SOCE/Final Exam Study Guide

SOCE/Final Exam Study Guide Values - ANS are principles, standards, or qualities considered worthwhile or desirable. Assumption - ANS is a notion, statement, or belief about a person, group, or event that may or may not be factual Bribery - ANS corruptly to give, offer, or promise to any public servant, or, if a public servant, corruptly to request, solicit, accept, or agree to accept for himself or herself or another, any pecuniary or other benefit not authorized by law with an intent or purpose to influence the performance of any act or omission which the person believes to be, or the public servant represents as being, within the official discretion of a public servant, in violation of a public duty, or in performance of a public duty. Quid pro quo - ANS Latin term that means "something for something in return." Insubordination - ANS failure to follow orders from superiors in the chain of command Probation - ANS is a sentence placing a person under the supervision of a probation officer for a specified length of time instead of confinement. Misuse of position or authority - ANS No public officer, employee of an agency, or local government attorney shall corruptly use or attempt to use his or her official position or any property or resource which may be within his or her trust, or perform his or her official duties, to secure a special privilege, benefit, or exemption for himself, herself, or others. Chain of command - ANS the order of authority within an organization Nolo contendere - ANS where an individual does not accept or deny responsibility for the charges but agrees to accept punishment Prosecution - ANS presents the government's case Hostile work environment - ANS a job culture where lewd jokes or other offensive habits are acceptable. Perception - ANS is the impression in a person's mind of an individual, a group of people, or events based on experiences, biases, beliefs, assumptions, and observations. EEOC (Equal Employment Opportunity Commission) - ANS the governmental agency that enforces compliance with the civil rights act State Attorney - ANS same as prosecutor; responsible for filing formal charges in criminal cases Judge - ANS is authorized to preside over the courtroom and to decide questions of law brought before the court. Court administrator - ANS is responsible for the day-to-day functioning of a court system. Perjury - ANS may be defined as a false statement that a person makes under oath but does not believe to be true. Discrimination - ANS is the negative behavior toward a person or group that is based on color, race, sex, age, religion, ethnic and national origin, handicap, and/or marital status. Sexual harassment - ANS is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. The courts have held that intent is not a factor in determining what constitutes sexual harassment. U.S. Supreme Court - ANS is the highest court in the United States and the chief authority in the judicial branch—one of three branches of the U.S. federal government. Hears appeals from the decisions of lower federal courts and state supreme courts, and it resolves issues of constitutional and federal law. Its decisions can be changed only by a constitutional amendment. The most important responsibility is to decide cases that raise questions of constitutional interpretation. County and Municipal Holding Facilities - ANS These facilities provide a place for detainees while booking procedures are completed or until they can be transported to a county jail. County Jails - ANS are used for booking and temporary detention of defendants awaiting trial or disposition on federal or state charges and of convicted offenders sentenced to short-term detention (a year or less). Juvenile Assessment/Detention Center - ANS Juvenile suspects are taken to this center for processing and possible pretrial detention. Prisons (federal and state) - ANS are correctional institutions maintained by the federal and state governments for the confinement of convicted felons. Evaluation and Treatment Centers - ANS are the first stop when entering the prison system. In addition to general processing procedures, these facilities administer various tests to offenders (e.g., medical, education aptitude). Treatment centers deal with alcohol/drug abusers or mentally ill offenders Parole - ANS is the release of an inmate from a correctional institution prior to the conclusion of the inmate's court-imposed sentence. Community control (house arrest) - ANS is a form of closely monitored community supervision and is more restrictive than probation or parole. CJSTC (Criminal Justice Standards and Training Commission) - ANS was created to oversee the certification, employment, training, maintenance of officer records, and conduct of Florida law enforcement, correctional, and correctional probation officers. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) - ANS enforces federal laws and regulations relating to alcohol and tobacco products, firearms and explosives, and acts of arson. Drug Enforcement Administration (DEA) - ANS enforces the controlled substances laws and regulations of the United States and recommends and supports non-enforcement programs aimed at reducing the availability of illicit controlled substances in the domestic and international markets. Florida Supreme Court - ANS The highest court in the state of Florida, which consists of seven justices who are appointed by the governor. Hears cases including final orders imposing death sentences and appeals from lower state courts. Years to get hired - ANS 4 Vertical Communication - ANS the information that flows down through the supervision level to the lowest levels of the organization Law enforcement - ANS is responsible for the enforcement of laws and maintaining civil order. Court system - ANS is responsible for the interpretation of laws. Corrections - ANS is responsible for enforcing punishment as defined by the court system. Requirements to be a police officer - ANS • be at least 19 • citizen of US • high school grad or equal • have processed fingerprints on file with employing agency • passed a physical examination by a licensed physician based on specifications established by the Commission • submit an affidavit attesting to compliance • satisfactorily completed a Commission approved course of basic recruit training • have satisfactorily passed a state examination in the respective specialty • not have been convicted of any felony or of a misdemeanor which involves perjury or a false statement, regardless of withholding of adjudication or suspended sentence • not have recieved a dishonorable discharge from any of the Armed Forces of the United States • meet all the minimum requirements and standards • complete the approved basic recruit training • pass the State Officer Certification Examination • become actively employed with a law enforcement agency in an auxiliary, part-time, or full-time sworn officer position Things you may be disciplined for by the commission - ANS • Pleads nolo contendere, pleads guilty, or is found guilty of any felony • Pleads nolo contendere, pleads guilty, or is found guilty of a misdemeanor involving perjury or false statement • Fails to maintain good moral character • Commits any act constituting a felony offense, regardless of criminal prosecution • Commits any act constituting any of a specified group of serious misdemeanor offenses, regardless of criminal prosecution • Commits any principal, accessory, attempt, solicitation, or conspiracy, pursuant to chapter 777, Florida Statutes, where there would have been a felony offense had the crime been committed or completed • Commits any act in any jurisdiction other than the state of Florida, which if committed in the state of Florida, would constitute a felony, any of the specified serious misdemeanors, or a violation of chapter 777, Florida statutes • Tests positive for controlled substances by a urine or blood test, in accordance with the requirements for testing reliability and integrity set forth • Commits an act of excessive use of force under color of authority • Engages in sexual harassment involving physical contact or misuse of official position • Misuses the official position • Engages in sex while on duty • Has unprofessional relationships with an inmate, detainee, probationer, parolee, or community controlee; has written or oral communication that is intended to facilitate conduct which is prohibited by Commission rule; engages in any physical contact not required in the performance of official duties that is normally associated with the demonstration of affection or sexual misconduct • Makes false statements during the employment process • Subverts or attempts to subvert the officer certification examination process pursuant • Subverts or attempts to subvert the CJSTC-approved training examinati FL County Courts - ANS • Florida County Courts: The 67 county courts have limited jurisdiction and handle the following legal issues: o minor criminal offenses (misdemeanors), which provide a maximum sentence of one year or less in the county jail o county and municipal ordinance violations, including traffic infractions (some counties use hearing officers for these cases) o civil cases involving amounts of $15,000 or less and small claims disputes (less than $5,000) o the issuance of search and arrest warrants within the county 4 Levels of law enforcement agencies in the US - ANS Municipal (Police Departments, Public Safety Departments), County (Sheriff's Office), State (FDLE, FHP), Federal(ATF, DEA) Civil law - ANS is the legal action that a person takes to resolve a private dispute with another person. Case law - ANS is formed by the decisions of the court system (the judicial branch). Probable cause - ANS The standard of justification required to make an arrest or conduct a search Reasonable suspicion - ANS is the standard of justification needed to support a legal Terry stop or investigative detention. Is sometimes called "articulable suspicion" or "founded suspicion." All three terms simply mean that an officer can articulate, or put into words, facts that support a suspicion that the person stopped may be involved in a law violation. Documentary Evidence - ANS anything written or printed which is o ered to prove or disprove facts pertaining to a case in court (Legal) Testimonial evidence - ANS is witness statements tending to prove or disprove facts about the case. Contraband - ANS is anything that is illegal to possess. mental incompetence - ANS recognizes that a criminal defendant will be judged on his or her present ability to assist counsel by participating in the criminal defense. Self-defense - ANS is a common legal term that describes the justifiable use of force that is necessary to protect oneself. This same legal term also describes the justifiable use of force necessary for the defense of others. duress or coercion - ANS A person who faces a threat from another and commits a criminal act in response Mistake or ignorance of fact - ANS is a legal defense that is used when the accused does not possess the mental state required to commit a criminal offense because of a reasonably mistaken belief about the facts relating to the circumstances. Criminal Attempt - ANS is an offense when either the person did some act toward committing the crime that went beyond just thinking or talking about it; or the person would have committed the crime except that someone or something prevented him or her from doing so, or the person failed. suspect - ANS is the person believed to have committed a crime. victim - ANS is a person or entity which suffers an injury as a result of a crime. witness - ANS is any person who has information about some element of the crime or about evidence or documents related to the crime. arrest warrant - ANS is a court order authorizing law enforcement to take the individual named on the document into custody to answer for charges specified in the document. Carroll doctrine - ANS the principle that an o cer may search a vehicle or other mobile conveyance without a warrant if there is probable cause to believe that the vehicle contains contraband or evidence of criminal activity (Legal) Bill of Rights - ANS the first ten amendments to the Constitution, which are known as the noncriminal violation - ANS An offense for which the only penalty may be a fine, forfeiture, or other civil penalty. Administrative law - ANS is the body of law that allows for the creation of public regulatory agencies. Culpable negligence - ANS is consciously doing an act that the person knew or should have known was likely to cause death or great bodily injury. An example of this fourth category of intent is vehicular homicide. supremacy clause - ANS states that when laws conflict, federal law generally overrules state and local law. State law can be more restrictive than federal law, but it cannot undermine the federal standard. Statutory law - ANS is written and enacted by Congress, state legislatures, or local governing authorities in response to a perceived need. Statutory law includes civil, criminal, administrative, and regulatory laws. ordinance - ANS Statutes enacted by a municipal (city) or county government. Local regulations for the protection and well-being of the residents and property. Apply only to the geographical area of the county or city that enacted them. Most violations are not criminal in nature. Mere suspicion - ANS is sometimes described as a hunch or gut feeling based on law enforcement training and knowledge. pretext stops - ANS the officer stops the vehicle due to an equipment violation but really wants to investigate other, more serious criminal activity. Proof beyond a reasonable doubt - ANS is the standard used to determine if a criminal defendant is guilty. Based on the facts of the case, there is no other reasonable explanation than that defendant committed the crime. Constitutional law - ANS law defines the form of government Americans have established arrest - ANS is defined as depriving a person of his or her liberty by legal authority. color of law - ANS When an officer acts or purports to act in the performance of official duties under any law, ordinance, or regulation, he or she is acting under alibi - ANS is a suspect or defendant's claim that he or she was not present when the alleged act was committed. fellow officer rule - ANS involves relying on the collective knowledge of other officers when taking law enforcement action. An example would be making an investigative stop based on a BOLO Fruits of the Poisonous Tree doctrine - ANS holds that evidence gathered with the assistance of illegally obtained information must be excluded from trial. Consensual encounter - ANS occurs when an officer comes into voluntary contact with a person under circumstances in which a reasonable person would feel free to disregard the police and go about his or her business. It involves no coercion, no detention, and therefore is no Fourth Amendment seizure. misdemeanor - ANS is any criminal offense with a maximum incarceration penalty in a county jail of up to one year. Specific intent - ANS requires an expectation of a particular result, which requires a heightened mental state of intent to commit the act. corpus delicti - ANS Before a person can be charged with a criminal offense, the officer must have evidence that a crime has been committed. Meaning "body of the offense." notice to appear - ANS is a written order that may be issued by a law enforcement officer in lieu of a physical arrest requiring a person accused of violating the law to appear in court at a specified date and time. Florida's Stop and Frisk law, s. 901.151, F.S. - ANS requires probable cause before a weapons pat down is permitted. Transferred intent - ANS is present when an intentional act harms an unintended second victim. For example, a person intending to shoot one victim misses and unintentionally strikes a second victim. Fresh pursuit - ANS is a legal doctrine that permits a law enforcement officer to make an arrest of a fleeing suspect who crosses jurisdictional lines. Sovereign immunity - ANS provides one of the most important protections for governmental employees and law enforcement agencies. It includes a list of circumstances and requirements that must be met before the state, a county, a municipality, or a law enforcement agency or any of its employees can be sued in a state tort action. Vicarious liability - ANS occurs when one person or entity is held liable for the negligent actions of another person even though the first person or entity was not directly responsible for the injury. Punitive damages - ANS an unlawful interference with the fundamental rights of another person, such as the rights to due process and equal protection under the law. Compensatory damages - ANS are designed to compensate for the actual property damage, harm, or injury that the plaintiff suffers. principal in the first degree - ANS a defendant who helped another person or persons commit or attempt to commit a crime and must be treated as if he or she had done all the things the other person or persons did Proximate cause - ANS the legal phrase for the link between the breach of duty and the harm caused (damages) Administrative Search - ANS Subjects of this type of search include students, public schools, people in government offices, government property (such as desks, lockers, and vehicles), people engaged in certain businesses or licensed activities, and people on probation or parole. These types of searches generally do not require warrants because they are for regulatory purposes and usually are not conducted by a law enforcement officer. Valid Search Warrant - ANS Must be authorized and signed by a neutral magistrate or judge. Must be based on an affidavit that states sufficient facts to establish probable cause that evidence of a crime will be found in the place to be searched. The basis of the information in the affidavit must come from reliable sources. Must particularly describe the person or place to be searched and the items to be seized. Carjacking, s. 812.133, F.S., Felony - ANS 1. The offender took the motor vehicle from the victim or custody of the victim. 2. Force, violence, assault, or putting in fear was used in the course of the taking. 3. The taking was with the intent to permanently or temporarily deprive the victim of his or her right to the vehicle or any benefit from it. Burglary, s. 810.02, F.S., Felony - ANS 1. The offender entered a structure or conveyance owned by or in the possession of the victim. 2. At the time of entering the structure or conveyance, the offender had the intent to commit the crime that is listed in the charge. 3. The offender was not licensed or invited to enter the structure or conveyance, or the premises were not open to the public at the time of the entering. Robbery, s. 812.13, F.S., Felony - ANS 1. The offender took the money or property from the victim or from custody of the victim. 2. Force, violence, assault, or putting in fear of violence was used in the course of the taking. 3. The property taken was of some value. 4. The taking was with the intent to permanently or temporarily deprive the victim of his or her right to the property or any benefit from it. Theft, s. 812.014, F.S. - ANS 1. The offender knowingly and unlawfully obtained or used or endeavored to obtain or use the property of another. 2. The offender did so with intent, either temporarily or permanently, to deprive the victim of his or her right to the property or any benefit from it, or appropriate the property of the victim to his or her own use or to the use of any person not entitled to it. Trespass—In Structure or Conveyance, s. 810.08, F.S., Misdemeanor/Felony - ANS 1. The offender, without being authorized, licensed, or invited, willfully entered or remained in any structure or conveyance, or, having been authorized, licensed, or invited, was warned by the owner or lessee of the premises, or person authorized by the owner or lessee, to depart and refused to do so. 2. The structure or conveyance was in the lawful possession of the owner, lessee, or other person authorized by the owner or lessee. Punishment for local ordinance - ANS The maximum penalty for violating a local criminal ordinance is a fine of $500 or incarceration in a county jail for a period of up to 60 days and/or both. Fifth Amendment - ANS best known for prohibiting compelled self-incrimination. It also requires grand jury indictment for capital crimes and prohibits double jeopardy and deprivation of life, liberty, or property without due process of law. Law enforcement activities affected by this include interviewing and arresting suspects and taking law enforcement action in violation of due process. First Amendment - ANS include arrests for disorderly conduct and seizure of press materials such as cameras, tapes, and writing material. Fourth Amendment - ANS prohibits unreasonable search and seizure and generally requires a warrant signed by an independent magistrate (judge). activities affected include law enforcement's entry into homes, vehicles, luggage, purses, or other places where a person has a reasonable expectation of privacy, including his or her person, and interference with people's right to possess and maintain control over their property. Law enforcement stops and arrests, including the use of force, are considered seizures and must meet the reasonableness requirement of this Amendment, which provides certain exceptions to law enforcement. due process clause - ANS The Fourteenth Amendment expanded the application of the Bill of Rights to state and local governments as well. This was done by this part of the Fourteenth Amendment Four basic classifications of intent - ANS general, specific, transferred, and criminal negligence Sections 776.012 and 776.013 F.S. - ANS Sections 776.012 and 776.013 F.S. work in conjunction to allow all individuals to use reasonable and necessary force to defend themselves when faced with the imminent threat of unlawful force. The statutes allow an individual to use deadly force under two circumstances: if the individual has reason to believe that deadly force is necessary to prevent imminent death or great bodily harm to him- or herself or another or to prevent the commission of a forcible felony as defined in s. 776.08, F.S. first-degree misdemeanor - ANS carries a maximum penalty of one year in a county jail, a fine of $1,000, or both. second-degree felony - ANS is punishable by a maximum of 15 years in a state correctional facility, a fine of up to $10,000, or both. show-up - ANS occurs when a law enforcement officer locates a suspect a short time after the commission of an offense and attempts to get a one-on-one identification of the suspect in the field by a victim or witness. This method of identification is inherently suggestive and should be used with caution. Whren v. U.S - ANS said that the courts are not required to consider an officer's motive for stopping a vehicle as long as the officer had an objective basis for the stop. Because of Whren, pretext stops do not violate the Fourth Amendment. Terry v. Ohio - ANS the Court ruled that a law enforcement officer may frisk the exterior clothing of someone lawfully detained if the officer has reasonable suspicion to believe that the person is armed. A frisk or pat down is not a full search. The scope of the frisk is limited to a pat down of outer clothing, containers, and property being carried by the person. Aggravated Battery, s. 784.045, F.S., Felony - ANS 1. The offender intentionally touched or struck the victim against his or her will or intentionally caused bodily harm to the victim. 2. The offender, in committing the battery, a. intentionally or knowingly caused great bodily harm, permanent disability, or permanent disfigurement to the victim, or b. used a deadly weapon, or c. knew or should have known that the victim was pregnant. Protected communications - ANS • lawyer-client • journalist-source • husband-wife • psychotherapist-patient • accountant-client • clergy-penitent • sexual assault counselor-victim • domestic violence advocate-victim probable cause affidavit - ANS is a sworn, written statement by a law enforcement officer establishing certain facts and circumstances to justify an arrest. Plain sight - ANS The officer may not move a blanket, for example, to see what is underneath Three reasons evidence is offered in court - ANS to prove or disprove a crime to support or undermine other evidence to help determine an appropriate sentence Instrumentalities - ANS are the items used by the defendant to commit the crime. There are four elements to the Miranda decision: - ANS custody, interrogation, understanding, and free and voluntary waiving of rights. Taking notes - ANS The primary method for documenting an interview Note taking - ANS is the process of writing down brief pieces of information concerning an incident, event, activity, or statement. Written statements - ANS are a person's written account of an incident or occurrence that may or may not be made under oath or affirmation. Field notes should include the following basic facts: - ANS • Where did the incident take place? • When did the incident take place? • Who was involved? • What happened? • How did it happen? • Why did it happen? • Actions taken by the officer Where: - ANS the location of an incident is a legal requirement which proves jurisdiction. When: - ANS is simply documenting the date and time that the incident occurred. Who: - ANS represents everyone who may have information about what happened. What: - ANS is the information regarding the nature of an incident. How: - ANS Often, through observation, you can determine how an incident happened. Why: - ANS the reason for an incident is sometimes called the motive Action Taken by the Officer: - ANS v= - ANS victim F= - ANS Female DOB - ANS Date of Birth W= - ANS White tod= - ANS Time of Day yr= - ANS year s= - ANS suspect B= - ANS Black aka= - ANS Also known as yoa= - ANS years of age nmi - ANS No middle name hr= - ANS hour ph= - ANS phone M= - ANS male tot= - ANS turned over to Mirroring: - ANS act as if you are looking into a mirror, seeing the interviewee as a reflection of yourself. Minimal encouragers: - ANS are brief statements which indicate that you heard what the interviewee said and are inclined to hear more. Examples include "Okay," "Go on," and "Then what?" Cognitive interviewing: - ANS involves asking questions designed to reveal cognitive memory through the five senses: sight, hearing, smell, taste, and touch. Two Common Signs of Deception during an Interview - ANS Physiological and behavioral signs Physiological signs of deception - ANS • increased perspiration • changes in skin color • dry mouth • observable increase in pulse rate • observable change in breathing rate Behavioral signs of deception - ANS • change in tone of voice, volume of speech, rapidity of speech, pauses or silence • foot tapping • leg shaking • finger tapping • pacing • inability to sit still • refusing to look at the questioner • giving answers that appear rehearsed • giving verbal responses that are inconsistent with nonverbal responses • attempting to change the line of questioning • being overly eager to help • giving too much or too little clarification • responding to questions with questions • looking for an escape route • asking for simple questions to be repeated statement - ANS is a permanent, verbal, or written record of a person's account of an incident or occurrence that may or may not be made under oath or affirmation. sworn statement - ANS is written or oral facts that are stated under oath or penalty of perjury. An oath - ANS is a vow or a pledge to tell the truth regarding an incident or occurrence. An affirmation - ANS is a solemn and formal declaration or assertion made in place of an oath. interview - ANS is a conversation with a person who has knowledge of an event or individual; it is a noncustodial meeting. pre-interview process - ANS includes determining whom to talk to, when to interview them, the order in which to talk to people, where to conduct it, what information to obtain, and how to record them. When interviewing Juveniles - ANS Be sure you are familiar with agency policies and procedures on parents' and children's access to each other Cooperative interviewee - ANS • Establish rapport. • Confirm the interviewee's observations and statements. • Ask direct questions. • Do not confuse or frustrate the interviewee. Uncooperative interviewee - ANS • Establish control of the interview. • Keep your composure. Reluctant interviewee - ANS • Establish rapport. • State the purpose of the interview. • Speak in a subdued tone of voice. Hostile interviewee - ANS • Establish control of the interview. • Maintain a neutral demeanor. • Do not argue with the interviewee. • Follow safety precautions, including checking for a weapon. • Ask direct questions. • Try to reduce the interviewee's stress and anxiety. Talkative interviewee - ANS • Establish the purpose of the interview. • Be patient. • Ask closed-ended questions to redirect the interviewee back to the subject of the interview. Close-ended questions are phrased to receive a specific response, such as yes or no. Victim - ANS • Evaluate whether the victim is physically and mentally able to participate in the interview. • Build rapport. • Be aware of the victim's verbal and nonverbal cues. • Prompt the victim with primary and follow-up questions. • Maintain a relaxed and calm interview environment. Suspect - ANS • Consider the safety of all concerned. • Give Miranda warnings, when applicable. • Do not stereotype, pre-judge, ridicule, or bully the suspect. • Be honest and straightforward. Other interviewees not directly involved with the incident - ANS • Listen carefully to the interviewee. • Be polite, patient, and understanding. • Encourage the interviewee to disclose information. complainant - ANS someone who reports a crime or alleges that a crime has been committed confidential informant - ANS someone who provides information in confidence about a crime, either from a sense of civic duty or in the expectation of some personal benefit or advantage, and whose identity is normally not disclosed until required by law. Who: - ANS Who were you with? Who was involved? Who do you think did it? Who is the victim? What: - ANS What happened? What did you see? What were the circumstances? What offense was committed? When: - ANS When did you realize something was happening? When, in terms of date and time, did the incident occur? Where: - ANS Where did he throw the knife? Where did the incident occur? Use the answer provided to establish the jurisdiction where the incident occurred. Why: - ANS Why did you call for help? Why did the incident happen? How: - ANS How can I help you? How did the incident happen? report - ANS is a written document which gives information about an event, situation, occurrence, or incident. A report reflects - ANS your competence and professionalism, not only in writing skills, but also in all aspects of police work. A well-written report is important because it: - ANS • aids the state attorney's office in prosecutions • reduces legal liability for both you and your agency • saves the department time and expense Reports are commonly used in: - ANS • criminal case-filing • depositions • probation and parole hearings • criminal trials • civil proceedings • victim restitution hearings • pretrial proceedings • research • appeals in criminal and civil cases • internal affairs investigations • workers' compensation cases • drafting probable cause affidavits Reports are generally categorized as: - ANS • offense reports • probable cause affidavits • supplemental or follow-up reports Reports are read by: - ANS • other officers • supervisors • defense and prosecuting attorneys • judges • city, county, or state officials • media reporters • members of the public • insurance companies • suspects, defendants, or people convicted of crimes Incidents that may require written reports include the following: - ANS • all crimes • use of force by an officer • suicide • death • found property • runaway juvenile • missing or endangered person • traffic crashes (under certain circumstances) as required by law • miscellaneous noncriminal or suspicious incidents • probable cause affidavits • additional or supplemental information Notes can be organized in the following two ways: - ANS Chronologically Categorically Chronologically - ANS means sorting information by date and time from the first event to the last. Categorically - ANS also group information by type, such as by witnesses, victims, suspects, weapons used, and crime elements. Sentence - ANS a group of words that contains a subject (a noun), a verb (action), and an object (what is affected or receives action) and that expresses a complete thought. Custodial interrogation - ANS the interviewee may not be free to leave. Elements of an Effective Incident Report - ANS Factuality, Clarity, Conciseness, Completeness, and Accuracy, Use Standard English Three stages of a planned interview - ANS warm-up, primary, and closing Warm-up stage - ANS establish rapport and build understanding with the interviewee Primary stage - ANS obtain information about the incident from the interviewee Closing stage - ANS Summarize all information collected for the report before the interviewee departs Spelling - ANS Seize Sergeant Marijuana Lieutenant Noun - ANS Names, persons, places, things, actions, qualities, beliefs Homophones - ANS words that are easily confused in use and spelling. They sound the same but have different spellings and meanings. When to administer oaths - ANS Florida law gives law enforcement officers the authority to administer oaths while performing their official duties. Sections of a report - ANS Introduction, Body, Conclusion Introduction of a report - ANS The introduction of a report usually includes information such as: • the date of the incident • place of the incident • assignment and arrival time • the officer's name • the identity of the victim, suspect, or complainant • the officer's initial actions Body of a report - ANS The body of the narrative is the detailed chronological account of the incident. This section includes the investigative actions that you took. It must address the elements of the incident. Often, the body of the report may contain one, two, or more paragraphs, depending on the complexity of the case and the number of people involved. Conclusion of a report - ANS The conclusion explains how you resolved the situation or handled the obtained information. It includes any citations issued or arrests made, if applicable, and documents appropriate criminal charges. Jargon - ANS the technical vocabulary of a profession which has meaning specific to the people who work in a particular field or profession Slang - ANS consists of informal, nonstandard words often characterized by regional or specific group usage Order of interviews - ANS Generally, you will interview the complainant or victim first, then witnesses followed by the suspect. However, officer safety and scene security factors may dictate otherwise. If it is apparent that an interviewee is traumatized from the incident, conduct the interview after the interviewee has stabilized. The attitudes of other potential witnesses will help in deciding the order in which to conduct the interviews. Purpose of an interview - ANS to collect facts and establish what occurred Parts of a narrative - ANS 1. Why was the officer there? 2. What did the officer observe? 3. What did the officer do? 4. What were the outcomes? Proofreading - ANS the checking of a report to ensure that correct spelling, proper punctuation, appropriate capitalization, and proper grammar are used. 3 types of statements obtained during an interview - ANS Sworn, unsworn, confession Active voice - ANS the subject of the sentence comes before the verb and is clearly stated. (reports should be written in this voice) For example: "Ann struck John with a frying pan." Passive voice - ANS the object and the subject switch places. "John was struck with a frying pan by Ann." Past tense - ANS Law enforcement reports are written in past tense because the events have already occurred. Open-ended question - ANS require more than a "yes" or "no" answer Close-ended question - ANS phrased to receive a specific response, such as yes or no. Limitations of deception in an interview include - ANS making threats promising leniency creating physical evidence for use during an interview Sentence fragment - ANS a group of words that lacks a subject, verb, or object (when one is needed) or fails to express a complete thought. Adjective - ANS Describes a noun or a pronoun Verb - ANS Expresses action, events, states of being Contraction - ANS the result of combining two words Factors that influence accuracy of an interview - ANS Isolation and privacy Traffic Crash - ANS A collision, involving one or more vehicles, that causes property damage, personal injury, or death and is the result of an unintentional act Driver - ANS Any person who drives or is in actual physical control of a vehicle on a highway or who is exercising control of a vehicle or steering a vehicle being towed by a motor vehicle Vulnerable Road User - ANS A pedestrian, including a person actually engaged in work upon a highway, or in work upon utility facilities along a highway, or engaged in the provision of emergency services within the right-of-way; a person operating a bicycle, motorcycle, scooter, or moped lawfully on the roadway; a person riding an animal; or a person lawfully operating on a public right-of-way, crosswalk, or shoulder of the roadway: a farm tractor or similar vehicle designed primarily for farm use Pedestrian - ANS Any person on foot Motor Vehicle - ANS A self-propelled vehicle not operated upon rails or guide way, but not including any bicycle, motorized scooter, electric personal assistive mobility device, swamp buggy, or moped Golf Cart - ANS A motor vehicle designed and manufactured for operation on a golf course for sporting or recreational purposes Autonomous Vehicle - ANS Any vehicle equipped with autonomous technology Autonomous Technology - ANS Technology installed on a motor vehicle that has the capability to drive the vehicle on which the technology is installed without the active control or monitoring by a human operator Laned Highway - ANS A roadway which is divided into two or more clearly marked lanes for vehicular traffic Limited Access Facility - ANS A street or highway especially designed for through traffic and over, from, or to which owners or occupants of abutting land or other persons have no right or easement, or only a limited right or easement, of access, light, air, or view by reason of the fact that their property abuts upon such limited access facility or for any other reason; such highways or streets may be parkways from which trucks, buses, and other commercial vehicles are excluded; or they may be freeways open to use by all customary forms of street and highway traffic Private Road or Driveway - ANS Except as otherwise provided in paragraph (77)(b), any privately owned way or place used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons State Road - ANS Any highway designed as a state maintained road by the Department of Transportation Roadway - ANS That portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder; in the event a highway includes two or more separate roadways, the term roadway as used here refers to any such roadway separately, but not to all such roadways collectively Street or Highway - ANS The entire width between the boundary lines of every way or place of whatever nature when any part thereof is open to the use of the public for purposes of vehicular traffic Intersection - ANS The area embraced within the prolongation or connection of the lateral curb lines; or, if none, then the lateral boundary lines of the roadways of two highways which join one another at, or approximately at, right angles; or the area within the vehicles traveling upon different highways joining at any other angle may come in conflict Crosswalk - ANS That part of the roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway, measured from the curbs or, in the absence of curbs, from the edges of the traversable roadway Sidewalk - ANS That portion of a street between the curb line, or the lateral line, of a roadway and the adjacent property lines, intended for use by pedestrians Bicycle Path - ANS Any road, path, or way that is open to bicycle travel, which road, path, or way is physically separated from motorized vehicular traffic by an open space or by a barrier and is located either within the highway right-of-way or within an independent right-of-way Serious Bodily Injury - ANS An injury to a person, including the driver, which consists of a physical condition that creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of a bodily member or organ Fatal Injury - ANS An injury resulting in an individual's death within a 12-month period after the traffic crash Incapacitating Injury - ANS Visible or non-visible signs of injury, such as a bleeding wound or distorted member, usually requiring transportation to a medical facility and hospitalization Non-Incapacitating Injury - ANS Visible or non-visible signs of injury or complaint of injury, not requiring transport from the scene Traffic Crash Management - ANS The process of getting pertinent information and determining the cause of the crash First Harmful Event - ANS First damage or injury producing event Area Of Collision (AOC) - ANS Where the first harmful event occurs What are the three phases of a crash? - ANS Pre-Collision At Collision Post-Collision Point of Perception - ANS When the driver becomes aware of a danger or hazard Pre-Collision Phase - ANS The earliest possible time the driver could have become aware of a potential danger or hazard Evasive Action - ANS Any action the driver takes to alter the speed or direction of a vehicle or to avoid a pedestrian, such as applying the brakes, turning the steering wheel, or moving out of the way Reaction Time - ANS The length of time between the point of possible perception and the start of the evasive action Point of No Escape - ANS The point in time when the crash is inevitable, regardless of the evasive action taken At-Collision Phase - ANS Begins with the time of the initial impact or contact Encroachment - ANS Occurs when two objects begin to enter the same space at the same time Maximum Engagement - ANS The point at which the vehicles or other objects are crushed together to the greatest extent Post-Collision Phase - ANS The point when the vehicles separate, either naturally or artificially Final Rest - ANS The point when all activities from the crash come to a halt Contact Damage - ANS Any vehicle damage resulting from the direct pressure of any object in a collision or rollover Induced Damage - ANS Any damage to a vehicle other than contact damage Pre-Existing Damage - ANS Any damage that existed before the crash Gouge - ANS A cut into the surface of the roadway where the surface material has been removed by some part from the vehicle Scrape - ANS A broad area of a hard surface covered with many scratches, striations, or streak marks made without great pressure by a sliding metal part Runoff - ANS A liquid pool, fluid trail, or line of flow from fluids escaping from a vehicle as a result of impact Debris - ANS Loose material strewn about the road as the result of a traffic collision Vehicle Dynamics - ANS The movement of vehicles during and after collision Surface Marks - ANS The marks created by a vehicle's tires at a crash scene Skid Mark - ANS The black mark left by a tire sliding while not free to rotate Incipient Skid - ANS Also known as impending skid mark is when the beginning point of breaking leaves a light discoloration, or shadow mark, on the roadway Intermittent Skid Mark - ANS A series of skid marks with long gaps (more than 15 feet) between heavy skid marks Skip Skid Marks - ANS A series of skid marks usually short in length with irregular intervals between them Offset Marks - ANS Skid marks indicating an abrupt change in the direction of a tire due to collision forces Anti-Lock Breaking System (ABS) Scuff Marks - ANS The patterns left by a vehicle with anti-lock brakes when a driver brakes hard Squeegee Mark - ANS A strip of dry pavement remaining after a vehilce skids on a wet road Furrow Mark - ANS A type of trench dug by locked tires moving across a soft surface such as gravel, sand, grass, or dirt Scuff or Yaw Mark - ANS Occurs when a vehicle loses tire traction as a result of entering a curve too fast or over steering Acceleration Scuff Marks - ANS Result from rapid acceleration and a sudden stop, causing the tires to produce gradually fading dark tire marks Tire Print - ANS A mark left by a tire rolling over a soft material such as sand, dirt, or a liquid on a hard surface, such as oil, and which leaves an identifiable pattern matching the tread of the tire Primary Factor or Primary Collision Factor - ANS What the first injury element or driving action was Field Sketch - ANS A rough drawing, not to scale, of the scene Crash Privilege - ANS The legal right of a driver to answer questions about a traffic crash and to give full information required to complete a crash investigation without fear of self-incrimination Changing of the Hats - ANS Going from a crash investigation to a criminal investigation, means the crash privilege no longer applies Wheel Witnesses - ANS People at a crash scene who may be used to establish that a suspect driver was behind the wheel of a vehicle involved in a crash Corpus Delicti - ANS "Body of the offense" which describes the principle that the officer must determine whether the elements of a criminal act are present and have probable cause to believe that the person to be charged committed the crime Hit and Run - ANS If one of the vehicles involved in a crash has left the scene Contributing Traffic Violation - ANS A violation that is a direct cause or contribution to the crash itself, such as a vehicle running a red light and striking another vehicle Non-Contributing Traffic Violation - ANS A violation that has no direct bearing on the cause of the crash, but is discovered during the crash investigation. Examples include an expired tag or seat belt violations Non-Traffic Violation - ANS Generally a criminal offense discovered during the crash investigation. An example would be a quantity of cocaine discovered by an officer while inventorying one of the wrecked vehicles Florida Uniform Traffic Crash Reports - ANS Used to report traffic crashes to the Department of Highway Safety and Motor Vehicles Types of Uniform Traffic Crash Reports - ANS HSMV 90010S- Long, Short, or Update Form HSMV 90011S Driver Report of Traffic Crash (self report) or Driver Exchange of Information Form Chapter 316 - ANS State Uniform Traffic Control: Definitions and Violations Chapter 318 - ANS Dispositions of Traffic Infractions Chapter 320 - ANS Motor Vehicle Licenses/Registrations Chapter 322 - ANS Driver Licenses Vehicle - ANS Every device in, upon, or by which any person or property may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks Warning Devices for Alerting and Directing Motorists - ANS Traffic Cones Vests Flares Barricades Message Boards Signs What do you do if there is no safe way to protect the scene? - ANS Place a roadblock 3 Types of Vehicle Damage - ANS Contact Induced Pre-Existing What mark is left from a vehicle with ABS? - ANS Incipient Skid Mark Instruments to Measure Evidence - ANS Rolling Measuring Wheel Fiberglass/Steel Measuring Tape Laser Measuring Device Carroll Doctrine - ANS An officer may search a vehicle if probable cause exists to believe the vehicle contains evidence of a crime. The officer is permitted by law to search any part of the vehicle where evidence of a suspected crime could reasonably be found and for which an arrest may be made There is NO right of refusal or implied consent issue in crashes resulting in a serious bodily injury or death of another driver, passenger, non-motorist, or pedestrian. - ANS True What must be completed at all crashes? - ANS Driver's Exchange of Information When must a Florida Traffic Crash Report Long Form be submitted to DHSMV? - ANS Within 10 days after completing an investigation When encountering a suspected DUI driver under the age of 21, the officers first actions should be? - ANS Conduct the DUI investigation. If the investigation does not result in a DUI arrest, but there is evidence that the driver has been consuming alcohol, you may then request a breath test to determine the driver's alcohol concentration. If the driver's alcohol concentration level is at or above 0.02, of if they refuse to submit to a breath test, their driver's license privilege will be suspended. What is the Blood Alcohol Concentration for Florida? - ANS 0.08 A person who is physically in, on, or around the vehicle is _____ of the vehicle and can be arrested for DUI - ANS Actual Physical Control What is distribution? - ANS The process by which the bloodstream carries alcohol to the body's tissues and organs. What is Breath Alcohol Concentration and why is it expressed in grams of alcohol per liters of breath? - ANS The limit at which an individual is presumed impaired and cannot legally operate a vehicle. It is expressed as grams of alcohol per 210 liters of breath. What should the narrative portion of the DUI arrest report start with? - ANS The first observation of the offender, continuing through the arrest, and ending with the incarceration or release of the person. Alcohol falls into what drug category? - ANS Central Nervous System (CNS) Depressants Field Sobriety Test can measure a persons ability to preform _____ and ______ tasks simultaneously. - ANS Mental & Physical The _______ course uses the term Driving While Intoxicated. - ANS NHTSA What is absorption? - ANS The process by which alcohol enters the bloodstream. What is expels? - ANS Alcohol is expelled through exhaled breath, sweat, tears, and urine. Which test consist of the instructions stage and the walking stage? - ANS Walk-and-Turn What does a Drug Recognition Expert do? - ANS They will be able to testify in court in great detail and provide expert opinions regarding drug impairment. What is the principle decision of phase 2? - ANS Should I have the driver exit the vehicle? What is the average rate of alcohol elimination for humans? - ANS .015 grams of alcohol per 100 milliliters of blood per hour. What is drifting? - ANS A straight-line movement of the vehicle at a slight angle to the road. NHTSA has identified how many cues? - ANS 24 What is overlapping? - ANS One drug affects some indicator of impairment, and the other drug has no effect whatsoever on that indicator. What is straddling a lane line? - ANS The vehicle is moving straight ahead with the center or lane marker between the left-hand and right-hand wheels. What is divided attention? - ANS The ability to concentrate on two or more tasks at the same time. What is a drug pertaining to DUI? - ANS Any substance that, when taken into the human body, can impair a person's ability to operate a vehicle safely. What do you look for in Horizontal Gaze Nystagmus? - ANS Involuntary jerking occurring as the eyes move toward the side. What is metabolism? - ANS The biological process by which the body breaks alcohol down into compounds that are eliminated. What are the 3 phases of DUI detection? - ANS 1) Vehicle in motion 2) Personal contact 3) Pre-arrest screening How many observable clues are there for the one leg stand? - ANS 4 How many observable clues are there for the walk-and-turn? - ANS 8 What is neurological nystagmus? - ANS An involuntary jerking of the eyes caused by a disruption of the central nervous system. What is the process of identifying and gathering evidence if a suspect should be arrested for DUI? - ANS DUI Detection Process What is the primary duty when you are investigating a DUI? - ANS To remove impaired drivers from the road to ensure public safety. What is pathological nystagmus? - ANS An involuntary jerking of the eyes which can occur as a result of brain tumors, other brain damage, or some diseases of the inner ear. What year was standardized Field Sobriety Test validated in Colorado, Florida, and California? - ANS Colorado: 1995 Florida: 1997 San Diego: 1998 Which phase should your DUI paperwork cover first? - ANS Phase 1 Vehicle in Motion (first observations of the offender) Blood Alcohol Concentration is expressed in terms of grams of alcohol per 100 ____ of blood? - ANS Milliliters What does being in physical control of a vehicle mean? - ANS Being physically in, on, or around the vehicle and has the capability to operate the vehicle. Is a DUI citation required to suspend a suspects license by the DHSMV? - ANS It must be completed accurately. This citation is not only a charging document; it is also required to authorize the DHSMV to suspend the person's driving privilege. What is implied consent? - ANS Florida law requires a lawfully arrested driver of a vehicle to take any breath, blood, or urine test requested by a law enforcement officer. What is the concept of being able to concentrate on two or more tasks at the same time? - ANS Divided Attention What is it called when a person has been using two drugs simultaneously from separate drug categories? - ANS Polydrug Use What is the principle decision of Phase 3? - ANS Do I have probable cause to arrest the driver? What does Florida's implied consent law requires of drivers? - ANS To take any breath, blood, or urine test requested by a law enforcement officer. What is a cue? - ANS A reminder, prompt or a signal to do something, e.g., take enforcement action or observe the vehicle more closely. What Field Sobriety Test has an Instruction Stage and a Balance and Count Stage? - ANS One-Leg Stand What are the 3 standardized Field Sobriety Tests? - ANS Horizontal Gaze Nystagmus (HGN) Walk-and-Turn (WAT) One-Leg Stand (OLS) While NHTSA uses the term Driving While Intoxicated, what does the state of Florida use? - ANS Driving Under the Influence (DUI) According to 316.00375 F.S. what is a vehicle? - ANS Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks with the exception of? What is elimination? - ANS When the body expels alcohol through exhaled breath, sweat, tears, saliva, and urine. What is a psychophysical test? - ANS Field sobriety tests that measure a person's ability to perform both mental and physical tasks simultaneously. What is prevention? - ANS The ultimate, lasting solution to the DUI problem, it will require a substantial amount of time to fully accomplish. What can happen if you cannot establish probable cause for a DUI arrest? - ANS Anything after the fact can be thrown out in court Who can you contact if you think you are dealing with a suspect who is impaired by drugs? - ANS Drug Recognition Expert Vehicle - ANS Every device, in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks Traffic Stop - ANS The lawful, temporary detention of an individual in a vehicle by a law enforcement officer for an investigative purpose What is the most frequent activity an officer will perform? - ANS Traffic Stop DHSMV - ANS Department of Highway Safety and Motor Vehicles 322.15 F.S. - ANS All people driving in Florida must have a valid driver's license from Florida What is DHSMV responsible for? - ANS Issuing driver's licenses, motor vehicle titles, license plates, and vessel registrations. It also oversees the Florida Highway Patrol Florida Driver's License - ANS The license issued to Florida residents who pass the DHSMV tests granting them the privilege to drive in Florida Class E Learner's License Color - ANS Yellow Class E License Color - ANS Green Commercial Driver's License (CDL)- Class A,B,C Color - ANS Blue How are licenses for drivers over the age of 21 formatted? - ANS Horizontally How are licenses for drivers UNDER the age of 21 formatted? - ANS Vertical Endorsement - ANS A special authorization printed on a Florida driver's license permitting a driver to drive certain types of vehicles or transport certain types of property or number of passengers Restriction - ANS Printed on a Florida driver's license, may limit a driver from operating certain types of motor vehicles or require that he or she meet certain conditions when driving any motor vehicle Informational Alerts - ANS That signal an officer about a person's health condition or public safety status Class A License - ANS Required for drivers of trucks or truck combinations with a Gross Vehicle Weight Rating (GVWR) of 26,001 lbs. or more, provided the towed vehicle is more than 10,000 lbs Class B - ANS Required for drivers of straight trucks with GVWR of 26,001 lbs or more Class C - ANS Required for drivers of vehicles transporting hazardous materials in sufficient amounts to require placards or vehicles designed to transport more than 15 people (including the driver), and with a GVWR of less than 26,001 lbs Class E - ANS Required for drivers of any non-commercial motor vehicle with a GVWR less than 26,001 pounds. This includes passenger cars, 15 passenger (including the driver) vans, trucks or recreational vehicles, and two- or three-wheel motor vehicles 50cc or less, such as mopeds or small scooters. Farmers and drivers of authorized emergency vehicles who are exempt from obtaining a commercial drive's license must obtain a Class E license Class E-Learner - ANS A driver with this license is limited to driving motor vehicles weighing less than 8,000 pounds. In addition, he or she must be accompanied by a licensed driver 21 years of age or older who occupies the closest seat right of the driver. The learner may initially drive only between the hours of 6 a.m. and 7 p.m. Three months after receiving the learner's license, the driver may drive from 6 a.m. to 10 p.m. A driver with a learner's license may not operate a motorcycle without a motorcycle endorsement V on a Driver's License - ANS Any honorably discharged US veteran may have a veteran designation placed on his or her driver's license or ID card D on a Driver's License - ANS Upon request by a person who has a developmental disability, or by a parent or guardian of a child or ward who has a developmental disability, DHSMV will issue an identification card exhibiting a capital "D" for the person, child, or ward Discriminatory or Biased-Based Policing - ANS The unequal treatment of any person including stopping, questioning, searching, detaining, or arresting a person solely or primarily because of the person's race, ethnicity, religion, gender, sexual orientation, or socioeconomic status What does the 14th Amendment guarantee? - ANS Every person within the United States equal protection under the law Mapp v. Ohio, 367 U.S. 643 (1961) - ANS The Supreme Court declared that no state can limit this constitutional right; every person is entitled to be treated the same under similar circumstances Minority - ANS The smaller segment of a population that differs from the majority by one or more characteristics Unknown Risk Traffic Stop - ANS A stop where the potential risk of the situation is not known Traffic Flow - ANS The general speed and direction of vehicle or pedestrian movement 4 Steps to Initiating the Stop - ANS 1) Follow the