MP Exam Flashcards

Question

What to do when detaining juveniles

Answer 1

Immediately advise them of their rights Notify MP Desk/MPI/CID Parents or guardian SJA FAP (for problematic sexual behavior)

Answer 2

Unless a juvenile who is taken into custody is prosecuted as an adult neither the name nor picture of any juvenile shall be made public in connection with a juvenile delinquency proceeding. Must be kept from operational activities and public view May be allowed custody and care in a halfway house or foster home Do not fingerprint, photograph, or collect DNA without SJA coordination

Answer 3

Records must be secured and only released on a need-to-know basis May be released to: Courts or agencies preparing pre-sentence reports Other police agencies during the investigation of a crime Treatment facilities Agency considering subject for position involving law enforcement or national security AR 190-45, Law Enforcement Reporting governs storage of juvenile records

Answer 4

Conducted in a reasonable fashion May use any reasonable natural or technological aid (e.g., drug dogs) May be conducted with or without notice A proper purpose is to locate & confiscate unlawful weapons & other contraband However, the primary purpose must NOT be to obtain evidence for prosecution An inspection cannot be a subterfuge for a search

Answer 5

If there is government intrusion into a person’s reasonable expectation of privacy, Then general rule is a search authorization (warrant) based on probable cause is required Talk to your JAG if: you are physically going to touch/intrude on someone’s person, home, paper, or effect (car, computer, bag, phone, etc.) for the purpose of gathering information, you need a warrant based on PC or believe an exception (exigent/auto/PV) applies

Answer 6

Evidence obtained as a result of an unlawful search or seizure made by a person acting in a governmental capacity may be inadmissible Includes derivative evidence! “Fruit of the poisonous tree” doctrine Purpose Deter police misconduct by creating negative consequences for disregarding the 4th Amendment’s requirements Avoid constitutional violations

Answer 7

Independent source – evidence was not obtained as a result of an unlawful search or seizure Inevitable discovery – evidence would have been obtained even if the unlawful search & seizure had not been made Good faith – evidence was obtained by officials who reasonably and with good faith (objective standard) relied on the authorization

Answer 8

Personal jurisdiction = jurisdiction over the person Subject-matter jurisdiction = jurisdiction over the offense or crime Territorial jurisdiction = jurisdiction over cases involving persons residing or present in a certain territory

Answer 9

General rule: federal military forces can’t be used as a “posse” to “execute the laws” off-post in US The PCA applies to: Active duty military personnel (except Coast Guard) Reservists on AD, ADT, & IDT National Guard personnel in Title 10 status DOD civilians under C&C of AD military officer The PCA does NOT apply to: Military personnel off duty & acting in a private capacity (“citizen arrest”) Reservists not on AD, ADT, & IDT National Guard personnel in state/Title 32 status Coast Guard personnel

Answer 10

Off-post LEA “initiated by us for us” OK under PCA Independent military purpose military interest Protection of classified military information/equipment Protection of DOD personnel, equipment, & official DOD guests Traffic control points off-post for military convoys Hot pursuit off the installation Criminal investigations into Service members off-post or DOD civilians that could result in adverse administrative action Investigations into criminal activity affecting good order and discipline on the installation (i.e. prostitution)

Answer 11

Police reform efforts in the United States began with individual municipal commissions. Continued on a national level with President Hoover’s Wickersham Commission in 1929. Most serious police reform came from within individual departments. Some police policy was driven instead by American jurisprudence. Warren Courts system. Right to counsel if your freedom is taken at any time.

Answer 12

The Commission focused its investigations almost entirely on the widespread violations of national alcohol prohibition to study and recommend changes to the Eighteenth Amendment and to observe police practices in the states. They observed police interrogation tactics and reported that "the inflicting of pain, physical or mental, to extract confessions or statements... is widespread throughout the country." They released a second report in 1931 that supported Prohibition but found contempt among average Americans and unworkable enforcement across the states, corruption in police ranks, local politics and problems in every community that attempted to enforce prohibition laws. It documented the widespread evasion of Prohibition and its negative effects on American society and recommended much more aggressive and extensive law enforcement to enforce compliance with anti-alcohol laws. The report castigated the police for their "general failure... to detect and arrest criminals guilty of the many murders, spectacular bank, payroll and other holdups and sensational robberies with guns."

Answer 13

The Warren Court expanded civil rights, civil liberties, judicial power, and the federal power in dramatic ways. It has been widely recognized that the court, led by the liberal bloc, has created a major "Constitutional Revolution" in the history of United States. The Warren Court brought "one man, one vote" to the United States through a series of rulings, and created the Miranda warning. In addition, the court was both applauded and criticized for bringing an end to de jure racial segregation in the United States, incorporating the Bill of Rights (i.e. including it in the 14th Amendment Due Process clause), and ending officially sanctioned voluntary prayer in public schools.

Answer 14

A case about an Ohio Anti-Obscenity Statute, in its origin Would eventually overturn Wolf v. Colorado 4th Amendment doctrine applied to the states – Exclusionary rule the only guarantee against government violations

Answer 15

Right to legal counsel – A sixth amendment guarantee. Another distinction between Federal and State courts Is all counsel equal, and does this matter? Ultimately, Gideon v. Wainwright overturns an earlier court decision in Betts v Brady, where counsel is only afforded/appointed by the government in Federal felony cases. But this does nothing to address the effectiveness of the representing counsel. Reversal of the “Harmless Error” Criticized for burdening a suspect with making the “effectiveness” argument

Answer 16

14th Amendment – the first 100 years A question of self-incrimination, and a safeguard against routinely aggressive police interrogations Overturning the test of voluntariness Disagreements over the solution, not the problem Required a 4-part warning to protect against 5th Amendment abuses Widely criticized for potentially “handcuffing” police, and indicative of justices “legislating from the bench.”

Answer 17

Arguably the most important 4th Amendment case decided. While Mapp determined the exclusionary rule, Katz determined reasonable expectation of privacy. 4th Amendment protects people, not places. Criticized for the difficulty in reconciling “intrusiveness” of new technology and one’s reasonable expectation of privacy “the 4th amendment protects people, not places.”

Answer 18

…Another 4th Amendment question (As it turns out…humans in general don’t like being “searched” or “seized” without a very good reason) Is it always unreasonable for police to seize a person and subject them to a limited search…for weapons...without articulable, probable cause for an arrest? Court decided that it was not. Criticized for a) opening the door wide open for what constitutes a Police Officer’s suspicion b) leading the way for the controversial NYPD police of S.Q.F. The court decided that police CAN make temporary stops when yet still short of the probable cause for an arrest. Justice Harlan further clarified however, that in order to make the stop and frisk, the officer must establish the reasonableness of the forcible stop, which puts the suspect in their immediate proximity to begin with. Harlan goes on, describing that stopping a suspect when there is reasonable suspicion that a crime of violence is afoot, is in and of itself an immediate and automatic reason to stop and frisk.

Answer 19

Routine Activity Theory Situational Crime Prevention Theory General Theory of Crime Social Disorganization Theory Crime Pattern Theory Broken Windows Theory

Answer 20

A theory that has evolved over the last century, originating from the Chicago School of Sociologists (U of Chicago) Communities of people tend to form consensus for the common good, establishing norms and rules for behavior in public. When people focus inwardly, lessening the influence of community responsibility, offending increases.

Answer 21

Combines Rational Choice Theory and Routine Activities – Crime is the result of interaction between an offender and their environment Nodes Paths Edges C.P.T focuses on how the offender seeks and finds opportunities to commit crimes – Specifically that Offenders will focus on areas within nodes or paths that they routinely travel or occupy that lack suitable management or guardianship. Crimes occur when targets intersect with these identified areas that lack guardianship and is observed by an offender.

Answer 22

Criminals are ultimately rational and can consider the consequences of their behavior prior to making a decision They conduct a cost/benefit analysis of gains and losses prior to committing a crime Wright and Decker’s 18 month study of street burglary in St. Louis, MO changed the perspective on rational choice theory People’s (not just criminals) ability to consistently make rational choices is affected by emotions and culture

Answer 23

Policing is focused on maintaining order, safety, and security without an intent to enforce laws on the population and compel compliance at the risk of legal penalties. Law Enforcement is conducted for the purpose of enforcing laws, investigating crimes, and apprehending (when warranted) persons for adjudication within the appropriate judicial system.

Answer 24

Community Oriented Policing Computer Statistics Problem Oriented Policing Intelligence Led Policing Predictive Policing Hot Spot Policing

Answer 25

First implemented by NYPD Police Commissioner William Bratton in 1994 (in conjunction with his support for Broken Windows-based community policing) Framed around 4 criterion Accurate, timely information/intelligence Effective tactics to counter problems/targets Focusing personnel and resources on problems Follow-up and assessment Specific objectives and goals are essential to effective statistical modeling

Answer 26

Proposed by Herman Goldstein in 1979…based on analysis of collected police information…like most other police models. Popularized the SARA model - Scanning - Analysis - Response - Assessment

Answer 27

Originated as a way to mitigate shrinking resources for police in Great Britain. Relies on effective information management and analysis. Information from police patrols must move quickly through analysis, and provide a basis for action. Information sharing must be agile vertically, up and down chains of command, AND laterally, between law enforcement organizations.

Answer 28

Shares concepts from both intelligence-led and statistics model policing. Application of advanced analytics to crime data and different intervention methods. Uses technically specific computer modeling. Not exactly a stand-alone policing model, more often used to enhance other traditional policing models

Answer 29

Military Police Company Corrections / Detention MP Company Guard MP Company (ARNG Only) Law Enforcement Detachment

MP Exam Flashcards

(53 cards)