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If the physical lineup takes place after court preceedings have commenced (indictment or 1st court appearance) The Susp has what right?
He has the right to the presence of an Attorney being present at the lineup. Only as a "silent" observer"
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Does the refusal to answer questions during a detention provide probable cause to escalate the detention to an arrest during an investigative stop?
No, A detainee is not obligated to answer any questions during a lawful detention.
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Reasonable Suspicion in a Detention. To be lawful .....
- Criminal Activity has TAKEN place or is ABOUT TO take place, and that the person detained is connected to that activity.
- Suspicion must be based in ARTICULABLE FACTS rather than a hunch or instinct
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is REFUSAL To cooperate, by "itself" a reason enough to detain?
NO!
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If an officers starts to "give ordes, demands answers, display a weapon, use a harsh tone, tell the person to stop what he or she is doign, or to move to some other location, " the encounter is viewed as a ____________
DETENTION
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During a Consensual Encounter, can officers "request" the individual to show I.D, Remove hands from pockets or step to the sie to answer questions?
Yes!! Officers cannot require the individual to stay and talk with them or require the individual to identify himself.
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Consensual Encounter:
Encounter between police and indiv in which the individual voluntarilty agrees to stop and speak to the officer. Officer CANNOT LEGALLY PREVENT THE INDIV FROM JUST WALKING AWAY.
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Training Bulletin: Legal Contacts with the Public.
What Constitutional Amendment deals with the Right of people to be free from unreasonable searches and seizures?
4th Amendment.
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What happens if an arrestee refuses to fully participate or cooperate in the lineup?
He/she will be informed that the resistance may be commented upon as an admission of built. FORCE SHOULD NEVER BE USED TO COMPEL AN ARRESTEE.
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If lineup occurs before Criminal Court proceedings, RSS/RHD notifies the LA County Public Defenders Office so.................
a that an Attorney can be present at the lineup.
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A "formal lineup" is also called a physical lineup. Physical lineups may be requested using a court order. When receiving a court order the Detective should "IMMEDIATELY" contact which section to facilitate?
- Robbery Special Section (RSS) , RHD (Robbery-Homicide Division) .
- UNDER NO CIRCUMSTANCES LINEUP BE CONDUCTED AT ANY JAIL FACILITY FOR A NON ARRESTEE
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Witnesses should be transported to the Suspect, not suspect. There are 3 exceptions:
- 1- Suspect clearly and voluntarily consents to being moved
- 2- PC exists to arrest the suspect and is taken into custody.
- 3- It is impractical to transport wit to suspect bc the Wit or Vict is injured and unable to be moved and the availability of officers is limited and the WAIT would create GREATER INTRUSION on the susps freedom than transporting the suspect.
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What should be avoided when dealing with possible suspect, since attorney is not present and he is detained for purpose of I.d?
- A full search of the detained suspect , or any search of the suspect's vehicle, should be avoided until after there has been a POSITIVE I.D.
- Pat down search is ok if the susp was armed/dangerous.
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How late can a field show up take place?
22 hours after the crime has been committed.
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Can officers ask the witness to rate (scale 1-10 or a percentage)
No
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Showups and Lineups:
what shall officers not do when conducting Photographic, Physical or field show ups
May not suggest in any way an individual committed the criem. Avoid any conduct before, during and after the ID process.
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Officers shall contact APS and complete department reports. Officers shall also complete what other form?_______ and fwd to APS office within how many WORKING days? _______
State of California (SOC) Form 341 and two working days
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Even if the victim does not want a crime report or prosecute what should officers do?
When it appears as if a crime has been committed, officers shall still complete appropriate reports and make arrangements with APS to place the victim in an emergency shelter if needed.
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To complete the crime of Elder or Dependent abuse, the suspect must know what:
That the victim is an elder or dependent adult when the crime is committed.
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Failing to report Elder or dependent abuse is guilty of a :
Misdemeanor
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Abuse of elder or dependent adults includes which types :
physical, sexual, abondonment, isolation, financial, neglect (self neglect too)
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Law enforcement are mandated reporters. We are required to report suspected elder abuse or dependent abuse to:
Adult Protective Services (APS)
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A DEPENDENT ADULT is anyone between the ages of ____ thru ____ who has pysical or mental limitations which restrict his or her ability to carry out normal activities or to protect his rights.
18-64
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PROBABLE CAUSE TO ARREST DEFINED:
SEt of facts that would cause a person of ordinary care and prudence to entertain an honest and strong suspicion that he person to be arrested is guilty of a crime. Only "fair probability" is needed that the individual committed the criem.
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Elder Abuse:
An Elder is defined as any person age _____ or older.
65 or older
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IS PIT ON A MOTORCYCLE AUTHORIZED?
Yes, only in situations where Deadly Force is authorized.. it's considered deadly force!.
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PIT should "generally" not be attempted on:
- Vehicles carrying Hazardous materials
- Large or heavy vehs
- vehicles with high center gravity
- suspect who is known to be armed.
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The primary concern for the officer conducting PIT is:
Location!
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PIT MAY BE USED WHEN "ALL" OF THE FOLLOWING CONDITIONS HAVE BEEN MET.
- The apparent risk of harm to officers or the general public clearly outweighs thepotential risk of implementing the PIT
- When the primary unit’s watch commander or the on-scene supervisor has givenapproval (unless exigent circumstances exist and the exigency can bearticulated)
- Other reasonable means of apprehension (tire deflation devices, etc.) are notpractical or have proven ineffective
- A third unit has joined the pursuit and is in position to support the primary andsecondary units
- When the speed of both vehicles is 35 mph or less
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seXUAL HARASSMENT occurs under 3 circumstances
- Quid Pro Quo (first two)
- 1- Submission to sexual advances
- 2- when submission to or rejection of such conduct is used as the basis for employment decisions
- 3- conduct that has the prupose or efect of unreasonably interfering with an indiv work performance
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one of the most common forms of unlawful sex discrimination inour work environment. It is characterized by unwelcome sexual advances, requests forsexual favors and other verbal or physical conduct of a sexual nature
SEXUAL HARASSMENT
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Adverse Impact:
Personnel system or practice that appears neutral, but aversely affects individuals of a certain class or group on a disproportionate basis.
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disparate Treatment:
is any employment practice or decision which intentionally orunintentionally results in the unequal treatment of an individual or group based on theirmembership in one of the protected classes for other than job related (bona fideoccupational qualification) reasons
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3 Types of UNLAWFUL DISCRIMINATION:
- 1- Disparate Treatment
- 2- Adverse Impact
- 3- Failure to provide reasonable accommodations.
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Unlawful Discrimination:
is any employment practice or decision which intentionally orunintentionally results in the unequal treatment of an individual or group based on theirmembership in one of the protected classes for other than job related (bona fideoccupational qualification) reasons
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Can we use a CArabiner Hook?
Yes, primary use of the hook is to assist officers in controlling handcuffed suspects by preventing them from slipping the handcuffs underneath their legs.
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What are plastic handcuffs used for?
on non-violent arrestees and should not be used to restrain combative arrestees or persons with mental illness.
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How many Plastic Handcuffs should officers carry?
Two in their field equipment.
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handcuffing: When restraining an individual, the following factors should be considered:
- The possibility of the arrestee escaping or the incident escalating
- A potential threat to the officers and other persons
- the knowledge of the arrestee's previous encounters with law enforcement.
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