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Criminal Investigation Part 4

STUDY
PLAY
Arrest
Restraining the liberties of an individual for violating prohibited behavior until they are brought to justice. An act of placing an person in custody for a suspected violation of criminal law.
Test
Whether facts and circumstances are sufficient to warrant a prudent person to believe a crime is, has, or about to occur by the person being detained or arrested.
Contact
Subject is free to walk away if he or she so desires. It is the sole decision of the subject whether or not to cooperate with an officer.
Consensual Encounter
The officer may not exert any authority over the subject. Officers can continue to seek the subject's cooperation but cannot demand it.
Investigative Detention
Something less than an arrest but more than a consensual encounter. Generally, this is when a person thinks he or she cannot just walk away. (Terry v. Ohio)
Terry V. Ohio
Officer MUST articulate objective facts and circumstances that led him/her to believe a crime has, is or about to occur. Limited pat down for weapons. Never ever a search. Proceed expeditiously- avoid delay. Narrow scope for a Terry type investigation (Officer does not have the authority to go throughout premises of car. Must be within lunging area).
Presence
Means any of the five senses.
Graham V. Connor
Use of force permitted for DEFENSE AND CONTROL. Never to PUNISH.
Totality of Circumstances
Nature of crime, immediacy to the threat to officers or others, and active or attempted resisting.
Battery
Physical
Assault
Verbal
Tennessee V Garner
Deadly force may not be used against an unarmed and fleeing suspect unless necessary to prevent the escape and unless the officer has probable cause to believe that the suspect poses a significant threat of death or serious injury to the officers or others.
Deadly Force Triangle
Ability, Opportunity and Jeopardy.
Miranda Warning
Only have to read Miranda rights when INTERROGATING.
Criminal Intelligence
The knowledge of past, present, or future criminal activity that results from the collection of information which, when evaluated, provides the user with a basis for rational decision making.
Intelligence over the years
Immigrants, Volstead Act, Arms Gangs, Post WWII, Vietnam Era and Patriot Act.
Intelligence Collection
Known affiliations, Geographic locations, and Types of criminal activity.
Overt
Identify yourself and ask questions.
Covert
Wiretaps, video, surveillance. Basically being secret about the intelligence we try to gather.
Strategic Intelligence
deals with long-term information. National or international.
Tactical Intelligence
Deals with short-term information. Usually local and deals with one event (I.e Superbowl)
Link Analysis
graphical design that shows relationships between individuals, groups, and organizations. (Pyramid showing hierarchy)
Flowcharting
Event-Early in the investigation shows the sequence of activities that take place. Commodities- Drugs, money, and weapons.
RISS Program
1980 under the DOJ. 1700 agencies. 6 regions. 150,000 sworn officers. The goal is to provide state and local law enforcement with organizing and sharing criminal intelligence.
Domestic Terrorism
terrorism practiced in your own country against your own people.
International Terrorism
terrorism practiced by a in a foreign country by terrorists who are not native to that country.
Joint Terrorism Task Force
(JTTF) Mulitagency effort to keep us safe.
Big Brother
is watching- Body Scanners, Google searches, library material, camera, GPS, satellites, drones and radar checkpoints.