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A comprehensive overview of various aspects of criminal law and procedure, including the government's power to exercise authority, the use of force, the rights relating to arrests, searches, and seizures, the elements of different crimes such as aggravated murder, reckless homicide, and aggravated vehicular homicide, as well as guidelines for officer conduct and testimony in court. A wide range of topics, including the legal principles and case law governing the use of force, the requirements for lawful arrests and searches, the definitions of various criminal offenses, and the responsibilities of law enforcement officers in emergency situations and court proceedings. The level of detail and the breadth of the topics covered suggest that this document could be a valuable resource for students, researchers, or professionals interested in the field of criminal justice and law enforcement.
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Explain jurisdiction. ✔✔A government's general power to exercise authority over all person's and things within it's territory.
Define force. ✔✔Any violence, compulsion, or constraint physically exerted by any means on or against a person or thing. Define deadly force. ✔✔Any force which carries a substantial risk that it will proximately result in the death of any person. Physical harm to persons. ✔✔Any injury, illness, or other physiological impairment, regardless of it's gravity or duration. Serious physical harm to persons. ✔✔Any mental illness or condition of such gravity as would normally require hospitalization or prolonged psychiatric treatment. Any physical harm that carries a substantial risk of death. Any physical harm that involves some permanent incapacity, whether partial or total, or that involves some temporary, substantial incapacity. Any physical harm that involves some permanent disfigurement or that involves some temporary, serious disfigurement. Any physical harm that involves acute (i.e. severe) pain of such duration as to result in substantial suffering or that involves any degree of prolonged or intractable pain.
Hunch ✔✔Interactions must be consensual. Determine when a person is considered to be seized. ✔✔In view of all of the circumstances surrounding the incident, a reasonable person would believe that the person was not free to leave. The USSC listed examples of circumstances that might indicate seizure even when the person did not attempt to leave the area ✔✔Threatening presence of several officers The display of a weapon by an officer(s) Some physical touching of the person Restricting the subject's freedom of movement The use of language or tone of voice that indicates that compliance with the officer's request might be compelled Manner of questioning Explain when an officer can use the rationale from Terry to detain a person. ✔✔An officer may detain an individual based upon the officer's reasonable, articulable suspicion that criminal activity was being planned or was in the process of being executed.
Describe the considerations an officer should be mindful of when conducting a Terry stop. ✔✔Use the least intrusive means of detention and investigation reasonably available that will achieve the goal. Conduct the business of the stop as quickly as possible so as to not prolong the period of involuntary detention. If, during that detention, additional facts are uncovered that supply the officer with probable cause to arrest, the individual may be arrested. If grounds for arrest are not discovered in a reasonable amount of time, the detainee must be released or the encounter risks becoming a de facto arrest. Describe the requirements that must be established before a Terry pat down/frisk. ✔✔Officers are required to articulate a reasonable belief that the suspect is armed AND the suspect poses a threat to them. Explain the plain feel doctrine. ✔✔While an officer may not search for objects other than weapons on a Terry stop, if the officer physically feels an object that the officer immediately recognizes as contraband, the object may be seized even if the officer knows it is not a weapon. The officer may not seize an object that, unmistakingly, is not a weapon or if determining its identity requires further manipulation.
Explain the concept of hot/fresh pursuit. ✔✔The pursuit, without unreasonable interruption, of a person who is trying to avoid arrest. Describe the basis to legally seize evidence. ✔✔Must be based on probable cause. Probable cause to seize exists if a prudent person would conclude that the object in question is associated with criminal activity. Full search ✔✔Conducted to gather criminal evidence. Must be based on probable cause. Require either a search warrant or a recognized exception to the warrant requirement in order to execute. Limited weapons search (i.e. frisks and protective sweeps) ✔✔Used to disarm the person to protect officers. Authority based on reasonable suspicion that a person lawfully detained is armed and dangerous. Inventories ✔✔An inventory is not necessarily a search under Fourth Amendment standards. It is used to catalog property that police have taken into custody.
Describe the three broad categories of exigent circumstances. ✔✔-Lives or property are in imminent danger or a serious crime is in progress.
Describe when handcuffing may be considered unreasonable force. ✔✔-The Fourth Amendment prohibits unduly tight or excessively forceful handcuffing during the course of a seizure.
Explain officer liability when responding to emergency calls. ✔✔-Emergency call-a call to duty, including, but not limited to, communications from citizens, police dispatchers, and personal observations by peace officers of inherently dangerous situations that demand an immediate response on the part of a peace officer.
O.R.C. Chapter 2919 ✔✔Offenses against the family O.R.C. Chapter 2911 ✔✔Robbery, Burglary, Trespass and Safecracking O.R.C. Chapter 2913 ✔✔Theft and Fraud O.R.C. Chapter 2909 ✔✔Arson and Related offenses O.R.C. Chapter 2917 ✔✔Inciting, Riot, and Related offenses O.R.C. Chapter 2921 ✔✔Bribery and Intimidation Define the term sexual conduct. ✔✔Vaginal intercourse between a male and female; anal intercourse, fellatio, and cunnilingus between persons regardless of sex; and without privilege to do so, the insertion, however slight, of any part if the body or instrument, apparatus, or other object into the vaginal or anal opening if another. Penetration, however slight, is sufficient to complete vaginal or anal intercourse.
Define the term sexual contact. ✔✔For the purpose of sexually arousing or gratifying either person, any touching of an erogenous zone of another, including without limitation the: thigh genitals buttock pubic region if the person is female, a breast Define the term sexual activity. ✔✔Sexual conduct, sexual contact, or both. Elements of Aggravated vehicular homicide ✔✔-Driving while impaired or under the influence (OVI).