Docsity
Docsity

Prepare for your exams
Prepare for your exams

Study with the several resources on Docsity


Earn points to download
Earn points to download

Earn points by helping other students or get them with a premium plan


Guidelines and tips
Guidelines and tips

The Fourth Amendment and Law Enforcement Practices, Exams of Law

A comprehensive overview of the fourth amendment to the united states constitution and its relationship to law enforcement practices. It covers key concepts such as the degrees of suspicion required for different types of police actions, the requirements for conducting terry stops and frisks, the plain feel doctrine, the open fields doctrine, the validity of consent searches, exigent circumstances, searches incident to arrest, motor vehicle detentions and searches, the reasonableness of force used by officers, civil liability considerations, the use of deadly force, officer liability when responding to emergency calls, and best practices for preparing for and testifying in court. The detailed explanations and examples make this document a valuable resource for understanding the complex legal framework governing search and seizure, use of force, and other critical aspects of law enforcement operations.

Typology: Exams

2024/2025

Available from 10/18/2024

Holygrams
Holygrams 🇺🇸

3.7

(3)

2.2K documents

1 / 124

Toggle sidebar

This page cannot be seen from the preview

Don't miss anything!

bg1
Explain the relationship between a SPO and a test question ✔✔A test question must respond
directly to an SPO and every SPO may be the basis of a test question
Explain the ultimate reason for law enforcement training ✔✔To be able to protect the life and
property of yourself and the public
List a peace officer's main goals ✔✔- Enforce the laws
-
Preserve the peace,
-
Prevent crime
-
Protect civil rights and liberties
-
Provide services
Explain items to consider when exercising discretion ✔✔- Use sound judgment to determine
which laws are to be formally enforced
-
Determine if there is a more constructive remedy without arrest or citation
OPOTA LATEST UPDATE 2025 Exam WITH VERIFIED Questions and
Answers 100% Pass
pf3
pf4
pf5
pf8
pf9
pfa
pfd
pfe
pff
pf12
pf13
pf14
pf15
pf16
pf17
pf18
pf19
pf1a
pf1b
pf1c
pf1d
pf1e
pf1f
pf20
pf21
pf22
pf23
pf24
pf25
pf26
pf27
pf28
pf29
pf2a
pf2b
pf2c
pf2d
pf2e
pf2f
pf30
pf31
pf32
pf33
pf34
pf35
pf36
pf37
pf38
pf39
pf3a
pf3b
pf3c
pf3d
pf3e
pf3f
pf40
pf41
pf42
pf43
pf44
pf45
pf46
pf47
pf48
pf49
pf4a
pf4b
pf4c
pf4d
pf4e
pf4f
pf50
pf51
pf52
pf53
pf54
pf55
pf56
pf57
pf58
pf59
pf5a
pf5b
pf5c
pf5d
pf5e
pf5f
pf60
pf61
pf62
pf63
pf64

Partial preview of the text

Download The Fourth Amendment and Law Enforcement Practices and more Exams Law in PDF only on Docsity!

Explain the relationship between a SPO and a test question ✔✔A test question must respond directly to an SPO and every SPO may be the basis of a test question Explain the ultimate reason for law enforcement training ✔✔To be able to protect the life and property of yourself and the public List a peace officer's main goals ✔✔- Enforce the laws

  • Preserve the peace,
  • Prevent crime
  • Protect civil rights and liberties
  • Provide services Explain items to consider when exercising discretion ✔✔- Use sound judgment to determine which laws are to be formally enforced
  • Determine if there is a more constructive remedy without arrest or citation

OPOTA LATEST UPDATE 2025 Exam WITH VERIFIED Questions and

Answers100% Pass

Explain the factors necessary for the commission of crime ✔✔Desire - the motivation behind criminal behavior Victim - potential target, unaware of surroundings Opportunity - crime prevention strategies State the core concepts of community policing ✔✔-partnership between community and police

  • crime prevention
  • organizational change of agency
  • problem solving approach to police role is proactive Considerations for off duty situations ✔✔Behavior - social media, uphold ethics Situational Awareness- be alert, pre plan, off duty weapon policy, be a good witness State the purpose of Bill of Rights ✔✔protect a individual's freedoms
  • prevent government from interfering in protected rights Describe the major components of the criminal justice system ✔✔Law Enforcement Courts - hold fair & impartial trials, guilt or innocence, Impose sentences

Constitutional Law ✔✔amendments Police Legitimacy ✔✔exists when the public view the police as authorized to exercise power in order to maintain social order, manage conflicts, and solve problems in community Judgement 1/ public trust and confidence in police as being honest, trying to do jobs well, and protecting community ✔✔Result individuals are more likely to become actively involved in police community partnerships Judgment # public willingness to defer the law and police authority ✔✔Result Correlation between those who obey and those who view police as legitimate, cooperate by reporting crimes and providing information Judgement # public belief that police actions are morally justified and appropriate ✔✔Result citizens are more likely to cooperate and defer in moments of crisis

circumstances when filming police officers is permissible ✔✔-one party consents

  • as long as it does not interfere with officers carrying out their duties Race ✔✔modern concept used to classify people by similar, observable physical characteristics Genetically influenced traits ✔✔Skin color, hair, eye shape, blood type, intelligence connection between in / out groups, and police legitimacy ✔✔some people interpret their encounters with police in terms of their group's societal position rather than immediate circumstances of the police contact Types of Racism ✔✔individual, interpersonal, institutional, structural Individual Racism ✔✔internalized, unexpressed biases and prejudices based on race Interpersonal Racism ✔✔occurs between individuals, public expressions of racial prejudice and hate

Criminal profiling ✔✔Based on observed behaviors and characteristics Two types of Bias ✔✔explicit and implicit Explicit Bias ✔✔conscious preference for a social category Implicit bias ✔✔preference for a social category based on stereotypes that we hold and tend to develop in early life Two modes of thinking ✔✔automatic (system 1) deliberative (system 2) System 1 thinking ✔✔automatic, effortless, unconscious, very fast System 2 thinking ✔✔Conscious, controlled, effortful, slower practical purpose ✔✔simplifies tasks which most adults do without having to systematically think about each step

protection mechanism ✔✔we evaluate everything we see to determine if threatening or not strategies to counter implicit biases ✔✔-Guarding against influence in decision making

  • awareness
  • know when you're susceptible ( in complete info, cognitive load, fatigue)
  • slow down thinking
  • empathetic
  • effort (intention, attention, time) Two-pronged Approach to Procedural Justice ✔✔person based approach community based model person based approach ✔✔emphasizes the importance of face to face interactions between officer and a citizen Community based model ✔✔ultimate goal is to achieve police legitimacy through entire society

Denial of responsibility ✔✔acted improperly because no other options Denial of injury ✔✔argue that action did not hurt anyone so no ethical misconduct Social Weighting ✔✔makes comparisons to justify unethical misconduct moral justification ✔✔argues that it's necessary to break rules for the greater good Continuum of Compromise ✔✔-being exposed on a regular basis to "special authority" and at the same time being exposed on a daily basis to that element of society that operates without values, combines to severely challenge an officer's core values system

  • can lead to a sense of entitlement where officers believe they are owed professional courtesy and that the rules don't apply to them acts of omission ✔✔officer rationalize and justify not doing things they are responsible Acts of commission ✔✔administrative violations

acts of commission ✔✔-criminal

  • theft Rationalization ✔✔nobody is being hurt, except for bad guys who deserve it anyway Steps in Decsion Making Model ✔✔#1- Define problem #2- Identify alternative solutions #3- Evaluate alternatives #4- make the decision #5- implement the decision #6- evaluate the decision PLUS filters ✔✔Policies Legal Universal Self
  • Let victims and witnesses talk through the event before you start recording notes
  • Ask clarifying follow-up questions
  • Be as complete as possible
  • Consider the use of electronic data device or template
  • Do not record personal information in your notebook essential questions answered in a report ✔✔Who, what, where, when, how, why Requirements of a well written report ✔✔complete, factual, objective, accurate explain crime ✔✔An act that the law makes punishable Culpable mental states ✔✔knowingly, purposely, recklessly, negligently Purposely ✔✔Specific intention to cause a certain result; or when the offense is a prohibition against certain conduct of a certain nature, regardless of what the offender intends to accomplish, it is the offender's specific intention to engage in the conduct

Knowingly ✔✔aware that conduct is practically certain to cause a result, regardless of purpose recklessly ✔✔With heedless indifference to the consequences, disregards a substantial and unjustifiable risk that conduct is likely to cause a certain result or is likely to be of a certain nature Negligently ✔✔Because of substantial lapse from due care, fails to perceive or avoid a risk that his/her conduct may cause a certain result or may be of a certain nature Jurisdiction ✔✔a government's general power to exercise authority over all persons and things within its territory Statutory law ✔✔The body of law derived from statutes rather than from constitutions or judicial decisions. Case Law ✔✔The law found in the collection of reported cases that form all or part of the body of law within a given jurisdiction

Physical Harm to Property ✔✔- Any tangible or intangible damage to property that results in loss of value or interferes with enjoyment. Serious Physical Harm to Property ✔✔- Substantial loss to the value of the property or requires substantial time, effort, or money to repair of replace.

  • Temporarily prevents the use or enjoyment of the property or interferes with the use or enjoyment for extended periods of time. 2923.01 Conspiracy ✔✔(A) No person, with purpose to commit or to promote or facilitate the commission of aggravated murder, murder, kidnapping, abduction, compelling prostitution, promoting prostitution, trafficking in persons, aggravated arson, arson, aggravated robbery, robbery, aggravated burglary, burglary, trespassing in a habitation when a person is present or likely to be present, engaging in a pattern of corrupt activity, corrupting another with drugs, a felony drug trafficking, manufacturing, processing, or possession offense, theft of drugs, or illegal processing of drugs
  • With another person or persons, plan or aid in planning the commission of any of the offenses 2923.02 Attempt to commit an offense. ✔✔(A) No person, purposely or knowingly, and when purpose or knowledge is sufficient culpability for the commission of an offense, shall engage in conduct that, if successful, would constitute or result in the offense.

2923.03 Complicity. ✔✔No person, acting with the kind of culpability required for the commission of an offense, shall do any of the following:

  • Solicit or procure another to commit the offense
  • Aid or abet another in committing the offense
  • Cause an innocent or irresponsible person to commit the offense. Describe the purpose of the fourth amendment to the United states constitution ✔✔is to guarantee rights relating to arrests, searches, and seizures of persons describe the relationship between the degrees of suspicion and the responses allowed by the constitution ✔✔Highest Proof beyond reasonable doubt
  • suspect may be convicted of crime punished Probable cause to believe suspect is guilty
  • suspect may be arrested reasonable suspicion that suspect is involved in criminal activity
  • suspect may be seized and detained for investigation hunch
  • conduct stop quickly as possible to not prolong the period of involuntary detention
  • if additional facts are uncovered that supply officer with probable cause to arrest, individual may be arrested
  • must be released if no grounds for arrest requirements which 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 Plain Feel Doctrine ✔✔-weapons
  • during frisk, if officer grab something and immediately recognize it, they can seize it
  • not seize it if determining its identity requires further manipulation (pockets, squeezing)
  • once determined not a weapon, search must stop unless there's a warrant identify the evidentiary standard on which to base an arrest ✔✔a arrest must be based on probable cause describe when the elements of probable cause to arrest are satisfied ✔✔the officer is aware of articulable facts and circumstances sufficient to warrant a reasonable person to believe that a crime has been committed and the person about to be arrested committed the unlawful act

identify sources of information that can be used to establish probable cause to make a warrantless arrest ✔✔personal observations, informant's tip, reports from officer or agencies, physical evidence, past criminal record, statements made by suspect, leads furnished by victim or witness in the absence of consent or exigent circumstances before entering, a officer must do before entering a private residence to make a arrest ✔✔-secure appropriate warrant

  • reasonably believe that the person to be arrested is present at the correct address
  • knock and announce their presence to justify a warrantless, nonconsensual entry into a private residence in order to make a arrest.. ✔✔exigent circumstances must exist which demand a immediate response Hot/Fresh Pursuit ✔✔The pursuit, without unreasonable interruption, of a person who is trying to avoid arrest the basis to legally seize evidence ✔✔-based on probable cause