LE Practices- MFP Nuggets Breakdown

Question 1

Can hearsay be a factor in establishing probable cause?

Answer 1

Yes, probable cause is more likely than not and hearsay can contribute to the totality of an officer’s belief.

Question 2

Should you rely on a follow-up investigation to establish probable cause?

Answer 2

NO, follow-up investigations should be used to gather legally sufficient evidence and proof beyond a reasonable doubt.

The initial investigation should establish probable cause and the follow up solidify the case.

Question 3

What are the characteristics of a good arrest?

Answer 3

Simplicity, Surprise, Speed

**SAFETY **is not there, probably shound be but be aware of this.

Question 4

What should be included in a good arrest plan?

Answer 4

A well-structured approach to executing an arrest is essential and when you do arrest the individual do your best to keep them calm.

Question 5

When arresting a suspect in their home, what should you never allow?

Answer 5

Never allow them to leave your presence, does not matter the circumstance.

Question 6

When transporting more than one prisoner, where should both officers sit?

Answer 6

• Both officers sit in the front
• All prisoners sit in the rear

MFP 2-2-9

Question 7

Another name for a suppression hearing is a:

Answer 7

HUNTLEY-WADE Hearing

Huntley is confessions
Wade is pre trial identifications

Question 8

What is BRADY MATERIAL?

Answer 8

Material that is favorable to the defendant

Ex. Det doing photo ID procedures, victim fails to identify, Det makes a note of this, but fails to make this circumstance available.

Question 9

An indictment may be issued by a Grand Jury if how many jurors agree to indict?

Answer 9

• 23 jurors on a grand jury
• 16 must be present in order to conduct proceedings
• 12 jurors must agree

Question 10

The STATUTORY RULES of EVIDENCE are set out in which laws?

Answer 10

CIVIL PRACTICE LAW & RULES (C.P.L.R.) and the Criminal Procedure Law (C.P.L.)

Question 11

What is the TRIPLE TEST of admissibility?

Answer 11

Is the evidence / information being admitted:
* Relevant - Related to the thing being proven or disproven
* Material - An important piece of evidence
* Competent - Does not violate a rule of evidence (hearsay, etc)

Question 12

Why is a dying declaration admissable?

Answer 12

It is an exception to the hearsay rule due to the extreme circumstances (belief death is imminent) it is unlikely said person would lie.

Question 13

An ORDINARY WITNESS may give their opinion on what topic?

Answer 13

The rational or irrational nature of a person’s conduct

An ordinary person can say : “I think Rodger was upset because he was crying”

Question 14

What must take place for privileged communications between husband and wife to be admissable?

Answer 14

Both parties must waive privilege

The only dual party privilege

Question 15

Is a law enforcement officer generally required to reveal the identity of a confidential source?

Answer 15

No, unless the confidential source is the only means of making the case

• This information can establish probable cause to arrest but:
• Information from a CI can not come in at trial unless the CI is going to testify before the suspect.
• Without appearing before the court none of that information can come in

Question 16

What does ‘IN LOCO PARENTIS’ mean?

Answer 16

In the place of a parent

• Can be used in the context when schools, teachers, law enforcement and other entities are acting in the place of a parent
• Office of Children and Family Services- decides appropriate detention locations for juveniles
• Chief Admin of the Courts - decides locations suitable for questioning

Question 17

Why is PHYSICAL EVIDENCE preferred in court?

Answer 17

Physical evidence:
* Cannot lie
* Is not affected by emotions
* Cannot be impeached

Question 18

Information obtained from _______ has higher evidentiary value in court.

Answer 18

THINGS rather than persons

Question 19

What should you do as you enter a CRIME SCENE area?

Answer 19

Survey the entire scene and make a mental note of the conditions

• This comes before rendering aid to any injured persons
• Think if there was a hazard, fire etc youre not going to aid the injured before addressing those conditions

Question 20

Surveillance team members should be directed to travel through the area to determine: ?

Answer 20

• Traffic conditions
• Suitable observation posts
• Dress and demeanor of local persons
• Well-known landmarks
• Possible areas of difficulty

Question 21

When conducting surveillance, how should team members dress?

Answer 21

In the same style of clothing as others in the area

Question 22

Can a parent consent to the search of a child’s room in the parent’s home?

Answer 22

Can consent if the child is not paying rent

Question 23

Can a college official give valid consent to search a dormitory room?

Answer 23

NO

Question 24

Can an employer give valid consent to search a desk or locker over which the employee has exclusive control?

Answer 24

NO

Question 25

When conducting surveillance on a crowded street, how should two officers position themselves?

Answer 25

* Both officers should remain on the **same side as the suspect** * **One officer** should be **close** to the suspect * The **second officer** should be **some distance behind the first** officer

Question 26

Describe the A-B-C method of surveillance using 3 officers?

Answer 26

* **Little or no traffic** 1. "A" officer may be in front of subject 2. "B" and "C" officers on opposite side of the street * **Usual pedestrian traffic** 1. "A" officer behind the subject 2. "B" officer same side following officer "A" 3. "C" officer on opposite side of street a bit behind the subject * **Crowded street** 1. "A", "B", "C" officers all on same side as the subject 2. "A" officer may be quite close to the subject ## Footnote **Note (Frequently Tested):** * Officers should change positions frequently * Up to 5 officers may be ok * More than 8 officers can lead to a lack of coordination

Question 27

What are the four (4) kinds of CRIME SCENE SKETCHES?

Answer 27

* FLOOR PLAN (overhead view) (most common) * ELEVATION DRAWING * EXPLODED VIEW * PERSPECTIVE (not done to scale) ## Footnote **Note:** **Frequently Tested:** * An advantage to sketches over photos is that sketches can show movement **Most frequent sketch question:** * What is written on a sketch other than the drawing itself? 1. North arrow indicating direction 2. The scale used ex 1 in = 1 ft 3. On the back of the sketch: * location * case number * date and time sketch taken * name of person doing measurements * name of person doing sketch

Question 28

What should you NOT attempt to do with a dried blood stain?

Answer 28

REMOVE it from an item for submission to the laboratory | When possible submit the entire item

Question 29

What should you do before packaging an item with a wet blood stain?

Answer 29

DRY it at room temperature ## Footnote **Do not use:** * Fan * Sunlight * Other heat source **Do:** * Package individual items separately

Question 30

What may pellets and wadding be related to?

Answer 30

The gauge and manufacturer of a shot-gun shell

Question 31

What are some important steps when making a plaster cast aka a moulage?

Answer 31

* **For tires**: Make a cast that encompasses the entire circumference of a tire (9 ft on average) * Allow plaster to cure for 20 to 30 minutes * **DO NOT** clean or brush debris from the cast * Measure the distance from one foot's heel to the opposite foots heel to determine stride length * If one step is significantly longer this can indicate the suspect walks with a limp

Question 32

When looking at a pane of glass with 2 bullet holes how can you determine which was fired first>

Answer 32

* By examining the radial fractures * The radial fractures of the second bullet will terminate when they meet the fractures from the first bullet.

Question 33

About ___ % of the populace SECRETES blood group factors into other body fluids such as ___.

Answer 33

* 80% of the population has this * This can be found in fluids such as saliva, semen, and vaginal fluid

Question 34

If **post mortem lividity is cherry red** in color, what is a possible cause of death?

Answer 34

Carbon monoxide poisoning

Question 35

Why is supervisory review of reports important?

Answer 35

To ensure **consistency** and **accuracy**

Question 36

What should the report reviewer determine?

Answer 36

* A thorough investigation was conducted * Established department procedures were followed

Question 37

An established procedure for report reviewing will produce what outcomes?

Answer 37

* Provide an accurate and practical method of determining the **quality** of an officer's investigative ability * Assess the training needs of the department's officers.

Question 38

According to V.T.L. Section 426, what conduct amounts to a Class 'E' Felony?

Answer 38

* False statement in endorsing a certificate of registration, certificate of title, etc., when selling a motor vehicle. * Intentionally receiving or transferring title to a motor vehicle one has reason to believe is stolen * Possessing any motor vehicle or trailer one has reason to believe is stolen (**Note no value stated**)

Question 39

What are some MOTIVES for committing arson?

Answer 39

* Financial gain (by quick liquidation of a buisiness, estate, fire insurance etc) * Hatred, revenge, spite, jealousy * Terrorist action * Concealment of another crime * Pyromaniac

Question 40

Who has the sole responsibility for the final decision to evacuate a building during a bomb threat?

Answer 40

The person in charge of the establishment ## Footnote * Officer should reccommend but it is not their decision * If a decision is made to search the building, if possible search with individuals that know the layout of the building, possibly superintendents or maintainence people who would know if something is out of place * If you find a bomb while searching leave it and call for bomb squad, keep searching there may be more than one