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Exam (elaborations)

2023 OPOTA (SPOS) STUDENT PERFORMANCE OBJECTIVES – 94 QUESTIONS AND ANSWERS.

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Explain the relationship between a student Performance objective (SPO) and a Test Question A test question must respond directly to an SPO and every SPO may be the basis of a test question. Explain the ultimate reason for law enforcement training To be able to protect the life and property of yourself and the public Brainpower Read More Previous Play Next Rewind 10 seconds Move forward 10 seconds Unmute 0:11 / 0:15 Full screen Explain the generally accepted ethical responsibilities of peace officers Are found in professional codes of ethics and professional codes of conduct. Are owed to -Your community and its citizens -The Law Enforcement Profession -Your Agency -Your Family -Yourself List external and internal influences on behavior External- -Relationship with friends and family -Local Citizens -Local Media -Department regulations -Interdepartmental politics -Police Sub culture Internal- -Officer's own ethical and moral beliefs and values -Anger -Greed -Lust Explain continuum of Compromise -PROCESS -Begins with perceived sense of victimization -Victimization can lead to a sense of entitlement -Entitlement can lead to acts of omissions on the job, and progress to acts of commission, including criminal acts. Explain the steps in the decision making model and the application of PLUS filers. STEP 1- Define the problem, being aware that how you define the problem determines where and how you will look for solutions. STEP 2- Identify alternative solutions available to address the problem—at a minimum three and, ideally, more than five. STEP 3- Evaluate the identified alternatives— list the pros and cons of each; differentiate between known facts and personal beliefs about the situation. STEP 4- Make the decision STEP 5- Implement the decision STEP 6- Evaluate the decision P=Policies: is it consistent with my agency's policies and procedures? L=Legal: is the action lawful? U=Universal: Does it conform to the universal principles and values of my agency? S=Self: Does it align with my beliefs of what is right, good, and fair? Step 1 (I.e., define the problem)-Does the existing situation violate any PLUS considerations? Step3 (I.e., evaluate alternative solutions)- Do the alternative resolve or create Plus considerations and, if so, are the ethical trade offs acceptable? Step 6(i.e., evaluate the decision)- does the solution resolve all PLUS considerations, or were unintended or unforeseen PLUS considerations created? List a peace officer's main goals -Enforce Law -Preserve the Peace -Prevent Crimes -Protect Civil Right and Liberties -Provide Services Explain Items to consider when exercising discretion -Use sound judgment to determine which laws are to be formally enforced Example: -An officer stops a vehicle for speeding. Issuing a citation is formally enforcing the law. Issuing a warning is informally enforcing the law. -Determine if there is a more constructive remedy to a situation without an arrest or citation(e.g., referring a homeless person to a shelter rather than a trespassing arrest) -The origin of the complaint also plays a role in discretion. -If the complaint is initiated by a citizen, the officer will likely feel more pressure to arrest or issue a citation/summons. -However, if the complaint is self-generated, the officer is more likely to exercise discretion. Explain the factors necessary for the commission of a crime.(i.e., the Crime Triangle) DESIRE - Motivation behind criminal behavior. (e.g., financial gain, power, revenge, fear, narcotics usage) -This factor is the most difficult to change. VICTIM -The potential target. -Criminals prefer an easy target that is unaware of his/her surroundings or lacking proper security precautions. -Difficult to change this factor due to individual personalities. OPPORTUNITY -Removing opportunity for crime with proper security measures applied to the victim's environment(e.g., locking doors/windows, removing valuables from open view, good lighting) -Most effective area to concentrate crime prevention strategies. State the core concepts of community policing -A partnership between the police and the community -Crime Prevention -Organizational change of the agency -A problem-solving approach to the police role that is proactive. Recognize considerations for off duty situations **BEHAVIOR** -An officer's behavior is often scrutinized by the community even when not on duty. -Not only does this refer to physical and verbal actions, but also online activity on social media. -An officer is expected to uphold the law enforcement code of ethics. **SITUATIONAL AWARENESS** -An officer should make every effort to remain alert even when not working -You never know when you may need to transition quickly from a private citizen to a peace officer. -Make certain to preplan with your family should a situation arise while together. Create a number of scenarios for your family to practice -Familiarize yourself with your agency's off duty weapon policy. **Be A Good Witness If A Situation Arises When Police Intervention Is Necessary** -If the situation involves a reasonable belief of serious physical harm, provide a response as soon as practical. -However, if the situation is less serious, the best course of action is to observe the incident until uniformed officers respond. -If you become involved, make contact with dispatch as soon as possible to provide information about the incident and information about yourself(e.g., clothing you are wearing, car you are driving, description of offenders and victims, pertinent officer safety information) State the purpose of the Bill of Rights -Protect an Individual's freedoms -Prevent the government from interfering in protected rights Describe the major components of the criminal justice system **Law Enforcement (E.G., Police Officer, Deputy Sheriff)** -Keep the peace -Apprehend violators and combat crime -Prevent crime -Provide social services **Courts** -Hold fair and impartial trails (I.e., ensure due process) -Determine guilt or innocence -Impose sentences on the guilty -Key personnel includes judges, prosecutors, and defense attorneys **Corrections-Responsible For Supervising The Offender** -Prisons/County Jails List the goals of sentencing -Punish the offender and in many cases, rehabilitate -Protect Society -Restore the victim as much as possible List the general elements of a crime -A prohibited act ("actus reus") and... -A specific mental intent ("mens rea") that... -Occur at the same time ("concurrence") and... -Bring about a particular result made unlawful by the statute ("causation") Define the culpable mental states "purposely,""knowingly,""recklessly,"and "negligently." Purposely-A person acts purposely when it is the person's specific intention to cause a certain result, or, when the gist of the offense is a prohibition against conduct of a certain nature, regardless of what the offender intends to accomplish thereby, it is the offender's specific intention to engage in conduct of that nature. Knowingly- A person acts knowingly, regardless of purpose, when the person is aware that the person is aware that the person's conduct will probably cause a certain result or will probably be of a certain nature. Recklessly- A person acts recklessly when, with heedless indifference to the consequences, the person disregards a substantial and unjustifiable risk that the person's conduct is likely to cause a certain result or is likely to be of a certain nature. Negligently-A person acts negligently when, because of a substantial lapse from due care, the person fails to perceive or avoid a risk that the person's conduct may cause a certain result or may be of a certain nature. Identify the R.C. 2923.02 offense of Attempt to Commit an Offense according to its elements. It is a crime to... -Purposely or knowingly, when such purpose or knowledge is sufficient culpability for the commission of an offense, to... -Engage in conduct that, if successful, would constitute or result in the offense Describe the purpose of the Fourth Amendment to the United States Constitution To guarantee rights relating to arrests, searches, and seizures of persons. Describe the relationship between the degrees of suspicion and the responses allowed by the constitution Proof Beyond A Reasonable Doubt -Suspect may be convicted of the crime and punishment Probable Cause To Believe That The Suspect Is Guilty -Suspect may be arrested Reasonable Suspicion That The Suspect Is Involved In Criminal Activity -Suspect may be seized and detained for a brief investigation Hunch -Interaction must be consensual Determine when a person is considered to be seized In view of all of the circumstances surrounding the incident, a reasonable person would believe that the person was not free to leave. -USSC listed examples of circumstances that might indicate seizure even when the person did not attempt to leave the area -The threatening presence of several officers -The display of a weapon by an officer(s) -Some physical touching of a person -Restricting the subject's freedom of movement -The use of language or tone of voice that indicates that compliance with the officer's request might be compelled -Manner of questioning Explain when an officer can use the rationale from Terry to detain a person An officer may detain an individual based upon the officer's reasonable, articulable suspicion that criminal activity was being planned or was in the process of being executed Describe, under Terry, what is required of an officer to make an investigatory stop -Officers should consider the totality of circumstances. While none of the circumstances standing alone may justify a Terry stop, when considered together, they may amount to reasonable suspicion. -An officer may give weight to his/her experience, and to the reasonable inference that he/she is entitled to draw from the circumstances and facts, in light of that experience. Describe the considerations an officer should be mindful of when conducting a Terry stop -Use the lease intrusive means of detention and investigation reasonably available that will achieve the goal -Conduct the business of the stop as quickly as possible so as to not prolong the period of involuntary detention. -If during that detention, additional facts are uncovered that supply the officer with probable cause to arrest, the individual may be arrested -If grounds for an arrest are not discovered in a reasonable amount of time, the detainee must be released or the encounter risks becoming a de facto arrest Describe the requirements that must be established before a Terry pat down/frisk Officers are required to articulate a reasonable belief that the suspect is armed and the suspect poses threat to them Explain the plain feel doctrine -While an officer may not search for objects other than weapons on a Terry stop, if the officer physically feels an object that the officer immediately recognizes as contraband, the object may be seized even if the officer knows it is not a weapon. -This only applies when the identity of the object is Immediately apparent to the officer from its shape and the way it feels -When the incriminating nature of the object is immediately apparent seeing it does not invade the subjects privacy beyond what is allowed in a Terry frisk. -The officer may not seize an object that, unmistakably is not a weapon or if determining its identity requires further manipulation -When determining if an object requires further manipulation, (e.g., going into pockets, repeatedly squeezing the object) an additional invasion of privacy is necessary. -Once it is determined that an object is not a weapon, the search must stop unless there is a warrant, probable cause for arrest, or consent. Identify the evidentiary standard on which to base an arrest An arrest must be based on probable cause Describe when the elements of probable cause to arrest are satisfied The officer is aware of articulable facts and circumstances sufficient to warrant a reasonable person to believe that a crime has been committed and the person about to be arrested committed that unlawful act. Identify sources of information that can be used to establish probable cause for arrest -Personal Observations -Informant's Tips -Reports from other officers or law enforcement agencies -Leads furnished by the victim or witness to the crime -Physical evidence found at the scene -Past criminal record of suspect -Statements made by a suspect Identify what, in the absence of consent or exigent circumstances, an officer must do before entering a private residence to make an arrest -Secure the appropriate warrant or warrants, including -Arrest warrant(s), and... -If making an arrest in the home of a third party, a search warrant to search the premises for the person to be arrested -Reasonably believe that the person to be arrested is present at the correct address listed on the warrant, -Knock and announce your presence Stiegel v United States (1981) Identify when an officer may make a warrantless, nonconsensual entry into a private residence in order to make an arrest Exigent Circumstances Must Exist Which Demand An Immediate Response -Considerations and examples of exigent circumstances -The time of day the offense and/or the arrest -The gravity of the underlying offense thought to be in progress(I.e., the crime must be serious) -There is a risk of danger to the police or to other persons inside or outside the dwelling (e.g., the subject is armed) -The need to prevent a subject's escape -The need to prevent the imminent destruction of evidence -"Hot pursuit" of a subject

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Uploaded on
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