2024-2025 SGT Bibliography - Statutes Flashcards
(342 cards)
What drug is not subject to presumptive field testing?
Legal Medical Marijuanna
What is defined as legal hemp?
cannabis containing THC of .03% or less
What happens when samples of cannabis test negative on the Duquenois-Levine Reagent System?
No further actions should be taken
What is considered illegal marijuanna?
cannabis containing THC higher than .03%
Who must sworn member consult if they are unable to use the Cannabis Typification test kit?
Troop Legal Advisor
What standard is used when conducting cannabis investigations?
Odor plus standard
If there is an odor of cannabis in a vehicle and the subject answer no to the question “Do you have any marijuana or hemp in the vehicle”, what can you do?
detain and search the vehicle
If there is an odor of cannabis in a vehicle and the subject answer yes to the question “Do you have any marijuana or hemp in the vehicle”, what can you do?
must determine if it is marijuana or hemp
If subject advised what they have is marijuana then what?
must determine if the marijuana was legally obtained
If determined that marijuana is illegally obtained, then what?
detain and search vehicle
Does the “odor plus/sniff plus standard” apply to K-9?
yes
What does the “odor plus standard” require Troopers to do?
obtain circumstantial evidence beyond the mere scent of marijuana to establish PC for vehicle search
Until new THC test kit is acquired, if a felony amount of cannabis is found, no custodial arrest shall be made until the Trooper consult with who?
Troop Legal Advisor
If a person is commanded by a peace officer to assist him/her in an arrest, will that person be civilly liable?
No
Does a person who has been commanded by a peace officer to assist him/her, does that person have the same authority to arrest as the peace officer?
Yes
Does a peace officer have to inform the person being arrested the cause of the arrest?
yes
In order to be charged with making a false report to LEO, the oral communication must be corroborated by what?
Audio recording or audio in a video, a written or recorded statement made by the person who gave the information, or a witness who was present when the person gave the information to the LEO
What is the charge for someone who knowingly gives false information to LEO concerning the allege commission of a capital felony?
Felony to the Third Degree
How long does the court have to order a hearing upon receipt of a petition for risk protection order?
no later than 14 days
How long can a court risk protection order last?
not exceeding 12 months
What will happen if the subject fails to show up to a protection order hearing?
court will issued the risk protection order valid for 1 year
When will the court hold a hearing to vacate a risk protection order?
No sooner than 14 days and no later than 30 days after the date of service of the request
If the court choose to vacate a risk protection order, how long does the court have to notify the petitioner?
at least 30 days before the end of the order
For risk protection order, how many hours does LEO have after service of the order to file the original receipt listing all firearms taken with the court?
72 hours