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DCJS Exam
As a result of DWI unintentionally causes death of another person - โ โ Involuntary manslaughter DWI suspect must submit to breath test (not preliminary) within how long of arrest? - โ โ 3 hours If breath test is not available or not feasible - โ โ Blood test Driving commercial vehicle while intoxicated - โ โ Class 1 misdemeanor for BAC .08 or above BAC .04 or more = class 3 misdemeanor Preliminary Breath Test (PBT) - โ โ Must offer to DUI suspect prior to arrest Voluntary Will not be brought up in court unless suspect or lawyer challenges probable cause Suspect can see the results after the test PBT for commercial drivers - โ โ Mandatory Implied consent - โ โ Chemical testing must occur within 3 hours of DWI arrest Within 2 hours of DWI arrest for commercial drivers license holders Who maintains custody of blood from blood tests - โ โ The arresting officer
Refusal of tests - โ โ Refusal to take breath or blood test (not PBT) after being read implied consent Suspect charged with refusal When can you issue a summons instead of a DWI arrest? - โ โ If DWI suspect has been taken to get medical treatment Administrative License Suspension - โ โ 1st offense: 7 days 2nd offense: 60 days 3rd offense: until trial Driving on suspended license - โ โ Class 1 misdemeanor DWI vs. Reckless driving charges - โ โ Do not charge DWI suspect with reckless driving in addition to DWI; judge may drop DWI and take reckless DUI Checkpoints - โ โ Must follow a clear, pre-determined plan Poison Help Line - โ โ 800-222- Good Samaritan Law - โ โ LEOs are protected by this law, enabling them to render aid to those who are unable to give consent (unconscious) Arterial Bleeding vs. Vein Bleeding - โ โ Arterial: blood spurting out, hard to control Vein: heavy blood flow Victim Compensation Fund - โ โ Eligible if victim of felony, A&B, stalking, DWI crash victim
arrest), PC vehicle search (Carroll), vehicle inventory search, plain view, exigent circumstances (hot pursuit, destruction of evidence, escape of suspects) What affects interpersonal communication? - โ โ Verbal tone, facial expression, volume, length of sentences, clarify of the meaning of words, check periodically to make sure you are understanding what is being communicated Father of Modern Policing - โ โ Sir Robert Peele Peelian Principles - โ โ Ethical requirements police officers must follow to be effective 9 principles Public approval Willing cooperation of public Constantly demonstrate impartial service to law Use physical force only when persuasion, advice, and warning have proven insufficient What is the test of police efficiency? - โ โ The absence of crime and disorder How many classes of felonies and misdemeanors? - โ โ 6 classes of felonies 4 classes of misdemeanors Punishments for felonies and misdemeanors - โ โ Felonies: always prison time and fines; death for capital murder
Misdemeanors: jail time and/or fines Criminal vs. Civil Offenses - โ โ Criminal: violation of local ordinances, federal or state statutes; resulting in fines, jail, or prison Civil: violations of administrative matters, not statutes; resulting in money owed Purpose of Juvenile Court - โ โ Divert juveniles from the criminal justice system, consistent with public safety, for those that can be helped with alternative programs When a juvenile can be taken into custody - โ โ Detention order PC for felony Any misdemeanor in LEO presence Not in LEO presence: shoplifting, A&B, weapon on school property Run away Child in need of services or supervision Child in need of mental health treatment Exculpatory vs. Inculpatory Statements - โ โ Exculpatory: exclude from guilt Inculpatory: incriminating Branches of Government - โ โ Legislative Executive (law enforcement) Judicial
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Reasonably induce fear in the mind of another Discharging firearm in public - โ โ City, street, town, any place of public gathering Charges worsen if person harmed or near/on school property Sawed off shotgun - โ โ Barrel length < 18 inches for smooth bore < 16 inches for rifled bore Sawed off rifle - โ โ Barrel length < 16 inches Overall length <26 inches Use/display firearm in commission of felony - โ โ Separate charge from initial felony Adds on prison time Possession / Transportation of firearms by convicted felons - โ โ Convicted felon or delinquent of most serious felonies (murder, rape, abduction, robbery with firearm) Class 6 felony Purchase/possess/transport firearm by someone adjudicated legally incompetent or mentally incapacitated - โ โ Class 1 misdemeanor Possession/transportation of firearms by non-US citizen - โ โ Always a felony Purchase/transport firearm by subject of protective order - โ โ Class 1 misdemeanor
Reckless handling of firearm - โ โ Endanger life, limb, property of another Class 1 misdemeanor Allow children access to firearms - โ โ Class 1 misdemeanor Discharge firearm into occupied dwelling - โ โ Class 4 felony Class 6 felony if not done maliciously Hunting while under the influence of alcohol or drugs - โ โ Class 1 misdemeanor Shooting on or near roadway - โ โ Class 4 misdemeanor Handling a crime scene - โ โ Ensure safety of victims / witnesses Determine time lapse Notify supervisor, DPSC ID victim if possible Do not touch evidence Document everything 3 types of crime scene photos - โ โ Overall, midrange, close up 3 types of evidence - โ โ Testimonial: oral testimony Documentary: photos, records, videos, certificates of analysis Physical: guns, knives, blood, fingerprints Enhancing fingerprints - โ โ Oblique lighting
Hallucinogens - โ โ Alter mood and perceptions LSD, mushrooms, PCP, ecstacy Resource for when you discover pills on traffic stop - โ โ Drugs.com Possession or distribution of controlled paraphernalia - โ โ Misdemeanor Needles, glassine envelopes, gelatin capsules Related to controlled drugs not marijuana Dangers associated with clandestine labs - โ โ Toxicity, chemical hazards, flammability, potential for explosion Chain of custody - โ โ Have as few people as possible handle evidence Anyone who handles evidence must be subpoenaed to court When are Miranda Warnings required? - โ โ Anytime someone is in custody and subject to questioning Miranda Warnings - โ โ You have the right to remain silent Anything you say can be used against you in court You have the right to an attorney If you cannot afford an attorney, one will be provided for you Miranda waiver must be given - โ โ Voluntarily, knowingly, intelligently
Stalking - โ โ On more than 1 occasion Conduct places victim in fear of death, criminal sexual assault, injury Class 1 misdemeanor Indicators of Abuse - โ โ Brusing, frequent injuries Inappropriate clothing for the weather Always hungry, asking for food Reports from reliable witnesses Lack of age appropriate sexual behavior / knowledge Mandatory Reporters - โ โ LEOs must report all cases of suspected abuse to CPS or APS within 24 hours School personnel, medical personnel (not protected by HIPPA) Field Show Up - โ โ Bring victim/witness to ID suspect in person Time is a key factor, make sure witness/victim has ability to ID Photo spread - โ โ Administrator must not know who the suspect is Match suspects physical description Photos must all be similar in background, coloring, etc. EPO in Domestic Assault Cases - โ โ If LEO has PC for domestic assault, must also seek EPO Stalking EPO - โ โ Issued by judge or magistrate
LEO may remove license plates when... - โ โ The vehicle has defective brakes, lights, horn, windshield wipers, turn signals, muffler, vehicle unsafe overall DUI Punishments - โ โ 1st offense: class 1 misdemeanor 2nd offense in 5 years: 1 month - 1 year in jail 2nd offense in 10 years: at least 1 month in jail 3rd offense in 10 years: class 6 felony, minimum 1 year prison 4th or subsequent in 10 years: minimum 1 year in prison Vehicle solely owned and operated by accused during commission of felony violation DWI - โ โ Subject to seizure and forfeiture Habitual Offenders - โ โ Driving after being adjudicated a habitual offender Class 1 misdemeanor: if driving itself does not endanger life, limb, property of another Felony: if driving behavior endangers life, limb, property of another Seat belt laws - โ โ 18 and older must use shoulder and lap restraints ($25 fine) This is a secondary offense, cannot be reason for stop Child Safety Seat - โ โ Under 18 years old, safety belts required Child seat for all children under 8 Rear facing child seats can only be in the back seat
This is a primary offense ($250 fine) Driving while Intoxicated - โ โ Per se: BAC .08 or above OR Under the influence of drugs or alcohol and ability to operate motor vehicle safely is impaired
