200 Constitutional Law 2.02.2022 Past Paper PDF

**OBJECTIVES** BLOCK: 200 Constitutional Law SECTION: All TIME ALLOTTED: 32 hours DATE EFFECTIVE: 02/02/2022 REPLACES: 04/25/2017 +-----------------------------------+-----------------------------------+ | [SYNOPSIS]: | | |...

**OBJECTIVES** BLOCK: 200 Constitutional Law SECTION: All TIME ALLOTTED: 32 hours DATE EFFECTIVE: 02/02/2022 REPLACES: 04/25/2017 +-----------------------------------+-----------------------------------+ | [SYNOPSIS]: | | | | | | The study of the basic concepts | | | of Constitutional Law are the | | | logical starting place for any | | | course of law enforcement | | | instruction. A knowledge of basic | | | Constitutional Law is essential | | | to most other blocks of study in | | | the Basic Recruit program, and | | | makes the difference between an | | | officer who can effectively | | | enforce laws, and the officer who | | | is constantly running afoul of | | | the Criminal Justice system. The | | | powers given to law enforcement | | | by the Constitution are immense, | | | including decisions of life and | | | death, but they are not | | | limitless. In order to be | | | effective, a peace officer must | | | know what he or she is empowered | | | to do, as well as what he/she is | | | not allowed to do. Only with this | | | knowledge can he/she make the | | | split-second decisions that | | | protect the officer, apprehend | | | the criminal, and result in | | | enforcement actions that can | | | later be defended in court. | | | | | | This course will look at the Bill | | | of Rights, especially the First, | | | Fourth, Fifth and Sixth | | | Amendments, and the Fourteenth | | | Amendment which has, over time, | | | been used to make these Federal | | | guidelines apply to local law | | | enforcement. We study in depth | | | the application of the Fifth | | | Amendment to the obtaining of | | | incriminating statements from | | | suspects, and look briefly at how | | | the attachment of Sixth Amendment | | | rights changes how interrogations | | | can be done. We then turn to the | | | Fourth Amendment and explore the | | | various powers to search and | | | seize evidence granted to peace | | | officers, looking at the search | | | warrant, and various exceptions | | | to the Fourth Amendment search | | | warrant requirement. Finally, the | | | concept of peace officer | | | liability, both civil and | | | criminal, is explored. When | | | completed, the successful recruit | | | will have a clear idea of the | | | principles governing peace | | | officer actions and will be able | | | to apply these to new situations | | | when they arise, both in other | | | blocks and, most importantly, on | | | the street. | | | | | | [OBJECTIVES]: | | | | | | The trainee will be able to: | | | | | | 201 -- INTRODUCTION TO LEGAL BLOC | | | KS (suggested time 2 hours) | | | --------------------------------- | | | --------------------------- | | | | | | 1\. Identify the differences | | | between civil and criminal law | | | as it regards: | | | | | | a\. The persons involved. c. The | | | level of information required | | | to find responsible. | | | | | | b\. The actions that get one | | | involved. d. The potential | | | penalties. | | | | | | 2\. Identify the following | | | regarding the Bill of Rights to | | | the U.S. Constitution: | | | | | | a\. Which Amendments are | | | included. | | | | | | b\. What the Bill of Rights | | | "does," in general terms. | | | | | | c\. The basic provisions of the | | | 1st, 4th, 5th and 6th | | | Amendments applying to peace | | | officers. | | | | | | 3\. Identify the following | | | regarding the 14th Amendment to | | | the U.S. Constitution: | | | | | | a\. The relationship between the | | | laws of the Federal and State | | | governments which it | | | established. | | | | | | b\. The effect of the Amendment | | | on the average citizen in terms | | | of citizenship and legal | | | expectations. | | | | | | c\. The effect on local law | | | enforcement officers. | | | | | | 4\. Identify the following | | | regarding the organization of | | | the Federal and State | | | governments: | | | | | | a\. The three branches into | | | which the government is | | | divided. | | | | | | b\. The branch of government of | | | which he/she is a part, the | | | branch which uses his/her work, | | | and the difficulty this | | | difference presents. | | | | | | 5\. Identify the following | | | regarding the concept of | | | \"right and remedy\": | | | | | | a\. The relationship between | | | rights and remedies. | | | | | | b. The role the Exclusionary | | | Rule plays in protecting | | | his/her Constitutional Rights | | | and those of other citizens. | | | | | | **202 -- THE CRIMINAL PROCESS** | | | (suggested time 2 hours) | | | | | | 1\. Identify what happens at | | | each point in the process, from | | | detention to trial. | | | | | | 2\. Identify what booking is and | | | explain why it is done. | | | | | | 3\. Identify what is required by | | | the Missouri Twenty-four Hour | | | Rule. | | | | | | 4\. Identify any of the four | | | actions that a prosecutor may | | | take when an arrest warrant | | | application is made and reasons | | | why each action is taken. | | | | | | 5\. Identify what the grand jury | | | is, and what it does in the | | | criminal justice process. | | | | | | 6\. Identify the purpose of each | | | of the following documents and | | | the party who issues each: | | | | | | 7\. Identify what happens to the | | | evidence collected by the | | | officer during the discovery | | | process. | | | | | | **203 -- RULES OF EVIDENCE** | | | (suggested time 3 hours) | | | | | | 1\. Identify the definition of | | | the term "evidence." | | | | | | 2\. Identify what "chain of | | | custody" is and to what type of | | | evidence it applies. | | | | | | 3\. Identify what the "best | | | evidence rule" is, and what it | | | is designed to do. | | | | | | 4\. Identify the following | | | regarding hearsay and the | | | Hearsay Rule: | | | | | | a\. Why hearsay is generally | | | inadmissible as evidence. | | | | | | b\. For what hearsay may be used | | | even if it cannot be used in | | | trial. | | | | | | c\. When a police report is | | | hearsay. | | | | | | d\. The nine exceptions to the | | | Hearsay Rule discussed in | | | class, including the two | | | specifically for police | | | reports. | | | | | | e\. What must be shown by the | | | prosecutor in order to use each | | | of these nine exceptions to | | | Hearsay. | | | | | | 5\. Identify the following | | | regarding eyewitness | | | identifications: | | | | | | a\. The overriding requirement | | | for admissibility of eyewitness | | | identification evidence. | | | | | | b\. The general circumstances | | | under which each is most | | | appropriately used. | | | | | | c\. The two requirements for | | | admissible one-on-one | | | confrontations based on Supreme | | | Court decisions. | | | | | | d\. The criteria which will be | | | used by the courts to determine | | | admissibility where the | | | one-on-one confrontation takes | | | place some greater time after | | | the crime occurred. | | | | | | e\. Two types of situations | | | where a one-on-one | | | identification of an arrested | | | person may be appropriate. | | | | | | f\. The role of an attorney in | | | eyewitness identification | | | procedures. | | | | | | g\. Any restrictions on use of | | | identifications where there was | | | no police involvement. | | | | | | 6\. Identify the following | | | regarding the Exclusionary | | | Rule, its associated doctrine, | | | and the exceptions to these: | | | | | | a\. The effect of the | | | Exclusionary Rule on evidence | | | gathered improperly. | | | | | | b\. The effect of the Fruit of | | | the Poisonous Tree Doctrine. | | | | | | c\. The intended purposes and | | | controversial actual effect of | | | the Exclusionary Rule. | | | | | | d\. What principle makes the | | | Exclusionary Rule still | | | necessary for proper | | | functioning of our legal | | | system? | | | | | | e\. The four exceptions to the | | | Exclusionary Rule discussed in | | | class. | | | | | | f\. What the prosecutor must | | | prove in order to use each of | | | these four exceptions to the | | | Exclusionary Rule. | | | | | | **\ | | | 204 -- ADMISSIONS AND CONFESSIONS | | | / MIRANDA** (suggested time 5 | | | hours) | | | | | | 1\. Identify that voluntariness | | | is the overriding procedural | | | requirement regarding the | | | obtaining of admissions and | | | confessions. | | | | | | 2\. Identify the following | | | regarding the Miranda v. | | | Arizona decision: | | | | | | a\. The purpose of a Miranda | | | warning. | | | | | | b\. What Amendment to the U.S. | | | Constitution is protected by | | | the reading of the \"Miranda | | | Rights?\" | | | | | | c\. The relevant provision of | | | that Amendment. | | | | | | d\. The reason assistance of an | | | attorney is promised in a | | | Miranda warning. | | | | | | e\. When a Miranda warning is | | | required (the "Miranda | | | Equation")? | | | | | | f\. The Miranda warning | | | requirement for non-testimonial | | | evidence. | | | | | | g\. Why it is generally not a | | | good idea to give a Miranda | | | warning when it is not | | | required? | | | | | | 3\. Identify to whom the Miranda | | | warning requirement applies. | | | | | | 4\. Identify the following | | | regarding a definition of | | | "custody for Miranda purposes": | | | | | | a\. The general rule regarding | | | custody for Miranda purposes. | | | | | | b\. What is meant by | | | "reasonable" belief in this | | | general rule? | | | | | | c\. The effect of any of the | | | custody issues on the need for | | | Miranda warnings. | | | | | | 5\. Identify the following | | | regarding a definition of | | | "interrogation for Miranda | | | purposes": | | | | | | a\. When asking questions is | | | clearly interrogation for | | | Miranda purposes and when it is | | | not. | | | | | | b\. When interrogation exists | | | even when no questions are | | | being asked. | | | | | | c\. The best procedure to follow | | | when listening to volunteered | | | statements without giving | | | Miranda. | | | | | | 6\. Identify the following | | | regarding the giving of a | | | Miranda warning: | | | | | | a\. Who must prove that a | | | Miranda warning was made and | | | that it was valid? | | | | | | b\. The content of a | | | court-acceptable Miranda | | | warning. | | | | | | c\. The two things to which a | | | suspect must agree before | | | interrogation may begin. | | | | | | d\. The value of a written | | | waiver of rights. | | | | | | 7\. Identify the effect of the | | | following on the procedure to | | | be followed for a Miranda | | | warning and subsequent waiver: | | | | | | a\. The youth of the suspect or | | | inexperience with police | | | officers. | | | | | | b\. The apparent intelligence of | | | the suspect. | | | | | | c\. The suspect is under the | | | influence of drugs including | | | alcohol. | | | | | | d\. The suspect is an attorney | | | and already knows his/her | | | rights. | | | | | | e\. The suspect has been | | | arrested before and already | | | knows his/her rights. | | | | | | f\. The suspect has his/her | | | attorney present during | | | questioning. | | | | | | 8\. Identify what the officer | | | should do, after giving a | | | Miranda warning, if: | | | | | | a\. The suspect cannot or will | | | not understand the warning. | | | | | | b\. The suspect agrees to make a | | | statement. | | | | | | c\. The suspect states that | | | he/she does not wish to talk. | | | | | | d\. The suspect states that | | | he/she wishes to have an | | | attorney, now or in the future. | | | | | | e\. The suspect agrees to talk | | | but will not sign a written | | | waiver. | | | | | | f\. The suspect does not respond | | | to the warning at all. | | | | | | g\. The suspect starts giving a | | | statement immediately after the | | | warning. | | | | | | h\. The suspect's answer leaves | | | him/her unsure if there was a | | | waiver. | | | | | | i\. The suspect refuses to give | | | a statement to you, but other | | | officers wish to question | | | him/her about another crime. | | | | | | j\. The suspect changes his/her | | | mind about the waiver after | | | interrogation has begun. | | | | | | k\. The suspect wishes to waive | | | his/her rights after an initial | | | refusal to talk. | | | | | | l\. The suspect wishes to waive | | | his/her rights after an initial | | | request for an attorney. | | | | | | m\. The suspect makes ambiguous | | | requests to stop answering | | | questions or to have an | | | attorney present during | | | questioning | | | | | | 9\. Identify the following | | | regarding the repeating of the | | | Miranda warning: | | | | | | a\. The situations discussed in | | | class and the text where it is | | | a good idea to repeat a Miranda | | | warning. | | | | | | b\. What should be done if prior | | | custodial interrogation took | | | place without a Miranda | | | warning? | | | | | | 10\. State how long the Miranda | | | protections last, after a | | | suspect has invoked the Rights | | | in response to a warning. | | | | | | 11\. Identify the following | | | about the protection of a | | | suspect's Sixth Amendment | | | rights: | | | | | | b\. Whether a defendant may | | | still waive his/her Rights. | | | | | | c\. Whether interrogation of the | | | defendant on unrelated crimes | | | is allowed. | | | | | | 12\. Describe the following in | | | an essay, given a description | | | of an arrest, interrogation, | | | and subsequent search: | | | | | | a\. Whether the confession and | | | the evidence seized would be | | | admissible. | | | | | | b\. The reason why a given piece | | | of evidence would be admissible | | | or not. | | | | | | c\. The rules of evidence | | | discussed in class which would | | | apply to that decision. | | | | | | 13\. Demonstrate an appropriate | | | method for giving the Miranda | | | Warning and obtaining a waiver, | | | given a role-playing scenario. | | | | | | **205 -- CONTACT, DETENTION AND | | | ARREST** (suggested time 4 hours) | | | | | | 1\. Identify the first major | | | provision of the Fourth | | | Amendment to the U.S. | | | Constitution and its effect on | | | the procedure for seizing of | | | persons. | | | | | | 2\. Identify the major point of | | | difference between a contact, a | | | detention, and an arrest. | | | | | | 3\. Identify the following | | | regarding voluntary contacts: | | | | | | a\. What type of Fourth | | | Amendment seizure it is? | | | | | | b\. What minimum justification - | | | how much information - is | | | needed? | | | | | | c\. How much force may be used | | | to maintain one? | | | | | | d\. What type of search may be | | | authorized by it? | | | | | | e\. If Miranda is required | | | during a voluntary contact if | | | one wishes to ask guilt-seeking | | | questions. | | | | | | 4\. Identify the following | | | regarding investigative or | | | temporary detentions: | | | | | | a\. What type of Fourth | | | Amendment seizure it is? | | | | | | b\. What minimum justification - | | | how much information - is | | | needed? | | | | | | c\. What types of facts and | | | sources of facts may be used to | | | develop reasonable suspicion | | | and when anonymous tips can and | | | can not be used for that | | | purpose? | | | | | | d\. The three general | | | restrictions on detentions | | | which should be observed by an | | | officer who does not have | | | probable cause for an arrest. | | | | | | e\. What must be documented when | | | using handcuffs in a detention | | | situation to prevent it | | | becoming a de facto arrest. | | | | | | f\. What type of search may be | | | authorized for a detained | | | suspect? | | | | | | g\. If Miranda is required | | | during a detention if one | | | wishes to ask guilt-seeking | | | questions? | | | | | | h\. What an officer may do if | | | the suspect refuses to answer | | | questions? | | | | | | 5\. Identify the following | | | regarding arrests: | | | | | | a\. What type of Fourth | | | Amendment seizure it is? | | | | | | b\. What kind of actions might | | | constitute an arrest? | | | | | | c\. What minimum justification - | | | how much information - is | | | needed? | | | | | | d\. What types of facts and | | | sources of facts may be used to | | | develop probable cause for | | | arrest? | | | | | | e\. What, if any, limitations | | | are placed on the officer's | | | surveillance of a suspect after | | | arrest? | | | | | | f\. How much force may be used | | | to maintain an arrest? | | | | | | g\. The requirements for use of | | | deadly force to make an arrest. | | | | | | h\. What type of search may be | | | authorized by an arrest? | | | | | | i\. If Miranda is required | | | during an arrest if one wishes | | | to ask guilt-seeking questions? | | | | | | 6\. Identify the following | | | regarding reasonable suspicion | | | and probable cause for arrest: | | | | | | a\. The two issues that must be | | | reasonably suspected to | | | establish reasonable suspicion | | | for a detention. | | | | | | b\. The two issues that must be | | | reasonably believed to | | | establish probable cause for | | | arrest. | | | | | | c\. If a given set of facts | | | provide probable cause for | | | arrest. | | | | | | 7\. Identify the four factors | | | that may be used to establish | | | the reliability of information | | | from a criminal informant. | | | | | | 8\. Identify the legal authority | | | required to arrest subjects in | | | a public place, in the | | | suspect\'s residence, or in a | | | third party\'s residence. | | | | | | 9\. Identify the authority | | | granted to peace officers by | | | RSMo Sec. 544.216 regarding | | | arrests for traffic violations | | | and ordinances, and issues, if | | | any, of pretext raised by this | | | authority. | | | | | | **206 - PRISONER RIGHTS AND | | | PRIVILEGES** (suggested time 2 | | | hours) | | | | | | 1\. Identify the difference | | | between a right and a | | | privilege. | | | | | | 2\. State the general principle | | | regarding prisoner rights. | | | | | | 3\. Identify from a list or | | | scenario those items which are | | | "rights" guaranteed by the | | | federal or state constitutions | | | and any limitations on these. | | | | | | 4\. State the general principles | | | regarding prisoner privileges. | | | | | | 5\. Identify the common | | | privileges which an inmate / | | | prisoner might expect and any | | | limitation on these. | | | | | | 6\. Identify the legal | | | distinction between a holdover | | | and a detention facility in | | | terms of the rights and | | | privileges granted the | | | prisoners. | | | | | | 7\. Identify four policy | | | procedures which jails or | | | detention facilities should | | | follow to ensure that | | | inmates/detainees understand | | | their rights and privileges. | | | | | | 8\. Identify the legal | | | requirement for a | | | inmate/detainee grievance | | | procedure. | | | | | | 9\. Identify four common-sense | | | precautions which will help | | | avoid or defend against | | | criminal or civil liability | | | when serving as a jail or | | | detention officer. | | | | | | 207 - SEARCHES, SEIZURES AND THE | | | SEARCH WARRANT (suggested time 2 | | | hours) | | | | | | 1\. Identify the second major | | | provision of the Fourth | | | Amendment to the U.S. | | | Constitution and the | | | expectation it creates for the | | | seizing of property and | | | persons. | | | | | | 2\. Identify the following | | | regarding searches and | | | seizures: | | | | | | a\. The four issues that must be | | | reasonably believed to | | | establish probable cause for a | | | search. | | | | | | b\. The definition of the terms | | | "search" and "seizure." | | | | | | c\. Who has standing to claim | | | the protection of the Fourth | | | Amendment from unreasonable or | | | unwarranted searches and | | | seizures? | | | | | | 3\. Identify the following | | | regarding a search warrant: | | | | | | a\. What a search warrant is? | | | | | | b\. Why it is preferable to have | | | a search warrant when searching | | | a protected area? | | | | | | c\. What an affidavit is and | | | what it must contain? | | | | | | d\. How "stale" information | | | effects the validity of a | | | search warrant? | | | | | | e\. What is a "reasonable area" | | | for a search based on a search | | | warrant? | | | | | | f\. How long is a "reasonable | | | time" for a search based on a | | | search warrant? | | | | | | g\. How long a Missouri search | | | warrant remains in effect? | | | | | | h\. The effect of leaving the | | | location being searched, under | | | both normal and emergency | | | circumstances, on further | | | execution of the warrant. | | | | | | 4\. State the following | | | regarding searches incident to | | | execution of a search warrant: | | | | | | a\. the general rule for the | | | searching of persons incident | | | to a search warrant | | | | | | b\. the best procedure to follow | | | when the majority of the | | | activity at the location named | | | in the search warrant is | | | legitimate | | | | | | c\. the best procedure to follow | | | when the majority of the | | | activity at the location named | | | in the search warrant is | | | illegal | | | | | | 5\. Identify the following | | | regarding the entry requirement | | | to serve a search warrant: | | | | | | a\. The steps required in a | | | legal "knock and announce." | | | | | | b\. When a no-knock warrant | | | execution may be justified. | | | | | | c\. The four general types of | | | responses to a knock and | | | announce. | | | | | | d\. What an officer should do | | | after receiving any of the four | | | types of responses? | | | | | | e\. How long an officer must | | | wait for a response to a "knock | | | and announce?" | | | | | | f\. What determines a | | | "reasonable length of time" for | | | a wait? | | | | | | g\. What force may be used to | | | gain entry to serve a search | | | warrant? | | | | | | 6\. Identify the following | | | regarding the execution of a | | | search warrant: | | | | | | a\. What must be done with the | | | search warrant after entry, | | | when the premise is occupied, | | | when it is occupied and the | | | occupant is arrested, and when | | | it is unoccupied? | | | | | | b\. The basic procedure for | | | inventorying items seized in a | | | search under the same three | | | circumstances~~.~~ | | | | | | c\. The officer's responsibility | | | to secure the premise after a | | | search under the same three | | | circumstances. | | | | | | d\. What must be done with the | | | search warrant, inventory | | | sheet, and items seized after a | | | search is completed, and what | | | time restraints exist? | | | | | | 7\. Identify restrictions placed | | | on peace officers' ability to | | | invite the media to accompany | | | them when executing a warrant. | | | | | | **208 -- NON-FOURTH AMENDMENT | | | SEARCHES** (suggested time 2 | | | hours) | | | | | | 1\. Identify the following | | | regarding searches of abandoned | | | property: | | | | | | a\. What must be shown to | | | establish abandonment in | | | general. | | | | | | b\. Acts which would likely | | | establish abandonment of | | | personal property, vehicles or | | | premises. | | | | | | c\. The justification to search | | | property which has been | | | abandoned. | | | | | | 2\. Identify the following | | | regarding the "open field" | | | doctrine and curtilage: | | | | | | a\. What a reasonable or | | | legitimate expectation of | | | privacy is. | | | | | | b\. Definitions of the following | | | terms: "open field", | | | "curtilage", "public area", | | | "quasi-public area", and | | | "private property" | | | | | | c\. The four factors the courts | | | will consider when determining | | | if a particular area is within | | | "curtilage of a dwelling." | | | | | | d\. What justification is needed | | | to search those areas? | | | | | | e\. When and what law | | | enforcement may search on | | | public transport. | | | | | | f\. Circumstances in which a | | | public area is not an "open | | | field" | | | | | | g\. When an individual may lose | | | reasonable expectation of | | | privacy in a public place. | | | | | | h\. When surveillance of private | | | property is reasonable. | | | | | | 3\. Identify the following | | | regarding the plain view | | | doctrine: | | | | | | a\. The three elements required | | | (justification) for a valid | | | seizure under the Plain View | | | Doctrine. | | | | | | b\. The level of certainty that | | | the items are contraband or | | | evidence that is required for a | | | seizure. | | | | | | c\. The most appropriate action | | | to be taken in a situation | | | where evidence or contraband is | | | on curtilage, in plain view of | | | the officer, but outside the | | | area where he/she has a legal | | | right to be. | | | | | | 4\. Identify the following | | | regarding the search of | | | protected areas by a private | | | person: | | | | | | a\. The restrictions placed on a | | | private citizen by the | | | provisions of the Fourth | | | Amendment. | | | | | | b\. The scope of a search of the | | | same protected area by a police | | | officer. | | | | | | c\. The effect of direction or | | | encouragement of, or | | | participation in a private | | | search by a police officer. | | | | | | **209 - STOP AND FRISK** | | | (suggested time 1 hour) | | | | | | 1\. Identify the following | | | regarding the legal | | | justification for a frisk: | | | | | | a\. The justification needed to | | | stop the suspect. | | | | | | b\. The further justification | | | needed for a frisk of a | | | detained person and/or vehicle. | | | | | | 2\. Identify the following | | | regarding the legal scope of a | | | frisk: | | | | | | a\. The general scope of a frisk | | | of a detained person and/or | | | vehicle (where and for what). | | | | | | b\. The circumstances under | | | which a "plain feel" seizure of | | | contraband or evidence is | | | legal. | | | | | | c\. When a container may be | | | searched for weapons during a | | | frisk. | | | | | | d\. What an officer can do while | | | detaining a suspect with a | | | container when a frisk of the | | | container does not seem | | | reasonable. | | | | | | **210 - SEARCH INCIDENT TO | | | ARREST** (suggested time 3 hours) | | | | | | 1\. Identify the following | | | regarding searches incident to | | | arrest: | | | | | | 2\. Identify the authority that | | | allows the seizure of evidence | | | or contraband found at the time | | | of an arrest, whether it is | | | within leaping or lunging | | | distance or not. | | | | | | 3\. Identify the following | | | regarding protective sweeps: | | | | | | 4\. Identify the following | | | regarding obtaining physical | | | evidence from a suspect | | | | | | 5\. Describe, given a situation | | | involving a search incident to | | | arrest, what justification | | | would be needed to perform the | | | search and the proper procedure | | | to follow. | | | | | | 6\. Demonstrate proper search | | | incident to arrest | | | decision-making and procedure | | | in a role playing situation. | | | | | | 211 -- SEARCHES AND SEIZURES | | | WITHOUT A WARRANT (suggested time | | | 4 hours) | | | | | | 1\. Identify the following | | | regarding motor vehicle stops: | | | | | | a\. The minimum justifications | | | (2) needed to stop a motor | | | vehicle. | | | | | | b\. Actions which may be taken, | | | without additional facts, when | | | an officer stops a motor | | | vehicle. | | | | | | 2\. Identify the following | | | regarding searches and seizures | | | under the Motor Vehicle | | | Exception to the Fourth | | | Amendment warrant requirement | | | (automobile exception): | | | | | | a\. The justification for and | | | scope of a search under this | | | exception. | | | | | | b\. Whether an officer may | | | search containers under this | | | exception and any limitations | | | which exist. | | | | | | c\. When a search of an | | | impounded vehicle, based on the | | | Motor Vehicle Exception, is | | | legal and when it is not, and | | | what to do if it is not. | | | | | | d\. Whether "motor homes" may be | | | treated as vehicles for the | | | purpose of searching under this | | | exception and when. | | | | | | 3\. Identify the following | | | regarding searches made under | | | emergency or exigent | | | circumstances: | | | | | | a\. The justification for and | | | scope of an emergency search. | | | | | | b\. When a search, based on | | | emergency circumstances, must | | | end. | | | | | | c\. What justifies seizure of | | | blood from an individual whom | | | you have arrested for DUI, and | | | who must take the blood sample? | | | | | | d\. When an officer may use "hot | | | pursuit" as a justification for | | | a warrantless entry to a | | | protected area. | | | | | | 4\. Identify the following | | | regarding consent searches: | | | | | | a\. The basic requirements for a | | | legal consent to search. | | | | | | b\. What an officer should do, | | | if possible, to establish that | | | the consent was voluntary. | | | | | | c\. Officer actions which could | | | invalidate a consensual search. | | | | | | d\. The scope of a consensual | | | search. | | | | | | e\. When a search based on | | | consent must end. | | | | | | f\. Given a situation where | | | there is joint possession or | | | use of the property, the person | | | or persons who can give a | | | lawful consent. | | | | | | g\. What an officer should do if | | | the person present has doubtful | | | authority or persons with equal | | | joint authority disagree | | | regarding consent. | | | | | | h\. What will happen if the | | | officer reasonably believed the | | | person had authority at the | | | time the consent was given, but | | | he/she turns out to be wrong? | | | | | | 5\. Identify the following | | | regarding administrative | | | searches: | | | | | | a\. The justification for and | | | scope of an inventory of a | | | motor vehicle and any | | | containers found therein. | | | | | | b\. The limitation on the | | | inventory of locked containers | | | found in an impounded motor | | | vehicle. | | | | | | c\. Whether locked glove boxes | | | and trunks may be inventoried | | | and any justification needed. | | | | | | d\. What will happen if an | | | inventory appears to the court | | | to be a pretense for a search? | | | | | | e\. The justification for and | | | scope of an inventory of | | | personal effects during a | | | booking procedure. | | | | | | f\. The limitation on the | | | inventory of locked containers | | | in possession of an arrested | | | party during a booking | | | procedure. | | | | | | 6\. State whether suspicionless | | | "random" stops of motor | | | vehicles can be made: | | | | | | a\. For detection of drunk | | | drivers. | | | | | | b\. To locate vehicles being | | | used to transport drugs | | | (narcotics checkpoints) or for | | | other crime control purposes. | | | | | | c\. To gather information about | | | a crime that took place near | | | where the stop was being made. | | | | | | 7\. Describe, given a situation | | | involving the searching of a | | | protected area without a | | | warrant, what justification | | | would be needed to perform the | | | search and the proper procedure | | | to be followed. | | | | | | 8\. Demonstrate proper | | | warrantless search | | | decision-making and procedure | | | in a role playing situation. | | | | | | 212 - PEACE OFFICER LIABILITY (su | | | ggested time 2 hours) | | | --------------------------------- | | | --------------------- | | | | | | 1\. Identify the following | | | regarding police liability | | | | | | a\. The purposes of compensatory | | | and punitive damages. | | | | | | b\. Who, as a matter of policy | | | (as opposed to practice), must | | | pay compensatory and punitive | | | damages? | | | | | | c\. The ability of insurance | | | companies to pay punitive | | | damages. | | | | | | d\. The difference between | | | intentional and negligent | | | torts. | | | | | | e\. The general defenses against | | | torts, Constitutional torts, | | | and Civil Rights Criminal | | | Actions. | | | | | | f\. The ability of ignorance of | | | the law to establish | | | "reasonable good faith" | | | | | | g\. The defense provided for | | | civil litigation by a | | | justification in the Criminal | | | Code. | | | | | | 2\. Explain what is meant by the | | | term "qualified immunity," how | | | it differs from "absolute | | | immunity," and whether it is a | | | defense against civil | | | litigation. | | | | | | 3\. State that any of the | | | following six types of | | | situations presents a | | | particularly high risk of | | | liability to police officers: | | | | | | a\. excessive use of force d. | | | negligent use of a firearm | | | | | | b\. false arrest e. negligent | | | use of a motor vehicle | | | | | | c\. false imprisonment f. | | | roadblocks | | | | | | 4\. Identify ways that the | | | police officer might best | | | defend him/herself against a | | | civil suit or criminal action | | | in the following areas, based | | | on the handout provided in | | | class. | | | | | | a\. Use of force - especially | | | the value of documentation of | | | the incident and any injuries, | | | the need to end force | | | immediately when control is | | | obtained, the proper care of | | | the subject, and issues | | | regarding roadblocks and how to | | | set-up a roadblock to minimize | | | liability. | | | | | | b\. False arrest -- especially | | | the need to be sure of your | | | probable cause and the need to | | | unarrest if that probable cause | | | disappears. | | | | | | c\. False imprisonment -- | | | especially unarrest, speedy | | | application for warrant and | | | observation of the Twenty-four | | | Hour Rule. | | | | | | d\. Negligent use of a firearm | | | -- especially proper use and | | | maintenance of firearms, | | | avoidance of warning shots, | | | proper storage and proper | | | training and practice. | | | | | | e\. Negligent use of a motor | | | vehicle -- especially | | | importance of following all | | | traffic laws, provisions for | | | operating as an emergency | | | vehicle, issues regarding | | | pursuits, maintenance of the | | | vehicle, and some common causes | | | of vehicular liability within | | | the control of the officer. | | | | | | f\. Roadblocks - especially the | | | importance of proper placement | | | of roadblocks and how an | | | improperly executed roadblock | | | can be considered an | | | unreasonable seizure because of | | | excessive use of force. | | | | | | SOURCE DOCUMENT | | | | | | BLOCK: 200 Constitutional Law | | | | | | SECTION: All | | | | | | TIME ALLOTTED: 32 hours | | | | | | DATE EFFECTIVE: 02/02/2022 | | | | | | REPLACES: 04/25/2017 | | | | | | **201 -- INTRODUCTION TO LEGAL | | | BLOCKS** | | | | | | 1\. See handouts "Comparison of | | | Two Legal Systems." | | | | | | 2\. a. Amendments 1 through 10 | | | are collectively called the | | | Bill of Rights. | | | | | | b\. In general terms, the Bill | | | of Rights defines the rights | | | guaranteed to all U.S. | | | citizens. These are the | | | so-called "Constitutional | | | Rights." | | | | | | c\. See handouts - "The Bill of | | | Rights and Fourteenth Amendment | | | to the U.S. Constitution" | | | (green sheets - underlined |