Phase 1 Study Guide PDF

**[Phase I Study Guide -- WCTC Police Academy]** ***[I-B Fundamentals of Criminal Justice ]*** **I-B-1.1 Explain the structure, function and jurisdiction of the federal court system.** +-----------------------+-----------------------+-----------------------+ | U.S. Supreme Court | U.S. Circuit...

**[Phase I Study Guide -- WCTC Police Academy]** ***[I-B Fundamentals of Criminal Justice ]*** **I-B-1.1 Explain the structure, function and jurisdiction of the federal court system.** +-----------------------+-----------------------+-----------------------+ | U.S. Supreme Court | U.S. Circuit Court of | Federal District | | | Appeals | Court | +-----------------------+-----------------------+-----------------------+ | APPEALATE COURT | APPEALATE COURT | TRIAL COURT | | | | | | - Washington D.C. | - 13 Federal | - 94 Districts | | | regional circuits | | | - 9 justices (life | | - 2 in WI | | terms) and 1 | - WI is 7^th^ | (Eastern- | | chief judge | circuit | Milwaukee + | | | (Chicago) | Green Bay and | | - At least 4 | | Western- | | justices vote to | - 11 regional | Madison) | | hear a case | circuits and | | | | then | - Federal Laws | | - Majority vote (5) | Washington | | | decides the case | D.C. and one | - Disputes between | | | bigger one | residents or | | - *Writ of | | companies between | | certiorari --* | - Appealed from the | 2 different | | petition for the | Federal District | states | | court to hear a | Courts | | | case | | | | | - A decision from | | | - This court is the | one circuit has | | | highest court of | NO precedential | | | the land and the | bearing on the | | | final decision | other circuits | | | | | | | - Make an | | | | impact on | | | | everyday life | | | | | | | | - \"case law\" | | | | | | | | - An appeal court | | | | that DOES hear | | | | evidence and | | | | testimony | | | +-----------------------+-----------------------+-----------------------+ Notes: - All judges in federal system are appointed for life terms. **I-B-1.2 Explain the structure, function and jurisdiction of the state court system.** +-----------------------+-----------------------+-----------------------+ | Wisconsin Supreme | Wisconsin Court of | Wisconsin Circuit | | Court | Appeals | Court | +-----------------------+-----------------------+-----------------------+ | APPEALATE COURT | APPEALATE COURT | TRIAL COURT | | | | | | - Madison, WI | - 4 Districts:\ | - Each County has | | | I: Milwaukee\ | their own circuit | | - 7 Judges (10 yr. | II: Waukesha\ | court | | terms) | III: Wausau\ | | | | IV: Madison | - 6 Counties | | - *Writ of | | share | | certiorari --* | - 6 year terms | | | petition for the | | - Some Counties | | court to hear a | - Most cases | have multiple | | case | decided on a 3 | branches | | | judge panel | (I.e. | | - Highest Court of | | Milwaukee | | WI Constitution | - Decision of one | with 47 and | | | district is | Waukesha | | - Performs | binding to the | with 12) | | regulatory | rest of the state | | | functions | | - Elected Judges | | | | | | - Fair and | | - Criminal | | efficient WI | | complaint needed | | court system | | | | | | - Proof beyond a | | - Regulates | | reasonable doubt | | legal | | needed to convict | | professions | | | | in WI | | | +-----------------------+-----------------------+-----------------------+ Notes: - Appeals courts will NOT take testimony or evidence, simply establishes if the person had a fair court proceeding at the lower level through court records. **I-B-1.3 Explain the structure, function and jurisdiction of municipal court.** - Article 7 of the U.S. Constitution: municipalities have the authority to form courts - De-criminalized (can NEVER hear a crime!) - Many municipalities adopt state statutes: usually it is up to the officer to decide whether to charge them with the state statute or the ordinance (based on severity, demanor, etc.) - I.e. Disorderly conduct is an ordinance violation as well as a state statute in Waukesha - Nearly 250 municipal courts in WI - several municipalities may join together to form a municipal court - Counties do not have municipal courts - Judges are elected (do not need to be an attorney) - Jurisdiction: municipal ordinance violations - Monetary forfeiture - Defendants not entitled to free legal representation - May be in custody for the ordinance, but it is not a criminal matter - Burden of proof: Preponderance of evidence **I-B-3.1 Recognize the role of law enforcement officers in protecting individual rights, preventing crime and providing public safety services.** - Social Contract theory: legitimacy of the state derive from an (explicit or implicit) agreement by individual human beings to surrender (some of all) of their private rights in order to secure the protection and stability of an effective social organization or government. - Bill of rights (Manga Carta) - basic human rights - U.S. and WI Constitution - Preventing crime: being proactive, distributing crime news, patrolling and creating a presence - Providing public service to all (I.e. helping someone change their tire on the side of the road) **I-B-3.2 List the government's expectations of law enforcement officers.** - Adequate training - Protect rights - Be fair and just - Follow policies and standards - \"Maintain order and uphold the law without violating due process\" **I-B-3.3 List community expectations of law enforcement officers.** - Equal access/equal treatment - Justifiable actions - Preservation -- not judging of life - No private gain - No selective enforcement - Teamwork (with peers, other agencies, and the community) **I-B-4.1 Describe the major federal law enforcement agencies and their respective areas of enforcement.** - U.S. Department of Justice- *lead agency for the enforcement of federal laws* - Federal Bureau of Investigations (FBI) -*bank robberies, certain kidnapping and hostage situations, counter and anti-terrorism efforts, assist local law enforcement.* - Integrated Automated Fingerprint System (IAFIS) - National Crime Information Center (NCIC) - Drug Enforcement Administration (DEA) -*enforce controlled substance laws and regulations* - U.S. Marshals Service -- *enforcement arm of federal courts* - houses federal detainees, manages witness protection program and asset forfieture program - Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) -*reduce crime involving firearms, explosives, acts of arson, and illegal trafficking of alcohol and tobbacco products* - Department of Homeland Security (DHS)- *deter terrorist attacks (umbrella organization)* - U.S. Customs and Boarder Protection (CBP)- *border security* - Secret Service- *president, vice president, families, head of state, and etc. protection. Financial crimes. Computer based attacks on financial, banking and telecommunications* **I-B-4.2 Describe the role of the Sheriff and Sheriff's deputies in Wisconsin.** - Charge & custody of county jail - Statutorily, all counties must have a jail maintained by the sheriff - Keep a register of all prisoners committed to any jail - Attend upon the circuit courts (bailiff) - Serve and execute all processes, writs, process and orders - Deliver all property and prisoners to the sheriff\'s successor - Traditionally considered the chief law enforcement officer in the (unincorporated) county - All of these duties are outlined in the WI State Constitution **I-B-4.3 Describe the role, jurisdiction, and enforcement powers of Wisconsin's state enforcement and investigative agencies**. Jurisdiction: Within the state. Enforce state statutes. - Department of Justice/ Criminal Investigation -- *investigates crimes that are statewide in nature* - Arson Bureau/State Fire Marshal\'s Office -- *investigates fire and explosions* - Narcotics Bureau -- *stopping the flow of drugs to and from WI -- all counties get this service* - Investigative Services Bureau -- *liaison to the FBI\'s Violent Criminal Apprehension Program* - Wisconsin Statewide Information Center (WISC) - *fusion center* - Gaming Enforcement Bureau -- *WI Lottery, pari-mutuel betting, Indian gaming, Bingo and illegal gaming, charitable gaming* - Public Integrity Bureau- *investigates public employees and their alleged violations of state statutes while they were acting in their official capacity* - Computer Crimes Unit - Financial Crimes Unit - Internet Crimes Against Children Task Force (ICAC) - State Patrol- *patrol state highways and respond to highway crashes or serious incidents* - Crash Reconstruction - Commercial Vehicle Inspections - Criminal Interdiction and Homeland Security - Aerial Surveillance - Training/Local Assistance - Department of Natural Resources (DNR) - *state and federal laws that protect and enhance WI natural resources* - Department of Corrections (DOC)- *oversee 20 adult institutions/prisons* - LOCATOR- detailed offender information to law enforcement **I-B-4.4 Describe the role, jurisdiction, and enforcement powers of municipal law enforcement agencies.** - Sheriff (See Objective \"roles of the Sheriff\") - Any municipality with a population of 5,000+ must provide police protection services - Doesn\'t matter how they obtain protection (contract a PD or Sheriff, create a PD) - Need to have a board of commissioners to oversee agencies with at least 3 members - Enforce ordinances and state statutes **I-B-5.1 Define community-oriented policing.** - Combining traditional policing with preventions measures, community engagement, problem solving and community partnership - Work together to learn what is happening in the community - Goals: to reduce court time and have more effective officers on the street - Why: Brings community together & stronger - Deter Crime - Change reputation of the police with positive interactions - Components: - Police and community - Organizational transformation: alignment of structure - Community partnership - Problem solving (proactive and systematic way) - Crime prevention (proactive policing) - Examples: - Neighborhood watch - Foot, bike, horse patrol, getting outside of squad - Coffee with cops - Benefits/challenges: - \+ community trust, information, resources - -- need work and effort from both sides **I-B-6.2 Explain the four steps of the SARA (scanning, analysis, response, and assessment) model of problem solving.** - S: Scan data for patterns - A: Analysis of problem - R: Response -- new ways/ ask other communities - A: Assessment of plan, cost, effectiveness - Identification & analysis of specific crime & disorder problems in order to develop effective response strategies in conjunction with ongoing assessment - Crime Triangle: Suitable target; Likely offenders; Time & Space **I-B-6.4 List the benefits and challenges to problem-oriented policing.** - Benefits: - Forms strategy to tackle a problem - Gives you a method to follow - Opens the door to community oriented policing - Crime triangle = investigative and preventative **I-B-7.1 Explain the "Broken Windows" policing strategy and identify the advantages and disadvantages of using this strategy.** - Cracking down on small crime to create a more positive community atmosphere and prevent serious crime - Changing the mentality so people realize that they can\'t even get away with petty crime - \+ Creates a sense of pride in the community - \- need a lot of support from both police and citizens - holds the citizens responsible mainly **I-B-7.2 Explain the "Intelligence-led" policing strategy and identify the advantages and disadvantages of using this strategy.** - Agencies gathering intelligence and sharing that information within their agencies and other local, state, and federal agencies to stop crime - Concept: based on community oriented policing and problem solving and compstat - Example: WSIC → Wisconsin statewide information center: works with federal, state, local, tribal and campus as well as fire service, emergency management, public health, military and private security agencies - 6 Steps: - Planning and direction (identify outcomes to achieve) - Collection (surveillance, CI, public records, etc.) - Processing/collation (software programs) - Analysis (deriving meaning from data) - Dissemination (getting info to those who need it) - Reevaluation (determine effectiveness) **I-B-7.3 Explain Chicago's Alternative Policing Strategy (CAPS) and identify the advantages and disadvantages of using this strategy.** - Mission: the program brings police, local government agencies and the community together to prioritize problem and prevention efforts in 5 Chicago neighborhoods (Englewood, Marquette, Austin, Morgan Park, and Roger's Park) - Identify Problems & prioritize them - Analyze info about offenders, victim & crime locations - Design a strategy - Implement strategies - Evaluate effectiveness - Community brings information to the police at the district meetings ***[I-C Critical Thinking and Problem Solving ]*** **I-C-1.1. Analyze different methods used to make decisions.** - Routine -- decisions that are day-to-day - I.e. which way to take to work, what to eat for breakfast - Impulsive - 50/50 chance, \"flip a coin\" - Reasoned -- balance out the pros and cons before deciding - How much time you need to decide vs. How much time you have to decide - Too much time: decision paralysis - Not enough time: need help making decision - Gordon Graham and his risk management for Law Enforcement +-----------------------------------+-----------------------------------+ | High Risk | High Risk | | | | | Low Frequency | High Frequency | +===================================+===================================+ | Low Risk | Low Risk | | | | | Low Frequency | **High Frequency** | +-----------------------------------+-----------------------------------+ - How often you do it vs. The risk of it - You want to train more on High Risk + Low Frequency **I-C-1.4 Describe pitfalls or traps when making decisions**. - Anchoring: focusing on information already given - Status Quo: staying with something that is familiar - Justifying past actions: making decisions off of past mistakes - Inference & Assumptions: jumping to conclusions - Vagueness & Ambiguity: lack of understanding/clearness - Opinion vs. fact: skew ability to be objective - Heuristics: use of unconscious routines to cope with inherent decision making **I-C-2.1. Define critical thinking.** - The disciplined art of ensuring that you are using the best thinking you are capable of in any set of circumstances - [Purposeful], [reflective], and [careful] evaluation of information to improve your judgement **I-C-2.2. Identify essential aspects of critical thinking.** - Characteristics: - Ask appropriate questions - Defining a problem - Examining evidence - Analyzing assumptions and biases - Avoiding emotional reasoning - Avoiding oversimplification - Considering other interpretations, - Tolerating ambiguity - Aspects: - Dispositions - skeptical, open minded, respect of evidence oand reasoning, will change positions when reason leads them to do so - Criteria - assertions based on relevant, accurate facts, credible sources, unbiased, free from logical fallacies, consistent, and strongly reasonsed - Argument- a statement or proposition with supporting evidence - Reasoning - infer a conclusion from one or more premises - Point of view - the way that one views the world, critical thinkers use many different points of view - Procedures for Applying Criteria - using many procedures like asking questions, making judgements, and identifying assumptions - Metacognition -- thinking about thinking **I-C-2.3. Examine Emotional Intelligence (EI) and Multiple Intelligence (MI) concepts.** - Emotional Intelligence: the ability to recognize your emotions, understand what they are telling you, and realize how your emotions affect those around you. - Self-awareness - understand emotions and don\'t let their feelings rule them - Self-regulation - control emotions and impulses - Motivation - willing to deter immediate results for long-term success, highly productive - Empathy - being able to identify with the wants, needs, and viewpoints of those around you - Social Skills - easy to talk to and likeable - Multiple Intelligence: theory that people possess different kinds of minds and therefore learn, remember, perform, and understand in different ways: - Linguistic intelligence (word smart) - Logical-mathematical intelligence (number/reasoning smart) - Musical intelligence (music smart) - Bodily-kinesthetic intelligence (body smart) - Visual-spatial intelligence (picture smart) - Interpersonal intelligence (people smart) - i intelligence (self smart) - Naturalist intelligence (nature smart) **Additional Notes:** - Decision making must be legal, ethical, moral and safe - Recognize factors that influence decision making: - Federal, state, local law, codes, statutes, and ordinances - Case law - Department policy - Training - Time and safety ***[I-Z Ethics I: Individual Character, Values and Ethics ]*** **I-Z-2.2 Define community trust.** - Mutual respect and collaborative relationship between law enforcement and citizens **I-Z-2.3 Explain the importance of personal moral maturity and individual character as a law enforcement officer.** - Law enforcement profession is held to a higher standard of behavior because they are empowered to apply force and remove privileges when lawfully justified - *Public will not separate your personal life from your professional life; as such, you are a highly visible role model* - NYC\'s keys to professionalism: - Discretion (unbiased) - Oral communication - Written communication - Perception (how the public sees you) - Ethics (do the right thing always) - Huntington\'s Three Principles: - Corporateness - Only those who qualify are allowed entry into a profession - Professionals have a duty to police each other - Must maintain standards of performance and the sense of service - Responsibility - Officers serve society - Society is diverse + training must account for this diversity - Expertise - Officers must be proficient in both technical and communication skills - Developing and maintaining expertise is both on the officer and agency - The five "I's" of police professionalism - Integrity --do the right thing always - Intellect - higher schooling and developing skills - Industry - looking for results rather than just going through the motions - Initiative - making things happen - Impact - influencing others and situations - Other concepts: - Respect - show it and earn it - Appearance - look the part - Demeanor - calm and authoriative - Diligence - complete assigned tasks carefully and thoroughly, do all follow up - Competence - knowledge and skill to do the task at hand - Attitude - positive, helpful, and respectful **I-Z-3.2 Review multiple ethical decision making models**. - Virtue Ethics: - Puts character above all else - courage, compassion, wisdom, and temperance - Avoids greed, jealousy, and selfishness - Utilitarianism: - Maximizing happiness and minimizing amount of suffering *around* you. - Happiness + suffering created by a person\'s actions is what really matters - Kantianism: - Principles of ones actions \> results of an action - Treat everyone with respect - Motivated by the right principles and overcome \"animal instinct\" to be ethical - Contract theory: - Agreements between people - Doing the right things = abiding by agreements that members of a rational society would choose - Not necessarily about character, consequences, or principles, but about society as a whole - Care ethics: - Relationships are fundamental to ethical thinking - In order to act right, you must build, strengthen and maintain strong relationships - ASCT Model: - Alternatives -- any alternative options? - Stakeholders - people that are affected by the decisions? - Consequences -- what good/bad is likely to happen from each alternative? - Telling - is your action something you would be proud to talk about? - Ethical Filters - PLUS Model: - Policies - is it consistent with the organization? - Legal - is it lawful? - Universal - does it conform to the universal morals of my organization? - Self - does it satisfy my personal definition of right, good and fair? *Additional Notes:* - 4 types of police officers - Avoider -- unwilling to engage the community productively. Avoiding people in bad neighborhoods because you don't think they are worth \"saving\" - Enforcer -- typecasts people as good or bad. Bad people are dealt with by using formal enforcement exclusively as the solution to the problem - Reciprocator - conflicted about the use of authority and people - Professional -- comfortable with legitimate authority ***[I-V Cultural Competence I ]*** **I-V-1.2 Explain how culture influences your thought processes.** - Culture is one\'s way of life - Influences and molds you - Different cultures bring different ideologies, practices, and etc. - If you don\'t understand other cultures, you could be in danger as an officer - You need to find common with ALL cultures as an officer **I-V-1.4 Describe the mental models, mental shortcuts or stereotypes associated with different cultures.** - Prejudice: an opinion or judgement before and/or without knowledge of the facts - Helps us survive: categorizing things to help us make sense to the world around us - Bias: how we favor things based on our perceptions (can be positive and negative) **I-V-1.6 Compare and contrast the cultural groups that you identify with to other cultures.** - What does your culture practice compare to other cultures? - Religion, traditions, occupation, age, race, location, ethnicity, gender, sex, language, customs, etc. - Cultural Competency: being aware of the different cultures *Additional Notes:* - Stereotyping: fixed image or notion help in common by members of a group - Racism: acting upon bias of one\'s race - Race: color of skin - Ethnicity: heritage and DNA - Cultural Preference: having a bias to one culture over another - Discrimination: unjust treatment of others for their differences/attributes - Ethnocentrism: seeing the world through their own cultural perspective - Other cultures usually fall short in comparison - Diversity: coming to terms with own attitudes, beleifs, and experiences about others and gaining comfort with difference ***[I-D Agency Policy ]*** **I-D-2.1 Explain how agency policies affect the individual decision-making process.** - Limits & prioritizes your decisions - Ministerial (must do) or discretionary - Guides you using procedures - Explains expectations of you **I-D-2.2 Analyze the role of agency policies and their application to officer and agency liability.** - Policies set forth employer expectations of you - Set forth the standard of performance and excellence - Protect you from liability - Section 895.46(1) -- Indemnification: your jurisdiction or state will pay the costs/damages from a civil lawsuit (not criminal) **Additional Notes:** - Policy: a statement of what is to be done in relation to a particular issue. - Reflects organizational philosophy - Need to know policies vs. Need to find policies - Procedure: detailed descriptions of how policies are to be accomplished. They specify the steps to be taken, the order in which they will be carried out, and by whom. - The \"nuts and bolts\" of a policy - Step-by-step - More specific than policies ***[I-Q Constitutional Law I ]*** **I-Q-2.2 Describe the purposes of the 4th Amendment and possible sanctions for violating it.** - Purpose: - Right of the people to be secure in their person, houses, papers and effects - Right against unreasonable searches and seizures - No warrants issued without probable cause - Warrants must describe the place to be searched and the people or things to be seized - Sanctions: - Civil actions - Illegally obtained evidence can be excluded from court/thrown out in court - Exclusionary rule - Fruit of the poisonous tree - Criminal charge filed **I-Q-2.3 Describe the purposes of the 5th Amendment and possible sanctions for violating it.** - Purpose: - No person shall be held to answer for capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury - Any person for the same offense twice put in jeopardy of life or limb - Shall not be compelled to witness against themselves - Shall not be deprived of life, liberty, or property without due process of law - Private property shall not be taken for public use without just compensation - Sanctions: - Civil actions - Illegally obtained evidence can be excluded from court/thrown out in court - Criminal charge filed **I-Q-3.4 Identify the limits on subject identification, stop duration and limits on officer control of any subject movement.** - Consensual Stop - Person does not need to give any information -- it is all on their terms - Terry Stop - Must occur in a public place - The officer must identify themselves - Officer must have reasonable suspicion that there is, was, or is about to be a crime committed - The officer may demand the person\'s name, address, and explanation of conduct - If the person politely declines to give information, causes no issues, and etc., the officer CANNOT demand these - The questioning must be in the same vicinity of the initial stop - About 4 miles per case law - Must be a reasonable length of time - About 20 minutes - Traffic Stop - Passengers and driver are seized - Passengers and driver CANNOT leave or walk away - You can request DL and proof of insurance from driver - Can verify the driver\'s signature - Can demand the driver and passengers to exit the vehicle for no particular reason - You can look at the VIN to confirm it - Can look anywhere in the vehicle under plain view - You can as them any questions, even non-traffic related (but CANNOT extend stop) - Can ask for consent to search for weapons - Can request the passenger\'s IDs, however, they don\'t need to give it to you unless they are suspected of criminal activity (supported by reasonable suspcion) to demand it - You can investigate for a reasonable amount of time if it turns into suspicion of something else (I.e. an OWI) - Have probable cause / warrant / arresting: - They MUST give you their name or it is obstruction - Not free to leave **I-Q-3.5 Describe the justification and scope of frisk conducted subsequent to a Terry stop.** - Justification: you or someone else is in DANGER of physical Injury - Factors (paint the picture): - Time of day - Nature of underlying offense the officer is suspicious of - Attitude and demeanor of subject - Number of subjects as compared to officers - State of intoxication of subject - Whether the officer is lawfully placing the subject in close quarters such as a squad **I-Q-4.4 Describe the requirements and procedure for making an arrest with and without a warrant.** - Without a warrant: must have probable cause to arrest - Exigent circumstances - Consent - Summons instead of a warrant - With a warrant: Warrant is probable cause - Knock and Announce **I-Q-4.5 Identify the extent to which force may be used when conducting an arrest.** - Whatever is deemed reasonable, but not excessive - Enough to control the situation **I-Q-4.6 Describe the jurisdiction of a peace officer and where an arrest may occur.** - The authority to act, arrest, or prosecute - Statutory and geographic in nature - Lines on a map, words in a book - Exceptions: OWI, fresh (hot) pursuit, mutual aid (helping neighboring jurisdiction), arrest & assistance **I-Q-5.2 Explain the 5th and 6th Amendment rights as they relate to confessions and statements.** - - Right to an attorney - Right to remain silent - DURING interrogation (post custody) - - Can have counsel in their DEFENSE (during trial) - Statements that come after the charge must be voluntary after they waived their rights **I-Q-5.3 Describe custody and questioning as it relates to Miranda rights.** - Read rights when in custody (not free to leave) → not for temporary detention - Any questioning by law enforcement officer/agent - If you have these elements: custody, crime, interrogation & law enforcement officer, then you must Mirandize **I-Q-5.4 Describe situations where Miranda rights do not apply.** - Public safety exception - Routine booking questions - Knock & talks (not in custody) - CHIPS - Witness statements **I-Q-5.5 Identify the methods in which a defendant can invoke the Miranda privilege.** - Remain silent - Requesting an attorney - Must verbally say \"I want my attorney\" while interrogation is imminent **I-Q-5.6 Describe the rules and the limitations on further questioning after a suspect invokes Constitutional rights.** - Silence: Stop, wait two hours, reinitiate contact, re-Mirandize - Attorney: Stop, release + 14 days, reinitiate contact, re-Mirandize **I-Q-5.7 Differentiate between the Miranda rule and the 6th Amendment right to counsel.** - 6^th^ Amendment: applies after warrant has been issued or a complaint has been filed, or you have been charged - Miranda: post arrest, pre-charging (5^th^ Amendment) **I-Q-5.11 Describe the legal requirements for recording custodial interviews of juveniles and adults.** - Must be recorded (audio and visual) for juveniles - Adults: must be recorded if felony - Miranda must be read for both ***[I-R Crimes I ]*** **I-R-1.1 Differentiate civil law from criminal law.** - Civil Law: regulate disputes between private parties, usually ending in a monetary fine. - Jurisdiction: - State: individual sues another individual or company - Federal: Individual sues a corporation for over \$75,000.00; constitutional protection; commerce crosses state lines (shipping/trucking matter) - Level of proof: preponderance of the evidence - Criminal Law: regulate crimes, or wrongs committed against the government. Involve action that is considered to be harmful to society as a whole. - Level of proof: beyond a reasonable doubt - Punishable by fine, imprisonment, or both. **I-R-1.3 Define a person concerned in the commission of a crime (939.05).** - Parties to a crime: "Whoever is concerned in the commission of a crime is a principal and may be charged with and convicted of the commission of the crime although the person did not directly commit it and although the person who directly committed it has not been convicted or has been convicted of some other degree of the crime or of some other crime based on the same act" - Defendant: the person/company being charged with the crime - Victim: the person whom the crime has been committed against - Suspect: the person suspected of committing the crime **I-R-1.5 Distinguish between the criminal mental states (939.23 thru 939.25).** - Criminal Intent: The highest degree of mental fault requiring mens rea or \"guilty mind\" - Offender is aware that their action would cause the result - Offender has a purpose to perform the action - Criminal Negligence: when a person should have known the behavior would create substantial risk of death or great bodily harm to another - Failure to perform a required duty, but lacks specific intent - Ex: Leaving a child in a hot car - Criminal Recklessness: Utter disregard for human life or others - Unreasonable and substantial risk of death or great bodily harm - Person is aware of the risk - Example: drunk driving that results in death of someone else **I-R-1.6 Differentiate between felonies, misdemeanors, and ordinances and their respective penalties.** - Felony: Crime punishable by imprisonment in the Wisconsin State Prison system (\> 1 year in prison) - Misdemeanor: All crimes except felonies (\< 1 year in jail) - Ordinance: Also called a forfeiture action, monetary fine, less burden of proof, not on criminal history - Law passed by municipal government - State statutes adopted into ordinance + extra ordinances (I.e. fireworks, noise, etc.) **I-R-1.7 Define the inchoate offenses (939.30 thru 939.32).** - Crimes that have not been committed - Solicitation - with intent that a felony be committed, advises another to commit that crime under circumstances that indicate unequivocally that he or she has the intent - Example: someone pays a hitman to kill their significant other - Conspiracy - with intent that a crime be committed, agrees or combines with another for the purpose of committing that crime may, if one or more of the parties to the conspiracy does an act to effect its object - Example: 2 people plan to rob a bank, and one of the people goes out and buys materials to do so. - Attempt -- try to commit crime, but fail - Example: someone tries to kill someone but the person leaves **I-R-1.8 Identify the defenses to criminal liability (939.42 thru 939.49).** - ***[Intoxication]***: An *involuntary* intoxicated or a drugged condition of the actor is a defense - ***[Mistake]***: An honest error, whether of fact or of law other than criminal law, is a defense - ***[Adequate provocation]*** (939.44): Means sufficient to cause a complete lack of self-control in an ordinarily constituted person. PROVOCATION - means something which the defendant reasonably believes the intended victim has done something which causes the defendant to lack self-control completely at the time of causing death. - Is an affirmative, defense, only mitigates a crime, i.e. makes the penalty lesser. - ***[Privilege]***: The fact that the actor\'s conduct is privileged, although otherwise criminal, is a defense. - ***[Coercion]***: A threat which causes the actor reasonably to believe that his or her act is the only means of preventing imminent death or great bodily harm to the actor or another - ***[Necessity]***: Pressure of natural physical forces which causes the actor reasonably to believe that his or her act is the only means of preventing imminent public disaster, or imminent death or great bodily harm - ***[Self-defense]*** and defense of others. (Castle Doctrine added here) - ***[Defense of property]*** and protection against retail theft: (939.49) **I-R-1.9 Identify the behaviors that may result in enhanced penalties (939.62 thru 939.645).** - Domestic abuse - Use of a dangerous weapon - Violent Crime in a school zone - Crimes against children by a child care provider - Crimes committed against certain people or property (Hate crimes.) - Habitual criminality **Additional notes (from the crime quiz in class):** - Definition of crime: conduct that is prohibited by law, punishable by imprisonment, forfeiture or both - Three factors necessary for a crime to occur: - Victim - Suspect - Location - Elements of a crime: you need every single component in order for a crime to be committed - [Consent]: we must specifically ask if a person has granted consent or not, and this must be documented - There must be [probable cause] established for each element of a crime in order to charge him or her criminally - Criminal Law: - rules of conduct that forbid specific acts or require certain acts punishable by imprisonment - When does prosecution begin: - 939.74(1) - a prosecution has commenced when a warrant or summons is issued, an indictment is found, or an information is filed - What is the statute of limitations? - Felony: 6 years after the commitment of the crime - Misdemeanor: 3 years after the commitment of the crime ***[I-E Juvenile Law ]*** **I-E-1.1 Differentiate between a child, a juvenile, and an adult. *WI Statute 938.02 (1)*** - Child -- anyone who is under the age of 18, unless alleged to have violated sate/federal/civil law or ordinance, then child means anyone under 17 for prosecuting and investigatory purposes. - Children can be victims of child abuse at 17 - Children CANNOT quit school and smoke at 17 - Child is someone who is in need of protection - Juvenile - anyone who is under the age of 18, unless alleged to have violated state/federal/civil law or ordinance, then child means anyone under 17 for prosecuting and investigatory purposes. - Juvenile is someone who has done something wrong - Juveniles at 17 can go to state prison or a jail - Adult- means a person who is 18 years of age or older, except that for purposes of investigating or prosecuting a person who is alleged to have violated any state or federal criminal law or any civil law or municipal ordinance, \"adult\" means a person who has attained 17 years of age. - Delinquent -- anyone aged 10 though 16 who is adjudicated to a criminal act if that act would have been a crime if they were an adult **I-E-1.2 Link juvenile terminology to adult terminology. *WI Statute 938.02 (3m)*** \*\*Terms in yellow are required to know by training standards Adult Justice System Juvenile Justice System ---------------------------- ------------------------------- Misdemeanor/felony (crime) Delinquent Act Criminal Delinquent Juvenile Arrest Taken into custody File charges File a Petition Plead guilty Admit to the facts (petition) Plead not guilty Deny the petition Plea bargain adjustment Trial Fact finding hearing Convicted Adjudicated delinquent Guilty Delinquent Jail Secure detention facility Prison Correctional facility Jailed Held in custody Incarceration Commitment Pre-sentence investigation Pre-disposition report Sentence Disposition Probation Supervision Parole Aftercare supervision Arraignment Pleas hearing - Juvenile Courts have *exclusive jurisdiction* over juveniles - Municipal/County courts have *concurrent jurisdiction* over juveniles 12 years and older - I.e. juvenile can be seen in muni/county court for an underage ticket, traffic ticket, ordinance violations **I-E-1.5 Review the different juvenile court proceedings and dispositions. *WI Statute 938.34*** - If the court adjudicates a juvenile delinquent, the court shall enter an order deciding one or more of the dispositions of the case as provided in this section under a care and treatment plan - Dispositions: - Counseling - Supervision - Volunteers in probation program - Teen court program - Intensive supervision - Placement - Electronic Monitoring - Transfer of Legal custody - JIPS CANNOT: - Pace juvenile in serious offender program, juvenile correctional facility, or a secured residetnal care center for children and youth - Order payment of a forfeiture or surcharge - Restrict or suspend the driving privleges of the juvenile - Place any juvenile not found to have a development disability or a mental illness or to be a child with a disability, in a facility that exclusivley treats one or more of those categoires of juveniles **I-E-1.6 Review the basic issues of confidentiality of juvenile records. *WI Statute 938.396(1)(b)1, (c)1, 2*** - Law enforcement agency records of juveniles shall be kept separate from records of adults -.Law enforcement agency records of juveniles may not be open to inspection or their contents disclosed - Exceptions: - News media for the purpose of reporting news - may not reveal the identity of the juvenile involved. - The confidential exchange of information between a law enforcement agency and officials of the public/private school attended by the juvenile - If the juvenile\'s parent/guardian/legal custodian (who is the subject of the report) or juvenile (14+) requests it - If the juvenile\'s parent/guardian/legal custodian (who is the subject of the report) or juvenile (14+) submits a written request **I-E-2.1 Identify the criteria for a child to be in need of protection and services. *WI Statute 938.13(4)(6m)(12)*** - JIPS -- Juvenile in need of protective services - Uncontrollable - The juvenile\'s parent or guardian signs the petition requesting jurisdiction and is unable or needs assistance to control the juvenile - Habitually truant from school - School dropout - Habitually truant from home - Delinquent act before age 10 - Not responsible or not competent - the juvenile has been determined to not be responsible for a delinquent act by reason of mental disease or defect or has not been determine to not be competent to proceed **I-E-2.2 Identify the criteria to take a child (juvenile) into custody. *WI Statute 938.19(1)*** - Warrant - Capias issued by a court - Court order if there is a showing that the welfare of the juvenile demands that the juvenile be immediately removed from his or her present custody - Circumstances in which a LEO believes on reasonable grounds that the following exists: - Capias or warrant has been issued for the juvenile in this state - Capias or warrant has been issued in another state - The juvenile is committing or has committed an act which is a violation of a state or federal criminal law - The juvenile has run away from his or her parents, guardian or legal or physical custodian - The juvenile is suffering from illness or injury or is in immediate danger from his or her surroundings and removal from those surroundings is necessary - The juvenile has violated a condition of court-ordered supervision, community supervision, or aftercare supervision - NOTE: must attempt to notify parents **I-E-4.2 Identify the cases where jurisdiction is exercised over juveniles alleged to have violated civil laws or ordinances, including alcohol violations. *WI Statute 938.17(2), 1m*** - Concurrent Jurisdiction: Municipal courts have exclusive jurisdiction in proceedings against juveniles 12 years of age or over for violations of municipal ordinances **I-E-4.4 Describe the conditions under which a juvenile is charged in adult court. *WI Statute 938.18 and 938.183*** +-----------------------------------+-----------------------------------+ | PETITION TO WAIVE TO ADULT COURT: | AUTOMATICALLY TO ADULT COURT: | +===================================+===================================+ | On or after *14^th^ Birthday*: | - Adjudicated delinquent and | | | violates battery by prisoner | | - Felony murder | or assaults by prisoner while | | | in a juvenile correctional | | - Reckless homicide | facility, a juvenile | | | detention facility, or a | | - Sexual assault | secured residential care | | | center for children or youth | | - Taking hostages | | | | | | - Kidnapping | | | | - adjudicated delinquent and | | - Burglary | alleged to have violated | | | Battery to P&P agent | | - Robbery | | | | - If they were already waived | | - Robbery of financial | and convicted | | institution | | | | - If they were already | | - Manufacture, distribution, | convicted in an adult court | | delivery of drugs | | | | On or after *10th Birthday* | | - act that would constitute a | attempted or committed: | | felony if conducted by an | | | adult at the request or for | - 1st degree intentional | | the benefit of a criminal | homicide | | gang | | | | - Reckless homicide | | On or after their *15th | | | Birthday*: | - 2nd degree intentional | | | homicide | | - Any state or criminal law | | +-----------------------------------+-----------------------------------+ **I-E-4.5 Identify the criteria to take a juvenile into custody. *WI Statute 938.205(1)*** - If the intake worker determines that there is probable cause to believe the juvenile is within the jurisdiction of the court - Juvenile will commit injury to the person or property of others if not held - Parent, guardian, or legal custodian of the juvenile or other responsible adult is neglecting, refusing, unable, or unavailable to provide adequate supervision and care and that services to ensure the juvenile\'s safety and well-being are not available or would be inadequate - Juvenile will run away or be taken away so as to be unavailable for proceedings of the court or its officers **I-E-4.6 Describe the responsibilities for holding a juvenile in custody and releasing a juvenile from custody. *WI Statute 938.20(2)(c)and 938.209(2m)*** - A person taking a juvenile into custody shall make every effort to release the juvenile immediately to the juvenile\'s parent, guardian, legal custodian - If the juvenile is 15 years of age or older, the person who took the juvenile into custody may release the juvenile without immediate adult supervision after counseling or warning the juvenile as may be appropriate **I-E-4.7 Identify the potential venues for juvenile cases. *WI Statute 938.185(1)*** - The county where the juvenile resides - The county where the juvenile is present **I-E-5.1 Identify standards for juvenile confessions. *WI Statute 938.195(2)*** - A law enforcement agency should make an audio or audio and visual recording of any custodial interrogation of the juvenile that is conducted at a place of detention. - If feasible a law enforcement agency shall make an audio or audio and visual recording of any custodial interrogation of a juvenile that is conducted at a place other than a place of detention. - Must read juvenile Miranda rights Notes: - Deferred prosecution- an agreement between parents, juvenile, and intake worker. Intake worker gives rules to parents and juvenile to follow in order to avoid delinquency - at the intake level, in lieu of the consent decree - Consent Decree- anytime after the intake worker files the delinquency. Never found delinquent. Same thing as deferred prosecution but at a different time. ***[I-F Basic Response (RESPOND) ]*** **I-F-1.2. Describe activities considered under each Incident Response step.** - R-eport - Become aware. Plan response. Arrive/assess. Alarm/Inform - E-valuate - Look for dangers. Determine backup needs. Enter when appropriate/tactically sound. - S-tabilize - Subject and scene - P-reserve - Life before evidence. - O-rganize - Coordinate responding units if necessary. Communicate with dispatch or others. Organize collection of evidence (if appropriate) - N-ormalize - Provide long-term monitoring as appropriate. Return scene to normal. Return radio communications to normal. - D-ocument/debrief - Debrief self, other personnel, subjects, other persons and document incident appropriately **I-F-1.3. Position patrol vehicles when arriving at the scene.** - Park your vehicle in a that allows you to safely approach the scene - Do not park in front of the scene - At traffic crash scenes you may need to park your squad in a "blocking" mode - You may need to reposition your vehicle when other resources begin to arrive on scene. **I-F-2.6. Return the scene to normal.** - Perform a final survey of the scene - Double-check that all hazards have been addressed - Ensure you have the information / evidence /documentation you need. - Release the scene. - Return radio communications to normal **I-F-3.2. Interview witnesses and victims.** - Identify witnesses and victims immediately - Do not coerce a person into giving a statement - Be positive - ask clarifying questions - Do not lead witnesses - be diplomatic and understanding ***[I-N: Use of Force Concepts and Defensive and Arrest Tactics (DAAT) ]*** **I-N-2.1 Explain the importance of control of distance, danger zones, and relative positioning to single and multiple subjects**. - Importance of control of distance: officer safety! - Control Distances: - Unarmed danger zone: less than 10 feet - Clubbed or edged weapon: any distance any officer reasonably perceives a threat of great bodily of harm or death - Firearm: Line of sight unbroken by cover - Single Subject:\ Level 1: 45-degree angle from the front of the subject\ Level 2: Directly beside the subject\ Level 2½: 45-degree angle to the rear of the subject\ Level 3: Directly behind the subject. - Multiple subjects: If you are facing more than one adversary, you could be in three different configurations. In order from most desirable to least desirable, these are:\ **1**. Subjects \"stacked\" or lined up, one behind the other in front of the officer (multi-level)\ **2**. Subjects lined up, one next to the other in front of the officer (linear)\ **3**. Subjects encircling the officer. **I-N-2.2 Explain the fundamentals of movement and control including the open stance, ready stance, defensive stance, and movement.** - Open stance: used when initially approaching a subject and your intent is to convey a supportive, non-threatening presence. - Ready stance: you will shift to this stance if you need to move closer to a subject, into the potentially more dangerous social distance - Convey an alert, assertive presence - Raising your hands allows you to block an assault or launch a strike if needed - Strong side is bladed away, knees bent, on balls of feet - Defensive stance: if the subject refuses to cooperate with your request using persuasion and light control talk, or if the distance between you decreases further - Puts you in a good position to defend yourself in a physical confrontation occurs - Crouched lower ***[I-G Radio Procedures ]*** **I-G-1.3 Use the law enforcement phonetic alphabet.** A: Adam B: Boy C: Charles\ D: David\ E: Edward\ F: Frank\ G: George\ H: Henry I: Ida J: John K: King\ L: Lincoln\ M: Mary\ N: Nora\ O: Ocean\ P: Paul\ Q: Queen R: Robert\ S: Sam T: Tom U: Union V: Victor W: William\ X: X-Ray\ Y: Young\ Z: Zebra **I-G-1.4 Discuss basic radio etiquette** - Wait 2 seconds after pressing radio button to talk - Be sure to enunciate and talk slow - Be aware of background noise. - Be clear and concise - Think of what you are going to say on the radio before you key up ***[I-S Professional Communication Skills I ]*** **I-S-1.1 Describe the basic communication process.** - Sender, message, receiver, atmosphere **I-S-1.2 Incorporate active listening skills.** - Requires you to listen attentively and effectively. - ATTENDING, FOLLOWING, AND RESPONDING SKILLS. - Attending: physically and mentally giving attention - body language - eye contact - Minimize environmental distractions - Following: keeping the person talking - \"door openers\" - encouraging the person to talk - Simple words and phrases to encourage dialogue - Open questions - Using silence effectively - Responding: to content, emotions, or both - Responding to content - Paraphrasing - Responding to emotions **I-S-1.3 Explain the relationship between officer roles and communications** - Treat everyone with dignity and respect, show empathy, be a team player, remember that your goal is willing cooperation. **I-S-1.4 Explain the \"contact officer override\" concept.** - It's the ability to criticize, interfere, intervene actions of your peers if they are inefficient or violating policy and procedures. - Be professional and police when conducting an officer override - Only do it if necessary **I-S-1.5 Explain barriers to effective communication.** - Physical barriers, intrapersonal barriers, and officer generated barriers. - Officer generated barriers: - Fight or fight fallacy - Falling prey to presumed compliance - Using police jargon - Indulging in actions that provoke the people - Reacting to hot buttons - Time constraints **I-S-2.1 Discuss the benefits of good workplace communication.** - Promoting understanding of organizational goals and enhancing efficiency - Resolving conflicts - Increasing job satisfaction and reducing stress - Improving workers' personal communication skills **I-S-2.2 Compare communication styles for on and off duty environments.** +-----------------------------------+-----------------------------------+ | On The Job: | Off The Job: | +===================================+===================================+ | - Tools + authority of CJ | - Doesn\'t use tools of CJ | | system to catch criminals | system to control family | | | members | | - Trusted with partner\'s back | | | | - is trusted by family to be | | - Uses a variety of resources | fair and supportive | | against suspects | | | | - doesn\'t use equipment to | | - Familiar and skilled with LE | intimidate family | | equipment | | | | - Doesn\'t stalk family or | | - Knows how to track down | intimate partners | | suspects | | | | - Trusts intimate partners and | | - Is suspicious | works to earn their trust | | | | | - Knows how to interrogate | - Doesn\'t interrogate intimate | | | partners | | - Holds others accountable when | | | they don\'t follow the rules | - Holds themselves accountable | | | for actions at home | | - Doesn\'t wait until attacked | | | to use force | - Doesn\'t physically | | | intimidate or hurt a loved | | - Uses command presence to | one | | overcome opposition | | | | - Doesn\'t use violence or | | - Uses the power of voice to | intimidation in an argument | | overcome opposition | | | | - Doesn\'t shut down family in | | - Get help when he/she needs it | arguments | | | | | | - Gets help when he/she needs | | | it | +-----------------------------------+-----------------------------------+ Additional Notes: - OIR: - Opening - Greeting - Id yourself - Agency - Reason - Information Gathering - Understand the Context - Asking for ID - Follow up questions - Giving verbal direction - Resolution - Make a decision - End the contact → be polite and respectful; avoid sarcasm; don't feel like you need last word - Avoid saying "have a nice day" EVERYBODY IS WATCHING AND LISTENING! ***[I-H Interviews ]*** I-H-1.2 Analyze the basic steps for conducting an interview. - Preparation and planning - Preparation is 1st -- physically getting ready to interview - Planning is mentally getting ready - know evidence - Consider environment - Prepare questions - Engage and explain - Introduce self and how the interview will go - Build rapport - Address any concerns or needs they may have - Summarize what was said to check interpretation - Tell the person to tell you EVERYTHING - Encourage person to ask questions to clarify things they don\'t understand - Account Clarification and Challenge - Obtain the person\'s uninterrupted account on what happened - Open ended questions - Who, what, when, where, why, how, how much? - Closure - Close interview - \"anything else you would like to tell me?\" - Encourage them to keep in contact - Take good notes and/or recordings - Thank for cooperation - Evaluation - Evaluate yourself - did you achieve the objectives? (find the elements of the crime) - How can you improve? I-H-2.1 Document victim and witness interviews. - Record (audio and/or video) ALWAYS if juvenile - Address with professional titles - Document quotes - Watch person's non-verbals - Open-ended questions - Use active listening skills I-H-2.2 Discuss additional techniques for interviewing various types of victims/witnesses (hostile, children, vulnerable, traumatized, etc.). - Friendly: the easiest. Willingly gives information - Might let guard down or not prepare self enough for interview - Neutral: no interest in how the case turns out - start with close ended questions to lead them in the right direction - can move to open eneded questions - Hostile: may lie or omit information. - Start with closed ended questions to get them talking. Slowly open them up showing empathy and providing them with information they want to know. - May have to challenge statements. - Children: most vunerable because of their age and relationship - Get on their level - audio and visually record - may have parent present - speak softly - Do NOT lead them -- children have no benefit in lying - Vulnerable: elderly, mentally ill, handicapped, rape victims - Record the interview separate the witness/victim from the suspect for the interview. - Record so they don\'t have to interview again - Traumatized: domestic violence, murder, battery, death just seen, etc. - General interview techniques. Be careful not to increase the victim's anxiety or fear. Spread out the sessions. - Separate from the scene - Possibly give a few days I-H-2.3 Assess the credibility of information gained during an interview. - If the information matches previous evidence - Has the person given information before? Was it creditable then? - Physical mannerisms, appropriate emotions. I-H-2.4 Explore principles and procedures for eyewitness identification. - Often provides the best lead. - Double-blind photo array and live lineups: select non-suspect filters to minimize any suggestiveness that might point toward the suspect. Tell individual the suspect may not be in the line up. - Double-blind means that the person administering the photo array does not know anything about the case, and each photo is shown one at a time. - Show ups: if necessary can be done. Ask the witness/victim to id the suspect while on scene or presents one suspect to the witness. - Facial Composites: Used when there is no suspect. Can taint the eyewitness's memory. Use them cautiously. ***[I-W Traffic Law Enforcement I ]*** **I-W-1.1 Identify primary goals of traffic law enforcement and the Wisconsin motor vehicle laws.** - Save lives - Deter violators (stop unsafe behaviors) - Increase compliance - Interact with the public (build trust) **I-W-1.2 Identify elements of common traffic offenses including the rules of the road and those relating to operator licensing, vehicle registration, and vehicle equipment.** - Must meet the elements of the traffic offense - Common violations: - See common violations sheet hyperlinked before -- list of offenses with the elements\ [[Common Violations]](https://mywctc-my.sharepoint.com/:w:/g/personal/kjacobi2_my_wctc_edu/EewLGIleyf9CrDY7buwcgQUBsQA0DE0mvPvJltDmzG2Uxg?e=chpNga) - WI Motor Vehicle Law Sections: - Intro to Motor Vehicle Law - Chapter 110: Motor Vehicles - Chapter 194: Motor Vehicle Transportation - Chapter 218: Finance Companies, Auto Dealers, Adjustment Companies, and Collection Agencies - Chapter 340: Vehicles -- General Provision - Vehicle Registration/Titles and Anti-Theft Law - Chapter 341: Registration of Vehicles - Chapter 342: Vehicle Title and Anti-Theft Laws - Operator Licensing - Chapter 343: Operators\' licenses - Financial Responsibility - Chapter 344 -- Vehicles -- Financial Responsibility - Civil and Criminal Liability - Chapter 345 -- Vehicles -- Civil and Criminal Liability - Rules of the Road - Chapter 346 -- Rules of the Road - Vehicle Equipment, Size, Weight and Load - Chapter 347 -- Equipment of Vehicles - Chapter 348 -- Vehicles -- size, weight and load - Chapter 305 -- Trans Code - Occupant Restraints - Found in Chapter 347 - Power of State and Local Authorities - Chapter 349 -- Vehicle -- powers of state and local authorities - Snowmobiles - Chapter 350 -- snowmobiles - Habitual Traffic Offenders - Chapter 351 -- Habitual Traffic Offenders **I-W-2.1 Compare differences between selective traffic law enforcement and bias-based policing.** - Selective Traffic Enforcement Programs (STEPs) - A strategy in which police forces target a particular area at a particular time and coordinate a media campaign to let the public know about the upcoming enforcement blitz - Ex: Saturation patrols, regular patrols, citations, media blitz (kick-off events, press releases, PSAs) - Biased-based policing: - Commonly referred to as racial profiling - Using race alone, or with other factors as a proxy for suspiciousness - Using officer discretion in a racially uneven way - Bias based traffic law enforcement includes the stopping of motorist, the detention of a person, and or the searching of a vehicle based solely on the individual\'s race, ethnic origin, gender, age or income status I-W-2.2 Describe methods used to conduct traffic surveillance. - Traffic Patrol - Follow the rules of patrol - Solo Patrol and team patrol - Types of Patrol: - Line Patrol - going back and forth between two different points on a map (usually on a specific major road, usually monitoring speed) - Area Patrol - area/beat, most common - Directed Patrol -- directed at a certain traffic offense or to a stationary post - Stationary Observation -- observation of traffic conditions at a selected place - Conspicuous Observation -- stationary observation where observer remains in full view of traffic in attempt to deter violations - Visible Observation -- stationary observation where it requires efforts from the driver to see the observer (I.e. observer is on a side street) - Concealed Observation -- stationary observation where the observer is not easily visible to persons on the roadway with normal observation. I-W-2.3 Identify driving behaviors that may indicate illegal driving or poor vehicle condition. - Speeding, weaving over lines, disobeying traffic signs, illegal U turns - Not up to Trans Code I-W-3.1 Identify basic components of driver\'s licenses and identification cards and review indicators of a possible altered / driver\'s license or identification card. - Color of Fonts: - Black -- occupational, Identification card - Green -- commercial - Red -- probationary - Blue -- regular - Purple - instruction - Under age of 21 are vertical, over age of 21 is horizontal - UV Security feature - How to recognize a fake ID: - Picture doesn\'t resemble bearer - Bearer cannot quick state DOB or address - Bearer\'s signature does not match signature on ID - DL does not match a legit sample - Lamination seems to thick, or has cuts or overlays - Lamination has air bubbles, peeled back corner or faulty re-sealing - Quality of print is poor or indistinct - Holograms or ghost images are of poor quality - Magnetic strip is covered by plastic laminate - state seal or camera number is partially covered by photo or has been altered - Lettering does not match or appears altered - ID is expired - Numbers have been scratched, bleached out, and inked over, or cut out and reinseted I-W-3.7 Identify and describe issues involved in making a traffic arrest. - Ordinance Violations: - Release them after they pay deposit, deposit their valid DL, or presents a guaranteed arrest bond certificate - Driving while under the influence - Cannot realase them unless if 12 hours had passed since the time of the offense OR you can release them to a responsible, sober adult. I-W-4.3 Demonstrate traffic control under varied conditions (using hand signals, a flashlight, whistle, traffic vest, and flares). - Must wear level II vest at least - Position: - At an intersection: Center or Corner - General Principles: - Give priority to the major route - Allow secondary roads to move during breaks in the major routes - If breaks do not occur, allow traffic to accumulaite on secondary roads before directing it to move - Make changes in flow direction only once intersection is clear - Big gestures, make eye contact with drivers when directing - Whistle blows: - One long blow = stop - Two short blows = go - Multiple short blows = get attention - Light batons may be used as well ***[I-U. VEHICLE CONTACTS I ]*** I-U-2.1 **Identify the various threat assessment opportunities applicable to a vehicle contact**.\ - prior experience with the person - the violation - what person was doing before the stop - how they responded to your signal - Early signs of attack - Pre attack postures I-U-2.2 **Identify officer/subject factors when making a vehicle contact**. - Age, Size, skill, relative strength. Number of Occupants, Visibility into Vehicle {tinted Windows /Height of Vehicle truck or Car, subject above or below you.} I-U-2.3 **Identify the role that environment plays in making a vehicle contact**. - It affects how you handle your Disturbance Resolution Model ( your Decision Making, Tactical Deployment, and Tactical Evaluation.) - LOCATION - Where you stop someone {part of town,, High Crime / are you visible, does the subject have the advantage./ High Traffic, concerns with safety, chance of accident. / whether or not the vehicle should be there (Terry Stop)} - WEATHER - Rain, Snow, Visibility, even Sunny, or excessive Heat. Rain and snow can make the initial stop tricking if there are traction issues, for you, the subject, and possible traffic around you. Visibility may be an issue in snow and fog, {what you can see, and if others can see you.} Sunny, you are very visible on approach, possible Glare issues. - TIME of DAY - Day or Night - Darkness or Light I-U-3.1 **Identify the steps in conducting an approach contact**. - Decision making, tactical deployment, tactical evaluation. I-U-3.2 **Demonstrate the steps in conducting an approach contact.** - Make the decision to stop the vehicle. - Is the contact legally justified/desirable? - Report the location of the contact and vehicle description to dispatch. - Make/Color/License/Number of Occupants - Initiate the stop by signaling the driver to pull over. - Position your vehicle properly. - There should be a minimum separation of 15' between the vehicles (about one car length) - Off-set position to the left so that the left rear corner of the subject vehicle is even with the center of the squad - It's advised to turn your wheels to the left - In-line position: used only when conditions preclude using one of the preferred positions - Ex: High traffic city at rush hour - Approach the subject vehicle properly. - Driver's side approach - Passenger side approach - Avoid being silhouetted by your squad's headlights - Check the vehicle's trunk - Officer Positioning: "2 ½" - Make contact with the subject. - When you seize the car, you seize everyone (including passengers) - ### Brendlin v. California - ID Self/Agency/Ask for DL and proof of insurance/Reason for stop - Never take wallet or purse - Ask what current address is, not if the address on license is current - Give opportunity to explain his/her action - Place reasoning on back of citation/narrative - Motorcycles: Direct operator to remove helmet, leave helmet on cycle and step away from cycle - Resolution: - Decide on action or evaluate based on information before making decision - Return safely to your squad and handle paperwork, radio, MDT. - Watch for traffic and subjects in the stopped vehicle when returning to vehicle - Paperwork - Look at subject frequently - Re-contact the driver. - Recheck vehicle - Keep subject's hands in view - Closure - Explain citation/warning before handing it over - Handle paperwork with non-gun hand - Give back DL - Closing comments - Do not lecture for citations - An advisement is okay for warnings - Return safely to your squad and assist vehicle into traffic. - Complete your paperwork. ***[I-T: FUNDAMENTALS OF FIREARMS ]*** I-T-1.1 Comply with general firearms safety rules. - Assume all firearms are loaded - Never let the muzzle cross anything you are not willing to destroy - Keep your finger off the trigger and outside the trigger guard - Know your target and what's beyond it I-T-2.2 Identify nomenclature and functions of semi-automatic pistols and handgun ammunition. - Barrel - Front Sight - Slide - Slide stop - Rear sight - trigger guard - Trigger - magazine - magazine release - backstrap - Tang I-T-2.3 Field-strip, clean, lubricate, and function check the handgun. I-T-3.2 Identify and perform the "ready" positions that an officer may employ with a drawn handgun and the uses for these positions. Tactical Stance - Allows for easy movement in any direction - Very stable - not tiring- weight is supported by bone rather than muscle - places most protective part of your vest between you and potential incoming rounds - Allows you to see the target with both eyes and maximizes peripheral vision Ready Positions - All ready positions: - Finger is off the trigger - Outside the trigger guard - Muzzle pointed forward, or down range - Tactical ready - Similar to firing position - Weapon is lowered slightly - Can see whether subject is reaching for weapon - can return firing position very quickly - If fatigued, pull your elbows in tight to body - Useful for giving commands, searching and scanning before re-holstering - Low Ready - Similar to Tactical ready - Less fatiguing - requires more time to return to firing position - Useful for maintaining safety and resting between shots at the range I-T-3.3 Load, reload, and unload the handgun. - Administrative Loading - Load a magazine to capacity - Inspect each round as you insert it in the magazine - With the weapon in the holster, insert the magazine into the magazine well - Draw the weapon to step \#3 of the draw stroke - Hold the pistol firmly with the strong hand. keep weapon pointed down - grasp slide firmly between the heel and the fingers of your reaction hand - Pull slide firmly to the rear as far as it will go - Release the slide(de cock if necessary) - Re holster the weapon - Remove the magazine and insert one round into the magazine - reinsert the full magazine into the holstered weapon - Administrative Unloading - With the weapon holstered, remove the magazine - Draw the weapon to step \#3 of the draw stroke - Keep weapon pointed down range, lock the slide to the rear - Be sure your hand does not cover the ejection port - let the ejected round fall to the ground - Lock the slide to the rear - Physically and visually inspect the weapon to be sure it is empty - no round in the chamber - no magazine in the magazine well - Release the slide(de cock if necessary) - Re holster the weapon - Out of battery Reload - Remain behind cover or continue moving to cover - Bring the weapon in toward you from the firing position. Keep it up in front of you. - Press the magazine release button with the thumb of your strong hand - Simultaneously strip the magazine out of the magazine well with your reaction hand - As soon as the magazine clears, drop it and reach to your magazine pouch - Remove a full magazine, index finger along the bullet nose edge - Insert the full magazine - Release the slide and let it go forward, pushing a new round into the chamber - In Battery reload - Move behind cover - Bring the weapon in toward you from firing position - Press the magazine release button with the thumb of your strong handyy - Simultaneously strip the magazine out of the magazine well, drop it and reach to your magazine pouch - remove full magazine, index finger along the bullet nose edge - Insert full magazine - Non-critical Malfunctions: - Failure to: - Feed: Round is not in the chamber - Magazine not in far enough - Spring or follower is defective - Fire: Round in the chamber, but does not go off - Defective ammunition - Extract: Round in the chamber, pull the trigger, round goes off, but fails to extract casing (casing still in chamber) - Broken extractor/worn extractor - Eject: Slide does extract empty causing, but fails to completely eject it. Slide pinches empty casing between back of the barrel and the ejection port - Phase one malfunctions: Fail to feed, fire and extract - Tap - Tap the bottom of the magazine - Roll - Roll it slightly to the right - Rack - Rack the slide back - Back on target, assess the threat - Phase two malfunctions: Fail to eject - Strip the magazine - If you can't get magazine out, manually lock the slide back to the rear and then strip the magazine - Rack the slide at least twice - Reload - Chamber round - Back on target, assess ***[I-K Physical Evidence Collection ]*** **I-K-1.1 Articulate the principles of evidence collection.** - Anything offered in court to prove to the truth or falsity of a fact in issue - Proves who was and wasn\'t at the crime - Establishes that a crime was committed - Purposes of evidence: - Prove elements of the crime - Connects suspects to place or person - Reconstruct or corroborate either the victim or suspect\'s account of the events **I-K-1.3 Describe the various types of physical evidence**. - Testimony: spoken evidence of facts personally observed or experienced - Physical: (real), tangible objects in their original state - Demonstrative: representations, maps, photos, models, or diagram used for illustration - Direct: perceived by one of the five senses - Circumstantial: based on an inference (single pieces of circumstantial evidence alone are not adequate proof of the elements of a crime; however, taken together an accumulation of circumstantial evidence can be adequate) I-K-2.1 **Explain the steps within the RESPOND model as relating to a criminal investigation**. - The sooner you respond to an incident the more likely the crime will be solved **S**: Stabilize: Officer takes steps to stabilize subjects and the scene. **P**: Preserve: Officer takes steps to preserve life and evidence. - Lighting - Weather-Pristine Scene (describe it) - Observations (smells, sight, sounds, etc.) - doors (open, closed?) - windows (locked, unlocked, open?) - lighting status? - Any change to scene after arrival - Field sketch **N**: Normalize: The officer debriefs self and subject, and restores scene back to normal. **D**: Document: Officer collects and documents information, evidence, and all action taken. **I-K-2.2 Demonstrate management of a crime scene in a simulated environment.** I-K-3.3 **Review the process for preserving, handling and collecting digital evidence (computers, iPads, cell phones, GPS devices, storage devices, improvised electronic devices, etc.).** - Use caution when seizing electronic devices - Legal authority? - make sure you have a warrant. If not that, make sure you have the authority to look through it. - Digital data is fragile - Store in RFID bag and signal blocking bag - Keep it original power state - Collecting, storing and transporting should not change evidence **I-K-3.4 Demonstrate a crime scene search during simulation.** Huh? - Stigler **I-K-4.1 Explain the different processes to document (videotape, photos, sketches, diagrams, report, etc.).** - Sketch - Make sure to note if it is to scale or not - Good way to label where evidence was - Videotape the scene - Take Photographs - With and without scales and number tents - Diagrams - 3D scanner machine **I-K-5.1 Describe the factors required to determine whether a crime was committed (where is victim, is death accidental, natural causes, or intentional).** - Blood spatter, blood trails, blood pools - Weapons left on scene - Door -- check frame, locks, knobs, and etc. for damage - Clothing, wallets, etc. Left behind - Witness statements **I-K-5.2 Describe the unique physical evidence in crimes against life (victim as physical evidence, method, means, manner).** - the body - **I-K-5.3 Describe the appropriate procedures for death investigation (the roles of law enforcement, coroner, scene management and release, autopsy, death notification).** - Additional Notes: