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246th KLETC Week 1
Week 1 Flash Cards
61
Law
Not Applicable
05/28/2017

Additional Law Flashcards

 


 

Cards

Term
First Amendment
Definition
Freedom of Speech, Religion, Press, Petition, & Assembly.
Term
Fourth Amendment
Definition
Search & Seizure.
Term
Fifth Amendment
Definition
Self-Incrimination, Double Jeopardy, & Due Process.

"Pleading the Fifth"
Term
Eighth Amendment
Definition
Protects against cruel & unusual punishment & Excessive bail & fines.
Term
Fourteenth Amendment
Definition
Right to Due Process, Which prevents citizens from being illegally deprived of life, liberty, or property.
Term
Seizure-Restricting someone's liberty by:
Definition
Using physical force or a show of authority.
Term
Examples of Seizures:
Definition
Physical contact by officer

Presence of multiple LEO's

Brandishing weapon

Commanding tone of voice

Use of sirens or flashers

Attempting to control ability to flee
Term
Five Standards of proof
(The Pyramid)
Definition
Absolute Proof

Beyond a reasonable doubt

Probable Cause/Reasonable Belief

Reasonable Suspicion

Gut Hunch
Term
Define Reasonable Suspicion
Definition
Facts based on training, education, & experience that leads you to suspect a crime has, is, or is about to be committed.
Term
Factors of Reasonable Suspicion
Definition
Time

Location

Clothing

Demeanor

Body Language

Behavior

Smell
Term
Why is ethical Law Enforcement important?
Definition
Career Survival.

Media Coverage.

Community views of the agency.

In-House dissension.

Personal stress.
Term
Elements that don't provide reasonable suspicion on their own:
Definition
Flight.

Anonymous Tip.

Race, ethnicity, gender, etc.

Refusal to give name/ID voluntarily.
Term
Probable Cause
Definition
Facts AND Circumstance based on training, education, & experience that leads an officer believe a crime has, is, or is about to be committed.
Term
With Probable Cause you can:
Definition
Arrest a suspect.

Retrieve an arrest warrant.

Retrieve a search warrant.
Term
What are your general duties in making an arrest?
Definition
Announce Purpose/Capacity.

Give Reason for arrest.
Term
With Probable Cause when can you arrest someone?
Definition
24/7-Anytime day or night 7 days a week.

All necessary and reasonable force may be used.

Need not retreat if met with resistance.
Term
When can you arrest someone without a warrant?
Definition
Probable cause a felony warrant exists.

Person has committed crime in LEO's view.

Person has committed or is committing a felony.

Person has committed committing a misdemeanor & there are exigent circumstances.
Term
When does the 4th Amendment apply?
Definition
Search was a product of governmental conduct.

Individual has an expectation of privacy.

The expectation to privacy is one recognized by society.
Term
Where is there an expectation of privacy?
Definition
On/In a:

Person

House

Papers

Effects(Personal Items)
Term
When something is exposed to the public it has a:
Definition
Lesser Expectation of privacy.
Term
Examples of increased expectation of privacy:
Definition
Closed Blinds

Privacy Fence
Term
Determining Abandonment:
Definition
Is there any evidence that an individual has retained a reasonable expectation of privacy over the place/object.

If it's abandoned there's no expectation of privacy.(Trash, Anything thrown out)

If not in possession doesn't always mean it's been abandoned. (Lost purse/wallet, "Abandoned" house)
Term
Curtilage
Definition
Immediate area surrounding the home

How often the area is used

Steps taken by the resident to protect area from others-(Privacy)
Term
Conspiracy
Definition
Agreement between two or more people to commit a crime AND an overt act towards that crime. (Buying explosives to blow up someone's house)
Term
Attempt
Definition
Intent to commit a crime

Overt act towards the crime

Failure to commit crime
Term
Assault
Definition
Knowingly placing another in fear
Term
Aggravated Assault
Definition
Assault plus one or more of the following:

Use of a deadly weapon.

Being disguised in any way to conceal your identity.

With intent to commit a felony.
Term
Battery
Definition
Knowingly/Recklessly causing bodily harm to another person.

Knowingly causing physical contact with another person in a rude, angry, or insulting manner.
Term
Aggravated Battery
Definition
Knowingly/Recklessly causing great bodily harm to another person.

Knowingly/Recklessly causing bodily harm with a weapon.

Knowingly causing physical contact with another person in a rude, angry, or insulting manner with a weapon.
Term
Bodily Harm
Definition
More than bumps, bruises, and scratches but less than life threatening/life crippling.
Term
Great Bodily Harm
Definition
Life threatening/Life crippling
Term
Domestic Battery
Definition
Battery plus:

The victim is a family member or household member.
Term
Four mandatory arrests
Definition
Any Battery

DUI

Fleeing/Attempt to allude

Stalking
Term
Battery against a school employee
Definition
Battery plus:

The victim is a school employee on school property, or at a school sponsored event, and is currently on the job.

Must be a K-12 employee
Term
Disorderly conduct
Definition
One or more of the following acts that a person knows or should know will alarm, anger, or disturb others OR provoke an assault or other breach of peace.

Brawling/Fighting

Disturbing a lawful meeting or assembly

"Fighting Words" or engaging in noisy conduct to purposefully alarm, anger, or stir resentment in others.
Term
Criminal threat
Definition
Communicated threat to commit violence with the intent to cause fear; or cause the evacuation, lock-down, or disruption of ongoing activities.

Adulteration/Contamination of food, beverage, or drugs.

Exposing any animal to a contagious or infectious disease.
Term
Aggravated Criminal Threat
Definition
Evacuation/Lock-down/Disruption of activities occurs.
Term
Kidnapping
Definition
Taking or confining a person by force, threat, or deception with intent to hold such person:

For ransom, or as a shield/hostage

To facilitate flight or commission of any crime.

To inflict bodily injury, or to terrorize the victim or another person.

To interfere with the performance of any governmental or political function.
Term
Aggravated Kidnapping
Definition
Kidnapping plus:

Bodily harm is inflicted upon the person kidnapped
Term
Define Fitness
Definition
Ability to perform physical activities with enough reserve for emergency situations without undue fatigue and with ample energy to enjoy leisure time.
Term
Top Six Major Causes of Death in the U.S.
Definition
Heart Disease

Cancer

Stroke

Lung Disease

Accidents

Diabetes
Term
Define Habits associated with good health
Definition
Exercise & Nutritional balance

Exercise reduces risk of adverse health problems

Some activity is better than none
Term
Risk Factors for cardiovascular disease
Definition
Increasing Age

Male Sex(Gender)

Heredity(Including Race)

Tobacco smoke

High cholesterol

High blood pressure

Physical Inactivity

Obesity/overweight

Diabetes
Term
Dietary guidelines for healthy balance of food
Definition
Watch what you eat

Balance caloric intake, exercise, & diet

Food Pyramid-Eat various nutritional foods and add exercise
Term
Demonstrate taking your pulse
Definition
Heart Rate Monitor

Neck(Carotid Artery)

Wrist

Start with zero, take pulse for 30 seconds, multiply by two.
Term
Training Pulse
Definition
The target zone for physical activity

For moderate activity 50-70% of max heart rate

For intense activity 70-85% of max heart rate
Term
Benefits of Strength training
Definition
Metabolism

Muscle Mass & Strength

Stamina, Energy, & Endurance

Functional Mobility

Balance & Coordination

Mental Alertness

Ability to perform challenges of daily life w/ less chance of injury

Muscle Strength, Tone, & Firmness

Strength of tendons/ligaments

Bone density & Strength

Personal appearance
Term
Identify healthy body fat levels
Definition
Use BMI formula:

[(your weight) x 2] divided by (your height in inches) divided by ( your height in inches again)

Below 18.5=Underweight

18.5-24.9=Normal

25-29.9=Overweight

30 and above=Obese
Term
Benefits of stretching
Definition
Increase Flexibility

Increase Range of Motion

Improve Circulation

Reduce Stress
Term
Benefits of Aerobic Exercises
Definition
Greater endurance

Enhanced circulation

Lower Blood pressure
Term
Five Basic Aerobic Sports
Definition
Running/Jogging

Brisk Walk

Cycling

Swimming

Circuit Course
Term
Benefits of warming up
Definition
Slow-to-moderate activity that prepares body for sustained activity

Warms muscles & decreases risk of injury

Lubricates joints & increases elasticity of connective tissue

Reduces soreness & tightness after exercising

Psychological prep before workout
Term
Purposes of a cool down
Definition
Lower Body temperature after vigorous exercise

Gradually lowers and slows down heart rate

Controlled breathing & good posture; continue until heart rate lowers then relax

Stretch after cool down & remember to re-hydrate to stay more flexible
Term
Relevance of Fitness to Officer Survival
Definition
Suspect will reconsider resisting a physically fit officer

Job routine doesn't maintain physical condition

Physically fit officers are more confident in their abilities

Officer is more likely to avoid injury when an offender is resisting.

Fit officer has more options in the level of force used to overcome an offender.
Term
What is the Constitution?
Definition
The United States Constitution embodies the fundamental principles of our government. Our Constitution, adopted by sovereign power, is amendable by that power only. All laws, executive actions, and judicial decisions must conform to the Constitution.
Term
Where does the constitution come from?
Definition
The Constitution was written in the 18th century. The Bill of Rights, or first Ten Amendment to the Constitution, was not adopted until 1791. The Bill of Rights contains the vast bulk of fundamental rights, which for the basis for much of our case and statutory law.
Term
How is the Constitution relevant to LE?
Definition
As Law Enforcement officers, you are sworn to uphold the Constitution. Understanding constitutional privileges is crucial to avoid civil liability. Also, to assure evidence is admissible in criminal matters.
Term
Identify the Development and purpose of the Constitution (Articles)
Definition
Article 1-Legislative Branch

Article 2-Executive Branch

Article 3-Judicial Branch

Article 4-Relations Between the states(Full Faith and credit clause)

Article 5-The Amendment Process

Article 6-General Provisions, Supremacy of the Constitution(Supremacy Clause)

Article 7-Ratification Process
Term
Define the Bill of rights and why it applies to the states
Definition
It was not until the 1960's that the US Supreme Court became heavily involved involved in interpreting how the Bill of Rights applied to the actions of LE Officers.

The Bill of Rights encompasses much of what you will have to face as LE officers. Issues involving search and seizure, confessions, use of force and the First Amendment, are just a few practice applications of the Bill of Rights.
Term
Sixth Amendment
Definition
Rights of the accused in a criminal manner:

speedy and public trial

right to jury trial

rights of confrontation and compulsion

right to counsel

jurisdiction

right to an attorney

informed of nature of charges
Term
Identify the Role of the US Supreme Court as the interpreter of the Constitution
Definition
The United States Supreme Court has the power to determine the constitutionality and therefore, the validity of the acts of the other branches of government. Therefore, the United States Supreme Court is the final arbiter of constitutional interpretation in this country.
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