Nc BLET. Test Bank. State Exam Study Guide, Questions and answers, 100% Accurate, rated A+

Nc BLET. Test Bank. State Exam Study Guide, Questions and answers, 100% Accurate, rated A+ State the function and purpose of civil process. - -Primary function: 1. Giving notice 2. preserving the status quo. 3. Providing remedies for parties. 4. Enforcing decisions of the courts. State the purpose of civil process - -Civil actions, there is no arrest or issued citation. Non- criminal actions, there must be a way to notify the defendant that claims that have been alleged against them by the plaintiff and what the must do to respond. State how to access the North Carolina administrative office of the court's standard forms for civil process and describe the standard fee for service of that process by law enforcement. - -The referenced form number can be entered in the form number field on the AOC'S webpage and a copy of that civil process will be retrieved in fillable PDF format. Standard fees for services of the process: - -If a law enforcement officer is serving items of the civil process there is a 30.00 fee for service to be collected in advance. This fee is the fee per party to be served by the item of civil process. Only 1 party only 30.00 is collected however 1 item of the civil process is to be served on two parties a fee of 60.00 is collected 3 parties is a fee of 90.00 Identify the various types of civil process as provided in the lesson plan. - -1. Magistrate's summons (aoc-cvm-100) 2. Civil summons ( aoc-cv-100) 3. Special proceeding summons( aoc-sp-100) 4. partition proceedings summons ( aoc-sp-101) 5. notice of hearing- power of sale forecloser. 6. Juvenile summons ( undisciplined/delinquent) ( aoc-j-340) 7. juvenile summons ( abuse/neglect/dependent) ( aoc-j-142) 8. Summons in proceeding to terminate parental right( aoc-j-208) 9. subpoena (aoc-g-100) 10. domestic violence (50 b) civil process 11. civil no contact ( 50-c) civil process 12. workplace violence prevention civil process. State what is required for select types of civil process to be considered valid - - of the complaint or petition and all other necessary court documents ns, must be served on each name defendant ed on the aoc form to the check the governing statue to determine what must be attached and served 4. enough copies included to be served on each of the parties named for service. State how to properly serve the civil process on the different types of parties to a civil suit, beginning with an ordinary civil summons and then moon g on to special item of civil process. - -1. Ordinary civil summons: is personal service , leaving copy of the complain and summons at the defendants home with someone of suitable age and ( mentally competent) or specified agent. Demonstrate how to make a proper return of the civil process - -the sheriff must certify in his return that the process has been served, showing the place, time, and manner of service this answers the questions of who, where, why , what, how, when. State the time limits for service of various types of civil process and demonstrate how to compute the time limit in which to serve civil process. - -1. ordinary civil summons= 60 days from the date it is issued. 2. Magistrate summons= 60 days, served no late than 5 days before the date scheduled for hearing. 3. Magistrate summons in a summary ejectment action= 5 days form the issuance of the summons and at least 2 days before the date of the scheduled hearing 4. juvenile summons ( undisciplined/ delinquent)= served not less than 5 days before the scheduled hearing. after 30 days if not served it should be immediately returned to the issuing clerk. 5. Juvenile summons ( abuse/ neglect/ dependent)= served not less than 5 days before the scheduled hearing date. 6. Notice of hearing the foreclosure under power sale= served not less than 10 days, via posting must be done lo later than 20 days. 7. domestic violence civil summons= expire after 60 days. as provided in the lesson plan identify the following prejudgment remedies. - -hment= seizure of a debtor's real or personal property sufficient in amount to satisfy a judgment. shment= proceeding is to discover and subject to attachment tangible personal property of the defendant, not in his/ her possession, but the possession of another person and any indebtedness 3. claim and delivery= is to claim the immediate delivery of certain specified personal property. . identify the post- judgment remedy of execution - -1. executions against the property: the sheriff is to seize the personal property to sell to satisfy the outstanding judgment. 2. executions against the person: civil order for arrest and are very specific in nature and rare. issued when there is reason to believe the judgment debtor is about to flee the jurisdiction to avoid paying the judgment or has concealed assets to defraud creditors. 3. executions for delivery of specific property: execution is against property which requires levy on and sale of personal or real property to satisfy a judgment. As provided in the lesson plan identify the reoccurring issues with the following circumstances - -1. Bankruptcies= defendant has filed for bankruptcy protection the deputy should not attempt to service the summons. 2. repossessions: call about a vehicle theft in progress, or about 2 people arguing over a vehicle and the call turns out to be an attempted repossession. 3. evictions: occasionally a hotel guest may refuse to leave the lodging if the occupant is not a guest but a residential tenant the occupant can only be removed through summary ejectment procedures. 4. child custody order: one parent is granted custody of the child to the exclusion of the other parent or parents have joint custody and one parent is nor complying with the court order. Define human trafficking according to federal and state law. - -Human trafficking commonly referred to as "modern-day slavery" is a global phenomenon that involves obtaining or maintaining the labor or services of another through the use of force, fraud, or coercion, in violation of an individual's human rights. Define sex trafficing - -the recruitment, harboring , transportation, provision or obtaining of a person for the purpose of commercial sex act in which the commercial sex act is induced by force, fraud , or coercion, or in which the person induced to perform such act is under 18 years of age. compare and contrast human trafficking and human smuggling. - -The key distinction between human trafficking and smuggling lies in the individual's freedom of choice. A person may choose and arrange to be smuggled into a country, but when a person is forced into a situation of exploitations where their freedom is taken away they are a victim of human trafficking Define and describe the dynamics of human trafficking and thier traumatic effects upon victims. - -operate on a small, local scale with one trafficker and one victim where there is a little or no connection with other traffickers to a large-scale international business with many different players involved in the trafficking. trauma= coping or survival mechanisms may result in the victim feeling loyalty gratitude or dependence upon an individual related to the trafficking operation as provided in the lesson plan identify various forms of exploitations associated with human trafficing - -l exploitations: brothels, massage parlors, phonography productions, street prostitution 2.Labor exploitations: agricultural, cleaning services, construction, domestic servitude, exotic dancing, factory, restaurant work 3. service marriage ( mail order brides) some trafficking hide their operations by posing as marriage brokerage services. state the strategies for victim identification - -1. domestic violence crime 2. labor disputes 3. prostitution and pimping offenses 4. shoplifting 5. cases of assault. identify and discuss methods of effective response to human trafficking as provided in the lesson plan - -ive approach: may uncover trafficking's while addressing other crimes or call for assistance 2. Proactive approach: by identifying possible situations or business in your community where you suspect human trafficking may be taking place 3. all responses: it is important to remember that not only the traffickers but those who seek to purchase the services of trafficking victims must be held accountable. list available assistance for victims - -1. National human tracking hotline 2. legal aid of North Carolina 3. social services and assistance list possible recourses for law enforcement for human trafficking - -1. trafficking's information and referral hotline 2. fbi 3. ice 4. sbi as provided in the lesson plan identify potential terrorist- related threats, targets, and vulnerabilities with your jurisdiction. - -1. left-wing groups: generally profess a revolutionary socialist doctrine and view themselves as protectors of the people against the dehumanizing effects of capitalism and imperialism. 2. Anarchists: that there should not be any government and feel that each person should function separately free of restraint. 3. anti-fascists (Antifa): a network of independent and grassroots groups working together against the rise of racism and fascism in our communities. 4. right-wing groups: often adhere to the principles of racial supremacy and embrace antigovernment antiregulatory beleifs. special interest/ single interest terrorist group - -1. ecological resistance movement 2. anti: environmental movement 3. animal rights identify terrorism threats specific to North Carolina - -1. Agriculture: most vulnerable target in North Carolina with 57000 farms 2. military installations: impact national security by affecting the ability to deploy troops and boosting the morale of the terrorist entities opposed to the united state. 3. transporation infrastructors: 4 interates thourafares that include i 85,95,77,40. identify terrorism threats specific to North Carolina - -4. banking/ financial infrastructures: charlotte is the second largest banking center in the united states. in emergency the nasdaq stock exchange can be operated from charlotte 5. Nuclear power plant: Brunswick, McGuire, sheron-harris 6. citizenry: jihadists have killed 95 people inside the united states. State the purpose of the National Terrorism advisory system ( NTAS) and 5 categories - -Based on the nature of threat, alerts will be sent directly to law enforcement , alert will be issued more broadly to the American people through both official and media channels Identify and report indicators of possible impeding terrorist attack - -1. General observations: loiter around sensitive areas, load behavior in a group of people, a large amount of $100 bills cipher/code packs, use of foreign terms, misstatements of common American terms 2. surveillance: carrying video cameras or observations equipment with high magnifications lenses, observed with maps, photos, diagrams 3. night vision- devices 4. parking, standing, loitering in same area over multiple days Identify and report indicators of possible impeding terrorist attack cont - -5. false alarms requiring law enforcement 6. thefts of military ,Leo, and fire id cards/ license plates 7. non military person with military-style weapons, clothing, or equipment 8. reports of computer hacker attempting to access sites with person identification maps Weapons attacks - -1. unusual sale of large numbers of semi-automatic weapons 2. theft or large sale of ammunition 3. reports of automatic weapons' firing 4. sale of protective body armor to non-law enforcement person paramilitary groups caring out training scenarios explosive attacks and truck bombs - -explosive theft or sale of large amounts of explosive powder, blasting caps, high- velocity explosive large amount if ammonium nitrate fertilizer other criminal activities associated with terrorist groups - - or burglaries at army surplus stores/ sate surplus stores 2. rental of storage units for storage of non-traditional items As provided in the lesson plan identify and report indicators, explain 3 classifications of illegal alien status and determine detention strategies if necessary - -lly admitted permanent resident aliens( lapra): is legal residents of the united states also known as immigrants, commonly referred to as green card holder 2. non-immigrant aliens: admitted on a temporary term basis person will have a passport with a visa or green card 3. Illegal entrant aliens: never been granted permission to enter or reside in the united states. List the procedures to follow for basic consular notification upon the arrest or detention of a foreign national as required by the united states department of the state - -if foreign national country is not on the list of mandatory notification countries and jurisdictions a. use statement 1 without delay consular officers notified and may communicate with them, b. requests that the consular officer be notified, notify nears embassy. c. forward any communication from the foreign national to his or her consular officer without delay. List the procedures to follow for basic consular notification upon the arrest or detention of a foreign national as required by the united states department of the state cont - -if the foreign national country is on the list of mandatory notification a. notify that county nearest consulate without delay of the arrest or detention b. statement 2 without delay ay communicate with consulate. The primary factors that lead to coronary heart disease, provide At least three secondary factors. - -Abnormal blood cholesterol, high blood pressure, smoking, Secondary -Family history, obesity, diabetes, stress, type A personality, age and gender, Abnormal resting EKG Identify ways to recognize and prevent most common injuries That officers experience throughout their careers - -Back pain, heat injury/illness, Stress related illness 3) state the relationship between proper nutrition and optimal Officer performance considering the following factors - -A-threemajor nutrition Carbohydrates fats proteins B-daily caloric needs C-determine the appropriate food source and amounts? Grains 3 to 4 ounces vegetables 2.5 to 3 cups fruits 2.5 to 3 cups oils 5 to 7 teaspoons dairy 3 cups proteins 5 to 6.5 ounces 4) know the difference between aerobic and anaerobic exercise - -Aerobic-The capacity to take in, transport, utilize oxygen primary fuel source is fat Anaerobic - light to moderate activity primary fuel source is carbohydrate b) frequency intensity and duration Frequency- physical activity for a minimum of 30 minutes five days a week Intensity-Moderate30 minutes a day five days a week vigorously 20 minutes a day three days a week Duration-exercise should last 30 to 45 minutes not including warm up and cool down aerobic exercise C- warm up & cool down Warm up-Five minutes to increase blood flow and temperature of muscles Cool down- after work out continue exercising 510 minutes at a lower intensity Identify the competing Roles society places on law Enforcement - -Crime fighter(crime control) vs public servant (due process) State the common rationalizations and beliefs that lead to unethical behavior - -Loyalty to colleagues before anything else, the public is the enemy, the public is weak, you don't have to obey the law when you are the law Identify the common drivers of unethical behavior - -A)noble cause- end justifies the means, the belief that legal technicalities make the job hard, believe that the offender was guilty B)the blue curtain/code of silence an officer makes a mistake and everyone covers it up instead of coming forward about it C)the slippery slope and the mama Rosa test- once an officer engages in minor illegal or corrupt behavior, greater levels of corruption become easier to perform Six major groups of unethical behavior in law enforcement - -A) graft, bribery, class corruption-when the officer uses his or her position for personal benefit in the form of cash, property, sex, drugs, food, or preferred assignment B) process corruption-when an officer interferes with the process of gathering and presenting evidence C) brutality and excessive force-uses more force than is necessary D) on duty unprofessional conduct-miscellaneous conduct that is directed toward the public but no benefit to law-enforcement for example in action on calls for assistance sexual discrimination negligent treatment of victims E) workplace deviance-Direct harassment and racial or sexual discrimination and colleagues nepotism and promotion use of drugs alcohol while on duty F) off duty unprofessional conduct-engages in behavior in their personal lives that reflects poorly on an apartment and professional LEO examples fighting drunk driving Identify The role of the school director in administering the accredited basic training program - -Manage every aspect of blet including keeping record selection of facilities, selection, and availability of equipment, and provision of course materials and supplies, regulating training participation demeanor, attendance, and attendance record. determine the level of training comprehension and retention determine when a student has an instructional deficiency make the final determination if the trainee has minimum knowledge to become a law enforcement officer. determine if you can take the state exam identify both commission requirements for certification as a law enforcement officer to include a. criminal history b. applying for certification c. maintaining a certification - -a. you must disclose all criminal history rather its disqualifying or not, not all charges are disqualifying b. after you complete all hours of belt and successfully pass the state comprehensive exam. your paperwork will be sent to the commissions and standards for review and verification c. must maintain full-time or part-time employment with qualifying law enforcement or other qualifying agency. Name and describe the 3 sources of law a. constitutional law b. statutory law c. common law - -a. the basic law of the land is the United States constitution( supreme law of the land) b. Statutory law is written laws enacted by the legislative branches of the state( NC general assembly) or federal governments are called statutes. it commands, declares or prohibits something. c. common law is judge made law, is commonly referred to as case law procederal law and substantative law - -substantive law defines the rights and duty's of citizens procedural law- specifies the method whereby substantive law is enforced 1.Habeas corpus of attainder 3. Bill of rights - -res custodian to bring the prisoner before the judge 2. the special act of legislature inflicting punishment on a person without a conviction through judicial proceedings 3. First 10 amendments to the constitution identify how law enforcement authority is affected by subject matter and territorial jurisdiction - -Territorial jurisdiction: territorial jurisdiction refers to the geographical area in which law enforcement officer is empowered to act subject matter jurisdiction: refers to the types of crime for which officers are authorized to arrest state the definition of reasonable suspicion and probable cause - -nable suspicion: is a minimal level of objective justification more than a hunch but less than probable cause. Must "consider" the totality of circumstances and based on specific and articulable facts as viewed by a reasonable officer 2. probable cause: must "show" totality of circumstances that a crime was committed but the the defendant probably committed it. must consider facts at the time the arrest is made and reasonable trustworthy information is sufficient to warrant a crime was committed state the North Carolina statutory requirements for a. gs 15a-401 make warrantless arrests b. hs 15a-404 a citizen detention c. gs 15a-405 assistance to law enforcement officers by private persons to effect arrest or prevent escape - -A. be committed in presence of officer an officer has probable cause to arrest/ committed not in the presence of an officer, the officer must have probable cause a felony or misdemeanor has been committed and will not be apprehended unless arrested immediately or the person may cause physical injury to himself or others or property if not apprehended immediately. Officers must inform them who they are ( an officer) what they are being arrested for and in-fact that they are under arrest state the North Carolina statutory requirements for a. gs 15a-401 make warrantless arrests b. gs 15a-404 a citizen detention c. gs 15a-405 assistance to law enforcement officers by private persons to effect arrest or prevent escape continued - -b. Detention of offenders by private persons. (a) No Arrest; Detention Permitted. - No private person may arrest another person except as provided in G.S. 15A-405. A private person may detain another person as provided in this section. (b) When Detention Permitted. - A private person may detain another person when he has probable cause to believe that the person detained has committed in his presence: (1) A felony, (2) A breach of the peace, (3) A crime involving physical injury to another person, or (4) A crime involving theft or destruction of property. (c) Manner of Detention. - The detention must be in a reasonable manner considering the offense involved and the circumstances of the detention. (d) Period of Detention. - The detention may be no longer than the time required for the earliest of the following: (1) The determination that no offense has been committed. (2) Surrender of the person detained to a law-enforcement officer as provided in subsection (e). (e) Surrender to Officer. - A private person who detains another must immediately notify a law-enforcement officer and must, unless he releases the person earlier as required by subsection (d), surrender the person detained to the law-enforcement officer. (1973, c. 1286, s. 1.) state the North Carolina statutory requirements for a. gs 15a-401 make warrantless arrests b. gs 15a-404 a citizen detention c. gs 15a-405 assistance to law enforcement officers by private persons to effect arrest or prevent escape continued - -c. North Carolina law allows a private citizen to assist law enforcement in make arrests and preventing escapes from arrest when requested by a law enforcement officer. 2 the citizen is not legally obligated to assist. 3. if the citizen chooses to assist that citizen has the same power as the officers to arrest and prevent escape.4. the citizen is not subject to criminal or civil liability when lawfully providing this assistance and is entitles to workers compensation coverage if injured identify the following police-citizen encounters a. voluntary contact b. investigative detention c. arrest - -a. voluntary contact: To lawfully conduct a voluntary encounter and offer can approach any citizen including asking questions to get information. no jurisdiction needed. let citizen control environment keep wholly voluntary do not make them feel as though they are not free to leave. to not threaten arrest if they refuse to end the encounter. b. Investigative detention: to determine whether there is probable cause to believe that 1 a crime has been committed and that the suspect has committed the crime. c. arrest: an arrest is complete when the person submits to the control of the arresting officer who has indicated his or her intention to arrest or takes the person into custody by use of physical force must-read Miranda rights if intend to interrogate state the statutory procedures officers must follow after making an arrest - -must be supported by probable cause taking the totality of circumstances that a crime was committed and that the defendant committed the crime. must use facts at the time. identify themselves as an officer, state why the person is under arrest, and that they are in fact under arrest. state the staturtory requirement for conducting an arrest with a warrent - -valid thought the state, issued and signed by a judicial official, state the offense, must be returned after 180 days if not served, will still be valid after that ex post facto laws - -make make certain conduct illegal after the fact First Ammendment Rights - -Freedom of Speech Freedom of Religion Freedom of Press Freedom of Assembly Freedom of Petition Second Amendment - -Right to bear arms Third Amendment - -No quartering of soldiers Fourth Amendment - -Protects against unreasonable search and seizure exclusionary rule - -A rule that provides that otherwise admissible evidence cannot be used in a criminal trial if it was the result of illegal police conduct Fifth Amendment - -A constitutional amendment designed to protect the rights of persons accused of crimes, including protection against double jeopardy, self-incrimination, and punishment without due process of law. double jeopardy - -a person cannot Being tried twice for the same crime Due Process - -following established legal procedures Sixth Amendment - -Right to a speedy trial, does not include right to testify Seventh Amendment - -Right to a trial by jury in civil cases 8th Amendment - -No cruel or unusual punishment or excessive bail or fines Ninth Amendment - -states that people's rights are not limited to just those in the first 8 listed in the Constitution. right of privacy in marriage, right of interstate travel, right to participate in political activity Tenth Amendment - -The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. Fourteenth Amendment - -the constitutional amendment adopted after the Civil War that states, "no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." immediate and continuous pursuit - -if an offender has committed any criminal offense for which the offender can arrest within his or jer jurisdiction the offer can peruse the offender anywhere in North Carolina and make an arrest officer can pursue outside North Carolina when - -in Georgia, Virginia south Carolina, or Tennessee for a suspected felony committed in North Carolina Subject Matter Jurisdiction-jurisdictional authority to arrest for any type of crime - -ale, Sbi, sheriff and deputies, city police, local ABC officers, company police officers, campus police officers