or she knowingly places or attempts to place another person in fear of imminent serious bodily injury. Menacing is a class 3 misdemeanor, but, it is a class 5 felony if committed:(a) By the use of a deadly weapon or any article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon; or(b) By the person representing verbally or otherwise that he or she is armed with a deadly weapon.
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"Intentionally" or "with intent". |
A person acts "intentionally" or "with intent" when his conscious objective is to cause the specific result proscribed by the statute defining the offense. It is immaterial to the issue of specific intent whether or not the result actually occurred. |
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"Knowingly" or "willfully". |
he is aware that his conduct is practically certain to cause the result. |
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"Recklessly" |
consciously disregards a substantial and unjustifiable risk that a result will occur or that a circumstance exists. |
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What does the acronym LEAPS mean?
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Listen Empathize Ask Questions Paraphrase Summarize |
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3 Considerations in Graham v Conner
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severity of crime, immediate threat, actively resisting arrest or attempting to escape
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Use of force incidents are often
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Tense, uncertain and rapidly evolving
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Priority of Life
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Hostages Innocent Bystanders Police Officers Tactical Officers Suspect |
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Active Shooter
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Suspect (s) activity is immediately causing death and serious bodily injury. The activity is not contained and there is immediate risk of death or serious injury to potential victims (not always a gun).
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Barricaded Person
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Suspect is in a position of advantage, usually barricaded in a room or building Suspect is likely armed and may have displayed / threatened violence (suicidal vs. criminal) May or may not be holding a hostage (s) There is no indication that the suspect(s) activity is immediately causing death or serious bodily injury. The event is not dynamic but rather static |
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First concept in LEO conflict management
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Officer safety
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Suspending Judgement while listening
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Not allowing your attitudes/Values to shut them off
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3 arts in Verbal Communication
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Translation, Mediation, Representation
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When would you employ tactical communications? |
Danger zone violated, others in jeopardy, verbal non compliance |
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Responding accurately to an irate person |
Diffuses their hostility |
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Purpose of tactical communications |
Redirect behavior, diffuse difficult situations, generate voluntary compliance |
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Goals of tactical communications |
Safety, professionalism, reduce liability |
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Tactical com. Reduces liability because... |
It lessens the need for an officer to take physical action |
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Compliance usually comes... |
After options are presented to a subject. |
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Explain the Tennessee vs Gardner decision |
1985 case Established the reasonableness rule under the Fourth Amendment deadly force
Blanket fleeing felon laws are unconstitutional and unreasonable
A warning must be given before using deadly force when reasonable
Probable cause based |
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Explain the Graham v Connor case 1989 |
Establish the objective reasonableness standard
Not the best or the least only reasonable
Each use of force is dependent on the totality of the circumstances
The three prong test involves the severity severity of the crime, immediate threat to the officer or others, actively resisting or attempting to evade by flight
decisions are made intense uncertain and rapidly evolving circumstances
Not judged by 2020 hindsight
Based on objective facts specific to the use of force incident |
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Explain the Scott v Harris case 2007 |
it's reasonable to stop with risk of injury to protect the public
The standard is the same objective reasonableness whether deadly or non deadly force
This case had dash cam video |
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Explain the Kingsley vs Hendrickson case 2015 |
Applies the objective reasonableness is standard to pretrial detainees There must be a relationship between the need and the amount of force used Extent of the injury inflicted can be considered What deescalation techniques were used Severity of security problems at issue The threat reasonably perceived by the officer Whether subject was actively resisting The courts must consider government interest such as order and discipline |
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What is officer created jeopardy |
when Officer conduct contributed to the need for force |
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When may you use reasonable and necessary force |
To maintain order and discipline in a detention / Correctional Institution To effect an arrest In defense of self or others To take someone into protective custody |
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Deadly force past present and future |
Past, defendant has committed a crime with use of deadly
Present, there's a threat of serious bodily injury or death
Future, attempting to escape with an imminent threat |
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Three types of deescalation |
Verbal, tactical and physical |
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Another three prong test determine if force is reasonable |
Ability, opportunity, jeopardy |
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True or false exhibiting a weapon is a use of force |
True |
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true or false you must provide medical aid after use of force |
True |
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Aguilar Spinelli test |
Reliability of the informant Basis of knowledge Cooberation |
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What's the exclusionary rule |
Improperly seized evidence in violation of the Constitution may be excluded from the trial |
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What is reasonably articulable suspicion |
specific and articulable facts", "taken together with rational inferences from those facts that would cause an officer to reasonably suspect a person has been, is, or is about to be engaged in criminal activity |
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What is probable cause |
sufficient reason based upon known facts to believe a crime has been committed by a particular person |
