TLETA week 1 Exam Questions and Answers

Ethics - ANS-Caught not taught What does Modern day policing come from? - ANS-English Law What is the Court Structure? - ANS-Supreme Court, Court of criminal appeals, appeals court, Circuit court or Criminal court, municipal and general sessions What is the Legal Hierarchy? - ANS-Federal Laws, State laws, Local laws What are the steps to State court? - ANS-Arrest, general sessions, grand jury, trial, appeal 3 Checks of Probable cause/Arrest - ANS-Initial appearance/preliminary hearing, general sessions, grand jury Levels of Proof - ANS-Mere suspicion, reasonable suspicion, P/C, beyond a reasonable doubt What is a magistrate? - ANS-An officer having power to issue a warrant for the arrest of a person charged with a public offense Who are considered magistrates? - ANS-Judicial commissioners, judges of circuit & Criminal courts, Supreme Court, general sessions judges, city judges or juvenile judges what is mittimus? - ANS-Order in writing What does Examination required before commitment mean? - ANS-No one person can be committed to prison on any criminal matter without first being examined by a magistrate Affidavit - ANS-Written statement signed and sworn to before an official (after arrest) Warrant - ANS-Written order commanding that a person be arrested, must be signed by magistrate (before arrest) 8th Amendment - ANS-No cruel or unusual punishment. All prisoners shall be bailable by sufficient sureties except for capital offenses Who endorses bail amount? - ANS-Magistrate How many people are on a grand jury? - ANS-13 people. 12 jurors, 1 foreperson appointed by judge Who discharges bail - ANS-Sheriff preliminary hearing - ANS-Not a constitutional right; is a probable cause screening What does a grand jury do? - ANS-Inquire into law violations; Determine existence of Probable Cause Indictment - ANS-An accusation in writing presented by the grand jury of the county, charging a person Indictable offenses - ANS-ALL felonies and misdemeanors True Bill - ANS-grand jury approves indictment Capias - ANS-Written Document from grand jury authorizing arrest Arraignment - ANS-Where defendant first appears before court with jurisdiction to try case Class A Felony - ANS-15- 60 Years; $50,000 Class B Felony - ANS-8-30 years; $25,000 Class C Felony - ANS-3-15 years; $10,000 Class D Felony - ANS-2- 12 years; $5,000 Class E felony - ANS-1-6 years; $3,000 Class A misdemeanor - ANS-11 months, 29 days, $2,500 Class B Misdemeanor - ANS-6 months, $500 Class C Misdemeanor - ANS-30 days, $50 2nd Amendment - ANS-Right to bear arms 4th Amendment - ANS-Protection against Unreasonable Search and Seizure (protection of houses, papers, persons, effects and life) 5th Amendment - ANS-The Right to Remain Silent/Double Jeopardy, right to due process, testify against self 6th Amendment - ANS-Right to a speedy and public trial, assistance of counsel, informed of accusations, confront witnesses 8th Amendment - ANS-No cruel or unusual punishment, no excessive bail or fines 14th Amendment - ANS-Declares that all persons born in the U.S. are citizens and are guaranteed equal protection of the laws. States must follow federal precedent. Suspect ID types - ANS-Lineup, show up, photographic ID Lineup - ANS-Live presentation of several different people by police to a witness of a crime so as to identify possible suspects. (An attorney may be present if wanted) Showup - ANS-Live presentation, within a reasonable time after a crime, of a single person by police to a witness so as to identify the suspect. (Usually at crime scene) Photographic ID - ANS-the use of photo images to present suspects of a crime in much the same manner as a lineup Static display - ANS-Piece of paper with pictures Sequential Display - ANS-Stack of photographs in folders How many choices in a lineup or photo ID should there be - ANS-6 or more (9 is best) When does the 5th Amendment not apply to a suspect? - ANS-Photographic ID, Showup, Lineup In TN, when does the right to counsel attach? - ANS-After being formally charged Factors to determine admissibility of ID - ANS-Opportunity of witness to view criminal at the time of the crime, the degree of witness attention, accuracy of any prior description, the level of certainty demonstrated by witness, time span between crime and confrontation. (All factors combine to establish reliability) "Posse Comitatus"- - ANS-law enforcement official could draft any male over 30 years to help (a posse) What is "Hue and Cry"? - ANS-bystanders assisting by crying out for criminals & apprehending criminals What is "Kin Police"? - ANS-neighbors coming to the aid of each other What is "Shire Reeve"? - ANS-appointed by king to be over 10 hundred What was considered the most heinous crime which led to hanging? - ANS-Counterfeiting Constable - ANS-Only patrolled during day, apprehended criminals. Received food , housing , get % of fine paid by criminal back to them Night watch - ANS-Operated only during summertime at night Watchmen - ANS-Combination of constable & night watch First paid LE officers 1st city to have watchmen - ANS-Boston Metro Police Act Model (1829) - ANS-Beginning of police reforms Municipal Police (1845)- - ANS-Law of Police Reform. First time the term police was used. Copper Badges - ANS-lead to term "copper" or "cop" Slave Patrols - ANS-Watched for slave running away; patrolling came from this term patrolling came from what term? - ANS-Slave Patrols George Washington created what? - ANS-US Marshals Who was the first appointed US Marshall? - ANS-Alan McClane What abilities do US Marshals possess? - ANS-track criminals, serve warrants, disperse subpoenas, track stage coaches Wells Fargo is what? - ANS-Private Security Agency with armed men on stagecoaches who apprehended suspects (shotgun) Boss Crump- - ANS-Memphis political figure, allowed for police to pay for a position wanted Lola Baldwin - ANS-1st female officer hired in Portland, OR on April 1, 1905 Boston Police strike in 1919 - ANS-led to pay increases for police departments Leaders in American Policing: - ANS-Sir Robert Peel- Theodore Roosevelt- August Vollomer- Allan Pinkerton- Sir Robert Peel- - ANS-Known as "Father of Modern Policing" Theodore Roosevelt- - ANS-"We are Fighting the War on Crime" Started bike patrol Created Bureau of Investigation, Franklin Roosevelt started FBI August Vollomer- - ANS-Pro Education/ Motorcycles for Patrol/ IQ & Psych Test for officers/ Chief of Berkley Police Allan Pinkerton- - ANS-Created railroad police-Northwest Police Agency, Pinkerton's National Detective Agency 1st Police Academy: - ANS-1920s- New York had the first state funded academy (similar to TLETA) 1888- Cincinnati had the first training (72 hours) 9/11/2001 terrorist attacks changed what? - ANS-How the community viewed policing THP - ANS-Administrative Police ABC - ANS-Alcohol Beverage Commission- civil and criminal jurisdiction TVA and Railroad Police - ANS-ONLY Private Federal Agencies What Protections from government do you have? - ANS-Persons-your body, House- your immediate dwellings and the cartilage around the residence (NOT OUTSIDE PROPERTY), Papers- any documentation or correspondence that are yours, Effects- personal property Mere Suspicion - ANS-unqualified suspecting that something is wrong, without proof. A "hunch" without facts Reasonable Suspicion - ANS-Suspicion supported by specific and articulable facts for suspecting a person of criminal activity What is the purpose of reasonable suspicion? - ANS-to determine if crime has occurred or not W