General Policy Flashcards
Consular Notification: Who is responsible for notifying an arrestee or detainee’s consular? A list of mandatory consular notifications will be kept where?
The arresting officer; in the LT’s office bulletin board.
Legally Mandated Authority: The PD’s authority and responsibility is granted by what section of the ORC?
ORC 737.11
Authority to Carry and Use Weapons: The PD’s authority for sworn officers to carry and use firearms is granted by what ORC code?
ORC 109.80.1
Constitutional Rights: If a suspect wishes to make a statement, but refuses to sign the waiver (form 1.7), who should sign the waiver? A notation shall be made as to the reason for the refusal.
A witness and the investigating officer
Constitutional Rights: Arraignment timetables are governed.by what ORC section?
ORC 2945.71
Constitutional Rights: If there is any question on what can be released to the media, the Staff Commander in charge of what shall be contacted?
Records Bureau
Constitutional Rights: What shall normally be released to the media?
- date and location of the offense2. name and address of the victim (except sex crimes/juveniles)3. name, address, charges against a formally charged suspect
Constitutional Rights: What will not be released to the media?
- suspect’s prior record2. motive3. evidentiary details4. content of statements5. possible pleas6. anything prohibited by judicial order
Warrantless Search and Seizure: What case law allows for an officer to conduct a stop and frisk of an individual when the officer has a tangible/reasonable belief to fear for his/her safety?
Terry v Ohio (1968)
Warrantless Search and Seizure: What case laws allow for the warrantless search of a vehicle under the movable vehicle exception?
Chambers v Maroney (1970) and US v Johns (1985)
Warrantless Search and Seizure: A warrantless search of a movable vehicle can be conducted when?
- PC that contraband or evidence exists in the car2. The vehicle is about to be or could be moved; and,3. Obtaining a warrant would be impractical
Warrantless Search and Seizure: In Anderson v Sanders (1979), the court held what in regards to exigent circumstances?
where the societal costs of obtaining a search warrant, such as the danger to law enforcement officers or the risk of loss or destruction of evidence, outweigh the reasons for prior recourse to a neutral magistrate, an officer can conduct a limited search and seizure.
Warrantless Search and Seizure: Examples of exigent circumstances include what?
- need to rescue (Mincey v Arizona (1978)2. danger of escape or destruction/removal of evidence
Warrantless Search and Seizure: An inventory search of a motor vehicle will include a documented inventory search of the vehicle and contents, including what?
including closed containers, contents of trunk/cargo area, exterior of vehicle, and engine compartment
Warrantless Search and Seizure: If access cannot be gained to a locked briefcase, box, luggage, etc, officers WILL / WILL NOT forcibly open locked containers unless a search warrant is obtained.
WILL NOT
Warrantless Search and Seizure: Search incident to a lawful arrest is allowed for what? Maryland v Blue (1990) and NY v Belton (1981)
- Protection of the officer2. Prevent the destruction of evidence
Warrantless Search and Seizure: Search incident to a lawful arrest is limited to what?
- Person2. Immediate area the detainee may access to get a weapon or destroy evidence
Warrantless Search and Seizure: What two case laws allow for the seize or evidence or contraband that is in plain view?
Coolridge v New Hampshire (1971),Horton v California (1990)
Procedures for Arrest: What ORC section allows for the arrest by anyone of someone who it is believed to have committed a felony?
ORC 2935.04
Procedures for Arrest: According to ORC 2935.07, when a person is engaged in the commission of a criminal offense, it IS / IS NOT necessary to inform him/her of the cause for the arrest.
IS NOT
Procedures for Arrest: Felony affidavits and warrants are filed with which court?
Municipal court of the county of offense
Procedures for Arrest: An officer may pursue outside of their jurisdiction and arrest and detain the person if?
- pursuit takes place without unreasonable delay2. pursuit is initiated within jursidiction3. offense is a felony, M1, M2, or where points are chargeable pursuant to 4510.036
Procedures for Arrest: A legal arrest is constituted of what four elements?
- An intent to arrest;2. Legal authority to arrest based on jurisdiction and venue;3. Accompanied by an actual or constructive seizure or detention or the person; and,4. Understood by the person being arrested.
Procedures for Arrest: What section of the ORC governs the procedures for arrest?
ORC 2935