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Part one crimes are?
(HAAARRBL)Homicide, Arson, Assault, Auto, Rape, Robbery, Burglary, and Larceny
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When is homicide called out?
Suspicious Death, OIS, In Custody, Adult Kidnap, Homicide, Suicide, SIDS, Assault with death probable
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What are the three parts of a search warrant?
- Warrant – An order in writing, in the name of the people, signed by a magistrate, directed to a peace officer commanding him to search for a person, a thing or things, or personal property, and bring it before the magistrate. (PC 1523)
- Affidavit – A sworn statement by the affiant describing the probable cause to search a particular person, place, or thing for a specific person, property, or things.
- Receipt and Inventory - Lists of property seized as a result of a search warrant
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What are the items which must appear on a search warrant?
- Names of all affiants
- Statutory grounds of issuance
- Description of places and/or persons to be searched
- Description of the property to be seized
- Indication if nighttime service is authorized
- Judge’s signature
- Date issued
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What do you leave at the scene of a search warrant?
Copy of the search warrant and copy of the Receipt & Inventory.
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Unless night service is authorized, a search warrant must be served
after 0700 hours and before 2200 0700 – 2200
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Unless night service is authorized, an arrest warrant must be served
after 0600 hours and before 2200 hours. 0600 – 2200 for misd anytime for felonies.
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When can night service be requested?
When the likelihood of destruction of evidence or it becomes a safety issue
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How many days do you have to serve a search warrant?
10 Calendar Days
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How many days do you have to return a search warrant?
10 Calendar Days
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The first day the search warrant is signed is counted as
day ZERO
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What form do you have to have completed before a search warrant, arrest warrant, or conducting a parole or probation search?
High Risk Warrant Checklist
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When helping an outside agency with a search, a deputy needs to make sure what form is filled out?
High Risk Entry Checklist
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How many "yes" boxes must be checked before SED is contacted when filling out the High Risk Entry Checklist?
Two or more
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What are the case disposition codes?
- Suspended
- Arrest
- Submitted to DA
- No pros
- Unfounded
- Exception
- Department Closure
- To City Attorney
- DA reject
- Located Missing Person
- Cancel Case Number
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What are the five (5) different types of informants?
- Citizen
- Mercenary
- Defendant
- Peace Offcier
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What must you tell an informant?
Shall not violate law, has no official status, and the info provided will be used in a criminal proceeding and confidentiality cannot be guaranteed.
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What four things you find out from a potential informant?
- The informant’s criminal propensities
- The informant’s present criminal associations
- The informant’s past criminal associations that could be renewed for the purpose of making an arrest
- The informant’s past experiences as a confidential informant
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What are the knock and notice requirements?
Knock or make presence known, identify yourself, explain purpose, and demand entry. No exigency 1 min, know someone is inside 30 sec, courts 15-30 sec. (Banks is case law)
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What are the parts of an operation plan?
Case agent, assignment, bust, special equip, special instructions, type of op., description, diagram, radio, notifications, hospitals, and synopsis.
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What would the department consider an informant?
A person, who under the direction of a specific deputy with or without expectation of compensation, furnishes information or performs lawful services for the department in its investigations and operations
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When must a deputy establish an informant and create a file?
- The informant will be paid for assisting with an investigation.
- Includes money, goods, or other assistance or benefits
- The informant provides assistance with a criminal complaint which has been or will be filed (defendant informant).
- Any person who is directed or requested to gather information.
- At the direction of a unit supervisor.
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What must the “controlling deputy” place in an informant file folder?
Informant establishment checklist
Informant Information
Informant Regulations Form
Paid Informant Regulations Form
Two color photographs
Two fingerprint cards
Signature exempla
Notice of suspension of driving privileges if informant has no valid driver’s license
Computer records checks (local, state, fed)
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Where are confidential informant packages kept?
SID Street Narcotics Lieutenant
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What is the minimum age of an informant? What do you need to have before working a minor informant?
12 and under (Must be 13). All minor informants need a juvenile court order authorizing the usage of a minor.
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Ninety day status reports will be submitted utilizing what form?
Informant Establishment Checklist
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Unsatisfactory or criminal conduct by an informant will immediately be documented on what form?
Informant Contact Report
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What form is used to deactivate an informant?
Informant Contact Report
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What Evidence Code Section can a deputy claim if the issue of disclosure of the source of information arises during testimony?
1040
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What is in a SED checklist?
- Fortified
- Firearms with suspect threats to use
- Automatic weapons, explosives, or military ordinance
- Wanted for felonious assault on peace officer
- Likelihood of a violent / armed confrontation
- Counter surveillance
- Layout or size of target is large or complicated
- 3 strikes candidates
- Convictions for violence against peace officers
- Security screens on doors and/or windows
- Specific threats of violence made against peace officers
- Booby traps
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What must be checked prior to working a case for “Due Diligence.”
- ONS
- DF20
- NIN
- ARJIS
- SUN
- CAL GANG
- RI01
- DF09
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What does JUDGE stand for?
Jurisdictions United for Drug and Gang Enforcement
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What does RATT stand for?
Regional Auto Theft Taskforce
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What does HIDTA stand for?
High Intensity Drug Traffic Area
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What is the acronym STEP stand for?
Street Terrorism Enforcement and Prevention Act
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What does CARE stand for?
Child Abduction Regional Emergency
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What does CARPOS stand for?
California Restraining and Protective Order System
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What does the CASE act relate to?
Human Trafficking
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Area Detectives are responsible for the first ____ days of missing persons cases before being forwarded to ________.
30 Days … Homicide
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What eight things must appear on an arrest warrant?
Suspect’s name, date, charges, bail amount, city or county, court, judge’s signature, and duty to bring suspect to magistrate
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When the money, labor, or real or personal property taken is of a value exceeding
$950 dollars it is a grand theft.
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When domestic fowls, avocados, olives, citrus or deciduous fruits, other fruits, vegetables, nuts, artichokes, or other farm crops are taken of a value exceeding
$100 dollars it is a grand theft
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When the property taken is any of the following: An automobile, horse, mare, gelding, any bovine animal, any caprine animal, mule, jack, jenny, sheep, lamb, hog, sow, boar, gilt, barrow, or pig it constitutes a
GRAND theft
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When the property taken is a firearm it constitutes a
GRAND theft
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Every person who feloniously steals, takes, or carries away a dog of another which is of a value exceeding
$950 dollars it is a grand theft
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Is an arrest required for “custody” per Miranda?
YES
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On a child abuse case, who does the investigator have to notify?
CPS and DOJ
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What are the five standard forms used by detectives?
Detective Assignment Record
Detective Monthly Recapitulation
Detective Case Disposition
Auto Theft Assignment Record
Follow-up Investigation Report
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What section is felony child endangerment?
273(d) PC
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List the desired qualities on the area detective announcement
Above average report writing skills
Above average oral communication skills
Above average computer skills
Ability to work closely with other agencies
Adult and juvenile counseling skills
Demonstrated ability to work well independently
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At what age are you required to ask PC 26 questions?
13 and under (or under 14)
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A suspect was arrested and released without being charged in court. Can you re-Mirandize and interview him two days later? Why?
Yes. The suspect is not in custody. If he requested an attorney while in custody, you must wait 14 days to ensure a “break in custody”.
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List the three things you need to have to put a juvenile in secured detention
- 14 years old older and
- In custody for a criminal violation and
- Presents a security risk of harm to self or others
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How long can a juvenile be held in secured confinement?
6 hours
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How many completed phone calls does a juvenile get and within how long after arrest?
2 calls after being taken to a place of confinement within 1 hour One to parent, reasonable relative, or employer and one to an attorney
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How many completed phone calls does an adult get and within how long after arrest?
3 calls within 3 hours
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A 16 year old male student is having sex with a 43 year old teacher. Who handles the investigation?
Area investigators. Must be under 14 to go to child abuse.
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A felony warrant suspect is inside another person’s residence. Can you enter the residence and arrest the suspect? Cite case law.
No. Absent exceptions you must obtain a Steagald warrant.
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A felony warrant suspect barricades himself inside his own residence and you call SED. Do you need to get a search warrant?
No. The arrest warrant covers the entry.
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Upon lawful entry into a residence, a felony suspect barricades himself inside his own residence and you call SED. Do you need to get a search or arrest warrant?
No. Surrounding a barricaded suspect in his home is in effect a warrantless arrest, justified by the exigent circumstances. The passage of time during the ensuing standoff does not dissipate that exigency to where officers are expected to seek the authorization of a judge to take the suspect into physical custody. (Fisher v. City of San Jose (9th Cir. 2009) 558 F.3rd 1069
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What is Tennessee V. Gardner? Fleeing felon case.
Cops shot suspect of burglary when he ran without weapons and courts ruled against state.
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What is Arizona V. Gant?
Restricts search incident to arrest. “Police may search a vehicle incident to a recent occupant’s arrest only if the arrestee is within reaching distance of the passenger compartment at the time of the search or it is reasonable to believe the vehicle contains evidence of the offense of arrest.”
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What case covers 4th Amendment reasonableness?
Mapp vs Ohio
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While giving a Miranda warning can you use a ruse or be threatening towards the suspect?
No. Waivers must be free, voluntary, and cannot be minimized.
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While interrogating a suspect can you tell him he should confess because if he does he will get a reduced sentence, tell him it is a death sentence?
No
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You must have (REASONABLE SUSPICION / PROBABLE CAUSE) for a search warrant?
Probable cause must exist for a Search Warrant.
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Does an uncorroborated anonymous tip give you reasonable suspicion?
No
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Can you do a weapons pat down on a suspect without cause?
You must have reasonable suspicion based on facts not fear alone.
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What is the “exclusionary rule?” Does it apply to peace officers and private citizens?
Evidence obtained without legal cause can be suppressed or “excluded.” All further evidence obtained after the illegal seizure would likely be suppressed under the theory of “fruits of the poisonous tree.” It only applies to peace officers and private citizens being directed or acting as an agent of a peace officer. Private investigators, bail bondsmen, or other citizens are not affected by this rule.
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What is the purpose of the Exclusionary Rule?
The primary purpose of the Exclusionary Rule “is to deter future unlawful police conduct and thereby effectuate the guarantee of the Fourth Amendment against unreasonable searches and seizures.” Weeks v. United States
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What Amendment deals with search and seizure and probable cause for warrant to be issued?
4th Amendment
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Can you search abandoned property without a warrant?
Yes
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Search warrants are the general rule not exceptions!
Just get a freggin warrant
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What is the penal code section for forced entry during an arrest warrant?
PC844
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What is the penal code section for forced entry during a search warrant?
PC1531
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Under Miranda custody, whose perspective is used?
Reasonable person
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What is required under Knock and Notice?
- Knock
- Identify yourself
- State purpose
- Demand entry
- Wait a reasonable amount of time
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What is the purpose of knock and notice?
To avoid a violent confrontation by giving the occupants the time and opportunity to peaceably open the door and admit the officers
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Under what articulable situations is knock and notice not required?
- Would be put them increased danger
- Futile
- Inhibit the effective investigation of the crime, such as by allowing the destruction of evidence
- Exigent circumstances
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Is knock and notice required on businesses open to the public?
No
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If questioning a juvenile and he asks for a parent what do you do?
You can continue interview as long as he doesn’t invoke his Miranda Rights.
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What is WSIN?
Western States Information Network
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What is NIN?
Narcotics Information Network
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What is CODIS?
Combined DNA Index System
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Case Law
- Banks 15 – 20 Seconds for knock and notice
- Chimel Incident to arrest limited to immediate control
- Cleland Contraband on suspect = Contraband at home
- Hobbs Warrant to seal a SW
- Knights Using 4th waiver for other inv purposes OK
- Ramey AW filed prior to complaint
- Skelton Judge interviews CI to determine credibility
- Steagald SW for 3rd party’s home to search and arrest a person
- Thompson SW based on phone number
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What is the function of an Area Detective per Detective’s P&P?
Area Detectives are responsible for working general crime cases against persons and property. Included are other non-criminal cases, such as lost/found property, missing persons, etc., which also will be handled by the Area Detective. Certain crimes, such as murder, fraud and arson, will be handled by the appropriate specialized investigative unit.
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Equipment carried by Detectives?
Remington 12 gauge pump shotgun
Fingerprint kit
Binoculars
Voice recorder
Cameras
Evidence kit
Blood borne pathogens kit
Raid jacket / vest
Tactical gear
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What are the three case classifications?
Priority Workable - High media coverage, public outrage, sensitive in nature
Workable - Partial license plates, large property loss, in custody, suspect info.
Non-workable – No follow-up, unsolvable.
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What four (4) criteria must be met to close a case by exception?
- Has the investigation definitely established the identity of the suspect?
- Is there enough information/evidence to support an arrest, charge, and turning the case over for prosecution?
- Is the exact location for the suspect known so he/she could be taken into custody now?
- Is there some reason outside of law enforcement's control that precludes arresting, charging, and prosecuting the suspect?
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What report is to be used if the investigation is going to extend past 30 days?
Case Status Report
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What is an “Interview” per detective’s manual?
An interview is the questioning of a person to obtain information about a crime, incident or suspect and is usually informal and the person relates his or her account in his or her own words.
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What is an “Interrogation” per detective’s manual?
Any direct questioning about the crime being investigated or the functional equivalent of
direct questioning hinging upon the point of suspicion in the mind of the investigator.
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What are the internal investigative resources available, per the detective’s manual, to assist a detective in developing information?
- ARJIS
- SUN
- County Computer Systems (SD LAW)
- Photograph Files
- Fingerprint Files
- DNA Files
- Crime Lab
- Law Enforcement Support Units
- Records/Licensing Division
- CAL ID
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When can telephonic search warrant be issued?
- In an emergency prior to a search or arrest
- In the search of a premises beyond the permissible scope of Chimel or other applicable subsequent case law if there is a real threat of possible destruction, disposal of or concealment of evidence
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What is the definition of a hate crime?
“Any act of intimidation, harassment, physical force, or threat of physical force directed against any person, or family or their property or advocate, motivated either in whole or in part by hostility to their real or perceived race, ethic background, national origin, religious belief, sex, age, disability or sexual orientation with the intention of causing fear or intimidation, or to deter the free exercise or enjoyment of any rights or privileges secured by the Constitution or the laws of the United States or the State of California whether or not performed under the color of the law.”
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What are the two forms used to enter firearms into the Automated Firearms System?
Stolen-Found-Lost Firearms Form
Modify-Locate-Cancel Firearms Form
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How many characters are in the present form of VIN?
17
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Can you interview a defendant who’s already in custody at jail for a new case if he’s already invoked his rights for an attorney?
No
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When must a person be given an admonishment under Miranda?
In “Miranda” custody & questioning by law enforcement
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What form is used for PC 1275.1?
Bail Enhancement Request Form.
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Pursuant to PC 530.55(b) what are at least 10 personal identifying features?
- any name,
- address,
- telephone number,
- health insurance number,
- taxpayer identification number,
- school identification number,
- state or federal driver's license, or identification number,
- social security number,
- place of employment,
- employee identification number,
- professional or occupational number,
- mother's maiden name,
- demand deposit account number,
- savings account number,
- checking account number,
- PIN (personal identification number) or password,
- alien registration number,
- government passport number,
- date of birth,
- unique biometric data including fingerprint,
- facial scan identifiers,
- voiceprint,
- retina or iris image, or
- other unique physical representation,
- unique electronic data including information identification number assigned to the person,
- address or routing code,
- telecommunication identifying information or access device, information contained in a birth or death certificate,
- or credit card number of an individual person,
- or an equivalent form of identification.
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What are two (2) legal ways to obtain stolen property from a pawn shop?
Seize it or put a hold on it
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What are three (4) locations a Special Master would be used?
- Lawyer
- Doctor
- Psycho Therapist
- Clergy
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Can tribal court protective orders be enforced outside of Indian Reservations?
Yes
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What are three (3) ways to verify criminal protective orders?
- Communication center
- Sheriff's Records
- Courthouse
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What is the definition of ILP?
ILP is a philosophy where data analysis and crime intelligence are pivotal to an objective, decision making that facilitates crime and problem reduction, disruption and prevention through both strategic managements and effective enforcement strategies that target prolific and serious offenders
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ILP Yardsticks
- Supportive and informed command structure
- ILP is the heart of an organization wide approach
- Integrated crime and criminal analysis
- Focuses on prolific and serious criminals
- Much routine investigation screened out
- Analytical and executive training
- Management structures exist to action intelligence
- Data are sufficiently complete, reliable, and available to produce quality products that influence decision making
- Strategic and tactical tasking meetings take placeAppropriate use of prevention , disruption, and enforcement
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What is a Beheler and how would you use it
Where the suspect is not considered a flight or safety risk, officers have the option of asking an un-arrested suspect to come in for questioning, and to use what has come to be known as a "Beheler warning," as follows: "You're not under arrest. You're free to leave here whenever you want." (It's important not to create due process problems by telling the suspect he is not going to be arrested, or that he will be free to leave after questioning. The Beheler admonition should be kept in the present tense,
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