Exam #3 Study Guide PDF

**[Exam \#3 Study Guide]** **[CONSTITUTIONAL LAW (20 POINTS)]** 1. **Arrest:** most intrusive type of seizure because it deprives a person of freedom of movement -- [need Probable Cause] -- can search post arrest 2. **Arrest Warrant (body warrant):** command police to take the named...

**[Exam \#3 Study Guide]** **[CONSTITUTIONAL LAW (20 POINTS)]** 1. **Arrest:** most intrusive type of seizure because it deprives a person of freedom of movement -- [need Probable Cause] -- can search post arrest 2. **Arrest Warrant (body warrant):** command police to take the named into custody and bring them before the court a. [Need to check validity immediately prior to arrest to verify that it is still valid (BPD special order 95-31)] b. BODY warrant is for the person it's a separate entity to search warrant -- search warrant is needed to search a residence or motor vehicle c. Parts: Name, Crime, Bring to Court, Signature, Warrant Management System d. **Comm. v. Gentile** need RS that it's the arrestee's residence and that they're inside to execute the arrest warrant 3. **3^rd^ Party Dwelling**: e. Arrest warrant for suspect f. Search warrant for 3^rd^ party dwelling absent consent of owner 4. **Two Types of Warrants**: g. [Straight Warrant]: new charges h. [Default Warrant]: issued by judge for not showing up to court, didn't pay fine... 5. **Fugitive Warrant**: can warrantless arrest a fugitive in a public place IF the charge from the other state is for [more than a year.] i. **Can only arrest a fugitive with an NCIC warrant [after ]**[checking that other state/jurisdiction will extradite] -- if so, you will arrest and then have a separate incident report and complaint packet because it is a separate charge **(2 packets)** 6. **Citizen's Arrest** citizens can lawfully arrest only for a FELONY 7. **Merchant**: a merchant statement alleging shoplifting offense **is PC** for warrantless arrest 8. **Arrest**: (ICC) j. **Intent** k. **Communication** l. **Control** 9. **Lawful Arrest:** m. **Probable Cause** n. **Arrestable Offense** o. **Jurisdiction** 10. **If additional facts change PC, must release forthwith and document.\ ** 11. **Jurisdiction** geographical area where the department has responsibility p. Exception: [fresh and continuous pursuit] (crime committed in Boston can pursue) q. into Brookline and Newton: **500 yards** 12. **Duties after Arrest** r. **True Grounds for Arrest** s. **Exam for visible injuries (\*your relationship is now the caregiver\*)** t. **Telephone** u. **Jenkins Hearing (within 24hrs) [ONLY for a warrantless arrest]** 13. **Phone Call: within 1 hour of ARRIVAL at station** v. Cannot withhold this right w. No expectation of privacy -- what they say is admissible in court 14. **Jenkins Hearing:** probable cause hearing within **24 hours of ARREST** 15. **Aguilar-Spinelli test -- two prong test:** x. Reliability y. Basis of Knowledge (must be personal knowledge -- NOT street rumor/hearsay) 16. **Reliable Sources:** z. [Known victim] d. Declaration against penal interest a. [Known witness] e. Good track record b. [Other Police Officer] 17. **Warrantless Searches (CAB PIE)** c. Consent d. Plainview d. Abandonment e. Incident to Lawful Arrest e. Booking Search f. Exigent Circumstances 18. **Consent (VIK)** f. [Voluntar]y: no coercion/duress g. [Intelligent]: clear, explicit, plain h. [Knowingly]: told of right to refuse, proper age, mental condition i. Children cannot give the consent to search i. \*\*For consent to be valid, must be **voluntary** and **informed** j. Consent to search **may be revoked at any time,** if consent is **revoked**, officer must **stop searching immediately** k. Officers **cannot** ask for consent to search **during a traffic stop for MV infraction,** Officers must have **RS** to ask for consent to search (Comm. V. Torres) l. Can't give consent to search other's property (if more than 1 person, unanimous) 19. **Exceptions to warrantless arrest in private dwelling:** m. Fresh & continuous pursuit (chasing suspect and investigation continues) n. Exigent Circumstances (like someone screaming for help) 20. **Abandonment**: items discarded during pursuit by police as long as police had RS to conduct the stop at the beginning of the pursuit (also includes items discarded while police are following/watching = abandoned as well) (includes trash/items left in back of police cruiser) 21. **Plainview**: o. Lawful Presence p. Inadvertence q. Seizable Evidence 22. **Search Incident to Lawful Arrest (c. 276 s. 1) -- Looking for:** r. Weapons s. Avoid arrest or effect escape (means of escape), and t. Evidence of the crime for which the arrest is made 23. **Booking Search/Inventory - [Not ]**[a search for evidence:] u. Protect owner's property v. Prevent false claims w. Prevent suicide x. Aid in identification y. Community caretaker function 24. **Strip Searches**: z. Based on PC, determined by the [Duty Supervisor] a. Must be done reasonably by a same gender officer privately (w/ witness) 25. **Body Cavity Search**: b. Based on [high] degree of PC, [search warrant issued by a JUDGE] c. Conducted by a qualified medical professional\ **\ ** **[CRIMINAL LAW (20 PTS)]** 1. **Armed Robbery (Felony)** a. Suspect armed with a dangerous weapon (even if no weapon is displayed) i. If victim believes there was a weapon, it is armed robbery b. Theft from a person/immediate control c. By force or fear d. "While masked" = additional charge e. Penalty= Felony punishable by life in prison 2. **Unarmed Robbery (Felony):** f. By force or fear g. Theft from a person/immediate control h. Penalty= Felony punishable by life in prison 3. **Unarmed Assault with Intent to Rob or Steal (Felony):** i. Not being armed with a dangerous weapon; j. Assaults another with force and violence; k. With intent to rob or steal. l. Used for when the suspect intends to rob or steal but doesn't complete 4. **Armed Assault with Intent to Rob or Murder (Felony):** m. **Armed. **Suspect armed with a dangerous weapon; and n. **Assaults. **Assaults another; o. **Intent. **With the intent to rob or murder. p. Note- This charge does not require proof that the assault was committed with a weapon, only that a weapon was possessed (ex. Toy gun sufficient) 5. **Mayhem (Felony):** q. Suspect maliciously intended to maim or disfigure r. Cut out/maim/tear/slit/mutilate the [tongue, eye, ear, nose, lip, limb] or member of the victim s. **[PRIVY=]** Means that the suspect is aware of the impending attack and agrees that it should occur. Officers must prove that the suspect, although not present during the crime, shared the malicious intent of the attacker. 6. **Stalking (Felony):** t. Suspect willfully and maliciously engaged u. In 3 incidents v. That constituted harassment (a reasonable person would suffer substantial emotional distress) w. Involves a THREAT with intent to cause imminent fear of death or serious bodily injury 7. **Criminal Harassment (Misdemeanor):** x. Suspect willfully and maliciously engaged y. In 3 incidents z. That constituted harassment (a reasonable person would suffer substantial emotional distress) a. **Warrantless Arrest on PC** b. **Note:** Becomes a felony if 2nd or subsequent offense of harassment, or if defendant has a prior conviction for stalking.**\ ** 8. **Larceny:** c. **Type 1: Stealing** ii. **Suspect unlawfully took and carried away**; money or property of another; with the intent to permanently deprive that person iii. **Asportation = taking and carrying away** d. **Type 2: Larceny by False Pretense** iv. **Suspect knowingly made a false statement of fact**; that he intended the victim to rely on as being true; and b/c the victim did rely on the suspect's statement, the victim gave the suspect money or property e. **Type 3**: Embezzlement v. **Suspect was entrusted with the property of another**; and took the property, hid it, or converted it to his own use; with the intent to permanently deprive the owner f. **Right of Arrest:** vi. Firearm, "trade secret", or property valued **OVER \$1,200** = **Felony** vii. Property valued **over** **\$250 up to \$1,200** = **Misdemeanor**. [Warrantless arrest on PC] viii. Property valued **\$250 or less** = **misdemeanor**. [Warrantless arrest in presence. Otherwise, complaint.] ix. Any time a police officer witnesses a theft, warrantless statutory arrest powers apply. x. Victim 60 +, or disabled, and if value of property is over \$250** = Felony** xi. Victim 60 + and value of property is \$250 or less = **Misdemeanor** 9. **Larceny from a Building (Felony)** g. **Take** h. **Building:** from a building (ship, vessel, or railroad car;) and i. **Property of another** j. **Intent**: with the intent to permanently deprive k. **Always felony regardless of value** l. **\*\*Difference between larceny from a person and from a building is how property is safeguarded -- building is "under the protection of a building"\ ** 10. **Larceny by Check (Misdemeanor)** m. **Type 1: Attempted larceny by check** with intent to defraud- wrote, cashed or uttered -- to a bank, with knowledge of insufficient funds n. **Type 2: Actual Larceny by check** and the suspect obtained money o. Right of Arrest xii. Type 1 attempt = Misdemeanor, complaint only xiii. Type 2 actual, value under \$250 = Misdemeanor, complaint only xiv. Type 2 actual, value over \$250 = Misdemeanor, statutory PC arrest xv. Type 2 actual, value over \$1200 = FELONY 11. **Fraudulently Procuring Food (Misdemeanor):** p. **Type 1:** Procuring from Hotel/Motel q. **Type 2:** Procuring from Restaurant r. **Both involve without paying, getting services, with intent to cheat the owner** s. **Right of Arrest:** [Warrantless arrest in presence. Otherwise, complaint.\ ] 12. **Shoplifting (Misdemeanor) -- all arrestable warrantless on PC:** t. **Intentional** u. **Six Prohibited Acts**: xvi. take, xvii. **[conceal]**, xviii. manipulate price tag, xix. switch container, xx. ring up false price, xxi. remove shopping car v. **Intent to Deprive**: intended to deprive the merchant of all or some part of the retail value of the merchandise or to permanently take a shopping cart w. **[ROA: Warrantless arrest on PC for all violations]**. Merchant or employee's statement constitutes PC AND value of good must be under \$250 x. Shoplifting is **[never]** larceny from a building y. Shoplifting is complete when merchandise is **concealed** z. **Charging Factors:** xxii. Goods between \$250 - \$1,200 = Charge [Larceny] 13. **Receiving Stolen Property:** a. **Stolen or fraudulently obtained:** [MUST] be proof that property was stolen b. **Knowledge: No need to prove identity of owner or thief, knowledge is enough** c. **Possession** d. **Right of Arrest** xxiii. 1^st^ offense and value of goods received is over \$250 - \$1,200**: Misdemeanor -** [warrantless arrest on PC] xxiv. 1^st^ offense and value of goods received \$250 or less: **Misdemeanor** - [complaint and confiscate stolen property] e. \*\*If **2^nd^ offense** (regardless of value) **[OR]** value of goods is **over \$1,200** = **FELONY** 14. **Armed Assault in a Dwelling House (Felony)** f. **Entry**: suspect entered a dwelling g. **Armed** h. **Assault** i. **Intended Felony**: had specific intent, accompanying the assault, to [commit a separate felony\ ] 15. **B/E Nighttime (Felony)** j. **Break** k. **Entry**: suspect entered building, ship, vessel, or vehicle l. **Nighttime:** [1 hour after sunset to 1 hour before sunrise the next day] m. **Intent to Commit Felony** [ ] 16. **Burglary (Felony) -- think "BEND"** n. **Break**: physically engaging in any act designed to enter, inserting a key into a lock, entry through an opening not intended as an entrance are all considered breaking o. **Enter**: unlawful making of one's way into a building or vehicle p. **Nighttime:** [1 hour after sunset to 1 hour before sunrise the next day] q. **Dwelling**: a dwelling house r. **No weapon or assault** s. **Aggravated Burglary adds 1) occupied and 2) weapon or assault** 17. **Breaking and Entering Definitions** t. [Breaking] = the exertion of physical force, however slight, to remove an obstruction and gain entry (ex. Breaking a window, forcing a door open) u. [Constructive breaking] = use of an accomplice or trick to get inside v. [Entry] = unlawful making of one's way into a vehicle w. [Dwelling House] = a place where people live x. [Premises] = building, MV, ship, vessel, truck y. [Nighttime] = an hour after sunset and an hour before sunrise z. [Intent] = all B&E requires is the intent to commit any felony/misdemeanor[\ ] **[DOMESTIC VIOLENCE (10 POINTS)]** 1. **Domestic Violence:** the intentional violent or controlling behavior that one person wields over another. Includes: a. **Physical** b. **Sexual** c. **Psychological** d. **Financial\ ** 2. **The goal of the abuser is to maintain [POWER] and [CONTROL].\ ** 3. **When it comes to DV, law enforcement has three primary responsibilities**: e. Provide [physical safety & security for victims] f. Assist victims by [coordinating their referral to support services] g. [Arrest the DV perpetrator] as required by law 4. **[Abuse:]** the occurrence of one or more of the following acts between family or household members: h. **[Attempting to cause or causing physical harm;]** i. **[Placing another in fear of imminent serious physical harm;]** j. **[Causing another to engage involuntarily in sexual relations by force, threat or duress.\ ]** 5. **Protection Order issued by another jurisdiction:** k. Shall be given full faith and credit throughout Commonwealth - **will enforce** as long as it is active/valid and issued by another state or US territory/possession i. We will take the victim at their word and then contact issuing dept. ii. [If order is not verified, RELEASE FORTHWITH\ ] 6. **Vacate Order: court order to leave & remain away from premise & surrender forthwith any keys to said premise** l. [Basic Protection] shall include: iii. Defendant shall not damage any of the plaintiff's belongings iv. Defendant shall not shut off any utilities or mail delivery v. Defendant shall not interfere in any way with the plaintiff's right to possess such residence m. [Extended Scope]: vi. **Multiple family dwelling; and/or** vii. **Plaintiff's workplace** 7. **Domestic Venue (c. 209A s. 2)** n. Proceedings (for restraining order) shall be filed, heard, and determined in the court having [venue over the victim's residence] o. If victim has left a residence/household to avoid abuse, such victim shall have the **option** of commencing action in court having venue over [prior address or present] 8. **Chapter 209A S3 -- Requesting Protection** p. **A person suffering from abuse may file a complaint in court requesting the following protections from abuse (some are criminal, some are civil)** q. **Civil vs. Criminal Infractions** **Criminal/Arrestable** **Civil/Non-Arrestable** --------------------------------------- -------------------------------------------------------- Refrain from abuse Awarding plaintiff temporary custody Refrain from contacting Order to pay child support Vacate & remain away Order to pay monetary compensation for losses suffered Plaintiff's address to be impounded Batterer's Intervention Program (BIP) Refrain from abusing/contacting child \*\*violations to be taken up with courts 9. Complainant shall be informed that the proceedings hereunder (protection order) are **civil** in nature and that [violations] are **criminal** in nature. (c. 209A s. 3A) r. Complainant shall be provided with such information in their native language 10. When the expiration date falls on [a weekend, holiday, or date the court is closed], the order shall not expire until the **NEXT COURT BUSINESS DAY**. 11. **Surrender of Firearms (c. 209A s. 3B)** s. Upon issuance of temporary or emergency order, the court shall order the immediate suspension and surrender of: viii. **LTC v. Shotguns** ix. **FID vi. Machine Guns** x. **Firearms vii. Ammunition** xi. **Rifles** t. [Petition for Review]: xii. **ANY defendant** may petition such action and will be heard no later than **10 COURT BUSINESS days** xiii. **Employment**: court shall order a hearing no later than **2 COURT BUSINESS days\ ** 12. **Temporary Order (C. 209A s. 4)** u. **10 court business days** v. May be extended up to a year or not to exceed 1 year w. The court shall give the defendant an opportunity to be heard on the question of continuing the temporary order no later than **10 court business days** after such orders are entered 13. **Emergency Order (C. 209A s. 5)** x. Courts are closed y. Good until **NEXT** court business day (plaintiff or a representative must appear) 14. **Powers, Duties, and Responsibilities (C. 209A s. 6)** z. **[Remain on scene]** a. Assist in **[obtaining medical treatment]** b. Assist in **[locating and getting to a safe place]** c. Give **[immediate and adequate notice of his/her rights]** d. Activating **[the emergency judicial system]** when court is closed e. Inform the victim that the **[abuser will be eligible for bail]** and be promptly (after 6 hours) released f. **[Shall arrest any person]** a law officer witnesses or has PC to believe violated a restraining order 15. **Shall Arrest vs. Arrest Preferred Response** g. **SHALL ARREST** = [Have PC to believe person violated an RO] h. **PREFFERED ARREST** = When we have PC that a person committed a [felony,] committed a [misdemeanor involving 209A abuse], commit [A&B Ch265 S13A] 16. **Service of Order (C. 209A s. 7)** i. Clerk magistrate shall transmit two certified copies of each such order and one copy of the complaint and summons forthwith to the appropriate law enforcement agency, and then the LE agency will service a copy of the order and complaint to the [defendant], the [plaintiff] will get a copy and the [LE agency] will keep a copy xiv. **Police are NOT required to serve defendant in hand** xv. Want to note who it was served to 17. **Confidentiality of Records (C. 209A s. 8)** j. Plaintiff's residential address/phone number and workplace name/address/phone number [shall be confidential and withheld from public inspection] xvi. Plaintiff's residential address and workplace address [will appear on the court order] **unless** the **plaintiff specifically requests** that this info is withheld (**impounded address**) 18. **Violation of Protection Order/Restraining Order (C. 209A s. 6&7)** k. In order to [CONVICT] defendant of violation: xvii. Order **issued** by court xviii. Order **in effect** on date of violation xix. Defendant **knew of order** by having been served in hand or some other way (or by having [actual knowledge] of the order through other means -- "Notice of Order") 1. **Proof of Notice** -- so long as prosecutor can prove that the defendant had actual knowledge of the term of the order, burden of proof will be satisfied. xx. Defendant **violated the order** by failing to vacate or by "abusing" plaintiff l. **Direct or Indirect** violation by failing to: xxi. Refrain from abuse or contacting, or xxii. Follow vacate order protections, or xxiii. Follow surrender/suspension order m. **Direct**: [no need] to prove that the defendant intended to violate order n. **Indirect**: [must prove] that the defendant intended the 3^rd^ party to violate order o. **Victim can [NEVER] violate an order, the order only changes by a [COURT RULING]** 19. **State DV Law Enforcement Guidelines -- Section 10:** p. [Vacate Orders and Court Orders to Retrieve Belongings]: once a vacate, no contact, stay away, or refrain from abuse order is issued, officers should not accompany a defendant to the property without **SPECIFIC JUDICIAL AUTHORIZATION** xxiv. The victim must have prior notice by the police department, and the victim must agree to the timing of the retrievals xxv. Victim's safety is primary concern **[PATROL PROCEDURES (10 POINTS)]\ ** 1. **How to transmit on the radio:** a. Plan your message b. Listen for radio traffic c. Depress microphone button d. Pause before speaking e. Identify yourself**\ ** 2. **What to get out on radio EVERY time** f. [Who you are] g. [Where you are] h. [What you have] i. [What you need] 3. **District Radio Channels** **Channel 1** **Special Events** ------------------ ----------------------------- **Channel 2** **Area A** **Channel 3** **Area B** **Channel 4** **Area E** **Channel 5** **Area D** **Channel 6** **Area C** **Channel 7** **Message/Unit to Unit** **Channel 8** **Nova Base/Inquires** **Channel 9-12** **Investigative and Admin** 1. **Call Sign Structure:** a. 1^st^ Digit: district assignment b. 2^nd^ Digit: type of unit c. 3^rd^/4^th^: sector d. 5^th^: shift assignment 2. **District Phonetic** **District 1/15** **A - Alpha** ------------------- ----------------- **District 2** **B - Bravo** **District 3** **C - Charlie** **District 4** **D - Delta** **District 5** **E - Echo** **District 6** **F - Fox** **District 7** **G - Gold** **District 11** **H - Harry** **District 13** **J - Jake** **District 14** **K - Kilo** **District 18** **L - Lima** 3. **Second Digit of Call Sign = Type of Unit** **1** **Rapid Response (2 Officers)** ------- -------------------------------------- **2** **Patrol Wagon (2 Officers)** **3** **Motorcycle (1 Officer)** **4** **Neighborhood Service (1 Officer)** **5** **K-9 Officer (1 Officer)** **6** **Walking Beat/Bike (1 Officer)** **8** **Detective** **9** **Sergeant** **A** **Lieutenant** **C** **Command/Captain** **K** **Anti-Crime Car** 4. **3^rd^ and 4^th^ Digit Call Sign** e. **01-99 Sector** 5. **5^th^ digit call sign** f. A (ay) 2345-0730 last half/morning watch (alpha)(number designator 1) g. D (dee) 0730-1600 Days (days) (Number designator 2) h. F (eff) 1600-2345 First Half (frank) (Number Designator 3) 6. **On the Air:** CALL SIGN [Ocean Nora] 7. **Off the Air:** CALL SIGN [Ocean Frank] 8. **Arrive on Scene:** CALL SIGN [Adam Robert] -- give location arrived at 9. **L20 Report/Arrest\ ** 10. **3 Ways to Clear Call:** i. Miscel Code j. Charlie Robert (clearing an assist) k. Clear with an R (done and now available for calls)**\ ** 11. **The third and fourth digit for a Detective, Sergeant, Lieutenant, and Captain in a call sign**? l. Remains the same they own their call sign. 12. **If there is an 8 after the second digit in the call sign it means?** m. Detective Rating i. BA81- Lieutenant Detective ii. C981- Sergeant Detective iii. GC81- Captain Detective 13. **Miscel Codes** [Incident] [Phonetic] [Police Action] B -- Boy No person can be found -------------- ----------------------------- C -- Charlie No such address J- John FIOE prepared K -- King Issued traffic citation L- Lincoln Issued parking citation N- Nora Accidental/ Defective alarm P -- Paul Service rendered X -- X-ray Clear from code 19 1 = Burglar Alarm 8 = Investigate Person 9 = Investigate Premise 14 = Police Services 15 = Disturbance Drunk 19 = Walk and Talk **[CRISIS INTERVENTION (10 POINTS)]** 1. **Definitions:** a. **Attitude:** a settled [way of thinking or feeling] about someone or something, typically, one that is reflected in a person's behavior b. **Behavior**: is defined as the way in which a [person acts or conducts] oneself especially towards others c. **Culture:** the customary beliefs, social forms, and material traits of a racial, religious or social group d. **Empathy**: the [ability to understand and imagine what another person is feeling], the ability to accurately describe the emotional state of another e. **Ego:** the self especially as contrasted with another self or the world f. **Need:** wants that cause behavior 2. Behavior is caused by a need which mobilizes a person's energy **to reach a desired goal**. Behaviors are impacted by many things: upbringing, culture, lived experiences, socio-economic standing, age 3. **Maslow's Hierarchy of Needs**: five common needs people share g. **Physiological-survival Needs** (base): shelter, clothing, food, water, air*.* h. **Security/Safety Needs**: related to an orderly, stable, predictable, and safe environment i. **Social Needs**: love, acceptance, and approval by others -- people seek to belong to a group j. **Ego/Esteem Needs**: the need for [status and recognition] drives the ego need -- allow people to feel more important k. **Self-Actualization/Growth Needs**: [personal growth] and relate to achievement as measure against mature and [self-imposed criteria] 4. **Cultural Competency VS Cultural influence** l. **Cultural Competence:** is the ability to shift cultural perspective and adapt one's behavior to cultural similarities and differences. A person should take stock of the culture, values, and biases she has and how they will shape her/his views of others. m. **How can one become culturally competent?** i. **Self asses:** Think about what you have been taught to believe about those who are different. ii. **Learn:** Read as much about other cultures. iii. **Interact:** The best way to learn about other is talk to them. iv. **Communicate culturally:** Be mindful of how you communicate with others. v. **Listen:** Cultural competence requires deep listening. Understanding the other person not just listening. n. **Cultural Influence:** Think about the culture and the customs of a particular nation or social group. Culture is the society, way of life, lifestyle, and customs of a certain group. Culture and those who live in one's community have an impact on the way one goes about daily life. Culture also impacts how a person perceives law enforcement. 5. **What are the 21^st^ taskforce guidelines?** o. **Change the culture of policing** -- guardians should be the ones protecting us p. **Guardians vs. warriors** -- move away from being a warrior and to a guardian q. **Recommendation --** communities should promote policing that protects all 6. **What is the importance of attitude in performance of duties?** r. Professional Attitude s. Empathy t. Unbiased Treatment u. Impartial Treatment v. Unprejudiced 7. **Attitudes are learned** -- people's attitudes are shaped by their environments w. Factors include class, gender, age, and race x. **Durability**: the frequency of how much a person experiences something also effects attitude y. Officers have a duty to remain impartial, unprejudiced, empathetic and unbiased z. **Attitudes can also shape how officers interpret behavior** and how it is impacted by a person's attitude 8. **Misinterpreting** someone's behavior can also create problems a. Misinterpretations may by caused by a person's [limitations both physically and emotionally] b. Your behavior is not always determined by what you currently experience in the world c. Acknowledging all of this, LE officers are expected to act or behave with a professional, unbiased way with empathy and fairness 9. **Guidelines to Improve Human Relation Skills** d. Officers should not allow themselves to be goaded into unprofessional conduct by reacting negatively to a threat or challenge e. PO ensures everything they do is calculated f. A good officer is one who is [firm, fair and just] g. Important to not show hostility -- quiet, calm, and reasonable manner will sometimes cause hostility to evaporate or simmer down h. By being human and avoiding a scowl, reduces the potential of appearing as a threat i. **Body language/general demeanor/facial** expressions can indicate where or not you respect the person as a human being j. **Always show an interest in a person's problem** or rather their own personal crisis k. Officer's [private attitudes] should **not** influence his or her official duties l. Officer should [separate the person from the problem] m. Officer should not become personally involved n. [Command of one's temper] is key o. Don't take things personally 10. **Three steps to effective communication** p. The sender of the message transmits the message q. The receiver decodes the message r. The sender makes sure the receiver correctly understands the message 11. **What are the two types of communication?** s. Two-way vi. Accuracy and mutual understanding t. One-way vii. Speed and orderliness **[WRITTEN COMM (10 POINTS)]** 1. **A N U R/O I L** a. **A = "About"** b. **N = Names of Responding Officer** c. **U = Unit Call Sign** d. **R/O = "Responded to/Observed"** e. **I = Incident** f. **L = Location** 2. "About \_\_\_am/pm on Monday, 05/23/22, Officer \_\_\_\_\_\_\_ in the \_\_\_\_\_\_ responded to a radio call for \_\_\_\_\_\_\_\_\_\_\_\_\_\_ at \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_." 3. Important things to remember g. ALWAYS use "About" h. ONLY use "responded to/observed" i. ONLY use the neighborhood given to you for the location j. NO first names k. Time MUST be STANDARD aka "7:30am" or "4:00pm" l. Remember "RADIO CALL" not just a call **[MOTOR VEHICLE LAW (10 POINTS)]** 1. **Motor Vehicle Law Sources** a. **MGL** b. **Code of Mass Regulations (CMR)** c. **City Ordinances and By Laws** 2. **Types of MV Violations** d. **CMVI: [Minor Offenses] with no provision for imprisonment or arrest** e. **Criminal: more [serious offenses] with punishments that include prison** 3. **Key Elements to charge with a MV Offense** f. A **[motor vehicle]** i. All vehicles constructed and designed for propulsion by power other than muscular power including such vehicles when pulled or towed by another motor g. Being **[operated on]** ii. Any person who drives in control of a motor vehicle h. A [**public way**] or [ **public access**] (or in some cases a **[private way)]** iii. [Public Way:] Any street or highway open to public that's controlled/maintained by some level of government. Includes interstates, state highways, municipal streets. iv. [Public Access:] right of access, all "non-ways" where general public has right of access and regularly used by MV's 1. [Invitee:] public access request by business/owner 2. [Licensee:] public access with permission by property owner 4. **Rule 314 -- Traffic Enforcement** i. When a MV violation is observed, expected to take [appropriate enforcement action] based on... v. Operator's driving behavior vi. Seriousness of the offense vii. Danger created by the violation viii. Other information relevant to the infraction j. The goal is **[voluntary compliance]** k. Traffic Enforcement Options: ix. Verbal Warning x. Written Warning xi. Civil Citation xii. Complaint notice on citation form (criminal) xiii. Arrest of operator 5. **High Priority Violations** = substantially increase the risk of causing serious motor vehicle accidents or pedestrian injury l. Speeding m. Failure to Stop for a Red Light n. Failure to Stop for Stop Signs o. Failure to Yield to Pedestrians in a Crosswalk p. Improper Passing of a School Bus **[ETHICS (10 POINTS)]** 1. **Conflict of Interest:** a conflict between a person's private interests and public obligations; a situation in which a public official's decisions are influenced by the official's personal interests; a situation in which someone who has to make a decision in an official capacity stands support profit from the decision 2. **Cannon 6** -- employees shall avoid all conflicts of interest and a**ppearances of impropriety** -- never accept gratuities 3. Chapter 268A What Municipal Employees may not do... a. Conflict of interest **applies** to anyone performing services for a city/town or holding a municipal position, whether paid or unpaid, including full and part time, elected officials, volunteers and consultants b. **On The Job** i. [Bribes] money or any other valuable consideration given or promised with a view to corrupt the behavior of a person or public official ii. [Gifts/Gratuities] asking for or accepting a gift because of your official position, or because it's something you can do in your official position, is prohibited. **City no more than \$50 -- BPD Rule 102 \$0** iii. [Misuse of Position] may not use official position to get something they are not entitled to or that wouldn't be properly available to another similarly situated iv. [Self-Dealing and Nepotism] voting a certain way to get yourself more money or giving immediate family members a job; must file **written disclosure** 1. You/Significant Other 2. Both Sets of Parents 3. Both Sets of Siblings 4. Children v. [False Claims] presenting a false claim to your employer for payment or benefit is prohibited, or causing someone else to do it is also prohibited (ex. OT scandal) vi. [Appearance of Conflict] anything that would make someone think someone's showing favor or is influenced one way vii. [Confidential Info] may not disclose confidential info or use for personal reasons c. **After hours** viii. Taking a second job that conflicts with your duties ix. Divided Loyalties (must be loyal to the city of Boston only) x. Inside Tract (getting priority on something almost like insider trading) d. **After leaving public service** xi. Forever Ban may never work for anyone other than your municipality on a matter you had worked on xii. One Year Cool Off Period may not participate in any matter you had responsibility on for a year xiii. Partners your partners will also be subject to these restrictions 4. **BPD Rule 325 Paid Details** e. **Sec 4 Authorized Method of Payment** xiv. **[NEVER TAKE CASH FOR A DETAIL]** xv. Majority of time, it will be billed to the city f. **Sec 5 Assignment** xvi. Detail is an official department assignment xvii. No personal business xviii. Be in full uniform and on time xix. Be there for hours physically required xx. Performing police services g. **Sec 6 Traffic Details** xxi. Job to expedite traffic and SAFETY h. **Sec 7 Detail Cards** xxii. Must get signed -- YOU are responsible to put down ACCURATE hours xxiii. Even with the 4 hour rule, write down the [actual hours you are there]