Shared Flashcard Set

Details

KLETC
Test 1 review
54
Law
Graduate
09/29/2009

Additional Law Flashcards

 


 

Cards

Term
Where does the constitution come from?
Definition
It was adopted by the sovereign power. Written in the 18 century.
Term
What is a constitution?
Definition
The framework or blueprint for a government.
Term
How is the constitution relevant to Law Enforcement?
Definition
It is crucial to understand the principles to avoid civil liability.
Following it is imperative to assuring evidence is admissable in criminal matters.
Term
What is the purpose of the US Constitution?
Definition
Form a perfect union
Establish Justice
Insure domestic tranquility
Provide for the common defense
Term
Define the Bill of Rights.
Definition
First 10 amendments.
Contains the bulk of fundamental rights, which form the basis for much of our case and statutory law.
Term
Why does the bill of rights apply to the states?
Definition
The 14th amendment. Says that the rights apply to citizens of every state.
Term
What is the 1st amendment?
Definition
Freedom of speech, religion, press, petition, and assembly
Term
What is the 2nd Amendment?
Definition
The right to bear arms
Term
What is the 3rd Amendment?
Definition
Quartering of Soldiers
Term
What is the 4th Amendment?
Definition
Search & Seizure
Term
What is the 5th Amendment?
Definition
Self Incrimination, Double Jeopardy, and Due Process
Term
What is the 6th Amendment?
Definition
Rights of the Accused
Term
What is the 8th Amendment?
Definition
Cruel and Unusual Punishment. Excessive bail and Fine
Term
What is the 14th Amendment?
Definition
Due Process. (Prevents states from taking any action that would deprive people of certain fundamental rights guaranteed 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 over all other branches of the government on whether something is constitutional or not.)
Term
What is an officers general duties when making an arrest?
Definition
Announce your purpose, the official capacity in which you're acting, and the reason for the arrest.
Term
Why is the 4th amendment important in arrest procedures?
Definition
It guarantees the rights of people to be secure in their persons against unreasonable search and seizures.
Term
What is the difference between a voluntary encounter, or a temporary detention?
Definition
VE- individual should feel free to leave. TD- individual doesn't feel free to leave
Term
What is the criteria required to detain a person for investigative purposes?
Definition
Reasonable Suspicion
Term
What are the facts constituting reasonable suspicion?
Definition
That a crime is, has, or is about to be committed.
Term
How do the courts tell that an arrest exists?
Definition
When the police restrain a suspect's liberty beyond the degree for an investigory stop, the seizure can become an arrest.
Term
Define the factors that contribute for PC to arrest.
Definition
To have PC to arrest, the officer must be aware of facts sufficient to create a fair probability that the person to be arrested committed a crime. (Same as reasonable suspicion, but it has evidence other than the officers own personal observation.)
Term
Define PC to Arrest.
Definition
Must have reasonable belief, rather than reasonable suspicion, that the subject committed a crime.
Term
Why is it necessary to avoid making an arrest prior to obtaining sufficient facts for PC?
Definition
To avoid false arrests, civil suits, and case dismissals.
Term
Who can issue an arrest warrant?
Definition
Kansas Supreme Court Judges, Kansas Court of Appeals Judges, District Court Judges, and Magistrates
Term
When can an arrest be made without a warrant?
Definition
PC for a felony
PC for a mideameanor, and the LEO has PC to believe that:
person or evidence will be irretrievably lost
person may cuase injury to himself or others
person has inflicted bodily harm to himself or others
any crime besides a traffic violation that has been committed in the LEO's view
Term
When is it necessary to have a warrant to make a lawful arrest?
Definition
Term
When can an arrest be made without a warrant?
Definition
When an officer has reasonable belief that a crime is, was, or will be committed if it is a felony. if a misd. crime must have been committed in officers presence or person will not be apprehended or evidence will be lost, S may cause injury to self or others or damage to property, or S intentionally inflicted bodily harm.
Term
When is it necessary to have a warrant to make an arrest
Definition
When no probable cause exists that a person has committed, will commit, or is committing a crime.
Term
Define Exigent circumstances and when these circumstances exist.
Definition
Emergency circumstances to enter a residence to make an arrest: violent nature of crime, S reasonable believed to be armed, "clear showing" of PC that Subject committed the crime, "strong reason" to believe subject is on the premises, likely subject will flee if not arrested, if peaceful entry is made, entry to be made in daytime.
Term
Why are the highest ethical standards held for LEO's?
Definition
They are-Protectors of Society, Power of Authority, Enforcers of the law, Role Models, and have an Oath of Office
Term
What are the sources of law that LEO's obtain their authority?
Definition
The Constitution. State Statute. Ordinances. Court Rulings
Term
Where are law enforcement power and authority derived?
Definition
1. The People
2. The Constitution
3. The Laws
4. The Agency head
5. The Agency policys
Term
Define Ethics
Definition
The Code of values by which we live. Relates to what is considered right and wrong.
Term
Define Values
Definition
Beliefs upon which our actions and decisions are made
Term
Define Integrity
Definition
Living in a manner true to your beliefs
Term
Define Professionalism
Definition
the conduct or qualities that characterize a profession
Term
What is Fitness?
Definition
The ability to carry out regular daily tasks with vigor and alertness, without undue fatigue, and with ample energy to enjoy leisure time pursuits and respond to emergencies.
Term
What are the risk factors for cardiovascular heart disease?
Definition
Increasing age, Male, Heredity, tobacco smoke, high blood cholesterol, high blood pressure, physical inactivity, obesity and overweight, and Diabetes
Term
What is a training pulse rate?
Definition
It is the percentage of what ones maximum pulse rate can be. You find this by subtracting the persons age by 220.
Term
What does strength training increase and/or improve?
Definition
Metablosim, Muscle mass and strength, Stamina, functional mobility, balance and coordination, mental alertness, less chance of injury, tendon and ligament strength, and personal appearance.
Term
What are the benefits of stretching?
Definition
Increases flexibility, increased range of motion, improved circulation, can relieve stress.
Term
What are the 5 basic aerobic sports?
Definition
Running/jogging, Brisk walking, Cycling, Swimming, Circuit course
Term
What are the benefits of warming up?
Definition
Decreases chance of injury, lubricates joints, reduces post exercise soreness, offers psychological preparation.
Term
What is the purpose of a cool-down session?
Definition
Gradually reduces the temperature of your muscles and helps avoid chance of injury, stiffness, and soreness.
Term
What is the relevance of fitness to an officers survival issues?
Definition
A fit officer has more options with level of force to use. They are more likely to avoid injury when struggling. Recovers from injurioes faster. A fit officer is more confident in their abilities.
Term
What is the purpose of KIBRS?
Definition
Establish a standardized reporting system
Term
What agencies in this state are not required to report KIBRS to the KBI?
Definition
Tribal Police, Railroad police, and Private security.
Term
What are the KIBRS' reporting standards for jursistictional reporting standards?
Definition
Whoever starts it finishes it.
Term
What forms need to be completeled for Group A offenses?
Definition
KSOR and KSAR
Term
What forms need to be completed for group B offenses?
Definition
KSAR
Term
What are the sources of Criminal law? ex. Common, Constitutional, Statutory, and appellate court decisions
Definition
Common- Developed by a judge in each case.
Constitutional- Sets fundamental rights
Statutory- Legislative enactment
Appellate- Binding published decisions interprets legislative laws
Term
What is the relationship between state statutes and the constitution?
Definition
Statutes/laws must conform to the constitution.
Term
What are the punishments for a felony and a misdemeanor?
Definition
Felony- death or imprisonment over 1 year in state penal constitution.
Misdemeanor- less than 1 year in county jail
Supporting users have an ad free experience!