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kletc test 1
na
76
Law
Professional
01/11/2015

Additional Law Flashcards

 


 

Cards

Term
Identify Circumstances that require a search arrant prio to searching
Definition

If government conduct is involved

and

The Suspects Expectations of Privacy

Term
What is the factual basis necessary to permit a lawful stop
Definition
Reasonable Suspicion
Term
When is an exigent search authorized
Definition

Violent nature of the crime

Suspect believed to be armed

A clear showing of PC suspect is on premises

Suspect may Flee

Peaceful circumstance AND possible loss or distruction of evidence

Term
When is HOT PURSUIT authorized
Definition
When a suspect flees into a premises creating exigent circumstances.
Term
What is the EXCLUSIONARY RULE'S effect on Law Enforcement function in KS?
Definition

Any evidence you obtain improperly, and evidence you derive from that evidence iwll be surpressed.  Then the suspect will be free to go.

 

Term
Define EXCLUSIONARY RULE?
Definition
This rule penalizes Law Enforcement by barring the prosecution from using improperly obtained evidence and will also supress "Fruit of the Poison tree"
Term
Define Exigent Circumstances
Definition

Emergency Circumstances, that a reasonable person ould believe entry was necessary to prevent physical harm to another person or the suspect themselves, or the destruction of relevant evidence.

Suspect escape.

Term
Define how the Constitution limits police poer and tests the courts apply in order to determine if an arrest exist
Definition

Probably cause must exist prior to the arrest.

Knowledge and facts that sufficiantly warrant reasonable belief, not reasonable suspicion.

Term
Identify persons authorized to issue arrest warrants
Definition

Ks State Supreme Court Justice

KS Court of Appeal Judges

District Court Judges and Magistrates

Municipal Court Judges

Term
Define Probable Cause to Arrest
Definition
Law Enforcement officer is aare of the facts to create probability that the person arrested committed a crime, through evidence.
Term
Define why it is necessary to avoid making an arrest prior to obtaining sufficient facts to probable cause
Definition

Civil Liability

4th admendment violations

and

case dismissal

Term
Identify factors considered in establishing probable cause to arrest
Definition

Physical Evidence

Information by other Law Enforcement Officers

Other Police Records

Witness Statments

Physically Seeing Happen

Prior Experience

Term
Define the evidence required to issue a non traffic citation?
Definition
Probable Cause
Term
When is it necessary to have a warrant to make a lawful arrest?
Definition
If probable cause is not immediately present
Term
What is curtilage?
Definition
A well defined area immediately around a residence here there is a reasonable expectation of privacy.
Term
What is the 1st Admendment
Definition
Freedom of Religion, Speech, Press, Petition and Assembly
Term
What is the 2nd Admendment
Definition
Right to Bear Arms
Term
What is the 3rd Admendment
Definition
Quartering of Soldiers
Term
What is the 4th Admendment
Definition
Search and Seizure
Term
What is the 5th Admendment
Definition
Self incrimination, Double Jeopardy and Due Process
Term
What is the 6th Admendment
Definition
Rights of the Accused
Term
What is the 8th Admendment
Definition

Cruel and Unusual Punishment

Excessive Bail and Fines

Term
What is the 14th Admendment
Definition

Due Process

Prevents states from taking any action that would deprive people of certain fundamental rights by the Federal Constitution

Term
What is the Role of the Supreme Court as the interpreter of the Constitution
Definition
They are the final arbiter of the constitutional interpretation in this country.  They have the final say overall other brances of the Government on whether something is constitutional or not
Term

Define the criteria required to use police power to detain a person for investigative purposes

 

Definition

Standard of proof

Resaonable suspicion a crime is, has or is about to occure.

Term
Identify the difference beteen a voluntary conversation and Temporary Detention.
Definition

Voluntary Encounter: Individual is not forced to answer and feels free to go.

The officer has neither said nor done anything that ould make a reasonable person feel that they could not go or disregard the officers request.

 

Temporary Detention:  A suspect subits to legal authority or the officer gains physical control over them.

Term
What is needed for a warrant
Definition

If the search is to be a product of governmental conduct.

 

Does the individual hold an expectation of privacy?

 

IS that expectation of privacy one that society will recognize?

Term
Identify when an arrest can be made without a warrant
Definition

The officer has a felony warrant commanding arrest.

 

The officer has PC to believe that a warrant has been issued for a felony.

 

The officer has pc to believe the person is commiting or has commited:

1-A felony

2-A misdemeanor and believes:

suspect will flee or destroy evidence

will cause damage to property or self injury

the suspect has injured another person

Term
Why is ethical conduct important for Law Enforcement Officers
Definition

Career Survival

Media Coverage

Community view of Agency

In house Dissention

Personal Stress

Term
What is Ethics
Definition
A code of values by which we live. Relates to what we consider "right" and "wrong"
Term
What is values
Definition

Beliefs upon which our actions and decisions are made.

 

Living in a manner true to your beliefs.

Term
What Types of Values are there
Definition

Personal

Professional

Organizational

Society

Term
What is integrity
Definition

Living in a manner true to your beliefs

"Walking the Talk"

Term
What is professionalism
Definition
The conduct or qualities that characterize a profession.
Term
What are some causes of unethical acts
Definition

Ugly internal politics

Inadequate background investigations

Inept FTO programs

Poor Role Models

Term
Why are ethical standards higher for Law Enforcement Officers
Definition

Protectors of society

Power and authority

Enforcers of the law

Role Models

The oath of office

Term
What is the punishment for a felony
Definition

Death or imprisonment

over 1 year in state penal institution

Term
What is the punishment for a misdemeanor
Definition
Less than one year in country jail
Term
Identify the sources of criminal law including the common law, statutor law, constitutional law and appellate court decisions.
Definition

Common Law is developed by a judge in each case

 

Constitutional law sets up fundamental rights.

 

Statutory law is legislative enactment

 

Appellate Court are bingin published decisions that interprets legislative law

Term
In KIBRS what forms are required for GROUP A Offenses
Definition

Offense Report

 

Arrest Report

Term
In KIBRS what forms are required for Group B Offenses
Definition

Arrest Report

Unless its Domestic Violence then an offense report also

Term
Identify KIBRS jurisdictional reporting rules
Definition
If your agency starts the report you finish it.
Term
Who Doesnt report to KIBRS
Definition

Railroad Police

Private Security

Term
Identify the purpose of KIBRS
Definition
Standarization data base for reported crimes, stolen property and MO.
Term
What is the revelence of fitness to officer survival issues
Definition
A fit officer has more options with the level of force to use.  They are more likely to avoid injury when struggling.  Recover from injuries faster and is more confident in their abilities.
Term
what is the purpose of a cool down session.
Definition
Gradually reduces the tempature of your muscles and helps avoid a chance of injury, stiffness and soreness.
Term
What are the benefits of warming up
Definition

Decreases chance of injury

Lubricates joints

Reduces post excercise soreness

Offers psychological prep

 

Term
What are the benefits of stretching?
Definition

Increase flexibility

Increase Range of Motion

Improve circulation

Reduce Stress

Term
What are 5 aerobic sports
Definition

Running/Jogging

Swimming

Biking

Cycling

Circuit Course

Term
What deos stregnth training increase and/or improve
Definition

Metabolism

Muscle Mass and Stregnth

Stamina

Funtional Mobility

Balance and Cordination

Mental Alertness

Less chance of injury

Tendon and Ligament Strength

Personal Appearance

Term
what is the pulse training rate
Definition

220- your age

Percentage of what ones maximum pulse rate can be.

Term
What are risk factors for cardiovascular diesease
Definition

Increaseing age

Male

Heredity

Smoking

High Cholesterol

High Blood Pressure

Physical Inactivity

Obesity and Overweight

Diabetes

Term
Define Fitness
Definition
Ability to carry out regular daily task with vigor and alertness with out undue fatigue and ample energy to enjoy leisure time and respond to emergencies.
Term
Define Professionalism
Definition
The conduct or qualities that characterizes a profession
Term
Define the factors that contribute for probable cause
Definition

To have pc to arrest:

The officer must be aware of facts sufficient to create a fair probability that the persons to be arrested committed a crime;

same as reasonable susupicion but it has EVIDENCE other than the officers own observations.

Term
How do the courts tell that an arrest exist
Definition
When the Law Enforcement Officer restrain a suspects liberty beyon the degree for an investigory stop, the seizure can become an arrest.
Term
What are the FACTs constituting REASONABLE SUSPICION
Definition
Crime IS, HAS or is ABOUT TO BE committed
Term
What is the criteria required to detain a person for investigative purposes
Definition
Reasonable Suspicion
Term
Why is the 4th admendment in arrest proceedures
Definition
It guarantees the rights of the people to be secure in their persons, homes and effects agains UNreasonable search and seizure.
Term
What is an officers general duties when making an arrest
Definition

Announce your purpose

Identify  the official capacity in which you are acting

and the reason for arrest

Term
Define PC to Arrest
Definition
Must have reasonable BELIEF, rather than reasonable suspicion, that the subject committed the crime.
Term
What is a Statute
Definition
It is a legislative Law
Term
Where do statues come from
Definition
Kansas Legislator
Term
What is the relevence of Statues to Law Enforcement Officers
Definition
It is the laws we enforce.
Term
Where does the Constitution come from
Definition
Adopted Soveirgn power in the 18th Century
Term
What is the constitution
Definition
Framework or the blueprint for a government
Term
How is the Constitution relevant to Law Enforcement officers
Definition

It is cruicial to understand the pricipals to avoid civil liability

 

It also is imperative to follow to assure evidence is admissible in court.

Term
What is the PURPOSE of the COnstitution
Definition

Form a perfect union

Establish Justice

Insure domestic Tranquility

Provide for a common defense

Term
Define the BIll of Rights
Definition

Its the first 10 admendments

Contains the bulk of fundamental rights, which form a baisis for much of our case and statutory law.

Term
Why does the bill of rights apply to the states
Definition
14th admendment says that the rights apply to citizens of every state.
Term
what are circumstnaces when Impoundment and inventory is authorized
Definition

When it is written agency policy.

 

Term
What is the factual basis needed for a FRISK (PAT DOWN)
Definition
Reasonable Suspicion
Term
Which circumstances do not constitute a search covered by the 4th Admendment
Definition

Locations open to the public

Abandoned property

Plain View

Vehicles

Garbage

Commercial Property

Bathroom stall

 

Term
Describe a suppression hearing
Definition

Defendant moves to suppress

 

Prosecution must prove there was no violation.

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