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NRE 3201: EXAM 2
community partnerships |
collaborative partnerships between the law enforcement agency and the individuals and organizations they serve to develop solutions to problems and increase trust in police.
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Organizational transformation |
the alignment of organizational management, structure, personnel and information systems to support community partnerships and proactive problem solving
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community policing--problem solving |
the process of engaging in the proactive and systematic examination of identified problems to develop and rigorously evaluate effective responses
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game wardens and community policing (past) |
-lived in the area
-CEFS classes
-close relationship with game clubs
-names and phone numbers were in the hunting and fishing guides
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game wardens and community policing (today) |
-officers still assigned areas and stay in those areas for long periods of time
-constituents are more diverse and mobile
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Enforcement strategies 1. proactive enforcement |
-the use of highly visible, random and frequent patrols
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enforcement strategies 2. targeted enforcement |
-enforcement efforts directed toward a specific activity
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enforcement strategies 3. Criminal investigations |
-collection of evidence and information for arrest and prosecution
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Enforcement strategies 4. accident investigations |
-collection of evidence and information for arrest and prosecution and accident prevention
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enforcement strategies 5. public outreach and education |
-increasing public awareness to prevent crimes and accidents
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BTO |
increase public awareness of outdoor recreation opportunities and initiatives by establishing consistent messaging regarding mission, events and public safety
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AIP |
Establish a process that will coordinate existing staff to create a common EC message to promote outdoor recreation. Done through press interaction, publications and social media by May 15, 2016
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AIP #2 (new) |
form team to assist with development/schedule of social media messages that correlate BTO.
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4th amendment |
-the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
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Search and seizure |
-a hunt by law enforcement officers for items believed to be evidence of a crime and the taking possession of those items
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warrants must have __ and supported by __. must __ place to be searched and person or things to be seized |
probable cause; supported by oath or affirmation; particularly describe
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probable cause |
-facts and circumstance that would lead a reasonably intelligent and prudent person to believe that specific items are on a person or on or within a certain place or thing
-that a certain person had committed a crime
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reasonable expectation of privacy |
-in their person
-personal property
-house
-business offices
...qualified expectation of privacy in automobiles
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reasonable expectation of privacy defintion |
an expectation of privacy generally recognized by society
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no reasonable expectation of privacy |
knowingly expose to the public
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subjective expectation of privacy |
an opinion of a person that a certain location or situation is private
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4th amendment protection follows the person not the place (two part test) |
-person must exhibit an actual expectation of privacy
-that expectation must be reasonable
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house (term) |
all quarters where a person may be staying or living, whether permanent or temporary
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limited expectation of privacy |
-hotels, motels, boarding houses
-bedrooms within a home
-common areas within a home
-guest bedroom within a home
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curtilage |
The area around a home into which home life extends
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Hart v Myers |
-cops found guilty but were able to have lead way with the subject
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fruits of crime |
all property that is acquired through a criminal act
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instruments of cimre |
anything used in the commission of a crime
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contraband |
anything the possession of which is in itself a crime
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mere evidence |
anything that constitutes evidence of the crime
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evidence must be__ to be admissible in court |
legally acquired
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law enforcement must be __ for discovery and seizure to be legal |
legally in place
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exclusionary rule |
illegally obtained evidence is not admissible in court
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Weeks v U.S. (1914) |
established the exclusionary rule
-applied it to federal law enforcement
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Mapp v. Ohio (1961) |
applied exclusionary rule to state law enforcement
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Officers may seize items without a warrant |
-immediately apparent is evidence or contraband, found in plain view during a lawful observation
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three criteria for taking things without a warrant |
-legal right to be there
-detected through normal senses
-discovery is by chance
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Arizona v. Hicks |
-investigating a shooting in an apartment
-must have probable cause to invoke the plain view doctrine
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State v. Leonard |
-furtive movement
-a movement reasonably consistent with going for a weapon
-or attempting to hide something
-not reasonably consistent with anything else
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abandoned property |
-no right to privacy in property that is thrown away
-two part test
(expectation of privacy in area abandoned, Is the expectation reasonable
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Abel v US |
-items left in hotel room considered abandoned
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California v Greenwood |
-4th amendment does not prohibit the warrantless search and seizure of garbage left for collection outside the curtilage of a home
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3rd party searches |
-evidence obtained through search by private citizen and be used in court
-provided person not acting as agent of police
-4th amendment does not apply to private citizens
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Exigent circumstances |
-require immediate action
-imminent danger to person, destruction of evidence, suspect may escape, need readily apparent to reasonable person, may enter without a warrant, may enter with warrant without knocking and announcing
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Brigham city v stuart |
-may enter without a warrant with objectively reasonable belief that occupant is seriously injured or imminently threatened with such injury
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US v. Cephas |
May enter to prevent destruction of evidence
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Open Fields Doctrine |
-expectation of privacy is less in unoccupied or undeveloped areas outside curtilage of home
-even if posted against trespass
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open fields doctrine |
persons expectation of privacy is less in unoccupied or undeveloped areas outside the curtilage of home
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Important factors to remember related to curtilage |
-proximity of area to the home itself
-is area within an enclosure surrounding the home
-nature of use of the area
-steps take to protect the area from observation
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consent search |
-no warrant or probable cause needed
-must be freely and voluntarily given (no coercion)
-person has right to refuse
-person may revoke consent at any time
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police not required to inform person that they have-- |
-the right to refuse
-have the right to leave
-to give person opportunity to revoke
-person giving consent must have authority
-if revoked must stop immediately
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third party consent |
-common authority over property or effects
-USE is not required
-Apparent authority rule
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community caretaker function |
-to safeguard unattended valuables
-to check the welfare of the occupants
-must show necessity
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search incident to lawful arrest (officer safety is first) |
-search within wingspan
-search for weapons
-search for others in home
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protective sweep |
quick and limited search of premises incident to arrest for officer safety
-reasonable belief based on articulable facts
-cursory in nature
-limited to visual inspection of places where person could hide
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motor vehicle exception |
-must have probable cause
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inventory search |
-must be clearly established by policy
-follow guidelines in policy
-written inventory of all items
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terry search |
quick search of a person's outer clothing for weapons
-must reasonable belief person is armed
-stop and frisk
-goal is prevention violent crime and protection of officer
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arrest defined |
-requires either physical force or submission to authority
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legal arrest |
an arrest is legal if it is made pursuant to the issuance of an arrest warrant based on probable cause
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evidence |
any item or piece of information relevant to an investigation
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Terry pat-down |
articulable suspicion that the suspect is armed and dangerous
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standard of proof that must be met evidence in a criminal prosecution |
-beyond reasonable doubt
-highest standard
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civil litigation |
-preponderance of the evidence
-one side has more evidence in its favor
-lower burden of prood
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why a higher burden of proof for criminal procedings |
-deprivation of a liberty
-death penalty
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physical evidence |
items of non-living origin (ex. shell casing)
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biological evidence |
bodily fluids or tissues
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Direct evidence |
establishes fact without further analysis
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eyewitness identification |
-controversial
-steps have been taken for proper procedures
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circumstantial evidence |
requires further analysis and explanation to establish fact
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class characteristics |
evidence that can only be associated with a group (ex. finger prints, DNA, ballistics)
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collecting evidence basics |
-dont contaminate it
-dont break it
-dont loose it
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evidence tag inormation |
-date collected
-time collected
-case number
-description
-location found
-officer identification
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goals of investigation |
-determine if a crime occurred
-identify the victim
-reveal events of crime
-collect evidence
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search patterns |
-spiral
-grid
-strip
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two aspects of crime scene search |
-mechanical aspect
-thinking aspect
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interstate wildlife violators compact |
-can't hunt in another state w/ license if crime in another state
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purpose of interstate wildlife violators compact |
-allows officers to cite and release nonresident violators versus custodial arrest or posting of cash bond
-prevent poachers who are under revocation in one state from hunting, etc in other states
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Dr. Henry Lee |
set up forensic science laboratory for criminalist
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case reports |
must be complete, thorough, free of errors.
-signed by officer
-reviewed and signed by supervisor
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case reports reside |
at agency
-full copy goes to prosecutor along
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exculpatory |
a term usually applied to evidence that will clear or tend to clear from guilt.
-if the police turn over all information, the have done their due dilligence
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court process |
-in ct, the assistant states attorney prosecutes criminal cases
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plea bargain |
dismiss some charges to get a guilty plea on others
-substitute charges
-guilty plea/bond forfiture with deal on the penalty phase
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hearings |
evidence suppression hearing
-probable cause hearing
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contraband evidence must be __ |
destroyed
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disposition of some evidence is determined by __ |
judge
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weapons usually ordered to destroyed and melted down into __ |
manhole covers
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juvenile |
under 18 yr
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criminal arrests for juveniles |
-issued a juvenile summon
-sent to juvenile court, town where reside
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miranda rights |
need to be in custody and asked questions in order for miranda rights needing to be stated
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