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UTAH SFO FINAL WRITTEN EXAM WITH COMPLETE
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4th Amendment -Protection against Unreasonable Search and Seizure -Search warrants cannot be obtained without PC -Probable Cause Requirement
Grand Jury Indictment (5th Amendment) -Brown V. Ohio = Double Jeopardy
- Requires Charge -Determines PC if DEF committed a crime -Applies to Federal Law violations -State Law equivalent / preliminary hearing -Due Process -Right to remain silent -Right to just compensation (eminent domain)
Utah Court Case Law Location and how it applies to law
Searching the Utah Criminal Code Title 76
Phases of the Criminal Process
-Investigative Phase -Accusatory Phase -Pre-Trial Phase - Adjudicatory Phase -Sentencing Phase -Appeals Phase
Utah Supreme Court -Hears appeals from the Utah court of Appeals, First degree and Capital cases -"Court of Last Resort"
Definition of Ethics Well founded standards of right and wrong that prescribe what humans ought to do, usually in terms of rights, obligations, benefits to society, fairness, or specific virtues.
Unethical Behavior Malfeasance: Intentional wrong/unlawful conduct Misfeasance: Proper act, but done wrongful or injurious manner. Nonfeasance: Failure to carry our a duty that is expected. (Duty to Intervene)
Basic Components of Emotional Intelligence self-awareness, self-regulation, empathy, motivation, social skills.
Emotionally Intelligent Officer Conduct (Duty to Intervene) -Kneeling on Neck/Spine -Leaving cuffed individual in prone position -Punching/Striking cuffed individual
- Stored associations need not be based on accurate and logical information
Discovery of Implicit Associations Impossible/difficult to discover implicit biases through introspection, that is, by merely thinking about one's self to find one's implicit biases.
Challenges to Police/Community Interactions
**- Language barriers
- Fear due to actions of police in country of origin
- Federal immigration enforcement
- Lack of understanding of cultural differences
- Negative interactions with individual officers**
Possible Uses Of Reports ● Record facts into a permanent record
● Provide investigative leads
● Officer evaluation
● Assist officers before or during court appearances
● Provide statistical data
● Serve as reference material
Radio Procedures
- Pause and Listen
- Pre-plan what your going to say
- Short and Clear
- Voice Control
- Minimize Airtime
- Prioritize order of Information
- Listen for Badge #
- Listen for Priority Calls
- Listen for "ATL" or "BOLO"
Media Release Guidelines Release Adult: Name, Age, Sex, Residence City Minor: Age, Sex, Residence City
Do Not Release- Juvenile Names Names of seriously injured or deceased Any information detrimental effect on investigation
What is UCJIS? Computerized information service that unifies data from several separate sources and agencies.
DLD, DMV, SWW, NLETS, NCIC, UCCH
Body Contamination, Prevention, and Decontamination
Healthy: Motivation, Energy Drive,
Un-Healthy: Depression, Heart Disease, Disinterest
Forcible Entry To Make An Arrest USC 77-7-
Totality of Circumstances Immediate threat to the safety of officer / others Whether the subject resisting Time available for officer to make decision Seriousness of crime Whether the subject is attempting to evade or escape Danger subject poses
Sexual Assault Need Identification of the suspect
DT - Six Major Hazards Subjects Hands Relatives, Friends, Bystanders Escape Routes Officers Footing Cover/ Concealment for subject and officer
Gang Identifiers Arrested with or frequently observed with gang members
Tattoos Colors Photographed with Gang Members Gang Hand Signs Has name or writes gang graffiti Identified as gang member by reliable source Admits gang affiliation mga Preliminary Investigation Steps Request Medical Aid Determine if crime has been committed Preserve Crime Scene Identify Subject and Broadcast Identify Witness(s) Document Case and Gather Evidence Prepare a Crime Report Issue an ATL (Attempt To Locate) Transport Evidence Record all statements and confessions Credibility of Witness Relationship to Crime Scene Relationship to Victim/ Suspect The Reason for Informing Criminal History Any previous cooperation with Law Enforcement
First Officer on Scene Responsibilities
-Terry v. Ohio -requires probable cause before a weapons pat down is permitted -case law has held that in this context the term probable cause means reasonable suspicion
- able to confiscate weapons temporarily or permanently pending arrest.
Types of Legal Searches -Consent -Incident to Arrest -Search Warrant -Plain View -Exigent Circumstances -School -Automobile -Abandoned Property
Government Immunity Act (GIA) Protects officer from lawsuits under certain circumstances.
Types of Criminal Liability State and Federal Criminal Statute
Officers acting under color of law or badge of authority are subject to criminal liability for willfully depriving or conspiring to deprive another of a right protected by the Constitution of federal law. Harassment 76-5- An actor commits harassment if, with intent to frighten or harass another, the actor communicates a written or recorded threat to commit a violent felony. Automobile Homicide 76-5-207. An actor commits automobile homicide if the actor: (a) operates a moving motor vehicle in a negligent manner; (b) while using a wireless communication device in violation of Section 41-6a-1716; and (c) causes the death of another human being.
Patronizing A Prostitute 76-10-
An actor is guilty of patronizing a prostitute if the actor : (a) Pays or offers or agrees to pay a prostituted individual, or a person the actor believes to be a prostituted individual, a fee, or the functional equivalent of a fee, for the purpose of engaging in an act of sexual activity; or (b) Enters or remains in a place of prostitution for the purpose of engaging in sexual activity.
Kidnapping
person; (d) lewdness, in violation of Section 76-9-702; (e) sexual battery, in violation of Section 76-9-702.1; (f) lewdness involving a child, in violation of Section 76-9-702.5; or (g) voyeurism, in violation of Section 76-9-702.7. (3)(a)Except as provided in Subsection (3)(b), a violation of Subsection (2) is a third degree felony. (b)A violation of Subsection (2) is a second degree felony if the violation is committed in a dwelling. Child Abuse Reporting Requirements Must be reported if a continuous threat is present. Exclusionary rule applies if to be a one time occurrence and no further threat of abuse is present or identified Child Abuse -76-5- -Misdemeanor A,B, and C -Defenses apply: (A)in self-defense; (B)in defense of others; (C)to protect the child; or (D)to remove a weapon in the possession of a child for any of the reasons described in Subsections (4)(c)(iii)(A) through (C). To be Continued. Interference with a Public Servant 76-8- A person is guilty of interference with a public servant if the person: *** END (a)uses force, violence, intimidation, or engages in any other unlawful act with a purpose to interfere with a public servant performing or purporting to perform an official function; (b)obstructs, hinders, conceals, or prevents the lawful service of any legal process, civil or criminal, by any sheriff, constable, deputy sheriff, deputy constable, peace officer, private investigator, or any other person authorized to serve legal process; or
(c)on property which is owned, operated, or controlled by the state or a political subdivision of the state, wilfully denies to a public servant lawful:(i)free movement;(ii)use of the property or facilities; or(iii)entry into or exit from the facilities.
False Personal Informatio 76-8-
(1) A person commits a class C misdemeanor if, with intent of misleading a peace officer as to the person's identity, birth date, or place of residence, the person knowingly gives a false name, birth date, or address to a peace officer in the lawful discharge of the peace officer's official duties. (2)A person is guilty of a class A misdemeanor if he intentionally gives to a peace officer a name, birth date, or address of another actual person, knowing that the information is false and intending to cause the peace officer to believe that the information is accurate for the purpose of identifying the actor in connection with a citation or arrest made by the peace officer while acting in the lawful discharge of the peace officer's official duties.
Electronic Communication Harassment 76-9-
Misdemeanor - B = First Offense Misdemeanor - A = Second or subsequent offense
Felony Discharge of a Firearm 76-10-508.
(1) Except as provided under Subsection (2) or (3), an actor who discharges a firearm is guilty of a third degree felony punishable by imprisonment for a term of not less than three years nor more than five years if:(a) the actor discharges a firearm in the direction of one or more individuals, knowing or having reason to believe that any individual may be endangered by the discharge of the firearm;(b) the actor, with intent to intimidate or harass another or with intent to damage a habitable structure as defined in Section 76-6-101, discharges a firearm in the direction of any individual or habitable structure; or(c) the actor, with intent to intimidate or harass another, discharges a firearm in the
Alcoholic Beverage: (a)beer; or (b)liquor.
Beer: contains:(A)at least .5% of alcohol by volume; and(B)no more than 5% of alcohol by volume or 4% by weight; (ii)is obtained by fermentation, infusion, or decoction of:(A)malt; or(B)a malt substitute
Behavioral Crisis
- Formal coping mechanisms fail
- The person in crisis, therefore, because of his or her loss of control, may perceive himself or herself as confused, vulnerable, anxious, afraid, angry, guilty, hopeless, and helpless. Perceptions often are altered, and memory may be distorted."
Down Syndrome a condition of intellectual disability and associated physical disorders caused by an extra copy of chromosome 21. Can be identified my smallish hands, oval shaped eyes, partially flattened nose, non-verbal.
Benefits of CIT
- Reduction of criminal recidivism by mental health consumers
- Dispositions of mental health calls are more appropriate
- Officer injury and use of force rates are reduced
- Officers are better trained to understand legal and liability issues surrounding mental health response.
- Mental Health consumers and their family members report having positive experiences with CIT-certified officers.
Goals of CIT
- Better De-escalation
- Integration with mental health response system
Mental Health Illness and Recovery It is estimated that with a combination of pharmacological and psychosocial treatments, between 70 and 90% of individuals have reduced symptoms and improved quality of life. At times, mental illness cannot be overcome through willpower. Early identification and treatment are critical for an individual to begin the recovery process. Substance Abuse and Mental Health Act 26B-5-
"Mental health facility" means the Utah State Hospital or other facility that provides mental health services under contract with the division.
Acute Behavioral Disturbance Definition of Hyperactive Delirium with Severe Agitation
" a life- threatening constellation of signs and symptoms with numerous causes …. The combination of [symptoms] raises serious concerns for rapid physiologic deterioration and death particularly in patients with underlying comorbidities (e.g., coronary artery disease, obesity, asthma)." Definition of Acute Behavioral Disturbance
It generally presents with mood, thought, or behavioral symptoms and signs and may be transient, episodic, or long-standing. It may be medically or psychiatrically caused and may represent a person's inadequate ability to cope with social, domestic, or environmental stresses. The use of illegal drugs or alcohol may accompany an episode of acute disturbance or be causative. The acute disturbance can involve threatening or actual violence towards others, the destruction of property, emotional upset, physiological distress, active self-harming behavior, verbal abuse, hallucinatory behavior, disinhibition, disoriented, or confused behavior and extreme physical over-activity."
Psychological Behaviors typically displayed, Paranoia and agitation, Disorientation, Hallucinations and delusions, Psychotic in appearance
Communication Behaviors typically displayed Screaming for no apparent reason Pressured, loud, incoherent speech-mumbling Grunting; guttural sounds Talking to invisible people Irrational speech
Types of Trauma -Acute Single -Chronic Multiple Events -Complex series of more than one type of trauma- abuse -System Induced Trauma as a result of institutional action
- Vicarious Exposure indirectly to any of above trauma
Functional and Dysfunctional Conflict Functional = healthy conflict, leads to positive outcomes FLOW Dysfunctional = unhealthy, stressful and confrontational, between individuals or groups Conflict Dynamics Cognitive - Perception
Emotional - Feeling Behavioral - Action Motivational Conflict Approach - Approach Avoidance - Avoidance Approach - Avoidance Multiple Approach - Avoidance
Ways to Depolarize Amygdala Reaction to Confrontation Mindfulness - paying attention Stay in the Now Let go of charged emotion around confrontation Pay attention to what is seen, where, and why Control Breathing
Citizen Canary Contact Clearing a room for a citizen canary requires merely an attention to detail as far as looking for those things that might lead one to believe that a dog has been present in the area - food/water bowls, tie-out chains/cables, dog bones, dog toys, etc.
Judging the risk associated with the presence of a citizen dog involves judging time and urgency constraints thus making a calm non-threatening approach to a dog.
