Term
| What is the standard to determine if someone is seized? |
|
Definition
| would the reasonable person feel free to leave or disregard the request |
|
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Term
| What is the purpose of an investigatory stop or detention? |
|
Definition
| to confirm or dispel suspicions of criminal activity through reasonable and diligent questioning |
|
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Term
| What's the fourth amendment protect against? |
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Definition
| Unreasonable searches and seizures |
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Term
| How long can an investigatory detention last? |
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Definition
| As long as is reasonable under circumstances - confirming or dispelling suspicions - as long as furthering investigation through careful and diligent investigation |
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Term
| When can you conduct a terry pat down? |
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Definition
| RAS of crime and RAS of officer safety concern |
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Term
| When can you arrest a person in their own home? |
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Definition
| With an arrest warrant (or with PC and lawfully in house - invited, search warrant, exigent circumstances) and you have reason to believe they live there and are home |
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Term
| Name five things that a court would say caused a reasonable person to feel detained? |
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Definition
| Obstructing exit path, holding ID or documents, ordering person to come, tone of voice, number of officers, in handcuffs or in back of squad car, hand on side arm, overhead lights on police car, physically moving person, failing to tell person they have right to leave, sidearm drawn, accusatory language, show of force, surrounding them |
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Term
| What is the number one rule in law enforcement? |
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Definition
|
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Term
| When is the 4th amendment implicated? |
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Definition
| Recognized property interest & reasonable expectation of privacy |
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Term
| What do you have to advise people of before asking consent to search? |
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Definition
| That it's voluntary and they have the right to refuse |
|
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Term
| What is the standard to determine whether consent is voluntary? |
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Definition
| Clear and convincing evidence |
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Term
| What is the scope of a search incident to arrest (non-vehicle, not phone)? |
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Definition
| Lunging distance (grab area) |
|
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Term
| What is the purpose of a search incident to arrest of non-vehicle/non-telephone? |
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Definition
| Officer safety & evidence of a crime |
|
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Term
| How did vehicle searches incident to arrest change after Gant? |
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Definition
| can only search for evidence of the crime related to the offense the person was originally stopped for |
|
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Term
| When can you conduct a search of a vehicle incident to arrest? |
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Definition
| Only if you believe the vehicle contains evidence specific to the underlying arrest |
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Term
| What determines the scope of a consent search? |
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Definition
| Manner asked permission, manner in which person giving consent responds, & limitations implicitly imposed by nature of item sought (what would reasonable person understand from the exchange for consent) |
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Term
| What decides whether a person has actual authority to consent to a search? |
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Definition
| common or joint use of access |
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Term
| What are the requirements to have the authority to deny consent over another's grant of consent? |
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Definition
| Physically present AND expressly deny consent |
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Term
| When can you search a car under the Auto Exception? |
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Definition
| Probable cause that vehicle contains evidence of illegal activity / contraband |
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Term
| Where can you search under the auto exception? |
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Definition
| Anywhere there is PC that it contains the evidence |
|
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Term
| What are the 5 principles (tenets) of Below 100? |
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Definition
Wear your belt
Wear your vest
Watch your speed
WIN - what's important now!
Complacency kills |
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Term
| CO Liquor (enforcement) is a 3 tier system. What are the 3 tiers? |
|
Definition
Manufacturer
Wholesaler
Retailer |
|
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Term
| CO is a dual licensing state; _______ & _________ licensing. |
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Definition
|
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Term
| Per 12-46-106 no person under ___ years old can sell, dispense, check IDs, or make deliveries beyond the customary parking lot of the retailer. |
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Definition
|
|
Term
| Who can give the title 'known habitual drunkard'? |
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Definition
|
|
Term
| If using compliance checks (alcohol enforcement), how old should the underage person be? |
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Definition
|
|
Term
| Name a few physical manifestations of prolonged stress? |
|
Definition
| high blood pressure, ulcers, depression, lowered immune system, heart trouble |
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|
Term
| What are the 2 types of stress? |
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Definition
|
|
Term
| The Below 100 philosophy believes that if something is predictable it is _________. |
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Definition
|
|
Term
| Examples of a critical incident include natural disasters, shootings, & death of a child. Critical incidents create unusually strong emotional reactions that ________________________________________. |
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Definition
| "have the potential to interfere with ability to function at the scene or later." |
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Term
| Fine motor skills begin to deteriorate when the heart rate is over ____. |
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Definition
|
|
Term
| What is the #1 technique to manage stress? |
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Definition
|
|
Term
| Per liquor enforcement, serving someone underage is a _____ _________ issue. |
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Definition
|
|
Term
| A 19 year old CMU student is helping with alcohol compliance checks at a local liquor store. What are 3 rules the student must follow? |
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Definition
Present own ID or No ID
Don't beg / plead for the sale
No tricks or disguises - be consistent |
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Term
| What type of action can liquor enforcement take against a business to put them on probation which could lead to a suspension or revocation of the liquor license? |
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Definition
| File administrative action |
|
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Term
| What month / year did the 'Below 100' idea emerge? |
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Definition
|
|
Term
| In 1974 there was an all time high of officer deaths. How many? (Below 100 material) |
|
Definition
Per website - 278
Per SGT Chavez in class - 279 |
|
|
Term
| When was the last time officer deaths were below 100 for the year? |
|
Definition
Per website - 1943
Per SGT Chavez in class - 1944 |
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Term
| T/F All of the 20+ Colorado classes of liquor licenses require both local and state approval because CO is a dual licensing state. |
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Definition
False
Several are state only (i.e. wholesaler's beer license, limited winery license, & importer's license) |
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Term
| How old does a person need to be to sell 3.2% beer in CO? |
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Definition
|
|
Term
| Name four forms of acceptable identification per CO liquor code. |
|
Definition
Military ID
Driver's license
State ID
Passport / Passport Card
Alien registration card |
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Term
| Licensees have the authority to confiscate fake IDs. How long do they have to turn the IDs over to Liquor Enforcement or Police/Sheriff? |
|
Definition
|
|
Term
| What supreme court decision ruled that when you pull over a vehicle you are seizing all of the occupants? |
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Definition
|
|
Term
| What is the primary reason to conduct a frisk during an investigatory detention? |
|
Definition
|
|
Term
| What are the 3 situations when a peace officer may arrest a person? |
|
Definition
Warrant
Crime committed in officer's presence
PC to believe an offense was committed by the person to be arrested |
|
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Term
| What are the 3 basic types of police-citizen encounters? |
|
Definition
Consensual Contact
Investigative Detention
Arrest |
|
|
Term
| What are the three types of evidence? |
|
Definition
Physical
Testimonial
Non-testimonial |
|
|
Term
| Give examples of physical evidence. |
|
Definition
photos
videos
documents
tangible items |
|
|
Term
|
Definition
| Sufficient relevant evidence to resolve the issue of whether the person is guilty of the crime charged |
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Term
What is the highest standard of proof?
(hint: required in a criminal case) |
|
Definition
| proof beyond a reasonable doubt |
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Term
| T/F Eye witness testimony is considered direct evidence. |
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Definition
|
|
Term
| What type of evidence is it when snow on the ground suggests that it snowed the night before. |
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Definition
|
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Term
| T/F A "substantial chain" of Evidence Custody means everyone that touched the item talks about it at trial. |
|
Definition
False
A substantial chain means any breaks in the chain are minimal and do not raise large issues about the identity or integrity of the evidence.
A 'True Chain' means everyone that touched the item talks about it at trial. |
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Term
| How long do business entities have to respond to a request for a Production of Records. |
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Definition
|
|
Term
| Name 3 grounds of issuance for property search warrants per Rule 41. |
|
Definition
Stolen or embezzled
Used in commission of a crime
property required to be seized by statute
Illegal to possess the item
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Term
| Certain types of evidence are excluded in court because they are considered Unfair Prejudice per rule 403. Name an example of Unfair Prejudice evidence that could be excluded in court. |
|
Definition
Gory photos
Crimes not charged (drugs, trafficking)
Gang affiliation |
|
|
Term
| What type of evidence is hearsay? |
|
Definition
| testimonial (spoken word) |
|
|
Term
| When does spousal privilege not apply? |
|
Definition
Class 1, 2, & 3 felonies and crimes against the spouse (DV).
(i.e. murder, aggravated robbery) |
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Term
| T/F Per CRE 301 there is no basic privilege in court to refuse to be a witness, refuse to disclose a particular matter, refuse to produce any object or writing, and prevent another from doing any of the above. |
|
Definition
|
|
Term
| There are several hearsay exceptions allowed in court. Name a few. |
|
Definition
Spontaneous present sense impression
Excited utterance
business records
statements for medical diagnosis or treatment
Admission / confession of a party opponent |
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Term
| T/F testimonial statements of witness not present in court are never allowed because the defense isn't allowed to cross examine. |
|
Definition
False
Per Crawford v. Washington if a person is unavailable but the defense was allowed a prior opportunity to cross examine the statement can be admitted. |
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Term
| In court what are a few things jurors will NOT hear that impacts character. |
|
Definition
prior felony convictions
probation / parole status
previous DUIs
previous DV charges
crimes person did but wasn't charged with |
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|
Term
| T/F Res Gestae evidence is critical to the crime. |
|
Definition
|
|
Term
| There are several exceptions to the Character Evidence rule. Name a few. |
|
Definition
show the crime wasn't performed accidentally
modus operandi (distinct crimes)
to impeach a witness with a prior felony conviction
show opportunity
prove there was a larger conspiracy
complete the picture (res gestae) |
|
|
Term
| what is the standard of proof at preliminary hearings? |
|
Definition
|
|
Term
| Name a few examples of non-testimonial evidence. |
|
Definition
| fingerprints, hair samples, saliva, trying on articles of clothing, blood / urine specimens, material under fingernails, voice samples, handwriting, etc |
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|
Term
| Pre arrest vs Post arrest: Who files a Rule 41.1 affidavit? |
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Definition
|
|
Term
| When is a Rule 16 motion used and who files it? |
|
Definition
| Post Arrest requests for evidence require a Rule 16 motion and it is filed by a Prosecutor |
|
|
Term
| How many days are allowed for a Rule 41.1 court order for non-testimonial evidence (pre arrest) to be executed and returned? |
|
Definition
|
|
Term
| What type of testimony involves scientific, technical or other specialized knowledge that assists the trier of fact in understanding evidence? |
|
Definition
|
|
Term
| In what type of hearings would LE be expected to testify? |
|
Definition
Preliminary Hearings
Motions Hearings
Trials (Jury and Court) |
|
|
Term
| What are the hours that 3.2% beer can be sold? |
|
Definition
| 5 AM - Midnight, Every day of the year |
|
|
Term
| T/F Brew Pubs and Vintners Restaurants may sell sealed containers of 'to go' alcohol. |
|
Definition
True
To go sales can ONLY be malt liquor which is manufactured by the bew pub, or vinous liquor (wine) which is manufactured by the vintner's restaurant and no other alcoholic products |
|
|
Term
| What are the allowed hours of consumption on-premises for brew pubs and vintner's restaurants? |
|
Definition
|
|
Term
| When are liquor stores and liquor licensed drug stores NOT allowed to sell liquor? |
|
Definition
Between midnight and 8 am daily
NEVER on Christmas |
|
|
Term
| T/F After a Brew Pub closes if friends of the owner hang out to drink beer it's okay because it's not business, but a personal party. |
|
Definition
False
No retail licensee shall permit the consumption of any alcohol beverages on the licensed premises when it's outside legal sales hours |
|
|
Term
| For a 'hotel restaurant license' what are the three food service requirements? |
|
Definition
Full meals until 8 PM
snacks and sandwiches after 8 PM
25% of gross income annually must be from food sales |
|
|
Term
| Under CO liquor code, food service requirements specify the sale of snacks and sandwiches after 8 PM. What qualifies as 'sandwiches'? |
|
Definition
Pizza
Burritos
Chicken Wings
Other similar items
(snacks include: pretzels, popcorn, nuts, chips, etc) |
|
|
Term
| An exception to removal of alcohol from licensed premises allows one bottle per customer of partially consumed vinous liquors (wine) to be removed after re-sealing the bottle. What is the ml capacity for these bottles of wine? |
|
Definition
|
|
Term
| Per CO Liquor code what are the three elements in the 'gambling triangle'? |
|
Definition
Risk
Gain
Chance
(removing a side eliminates illegal gambling) |
|
|
Term
| What is the level of proof required for administrative action per CO liquor code? |
|
Definition
| Preponderance of evidence |
|
|
Term
| What is the level of proof required for criminal actions per the CO Liquor Code? |
|
Definition
| Proof beyond a resonable doubt |
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|
Term
| T/F Per CO Liquor Code, an administrative action cannot be filed along with a criminal action for a liquor violation because it violates the double jeopardy rule. |
|
Definition
|
|
Term
| T/F If an alcoholic beverage is poured out before the officer can confiscate it, the officer does not need to hold the bottle as prima facie evidence. |
|
Definition
False
It shall be held as prima facie evidence [12-47-906(4)] |
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