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147 Cards in this Set
- Front
- Back
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With intent to cause serious bodily injury to another person, he causes serious body injury to any person by means of a deadly weapon.
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1st Degree Assault
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One knowingly or recklessly starts or maintains a fire or causes an explosion, on his own property or that of another, and by so doing places another in danger of death or serious bodily injury or places any building or occupied structure of another in danger.
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4th Degree Arson
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A person knowingly breaks an entrance into, enters unlawfully in, or remains unlawfully after a lawful or unlawful entry in a building or occupied structure with intent to commit therein a crime against another person or property.
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2nd Degree Burglary
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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 injury to any person
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1st Degree Assault
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Knowingly sets fire to, burns, causes to be burned, or by use of any explosive damages or destroys, or causes to be damaged or destroyed, any property of another without his consent, other than a building or occupied structure.
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2nd Degree Arson
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Knowingly enters unlawfully, or remains unlawfully after a lawful or unlawful entry, in a building or occupied structure with intent to commit therein a crime, other than trespass, against another person or property, and if in effecting entry or while in the building or occupied structure or in immediate flight therefrom, the person or another participant in the crime assaults or menaces any person, is armed with explosives, uses a deadly weapon or possesses and threatens the use of a deadly weapon.
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1st Degree Burglary
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Knowingly sets fire to, burns, causes to be burned, or by the use of any explosives damages or destroys, or causes to be damaged or destroyed, any building or occupied structure of another without his consent
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1st Degree Arson
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By means of fire or explosives, intentionally damages any property with intent to defraud.
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3rd Degree Arson
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Knowingly breaks an entrance into, enters unlawfully in, or remains unlawfully after a lawful or unlawful entry in a building or occupied structure with intent to commit therein a crime against another person or property
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2nd Degree Burglary
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with intent to commit a crime he enters or breaks into any vault, safe, cash register, coin vending machine, product dispenser, money depository, safety deposit box, coin telephone, coin box, or other apparatus or equipment whether or not coin operated
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3rd Degree Burglary
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With intent to cause serious bodily injury upon the person of a peace officer, firefighter, or emergency medical service provider, he or she threatens with a deadly weapon a peace officer, firefighter, or emergency medical service provider engaged in the performance of his or her duties, and the offender knows or reasonably should know that the victim is a peace officer, firefighter, or emergency medical service provider acting in the performance of his or her duties;
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1st degree Assault
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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
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1st Degree Assault
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With intent to prevent one whom he or she knows, or should know, to be a peace officer, firefighter, emergency medical care provider, or emergency medical service provider from performing a lawful duty, he or she intentionally causes bodily injury to any person
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2nd Degree Assault
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recklessly causes serious bodily injury to another person by means of a deadly weapon
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2nd Degree Assault
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While lawfully confined in a detention facility within this state, a person with intent to infect, injure, harm, harass, annoy, threaten, or alarm a person in a detention facility whom the actor knows or reasonably should know to be an employee of a detention facility, causes such employee to come into contact with blood, seminal fluid, urine, feces, saliva, mucus, vomit, or any toxic, caustic, or hazardous material by any means, including but not limited to throwing, tossing, or expelling such fluid or material
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2nd Degree Assault
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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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3rd Degree Assault
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with intent to harass, annoy, threaten, or alarm another person whom the actor knows or reasonably should know to be a peace officer, a firefighter, an emergency medical care provider, or an emergency medical service provider, causes the other person to come into contact with blood, seminal fluid, urine, feces, saliva, mucus, vomit, or toxic, caustic, or hazardous material by any means, including throwing, tossing, or expelling the fluid or material
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3rd Degree Assault
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lawfully confined or in custody, he or she knowingly and violently applies physical force against the person of a peace officer, firefighter, or emergency medical service provider engaged in the performance of his or her duties, or a judge of a court of competent jurisdiction, or an officer of said court
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2nd degree assault
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intent to cause bodily injury to another person, he or she causes such injury to any person by means of a deadly weapon
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2nd degree assault
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person operates or drives a motor vehicle in a reckless manner, and this conduct is the proximate cause of serious bodily injury to another
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vehicular assault
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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
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vehicular assault, strict liability
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knowingly takes anything of value from the person or presence of another by the use of force, threats, or intimidation
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Robbery
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during the act of robbery or immediate flight therefrom:(a) He is armed with a deadly weapon with intent, if resisted, to kill, maim, or wound the person robbed or any other person
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Aggravated Robbery
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knowingly wounds or strikes the person robbed or any other person with a deadly weapon or by the use of force, threats, or intimidation with a deadly weapon knowingly puts the person robbed or any other person in reasonable fear of death or bodily injury;
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Aggravated Robbery
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possesses any article used or fashioned in a manner to lead any person who is present reasonably to believe it to be a deadly weapon or represents verbally or otherwise that he is then and there so armed
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Aggravated Robbery
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He has present a confederate, aiding or abetting the perpetration of the robbery, armed with a deadly weapon, with the intent, either on the part of the defendant or confederate, if resistance is offered, to kill, maim, or wound the person robbed or any other person, or by the use of force, threats, or intimidation puts the person robbed or any other person in reasonable fear of death or bodily injury
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Aggravated Robbery
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knowingly and unlawfully enters or remains in a dwelling of another or if such person enters any motor vehicle with intent to commit a crime therein
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1st degree Criminal Trespass
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Unlawfully enters or remains in or upon the premises of another which are enclosed in a manner designed to exclude intruders or are fenced; or(b) Knowingly and unlawfully enters or remains in or upon the common areas of a hotel, motel, condominium, or apartment building; or(c) Knowingly and unlawfully enters or remains in a motor vehicle of another
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2nd Degree Criminal Trespass
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unlawfully enters or remains in or upon premises of another.
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3rd Degree Criminal Trespass
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How long can you be held for mental health evaluation? |
72 Hours |
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When can Law Enforcement intervene with metal health? |
When its a Danger to Self and Others, and when it has been Court Ordered. |
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Who can send mental health into custody? |
Anyone with a Professional License, Not clergy! |
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Who may be a person with special needs? |
When they are danger to self or others. They have destructive behavior.Or have a type of mental illness. |
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How long do you have to hold in a Correctional Facility? |
24 Hours |
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What can cause Mental Illnesses? |
They can be Congenital, Traumatic, with Age. |
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What C.R.S deals with Mental Illness and Special Needs? |
C.R.S. 27 |
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When does Law Enforcement Intervene |
Statutory, Procedural, and Moral |
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Risk Evaluation a Mental Illness? |
Risk to Self, Risk to Public, Risk to Officer. |
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When is LE released from Responsibility? |
When Custody is given to a responsible party or institution. |
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With Intent to make concession or give up anything of value for a release of person. |
1st Degree Kidnapping |
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Knowingly seizes or carries any person from one place to another. |
2nd Degree Kidnapping |
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Which agency has the responsibility to notify a victim of a change of status of an incarcerated defendant? |
–District Attorney’s Office |
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Which of the following offenses does not fall under the Crime Victims’ Rights Legislation? |
Motor vehicle theft |
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Why was the Crime Victims’ Rights legislation written? |
In an attempt to give victims more rights |
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If a victim or designee’s rights are violated according to the Crime Victims’ Rights Legislation, what action can be taken to ensure their rights? |
–Call local law enforcement and report a violation. |
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What must happen before the District Attorney’s Office can stop giving notice to the victim of all crucial events regarding the victim’s case? |
–The victim gives notice to the DA’s office that they do not want any further notification. |
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To which type of victim does the Crime Victims’ Rights legislation not apply? |
–Deceased victim. |
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Victims have the right to be informed by local law enforcement prior to the filing of charges with the court, or? |
–By the District Attorney after the filing of charges with the court. |
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Which of the following facilities does not have to notify the victim of the incarcerated defendant’s status? |
Local Hospital. |
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When can the victim’s property still be retained after disposition of the victim’s case? |
–The property is contraband or is subject to forfeiture proceedings. |
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Any person who is designated by the victim or appointed by the court to act in the best interests of the victim is? |
–Lawful representative. |
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Purpose of Defense |
Mitigate Or eliminate punishment |
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What cases are held in County court |
Misdemeanors |
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What cases are held in District Court |
Felonies |
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What is the difference between evidence and proof |
Evidences is individual items Proof is the sum total of the evidence |
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What are the burdens of proof |
Beyond A Reasonable Doubt Clear and convincing Preponderance of the evidence Probable cause |
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What are the two types of evidence |
Direct-proves a fact circumstantial- could be interpreted differently |
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What is demonstrative evidence |
Maps, photos, models, diagrams |
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What is hearsay |
A statement made outside of court to prove the truth |
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What are the exceptions of hearsay? |
Spontaneous statements Admissions and confessions of the defendant excited utterances statements for purposes of medical diagnosis or treatment business records and records of other regularly conducted activities |
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What is a spontaneous statement |
A statement made while describing or explaining any event or condition made while declarant was perceiving event or condition |
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What is an excited utterance |
A statement made under the stress of excitement |
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What do you need to get a warrant (rule 4)? |
Felony complaint must include sworn statement of facts establishing PC Class 1 2 and 3 felonies must be done by PC affidavit All others via summons |
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What is rule 41.1? |
Special search warrants non testimonial ID interrogation during collection of evidence 14 days at reasonable hours |
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What Federal Circuit are we in? |
10th |
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What Colorado District are we in? |
4th |
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Primary Purpose of Civil Law |
Restorative (Restitution) |
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Primary Purpose of Criminal Law |
Punishment |
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What Amendment binds the states to obey the bill of rights? |
14th |
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What fundamental right is protected by the 4th Amendment: |
REASONABLE EXPECTATION OF PRIVACY” |
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Twofold analysis of for Reasonable Expectation of Privacy |
(1) whether a person has an actual subjective expectation of privacy; and (2) whether that expectation is one that society would consider objectively reasonable. |
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Felon on Probation Lesser Expectation of Privacy |
A felon on probation has a “lesser expectation” of privacy such that a probation officer may search a probationer’s home without a warrant if the officer had a “reasonable suspicion” that the probationer violated a condition of his probation and that evidence of that violation may be found there. |
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Expectation of Privacy Garbage on Curb? |
A defendant has no reasonable expectation of privacy in his garbage he delivers to the garbage collector even if he keeps it in his locked garage until the moment the collector gets there. |
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What does the Constitution protect a citizen from? |
Government Action |
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What is standing? |
You can't challenge a search of somebody else's stuff |
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If there's no expectation of privacy or no state action, there is...... |
No search |
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what is the standard to get a search warrant issued? |
Probable Cause exists when the affidavit in support of the warrant alleges sufficient facts to cause a person of reasonable caution to believe contraband or other evidence of criminal activity is located at the place to be searched….” |
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Your search warrant must contain what? |
WHO: Identify & describe as closely as possible the premises, person, place or thing to be searched WHAT: Id & describe the property to be searched for, seized or inspected WHY: Establish the grounds for issuance of the warrant or probable cause to believe that such grounds exist Establish PC to believe that the property to be searched for, seized or inspected is located at, in or upon the premises, place, person or thing to be searched |
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Generally, how long do you have to execute a search warrant? |
14 days |
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Following the execution of the Warrant the officer must... |
complete and file a return to the court identifying all of the items seized and held as well as items seized and returned. |
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The Aguilar-Spinelli test… |
Totality of the circumstances focusing on a. Reliability of the informant b. Basis of knowledge c. (Corroboration is important) |
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THE FELLOW OFFICER RULE: |
an officer may use information from other officers. An arrest or search is constitutional if the police, as a whole, possess sufficient information to constitute probable cause. |
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EXCLUSIONARY RULE |
EVIDENCE IMPROPERLY SEIZED IN VIOLATON OF THE CONSTITUTION MAY BE DECLARED “EXCLUDED” FROM TRIAL. |
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FRUIT OF THE POISONOUS TREE” |
we lose our evidence--- and any evidence that is “fruit” of our violative conduct |
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GOOD FAITH EXCEPTION |
Was it objectively reasonable for the officer to rely on the warrant? If so, the evidence will not be suppressed (whew!) |
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KNOCK AND ANNOUNCE” RULE: |
ABSENT EXIGENCY OR COURT ORDER, POLICE IN POSSESSION OF A WARRANT MUST “KNOCK AND ANNOUNCE” THEIR PRESENCE BEFORE FORCING ENTRY. |
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WHO CAN EXECUTE? |
A warrant shall be directed to any officer authorized by law to execute in the county wherein the property is located….” |
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NO-KNOCK WARRANTS |
JUSTIFIED WHERE AN ANNOUNCED ENTRY WARRANT WOULD GIVE RISE TO A THREAT OF PHYSICAL VIOLENCE OR DESTRUCTION OF EVIDENCE…… |
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THREE BASIC TYPES OF POLICE-CITIZEN ENCOUNTERS |
1) CONSENSUAL CONTACT2) INVESTIGATIVE DETENTION3) ARREST |
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CONSENSUAL CONTACT |
THIS IS THE VOLUNTARY COOPERATION OF AN INDIVIDUAL WITH NON-COERCIVE QUESTIONING BY AN OFFICER; THE INDIVIDUAL IS FREE TO LEAVE AT ANY TIME… |
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16-3-103 STOPPING OF SUSPECT |
PEACE OFFICER MAY STOP ANY PERSON WHOM HE REASONABLY SUSPECTS IS COMMITTING, HAS COMMITTED, OR IS ABOUT TO COMMIT A CRIME, AND MAY REQUIRE HIM TO GIVE HIS NAME AND ADDRESS, IDENTIFICATION IF AVAILABLE, AND AN EXPLANATION OF HIS ACTIONS . . . . WHEN A PEACE OFFICER HAS STOPPED A PERSON FOR QUESTIONING PURSUANT TO THIS SECTION AND REASONABLY SUSPECTS THAT HIS PERSONAL SAFETY REQUIRES IT, HE MAY CONDUCT A PAT-DOWN SEARCH OF THAT PERSON FOR WEAPONS |
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BURDENS OF PROOF |
REASONABLE AND ARTICULABLE SUSPICION PROBABLE CAUSE PREPONDERANCE OF THE EVIDENCE CLEAR AND CONVINCING BEYOND A REASONABLE DOUBT |
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PERMISSIBLE LENGTH OF DETENTION |
MUST BE BRIEF AND CURSORY OR IT BECOMES AN ARREST AND MUST BE SUPPORTED BY PROBABLE CAUSE ACTUAL LENGTH OF TIME ALLOWED DEPENDS ON CIRCUMSTANCES OF THE CASE |
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Plain View doctrine now includes: |
Plain Smell, Plan Touch , Plain Sound |
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THREE SITUATIONS WHERE A PEACE OFFICER MAY ARREST A PERSON: |
WHEN THE OFFICER HAS A WARRANT WHEN A CRIME IS COMMITTED IN THE OFFICER’S PRESENCE THE OFFICER HAS PROBABLE CAUSE TO BELIEVE AN OFFENSE WAS COMMITTED BY THE PERSON TO BE ARRESTED |
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PROBABLE CAUSE TO ARREST EXISTS WHEN: |
THE FACTS AND CIRCUMSTANCES WITHIN THE OFFICER’S KNOWLEDGE ARE SUFFICIENT TO WARRANT A PERSON OF REASONABLE CAUTION TO BELIEVE AN OFFENSE HAS BEEN OR IS BEING COMMITTED. |
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“TOTALITY OF THE CIRCUMSTANCES” TEST |
UNDER THIS TEST USED BY THE COURTS, P.C. IS THE SUM TOTAL OF LAYERS OF INFORMATION, THE SYNTHESIS OF WHAT POLICE HAVE HEARD, WHAT THEY KNOW, AND WHAT THEY HAVE OBSERVED AS TRAINED OFFICERS. |
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POLICE OFFICERS MAY ENTER A SUSPECT’S HOME TO MAKE AN ARREST WHEN... |
THEY HAVE A WARRANT AND WHEN THEY HAVE REASON TO BELIEVE THE SUSPECT IS WITHIN.” |
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Types of SEARCHES OF PEOPLE– |
CONSENT OFFICER SAFETY INCIDENT TO ARREST INVENTORY SEARCH STRIP SEARCHES |
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REQUIREMENTS FOR A VALID CONSENT TO SEARCH |
1. VOLUNTARILY GIVEN: Factors include, the consenting person’s age, education, intelligence, state of mind; The circumstances of the search as well as the length, duration, and scope of the search 2. BY ONE LAWFULLY ABLE TO GIVE CONSENT: Either the person who’s property is to be searched or a 3rd party who has common authority over the property |
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Before asking individuals consent to a search, you must advise them of the following: |
that they are being asked to voluntarily consent to the search;That they have the right to refuse the request to search. |
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SCOPE OF CONSENT SEARCH OF PERSON |
The consenting party has total control over the scope of the search If only gives consent to search her pockets then cannot go into her purse or backpack.Ask to search in the broadest terms possible (“Do you mind if we look inside your luggage for the dog”?) |
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Limits on Strip Searches |
Applies to any removal or arrangement of some or all of arrestee’s clothing to permit visual inspection of genitals, buttocks, anus, or female breasts.Must be performed by person of same sex Must be out of view of other persons not performing the search No Touchy. Ever. |
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Body Cavity Searches |
The extreme form of strip search– physical intrusion into the body cavity.Same standards as strip search plus the body cavity search (other than the mouth) must be performed by a licensed physician or nurse.Don’t ever, ever ever do this on your own |
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CURTILAGE |
In General curtilage is not protected from observations that are Lawfully made from outside the space of ground and buildings immediately surrounding a dwelling/house or a small piece of land, not necessarily enclosed around the dwelling/house. |
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Consent Searches of Places and Things Standard |
clear and convincing evidence that the consent was voluntarily given. |
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SEARCH OF PREMESIS INCIDENT TO ARREST and PROTECTIVE SWEEP |
A “protective sweep” is a quick and limited search of a premises incident to arrest conducted to protect the safety of police officers and others.It is narrowly confined to a cursory visual inspection of those places in which a person might be hiding…WHERE THERE IS REASONABLE SUSPICION…. |
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Warrantless entry appropriate in limited circumstances for exigency: |
“Hot pursuit”Risk of flight of suspect Risk of destruction of critical evidence Endangerment of officers, residents or community (“emergency aid” exception |
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Automobile Exception |
If a vehicle is mobile and police have probable cause to believe that it contains evidence of a crime or contraband, police may conduct a warrantless search Can search containers and even the trunk The search is not defined by container, but by the object of the search |
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a dog sniff of the exterior of a car... |
that occurs during a lawful traffic stop that reveals no other information other than the location of a substance no one has any right to possess does not implicate the 4th Amendment |
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18-2-101 Criminal Attempt |
The offender took 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 |
The offender agreed with one or more persons to 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 |
The offender commands, induces, entreats, or otherwise attempts to persuade another person, or offered the offender’s or another’s services to a third person to commit a felony under circumstances strongly reflecting that the offender intended to commit the crime |
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Homicide 18-3-101 |
Definition: The killing of one person by another. |
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18-3-102 Murder in the 1st Degree |
This crime normally involves the killing of another after deliberation or during the course of certain serious offenses. |
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Deliberation – 18-3-102(1)(a) |
The Offender intentionally caused the death of another person after “Deliberation” After deliberation means more than intent. Committed after reflection or thought, not on impulse. |
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Murder in the 1st Degree (cont.) BRAKES |
The offender while committing or attempting to commit Arson, robbery, burglary, kidnapping, sexual assault, or escape During the course of the crime or immediate flight there of Caused the death of another, other than one of the participants. |
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Murder in the 1st Degree (cont.) Perjury |
The offender caused the conviction and execution of an innocent person Because the offender perjured him/herself or suborned (got another to commit perjury) |
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Murder in the 1st Degree (cont.) Narcotics |
The Offender knowingly distributed/dispensed/sold a controlled substance to a person under 18upon or within 1000 ft. of a public or private elementary/vocational/junior/high school and the death of such person was caused by the use of the controlled substance |
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Murder in the 1st Degree (cont.) Indifference to life |
The offender under circumstances evidencing an attitude of universal malice knowingly engaged in conduct which created a grave risk of death to persons other than himself and thereby caused the death of another |
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Murder in the 1st Degree (cont.) Person in Position of Trust |
The offender knowingly caused the death of a person under the age of 12, and the offender was one in a position of trust with respect to the victim. |
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18-3-103 Murder in the 2nd Degree |
The Offender knowingly caused the death of another |
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Murder in the 2nd Degree (cont.) “Heat of Passion” |
The Offender knowingly caused the death of another person under circumstances where the act causing death was performed under a sudden heat of passion and was Caused by a serious and highly provoking act of the intended victim which affected the offender sufficiently to excite an irresistible passion in a reasonable person, and there was no interval between the provocation and killing sufficient for the voice of reason and humanity to be heard |
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18-3-104 Manslaughter Recklessly - |
The offender - recklessly - caused the death of another OR Suicide - The offender - intentionally - caused or aided - another person to commit suicide |
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18-3-105 Criminally Negligent Homicide |
The offender killed another person by conduct amounting to criminal negligence |
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18-3-106 Vehicular Homicide |
The offender operated a motor vehicle [in a reckless manner] or [while under the influence of alcohol/ one or more drugs/ combination of both alcohol and one or more drugs and such conduct is the proximate cause of the death of another person Strict Liability Crime |
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First Degree Murder of a peace officer, firefighter or emergency medical service provider(EMS) |
The offender committed First Degree Murder (in any of the above specified ways)of a peace officer/firefighter/emergency medical service provider who was engaged or acting in, or was present for the purpose of engaging or acting in, the performance of any duty/service/function imposed, authorized, required or permitted by law to be performed by a peace officer/firefighter(Whether or not the peace officer/firefighter/ EMS was within the territorial limits of his jurisdiction)and the peace officer/firefighter/EMS was in uniform OR the person committing the assault knew or reasonably should have known that the victim was a peace officer/firefighter/EMS |
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In regards to Children's code what is a Juvenile? |
From the ages of 10 to 17 and 364 days |
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When can an adult take a juvenile into custody? |
When they have witnessed the crime and immediately contact law enforcement |
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Can we hold a child in temporary Custody without a warrant? |
Yes if there is reasonable grounds to believe a child has committed a delinquent act |
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Who can issue a warrant for a juvenile? |
Judge or Magistrate DA with a PC affidavit Probation/ Parole officer Department of Human Services (DHS) Police officer with Probable Cause |
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What should you do upon an arrest of a juvenile? |
Call the parents or legal guardian without undo Delay |
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When should you fingerprint a juvenile? |
Felony, Class 1 misdemeanor, DUI, Domestic Violence |
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When would you detain a juvenile and not release them? |
Parent/ Guardian refuses to take them home or if they don't have a guardian Mandatory hold Crime Violent Crimes Juvenile with extensive record |
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What are the 3 types of mandatory holds? |
Crimes involving weapons Crimes involving Firearms Crimes of violence |
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At what point is a juvenile in custody? |
A reasonable person in the juveniles position would not feel free to leave |
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When do you not need a guardian present? |
Juvenile is 18 or the officer believes he/she is Runaway from another state and are of sufficient age and understanding Emancipated Minor |
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Who can not act as a guardian? |
DYC client manager Caseworker foster parent |
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Under what conditions can you interrogate a juvenile? |
Guardian is present and both parent and child have been read Miranda and agree to it |
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When can you interrogate a minor without their guardian present? |
When you have written consent from the parent and both agree to it. |
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When can a school search a juvenile or their possessions? |
When they have reasonable suspicion and it is dictated in their policy |
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How soon does a Juvenile have to have a hearing? |
48 hours |
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How soon must charges be filed for a juvenile? |
72 hours |
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What are the sentencing options for a Juvenile? |
Community Service Restorative Justice Restitution Probation with conditions( anger management, DVC, letter of apology, etc) Detention for up to 45 days DYC YOS |
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When can a Juvenile be filed as an adult? |
Is 16+ and Class 1 or 2 felony OR Sexual Assault Juvenile has a previous felony a judication Or has a previous direct file |
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What is a young adult offender per 18-1.3-407.5? |
18-20 at time of crime under 21 at time of sentencing |
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When can a juveniles record be expunged? |
4 years after termination of court’s jurisdiction (release from parole or probation) 1 year after successful completion of Diversion or dismissal by DA 10 years for repeat or mandatory sentence offenders |
