When should you get a written statement (4 reasons)
-Reluctant
-Key witness
-Will not be able to testify
-May change statement in court
Brown
... [Show More] V. Mississippi 1936
Use of force in obtaining a confession will make the confession inadmissible in court
4 behavioral signs of addiction
Neglecting responsibilities
-Unexplained reasons for money
-Engaging in suspicious behavior
-Taking unnecessary risks
Legal Search Items
-Weapons
-Fruits of crime
-Instrument of crime
-Contraband
-Suspects
Massiah V. US 1964
Trickery cannot be used to obtain incriminating statements
Escobedo v. Illinois (1964)
When questioning or focus shifts to the subject with the purpose of obtaining a confession; the accused must be permitted to consult with a lawyer or statements will be inadmissible
Chambers v. Florida (1940)
Confessions will be inadmissible when intimidation or coercion are employed through brutality, deprivation, questions above IQ and age of suspect
Arizona v. Gant
Police may only search a vehicle incident to arrest if: The arrestee might access the vehicle @ the time of search, or the vehicle contains evidence of the offense he was arrested for.
1983 Action
Lawsuit of police because civilians feel police did things wrong
Court of Appeals Cases
Appeals from District and Juvenile Courts,
Cases must have previous final order or an order made before case is final
Flammable and Combustible
Flammable: Below 141 Degrees
Combustible: Above 141 Degrees
Oregon v. Mathiason (1977)
Miranda is not required just because questioning takes place in a police station. Some freedom must be restricted
6 mechanics of report writing
-Grammar & Punctuation
-No spelling errors
-Strong clear concise sentences
-Statements are objective
-Paragraphs
-Vocabulary
Graham v. Connor (1989)
Objective reasonableness standard for when an officer can legally use force on a subject and how much force can be used
Placards on things that move (trucks)
-Blue: Do Not use water
-White: Posion
-Yellow: Oxidizer (Helps fire burn)
Liquor
A liquid that is alcohol, and a drinkable liquid. Contains at least .5% of alcohol
Balanced Physical Fitness (6 things)
-Cardiovascular Endurance
-Muscular Strength
-Flexibility
-Muscular Endurance
-Anaerobic Power
-Body Composition
5th Amendment
The Right to Remain Silent/Double Jeopardy, right to due process
What does the Constitution have precedence over
Federal and State statutes and local law and ordinances
Forensic Science (2 types) Considered Circumstantial Evidence
-Physical: Foot print, Fingerprint, Fibers, Paint, Tire tracks
-Biological: Comes from living sources blood and other bodily fluid
Signs on things that don't move (buildings) Hazmat Diamond
-Blue: Health
-Red: Flammability
-Yellow: Reactivity
-White: Special
0 is low 4 is high
How many Fusion Centers/SIAC does a state have to have?
Every state has to have 1 Fusion Center/SIAC
U.S. Supreme Court
the highest court of the United States; it sits at the top of the federal court system
Benefits of remaining fit for Duty (6 things)
-Physical and Mental fitness
-Professional appearance
-Ability to perform job effectively
-More self confidence
-Less likely to be attacked
-Longer life
Utah Supreme Court Cases
-Appealed 1st Degree Felony and Capital Felony cases from District
-Lawyer discipline matters
-Does NOT hear new evidence, only record
-Cases from appeals court
Non-Searches (6)
-Abandoned Property
-Canine Sniff
-Open field & Aerial view
-Plain view
-Private Citizen Search
-Inventory
Cases with NO Statute of Limitations
-Capital Felony
-Agg. Murder
-Murder
-Manslaughter
-Child Abuse Homicide
-Sex Offenses on a minor (child)
-Rape
-Object Rape
-Forcible Sodomy
-Agg. Sex abuse
10 Behavioral signs that can indicate deception (lying)
-Nervous Movements
-Pacing
-Not able to hold still
-No eye contact
-Memorized/rehearsed answers
What is Statute of Limitations
The amount of time you have to file a suit
"State of Mind" that might cause someone to join a gang
-Boredom
-Poverty
-Unemployed
-Victim of abuse/neglect
-School dropout
-Negative role models
5 types of evidence
-Real/Physical
-Testimonial
-Circumstantial
-Demonstrative
-Judicial Note [Show Less]