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SAIU Testing > SAIU > Flashcards

SAIU Flashcards

1
Q

What is sexual battery?

A

243.4 PC - five subsections. a-e(1) - sexually touching of another person’s intimate body against their will. I Touching is for specific intent for sexual gratification, sexual arousal w/o consent.

A) victim is unlawfully restrained against their will while for the purpose of sexual arousal or sexual gratification (felony)

B) victim is medically institutionalize. Seriously disabled or medically incapacitated. Touching is against the will of he person . (Felony)

C) victim is unconscious and unaware of the act due to a falsely representing the touch as for professional purpose.

D) victim is restrained or medically institutionally/incapacitated or medically disabled to force victim to masturbate or intimately touch any person (including vict) against their will.

E1) touching of intimate body part by another person against their will for purpose of sexual arousal or sexual gratification.

All are felonies except for e1
243.4(J) - commit any of above on on a minor and S has prior conviction

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2
Q

What is sodomy

A

286 PC

(A)Touching of ones penis to the anus of another person (any penetrations is sufficient) without consent.

(b)1 - V is under 18

b(2)- S is over 21 and V is under 16

c(1)- V is 14 under S is 10+ yrs older

2A- use force, fear, threat of GBI

B- 286 V under 14 and using 2A

C- 286 V is 14 and over using 2A

D(3)- 286 with future threat to retaliate

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3
Q

What is continuous sexual abuse of a child

A
  1. 5 PC - felony
    - resident in same home
    - recurring access to minor
    - over a period not less than 3 months
    - three or more acts of sexual conduct per 1203.66 PC
    - three or more 288 acts.(lewd and lascivious acts with a child)
    - child is under 14
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4
Q

314.1 PC

A

Indecent exposure

  • willfully exposing your genitals to someone else motivated by sexual gratifications for self or to offend the other person.
  • felony if done after long entering, without consent, an inhabited dwelling, house, trailer, or inhabited portion of building.
  • also prior conviction of 314 or 288 offenses.
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5
Q

Rape

A

261 PC
An act of forcible intercourse (penis and vagina) with a person not the spouse. No consensual accomplished by force, fear, or fraud.

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6
Q

261(a)1

A

Rape by incapable of giving legal consent because of mental and or physical disability

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7
Q

261(a)2

A

Rape against the will and force or menace with bodily injury.

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8
Q

261(a)3

A

Rape when victim is intoxicated and unable to give consent

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9
Q

261(a)4

A

Rape when unconscious of nature of the act

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10
Q

261(a)5

A

Rape by trickery

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11
Q

261(a)6

A

Rape by threat of future retaliation and

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12
Q

261(a)7

A

Rape by use of authority. Need not be a real official.

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13
Q

289 PC

A

289 PC

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14
Q

288(a) PC

A

Lewd and lascivious acts with children.

(A)

  • person who willfully and lewdly
  • commits any lewd or lascivious acts
  • upon or with the body or any part of a child who is under the age of 14 years
  • with the intent of arousing, appealing, or gratifying the lust,passions or sexual desires of that person or child
  • 3/8 years felony

(B)1- same as A but with force, violence, fear of great bodily injury

(C)1- w is 14 or 15 and suspect is 10 years older
C(2)- S is caretaker of V and commit 288

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15
Q

Molesting/annoying a child

A
  1. 6 PC - annoy or molest imply a sexually intereste or sexual gratification to a child for purpose to disturb or irritate or be observed by child. Need no touching for crime. Words alone is enough.
    - a(1) (misdemeanor) - knowingly annoy or molest a child under 18
    - a(2) (misdemeanor) - same as a1 but Susp believes vict is a child but vict is an adult.
    - (b)- entering an inhabited house without consent and commit 647.6 a(1)
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16
Q

288a PC

A

Oral copulation

(a)- The act of copulating the mouth of one person with the sexual organ or Anus of another. Even with sexual t from child under 18. Child cannot give consent.

b(1)- V is under 18

b(2) - S is 21+ and V is under 16

c(1)- V is under 14 and S is 10 years older

2 A- by force fear or threat of GBI

B- V is under 14 with 2A

C- V is 14 and over with 2A

Many subsections regarding age and state of involved parties.

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17
Q

Incest

A

285 PC

Close blood relative within the consanguinity who intermarry or being age 14 or older. Commit fornication or adultery between each other

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18
Q

Unlawful sexual intercourse

A

261.5 PC

a- intercourse with a person under 18 who is not spouse of Susp.

b-Misdemeanor if less than 3 years apart

c- more than 3 years : otherwise a felony.

d- S is 21 or older , V is under 16

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19
Q

Failure to comply with 290 sex reg laws

A

Misdemeanor if crime was same

Also felony if crime was same.

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20
Q

Provisions of 11166 PC . Mandatory reporting laws

A
  • must notify a child protection agency by phone asap and
  • submit a written report within 36 hours or receipt of info
  • violation is a misdemeanor.
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21
Q

288.2 PC

A

Sending obscene or explicit matter to a minor.
A(1)
- every Person with knowledge that a person is a Minor
- knowingly distributes, sends, causes to be sent, exhibits, or offers to distribute or exhibit by electronic mail the Internet or commercial online service any harmful matter to a minor.
- with intent of arousing , appealing to, or gratifying lust or passion or sexual desire of person or of minor.
- with intent to or purpose of seducing a minor

  • wobbler . 2nd conviction is felony.

A(2)- matter sent does not depict minors.

Two exceptions

  • parent or guardian committed the act in aid of legitimate scientific sex education
  • act was done in aid of legit hate scientific or educational purposes.
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22
Q

311.11 PC

A

Child pornography

  • person knowingly possess any matter (film, strip, photo, image) the production of
  • involves the use of a person under 18
  • knowing that the matter depicts person under 18
  • showing or engaging sexual conduct
  • guilty of misdemeanor

Exception:
b- if used lawfully by PD or court for legal purposes
C- if person under 18 is legally emancipated
and is legal spouse of person sent the 311.1.

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23
Q

Rape of spouse

A

262 PC

a- rape of spouse
a(1)- against will by force fear of threat of GBI
a(2)- using intoxicants
a(3)- spouse is unconscious and S is aware
a(4)- threat of future retaliation
a(5)- threat by use of authority

24
Q

The sexual assault unit handles many type of cases. What type of cases should the unit commander be notified?

A
  • cases involving PD personnel, their family members or other LEO officials.
  • cases that generate media attention or ones that involve community notables.
  • cases necessitating SAIU response of more than two on call team members
  • cases involving a crime scene, which needs extensive processing by CSU (major serial cases)
  • cases needing immediate follow up the following morning if the on call investigator leave for home.
25
Q

Many times Merge units will assist SAIU with arresting Susp. Often times they require RAMEY warrants before making contact. What is a Ramey and when should it be obtained?

A
  • it’s a pre-complaint arrest warrant which a judge (magistrate) issues before a criminal complaint or case has been filed (bypassing the DA)
  • Ramey is obtained before a complaint has been filed as an alternate to usual route with DA approving/rejecting a criminal complaint.
  • when it is after hours and you want to enter the defendant’s residence to arrest and interview the suspect to obtain more evidence.
26
Q

What are the three categories of sex offenders in Cali?

A
  • full address
  • zip code
  • no post
27
Q

What does CIC stand for and what is its purpose?

A
  • child interview center
  • purpose of the center is to reduce the number of persons who interview the child (under 18)to the very minimal number necessary to conduct criminal and dependency investigations and prosecutions.
28
Q

What does MDI stand for and who makes up the MDI team?

A
  • Multi disciplinary interview

- coordinated effort between police investigator, assigned social worker, and the on call deputy district attorney.

29
Q

What is the Internet crimes against children task force?

A
  • ICAC task force program was created to help state and local agencies enhance their investigative response to offenders who use the Internet, online communication systems, or other computer technology to sexually exploited minors.
  • program is currently composed of 46 regional task force agencies.
  • it is funded by US office of juvenile justice and delinquency prevention.
30
Q

Per SAIU unit guidelines during On-call when is a response generally necessary?

A
  • when our response can make a material difference in the investigation
  • immediate follow ups are necessary when the crime is a felony or misdemeanor with indications the suspect has committed a series of similar crimes or present a threat to safety of others.

Or
- when there is a felony prisoner in custody who wishes to provide a statement. Investigators are expected to attempt to interview the suspect as part of the investigation in following in custody cases.

  • also if victim is attacked by stranger and there leads if acted on quickly could help identify the suspect.
  • Susp whereabouts is know and ATL is not appropriate but Ramey is needed instead.
  • crime scene has been located but will require a warrant for access.
  • Susp is not in custody but is a threat to public and investigate steps can be taken to quickly apprehend the suspect.
  • cases with substantial public interest and investigative steps are readily available.

*** common sense is to err on side of caution and to act and respond immediately

31
Q

Section L6005 of the DM states that incidents involving sexual assaults require the same type of evidence be collected from both the victim and the suspect. The investigating officer will be responsible for ensuring that the additional evidence is collected.

A
  • blood (DNA, alcohol/drug content)
  • saliva
  • pubic hair
  • head hair
  • fingernail scrapping
  • photos
  • vaginal smear
  • rectal smear
  • oral swab
  • penile swab
32
Q

There are a variety of public and private organizations that provide services to the victim of sexual assault. Name two?

A

YWCA rape crisis center
Victim witness assistance center
Dept of social services

33
Q

Mission of SAIU

A

SAIU is responsible for managing investigations of all sex offenses reported n the city. The successful prosecution of ppl who commit sex crimes in San Jose is the reason SAIU exists.
Crimes Including Internet and child porn cases and violations of sex offenders and reg requirements.

SAIU also reviews commercially sex oriented criminal endeavors l, such as 647Bs but the purpose is to identify potential human trafficking/ or sexual abuse victims

34
Q

What are the SAIU teams

A
  • general sex crimes (bull pen)
    investigate sex crimes ; child molest, rapes, 261.5, 314s, etc. also can assist in other SAIU details.
  • Megan’s law (290 detail)
    Enforces 290 PC compliance for mandatory reg of sex offenders. Notify public when appropriate for community safety regarding offenders. Also investigates above crimes if suspect is 290 registrant. And assist other SAIU teams.
  • ICAC / child exploit
    Investigates child molest related to schools and sports teams. Also team that investigates computer and electronic related items with child victims.
  • Human trafficking
    ID and rescue victims of human traff.
    Train LEO
    Raise public awareness
    Funding is from Cali emergency management agency
    Serves - Santa Clara, Santa Cruz, Monterey, san Benito counties
35
Q

Extraditions of sexual assault suspects

A

Coordinated through commander of 211 unit.

36
Q

Sart exams

A

Permission of on call supervisor is required for personnel outside SAIU to authorize SART exams.

  • best to approve exam in questionable cases than to decline procedure.
  • cost is paid by dept.
  • purpose of for gathering physical evidence when circumstances indicate and assault took place.
37
Q

On call investigator and assigned cases

A

When development of assigned cases occur after hours; case investigator is responsible for addressing the situation and should respond immediately.

If assigned investigator is unavailable the “on-call” detective will be assigned the work and do the necessary steps until assigned detective becomes available.

38
Q

Immediate contact with victims

A

Victims are happy when detectives reach out and keep them informed.

And just the opposite if detectives do not communicate.

39
Q

Planned enforcement operations

A

Must be documented on a SAIU operations plan and approved by unit supervisor and forwarded to unit commander

40
Q

What is the purpose of ICAC?

A
  • Assist state and local agencies in developing effective response to cyber crimes and child porn cases.
  • support encompass forensic and investigative components.
  • training and technical assistance
  • victim services
  • prevention and community education
41
Q

What meetings do SAIU investigators attend and what are their purposes?

A
  • MDI board meeting
    Once a month- PD, DA, Vic/wit, sart, mental health.
    Discuss CIC related issues.
- county sexual assault committee meeting
     Once every 2 months 
      Sart, PD, social services
- parole profile meeting
    Once a month 
    PD, parole, probation 
    Parole related
42
Q

What are the work hours

A

FSs off or ssm off
0800-1700 hours normal business
No work before 0600 hours

43
Q

What is the minimum staffing

A

One Sgt and 3 officer for m-fri

Exception are holidays and cleared through unit commander

44
Q

Can an officer leave the city to interview and conduct follow up?

A
  • yes, but must seek approval from Sgt to see if additional resources are needed
  • unit commander will be notified
45
Q

When an officer leaves the county while on duty or In a city vehicle, what must they do?

A
  • notify Sgt in advance and Sgt will see if activity is appropriate
  • unit commander will be notified
  • if no unit commander then BOI captain is notified.
46
Q

What is the status board used for?

A
  • used when an officer leaves the office and their estimated return time.
  • supervisors concurrence is required when
    . Absence is longer than 3 hours
    . When arriving later than scheduled time
    Leaving for the end of the day before schedule end time
47
Q

What is the officer of the day calendar?

A
  • starts 0800-1700 hours m-fri
  • calendar will be adhered to at beginning of each month
  • must remain in office and will find replacement if OD leaves office
  • if officer cannot work OD day, must find a replacement.
    Find a sub
    Notify clerical staff of OD change
    Update OD calendar
    Update the status board
  • if replacement can’t be found
    Notify Sgt - Sgt will find replacement from the absent officer’s team.
    If no one in team is available, a volunteer is designated and unit commander is notified.
    Volunteer will be exempt from next cycle of OD duty and absent investigator will take spot.
    Clerical staff will update change in OD calendar.
48
Q

What are some of OD responsibility?

A
  • back up on call personnel during business hours if they are unavailable for new cases.
  • document incoming sexual assault events where a case number is generated (will be documented in OD log sheet and unit commander notified)
  • act as MDI on-call detective of the day
    Maintain on call pager during business hours
    Respond to CIC within a short time if needed.
  • OD answers phone if non PD personnel are unavailable.
49
Q

How many ppl are on call?

A
  • one Sgt and one officer will be on call.

- begins and ends on Tuesdays at 0800 hours.

50
Q

What are the “on-call” procedures for SAIU?

A
  • bfo to notify SAIU-OD or on call Sgt during business hours or night detectives (after hours) when…
    New reported felony sex crimes within 72 hours. Especially violent or noteworthy cases.
    Also when suspect is 10-15.
  • SAIU Sgt will be contacted directly of bfo Sgt or night detective determined as needed.
  • in custody misdemeanors, bfo officers will obtain advise from their sgts.
  • patrol is responsible for-
    Conducting prelim investigations
    - basic interview of participants
    -process crime scene
    - process suspects
  • on call detective and on call Sgt will conduct follow up
  • on call Sgt will determine if response to scene is necessary.
  • immediate follow is necessary when crime is
    A felony or a misdemeanor with (Susp) commit a series of crimes or
    Present a threat of safety to others.

If suspect is in custody… On call is expected to interview the Susp and follow investigative steps.
NOT 10-15. But immediately folluw up is needed because.
- V alleges attack by S and B has info to identify S
- S location is known and Patrol ATL is not appropriate. Arrest warrant by SAIU is needed.
- search warrant is needed to crime scene search
- S is threat to V, immediate investigation needed to 10-15 S.
- case is substantial public interest.

  • On call Sgt is considered 2nd on call resource and will be primary assist to on call det.
  • on call det will use unit veh with SAIU evidence kit.
  • unit commander will be notified of on. All det response or non response
  • on call must be aware of unsolved serial cases
  • on call det will handle walk ins from main lobby during business hours.OD will handle on call case if on call is unavailable
  • will assist with active cases with assigned detectives if detective is unable to work case for after hours new leads.
51
Q

What are props?

A
  • Police interview technique where investigator speaks of having evidence does not have to obtain admission or confession
  • allowed in SAIU but must be well documented.
  • any props must be marked as such and retained as evidence
  • no counterfeit documents during investigation.
52
Q

You get assigned to a case, what are the steps to investigate?

A
  • review case
  • make case log for all entries (i.e. Phone calls, case filed with DA etc)
  • contact vict
  • re interview and use CIC/MDI for minors
  • determine suspect info. Known/unknown ?
  • if UNKNOWN can V ID?
    Sketch, track flyers, 290 registrants, BFO assist, other LEO agencies, police databases, news,
  • 6 pac if V can identify.

KNOWN S

  • full work up on S
  • relationship between S and V?
  • substance abusers?
  • pretext phone call
  • ask S for an interview to station
  • full interview for possible admission
  • ask for DNA sample
  • confiscate phone for evidence
  • 10-15 of have probable cause
  • otherwise get Ramey of arrest warrant if criminal complaint filed.
  • search warrant for personal items? (Phone comp
  • canvass for evidence/witnesses
  • collect evidence and booked (test for DNA)
  • make sure all interviews are recorded.
  • submit to DA for prosecution.
53
Q

Police databases.

A 
TLO
Versadex
RMS
Cadmine
CJIC
Clets
Slets
Calgang
Coplink
Parole leads 
Mugs 
Cal photo
Monstar
54
Q

What is a beheler admonition?

A

Beheler admonition is a consensual encounter where a person is free to leave at any time.

Usually when a person is invited to PD by officer to provide statement. Miranda is not needed if person (usually suspect) provides consensual statement.

(Cali vs beheler)
Beheler admonishment must be read to possible suspect before conducting interview. Susp will then be aware of their rights.

55
Q

Welfare check for additional victims in child molest cases to determine possible additions Vic’s

A

SAIU Sgt will determine facts with below indicators in mind.

  • why did the molest occur (S and V have relations? Or strangers)
  • multiple victims
  • is there any evidence (positive sart, soiled clothing etc)
  • witness to corroborate Vic statement
  • Vic statement regarding additional concern for others?

Otherwise if no indicators or concerns for necessitating a welfare check, integrity of investigation will outweigh check for 1 day and use it to gather additional evidence ( pretext phone call etc)

If above indicators are present and combination of totality of circumstance may require the check despite threat to investigation. In this case, below steps is needed.

  • patrol conduct check at home
  • detective or patrol conduct check at school.

Patrol check guideline to preserve integrity of investigation.

  • district Sgt will be contacted by SAIU Sgt.
  • district Sgt be given copy of SAIU welfare check guide via text or email.
  • patrol will contact using a ruse
  • patrol will not interview potential assault victims but provide Vic’s with opportunity to disclose sexual assault using general questions regarding their welfare and safety
  • patrol will record contact and do 10-50
  • victim disclosure will warrant on call response
  • district Sgt will 952 SAIU Sgt by phone.
56
Q

Search warrant-

  • What grounds can it be requested
  • when can property be seized if not in search warrant
  • info on search warrant.
A

A

57
Q

288.7 PC -

A

sexual acts with a child under 10

a- S is 18 over engages in 261.5 or 286 w minor 10 years or younger.

b- s is 18 over and engages in 289 or 288a and Vic is 10 or younger

SAIU Testing (3 decks)

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