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50 Cards in this Set
- Front
- Back
Persons may picket or assemble in a public place so long as they do not |
Hinder or interfere with the free passage of pedestrian or vehicular traffic. |
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Persons may March in a residential area so long as they dont |
Stop at a particular private residence. When the occupants t sole place of business or during a public meeting at that location they can. |
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What must you do before arresting or giving a citation for unlawfully picketing |
Officer must first warn the individual of the violation. there had to be a refusal to comply. |
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May charge by citation for how many theft charges |
2. Theft under 100 and misdemeanor theft. |
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Officer may charge citation for the following based on emergency legislation |
Sale of an alcoholic beverage to an underage drinker. Malicious destruction under 500 and misdemeanor theft. |
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Misdemeanor theft rules |
Under 100 shall charge by citation. A second misdemeanor citation should be considered for someone with lengthy criminal record. |
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Citation exceptions |
Not satisfied with def identity Reason to believe he wont comply Reason to believe they pose a threat There are no additional criminal charges Def does not comply with lawful orders. |
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Shall charge by citation if it csrrys how many days or less of jail time |
90 days or less |
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Can police conduct a warrantless search of a cell phone incidental to an arrest. |
No get a warrant. |
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Exigency for phone searches without a warrant |
Pursue fleeing suspect Assist persons who are seriously I hired or threatened with imminent injury Prevent imminent destruction of evidence. |
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Current GPS pings from a cell phone |
Court order Consent of the user or owner is up to but not to exceed 48 hours. Exigent circumstances-not to exceed 48 hours |
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Court order for GPS pings last how long |
30 days. Can get it extended every 30 days. |
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GPS pings must notify owner after it expires |
Within 10 days of expiration. With electronic device location order form. Can mail it certified mail 5 days prior to 10 day limit. |
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Lone barricaded suicidal subjects |
Cases bender and Philadelphia. Officers bit entitled to qualified immunity. Forcing entry can be deemed unconstitutional. Officers have no obligation to stop a person from committing a private act of violence. |
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Suicidal subject is confined within residence with no threat to anyone but themselves |
Entry cant be made. |
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Ways to mitigate 4th amendment issue in regards to lone suicidal subject |
Obtain an EEP from immediate family. Officers can enter to serve it. |
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Blind administrator |
Someone who does not know the identity of the suspect or does not know which photo or member is being viewed |
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Double blind |
Officer presenting does not know the identity of the suspect. |
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Live line up |
Minimum of 4 filters must be used in addition to suspect for total of 5. Fillers must resemble yhr description of the suspect given by the eyewitness in regards to physical features or unique features. Officer asminstor is blinded or line up presented sequentially and officer dies not know which order |
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Photographic array |
5 fillers. Total of 6. |
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Line up/show up requirements |
Multiple eyewitnesses-id must be done separately. Order moved for each show up each witness. Witness separated and csnt talk before or after. Must be told may or may not be among the persons. Must document in writing the words their level of confidence verbatim. |
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Recording line up show up |
All I'd and non I'd statements Names of all present. Date and time. All eyewitness I'd and all photographs. |
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What do you need to seize and individual |
Reasonable articuable suspicion. |
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When seized under ras the Montgomery code requires the detainee too |
Provide their name truthfully (verbally) to the officer. Subject does not have to produce I'd and does not have to provide their date of birth or address. Can remain silent to anything additionally |
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How long can a ras last |
According to 32-15 no longer than 60 mins and cant extend beyond immediate vicinity where subject was detained. |
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If believe detainee is not being truthful the officer must |
Officer must provide a warning informing then that a failure to identify is a violation of law. If after warning PC lying you can arrest. |
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After subject arrested state law requires that an arrestee |
Verbally provide truthful name date of birth and address. 9-502. Applies to all arrest. |
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Two laws mc code requires one to truthfully I'd themselves |
Disturbing the peace Violating parole or probation |
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Armonstrong v pinehurst |
Taser use of non violent resistance is a 4th amendment violation. Use of a taser is serious use of force. Must present a risk of immediate danger that could be mitigated by use of force. |
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Physical resistance alone is not synonymous with risk of immediate danger. |
True |
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Taser should only be used when |
Subjects are exhibiting active aggression or actively resisting in a manner is likely to result in injuries to officer or others. |
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Fentanyl and acetyl fentanyl |
Fentanyl is a fast acting narcotic analgesic and sedative. Heroin like effect.
Acetyl fentanyl opioid analgesics drug. Acetyl less potent then fentanyl |
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What schedule is fentanyl and acetyl fentanyl |
Fentanyl is schedule II Acetyl fentanyl is a schedule I |
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If you come across 2 grams or more of fentanyl |
Area should be evacuated and considered a hazmat situation. Shift supervisor will contact clandestine response team. |
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Packaging fentanyl |
There should be no powder st the bottom of the plastic bag. Place in another bag of so. |
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Pcp field test when pcp test not available |
Use a cocaine test kit. Break pink ampoule only and if positive it will turn blue. |
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Hate crime |
Criminal offense that is motivated by the offenders bias against a race religion identity. Motivation is subjective. |
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Bias incident |
Incident in which there is a element of bias present but unable to establish motivation. Ex. Painted swastika. Motivation unknown there for bias incident. |
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Smoking in a public place |
The amount on cotstoom is 250. Max fine is 500. |
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Drug paraphernalia associated with possession a marijuana civil or criminal? |
It is neither criminal or civil. |
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Migrant worker |
Allows for person who reside in cultivated land to receive persons who seek to provide a lawful service. People providing lawful services are allows to take customary routes to workers living quarters. |
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Trespass from migrant workers living quarters. |
Trespass form cant be issued if they are trying to provide lawful services. Right to visitors does not extend to fields or work areas and csnt interfere with work being done. |
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Seizing assets and contraband burden of proof. |
Burden of proof is clear and convincing evidence. Officers must show a direct link between seized assets and the contraband. |
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Assets forfeiture for marijuana cases. |
Only if it is a distribution or pwid case. |
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Money and asset forfeiture |
No more close proximity. Can we prove distribution and or proceeds of cds distribution. |
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Officers must provide what when seizing assets. |
Must provide a receipt. Detailed inventory receipt. Mcpd has to make a decision 60 days after receiving a written request for return of property. |
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Seizure paperwork for vehicles and money. |
Court disposition will have 10 days to notify sid asset unit Vehicle info must be sent up within 10 days of seizing vehicle |
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Citizens videotaping the police |
Officers are prohibited from threatening intimidating or discouraging any individual from recording police activities. Individuals can record from a safe distance without any other action intended to obstruct or threaten the safety of officers. |
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Video recording is not an element in determining probable cause |
True |
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If citizen Is not acting peacefully or citizen is interfering while recording they can be charged with |
Disorderly conduct or obstructing |