Exam #4

Eccentric Thrust
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Terms in this set (180)
When has a consensual contact turned into a detention?Application of physical force or submission to force, under totality of circumstances would person no longer feel free to disregard the officerCan you always conduct a pat down during an investigative detention?No must have reasonable suspicion RS is armed or present a threatHow long does a detention have to be?A time that is reasonable3 Types of Exigent CircumstancesHot Pursuit Destruction/Removal of Evidence Crime Scene EmergencyInevitable DiscoveryPolice would have discovered the evidence regardless of their actionIndependent SourcePolice obtain the evidence from an independent source not conducted to the illegal search or seizureAttenuationThere is a weak link between the illegality and the challenged evidence 1. The time elapsed between the illegality and the acquisition of evidence 2. The presence of intervening circumstances 3. The purpose of flagrancy of the official misconductIntervening Act of Free WillIntervening act of free will on part of the person that breaks the chain of causation and obviates the liability that originally attached to the unconstitutional actA search warrant must be executed in how many days?14 daysT/F: Commercial sexual exploitation of a child is not something you should report to the Department of Human Services/Child Protection services because they only deal with family related crimes.FalseLicenses: On March 15, 2022, you walk into a bar to do a license check. You see that the license expired on February 15, 2022. The owner says they are in the middle of renewing. Does this place need to be shut down for illegally serving?Yes. The license is one month expired. Licenses are valid for one year and must be renewed 90 days prior.Underage Drinkers: How do those 21 and under qualify for immunity for underage drinking?One must call 911 and report that another underage person was in need of medical assistance due to alcohol consumption, provide their name, be the 1st person to call 911, remain on scene and cooperated with medical assistance.Testing: Can an officer force a patron of a bar who he believes to be drink to submit to a PBT? What if the person is a drunk driver who crashed his car and then stumbled into the bar?No. Yes.Cool Parents: what charge can be brought against cool dadContributing to delinquency 2nd degree, providing alcohol to a minor If VRA then 1st degree delinquencyDefenses: What is a defense to contributing to the delinquency of a minor?Believed person to be 21 and the person was over the age of 15.Mitigation: How does one gain mitigation for providing alcohol to a person under 21?After consuming alcohol, the underage person becomes in need of medical assistance. Defendant calls LE/EMS within 6 hours of consumption. Can still face up to 120 days in jail.What is exempt from the liquor code?Sacramental wines, research at universities, home-brew and wine making, home-brew and wine making competitions. Weddings are NOT exempt.Why would a person be denied for liquor license?The person applying is not of good moral character.What are areas outside of bars and restaurants that you many be able to drink?Party bus, art galleries, etcT/F: The federal government can withhold funding from states that do not prohibit underage drinking.TrueT/F: AWOL devices permitted to be soldFalseT/F: An individual 21 or older can lawfully possess 3 pounds of MJ in their homeTrue if it is cultivated from their own plantsT/F: Only individuals 21 or older can legally possess recreational MJTrueA HS teacher finds half an ounce of MJ and a pipe amongst a 16 year old student who provides a valid medical card. Has the student has committed a crime?Yes, those under 18 are not allowed to possess MJ, even if they have a medical card.T/F: Under A64 it is legal to transfer 1 ounce or less without RemunerationTrueT/F: The standard field sobriety test should be followed when conducting a traffic stop on a possible DUI involving MJTrueYou observe a person over 21 leaving a dispensary and walking on a sidewalk. They open their bag of MJ and smell it. Can you cite them for an open container?No. Open container can only be charged in a vehicle for a open container whose contents you believe were consumed in the vehicle.T/F: Anyone 18 or older can be a caregiverTrueWill industrial hemp field test positive for THC?YesUnder 18-18-406, is it a drug felony if a person has more than 6 ounces?YesT/F: A 21 year old out of state resident can legally possess a quarter ounce of MJTrueYou observe a person walking down the street carrying a bong. Can you cite the person for unlawful display of paraphernalia? If the pipe can be used for both meth and MJ, is it automatically illegal paraphernalia?No. Yes.Can a person with a medical condition and medical card can possess more than 2 ounces of MJ?NoIs it a crime for a person to sell MJ to any person (unless the person selling is a licensed employee of a dispensary)?YesIf you charge someone with cultivation of MJ, and they are acquitted, must you return their plants to them?NoYou arrest a driver for DUI and suspect MJ or other drugs involved in impairment. Can you choose the type of chemical test they can take?Yes. Blood test recommended.In investigating a child abuse case who should you interview?Interview someone who has been around the child for up to minimum 36 hoursWhat is the preferred medical term for shaken baby syndrome?Abusive head traumaWithin how many hours is a SANE examine is needed?72 hoursWhat is the term medical providers use for child injuries?Non accidental traumaWho do child victims usually tell about their abuse?Friends/ PeersT/F: If child victim crime occurs several years ago, investigators must go back to scene stillTrueWhat type of child victim case most common reported?Sexual abuseWho is a person in a Position of Trust?Parent (or acting in place), or someone otherwise responsible for the health, education, welfare, or supervision of a child no matter how brief in time. Needed for between 15-18 years oldWhat are the tenants of a child abuse investigation?History of the family and injury, type of injury, does the injury match the storyWhat would you charge an athletic coach question who performs oral sex with the student?SAC- Position of TrustWhat is first and foremost in a child abuse investigation?The welfare of the childT/F: Meth is a S1 controlled substanceFalseHow many schedules of controlled substances have been listed and established?5T/F: You have a PC to arrest someone on misdemeanor non drug charge, and possession of S2 charge, you should arrest and file charges togetherTrueBecause it can be absorbed through skin or mucous membrane, which drug provides special care in handling?LSDWhen a suspect is in custody of individually packaged substances, scales, and 30 baggies, and a large amount of cash, the officer should charge?Possession with intent to distribute substance and drug paraphernaliaT/F: Possession of drug paraphernalia is a drug petty offense, therefore the paraphernalia can not be seizedFalsePossession is defined as?Exercising knowing dominion or people over an itemWe arrest John Doe with 12 small bags of cocaine and a loaded handgun, which of the following is the most appropriate charge?POssession of controlled substance S2, with intent to distribute, special offender status.T/F: Relevant evidence will always be admittedFalseT/F: If a piece of evidence was improperly logged, the court must dismiss itFalseT/F: An officer would not be required to appear in court and testify as long as their report is as thorough and complete, and submitted within 24 hours of the incidentFalseWhat are the types of evidence?Real (physical), Testimonial (person's testimony), Documentary (papers), Demonstrative (maps, models, diagrams)What are evidentiary requirements?Competence, Relevance, Absence of Unfair PredjudiceIn regards to Obscenity, what is prurient interest?Shameful and morbid interestWhen is intent assumed with the crime of Promotion?Intent is presumed if defendant possesses 6 or more of the identical obscene materialsIs money the only thing exchanged in the crime of Prostitution?No, exchange for thing or value or moneyWhat is Solicitation?Solicits, arranges another for the purpose of prostitution. Offers to arrange meetings of persons or directs another to a place of prostitution.Can any person be charged with Resisting Arrest?Yes, so long as the person knowingly attempts or prevents a peace officer acting under color of authority from affecting any arrestWhat is Accessory?With the intent to hinder, delay or prevent the discovery, apprehension, conviction of another for the commission of a crime, they render assistance to such a personWhat is Compounding?Accepts or agrees to accept any pecuniary benefit to refrain from seeking prosecution of a person or reporting a crime or information relating to a crimeT/F: During a DV Assault, if the suspect leaves a red mark on the victim's neck, is that alone enough to prove strangulation?FalseWhat can be charged for recklessly causing bodily injury by means of a deadly weapon?2nd Degree AssaultWhat can be charged for threatening LE with a deadly weapon?1st degree assaultWhat can be charged for hitting another person with a pipe in head and causing SBI?1st degree assaultWhat can be charged for kicking a person in the leg and causing pain and an abrasion?2nd degree assaultT/F: It is generally not important to document injuriesFalseT/F: Due to the traumatic nature of the event, it is not recommended to obtain DNA/buccal swabs from the person.FalseWhat is Aggravated Robbery?What evidence can be obtained from a handwritten note?Fingerprints, handwriting, DNAWhat is the code word for a bank tracker activation?SierraWhat is the maximum jail time for a felony as a condition of probation?90 daysWhat is the maximum jail time for a misdemeanor as a condition of probation?60 daysWhat happens after a violation of a community corrections sentence?Defendant is sentenced to DOC. Defendant not entitled to a hearing. Defendant entitled to time served.What are factors for imprisonment (DOC)?Must be convicted of a felony, mandatory sentence, not a good candidate for probation, probation revocation, violation of community corrections sentenceWhat other factors are needed for a Crime of Violence sentence?Crime of Violence plus either SBI/Death or use or threat of a deadly weaponWhat is the focus of juvenile sentencing?Rehabilitation not punishmentWhat offenses have indeterminate sentences?Sex offensesAfter 2020, could a person be sentenced to death?NoThreatening a LEO with SBI using a deadly weapon is?1st Degree AssaultHitting someone in the head with a metal pipe causing SBI?1st Degree AssaultYou are arresting a subject and he resists and kicks you in the leg causing you pain he can be charged with?2nd Degree assaultT/F: Robbery requires the item to be stolen to have had a value of at least 100?FalseT/F: Clearance rates are generally high as 50 percent?FalseA neighborhood canvas should consist of a minimum of contacting neighbors on how many sides?4T/F: While processing a scene you swab the door handle for Dna, is it appropriate to collect buccal swabs from those in the home?TRUET/F: Photographs of shoe impressions should be taken without a scale?FALSET/F: A suspect's CH should never be taken into consideration?FALSEYou respond to high school with vending machines broken into what crime?3rd degree BurgBicycle stolen inside the attached garage of a home, which charge?2nd degree BurgT/F: If 3 witnesses saw the exact same suspect you don't need to interview separately?FalseBurglar who uses/steals pillowcase has a pattern called?Modus OperandiWhen charging a theft, a series of 2 or more thefts may be aggravated and charged in what period of time?6 monthsDifference between regular incest and aggravated incest?Over 21 vs under 21Example of what child abuse with no injury can be caused by?DV, hot car, strangulation, parental discipline, alcoholWhat is the affirmative defense related to the sexual exploitation of a child?Mistake of ageWhat is the mistake of age?At least 15 and reasonable belief they are 18 or higherHow many people do you need to incite a riot?5 or more peopleWhen you are in harassment analysis what sort of things would take the charge from M2 to M1?Bias Motivated OffenseWhat is the difference between title 42 eluding vs title 18 eluding?Driving reckless manner to endangerHow can you violate a Protection order?Going against the stipulations, alcohol, having another person communicate for you, jail visit4 C's of Traffic DirectionConfident, Commanding, Clear, CourteousHow do you use a whistle during traffic control?One long blast with STOP signal, two short blasts with GO, several short blasts to get attention.TQs get applied where?HIGH AND TIGHTTQs get applied until when?Bleeding stopsDuring care under fire, the only medical practice you apply is?A TQWhich of the following may not be written on private property?Drove vehicle while license revokedThe Colorado law that governs and regulates the securities industry can be found in?title 11Statute of limitations on securities fraud in CO is how long?5 years, does not begin until the discovery of the fraudWhen you stop MV what 3 things are required to ask for?License, registration, insuranceIf you acquire too many points on your license in a given period what happens?Suspended, 12 ptsSomeone is breaking into vending machines and damaging machines and is successful in taking money?3rd Degree Burglary, Criminal Mischief, possibility of burglary toolsPer 42-2-206 who files a criminal charge against HTO?District AttorneyVehicular AssaultDriving under the influence or reckless and causes SBI to anotherWhat vehicles are only required to have one plate?Motorcycle, Semi trailer, Street rodVehicular HomicideDriving reckless or under influence and kill someone elseIf a driver runs a red light and upon contact, you learn the license is revoked, should they be issued state summons for both charges?YesThe Wrapmost common trajectory, impact force applied below the pedestrians center of mass due to braking.T/F: Lighted lamps are required when visibility is less than 3000 feet?falseWhen you see a long skid it means:the rear tire left it on the motorcycleT/F: A driver convicted of DUR, faces penalties that may include minimum 5 days in jail, 1000 fine, automatic extension of the restraintTrueCounter steering is?front wheel is forward of the steering head, front-wheel steers the bike causing it to lean as it negotiates a turn/curveYou are assigned to investigate an accident in which vehicle one came to a stop at stop sign, then proceeded to strike vehicle 2 which was passing on a through street, with that which would be the proper charge?Fail to yield right of way at a stop signGyroscopic Effect on MotorcyclesMotorcycle dynamics are based on the gyroscopic effect, once two wheels begin spinning they generate the force. When the two wheels stop it is less stable.A driver is required to produce a drivers license when?When the cop asks for itAt what distance must oncoming drivers dim lights at night?500 feetA license plate is required to be coated with?Reflective materialWith exception of vehicular felonies, traffic is located in what?Title 42An adult CO license allows a driver to accumulate how many points?12A child under how many years and pounds is required to be in a seat?4 years and 40 poundsWhen a school bus is stopped with sign-out and warning lights on, all vehicles must stop unless they are on what?A divided highwayWhile on patrol you observe vehicle 1 pass vehicle 2 and vehicle 2 accelerate making it difficult for the other to pass, is this a violation?Yes (fail to yield right of way)Before making a left turn on a private road a driver must?Ensure pedestrians and approaching traffic is clearWhen do pedestrians have the right of way?In the crosswalkHow far must the driver signal at 55mph?200 feetT/F: It is lawful to hitchhike on a controlled access highwayFalseWhat distance must be allowed by vehicles following a fire truck driving emergent?500 feetOnce vehicle registration has expired how long do they have to re-register the vehicle?30 daysHow many days to notify DMV of address change?30 daysA woman is driving 55 in a 45 and she thought it was a 55, is her defense valid?NOYou observe a vehicle driving down the roadway with several adult passengers, none wearing seatbelts, can you stop the vehicle and issue summons on this only?NO (seatbelt is not a primary reason)You witness 2 vehicles side by side accelerate rapidly from the intersection and exceed posted speed limit but do not have them on radar, what do you charge them with?Speed contestIs the violation of a driver wearing headphones while operating a vehicle a primary or secondary violation?PrimaryTraffic Crashunintentional damage or injury caused by the movement of a motor vehicle or its loadA crash does not includeCataclysms, vehicle defects, road debris, bicycles unless it involves a moving motor vehicle.Baseline Coordinate Systemone to the edge of the road, and one to fixed point.Contact DamageDamage to any part of a motor vehicle by direct contact with some object, which is not part of the vehicle. (Closely compacted crumpled body parts are indicative of contact damage)Induced DamageDamage to any part of a motor vehicle by some other part of the same vehicle or by shock of the collision.Centric ThrustThrust equals no rotationExplain diagonal deploymentOfficers are staged at opposite corners to avoid cross fire. Area of responsibility is one side of the building.Free falling debris accelerates at the same rate as what?Gravity is 32.2 ft/sWhat can tire marks tell us?Brakes were applied, path of travel, before/after impact, possibly speed and where impact was.When will the tire skid?When the braking force is greater than the surface force, the wheel will lock and the tire will skid. (Slamming brakes)Ruta print or impression left by rolling tiresScuff marktypically curved and means the vehicle is rotatingYaw ScuffRolling tire markFurrowsOpposite of rut, locked tire of soft material. Mounding at the end, no tire mark.What is the difference between a scrub mark and a scuff mark?Scrub mark is locked, scuff mark is rollingGap SkidInterruptions in marks made by the release of a brake and its reapplicationSkip SkidSkids that are broken without release of brake pressureCriminally, a computer can beThe target of a crime, tool of the crime, or incidental to the crime.Custody for Miranda is defined as?freedom of action had been curtailed to a degree associated with a formal arrest (objective, reasonable person's POV)A waiver of rights must bevoluntary, knowing and intelligentWhen is the 6th amendment applicable? Can you question someone about a separate incident they have not been charged for once the 6th amendment is triggered?Applicable once the gov has initiated prosecution by filing a formal charge. Yes, he right is offense-specific