OPOTA Refresher Test Questions and Answers Already Passed

OPOTA Refresher Test Questions and Answers Already Passed Where is the area an Officer may search, incident to a lawful arrest of a person? ✔✔The area with in the persons immediate control at the arrest location. Why ...

OPOTA Refresher Test Questions and Answers Already Passed Where is the area an Officer may search, incident to a lawful arrest of a person? ✔✔The area with in the persons immediate control at the arrest location. Why identify the most crucial component of the officer initiated contact is the assessment? ✔✔Without assessment officers cant choose a plan, if re assessing the threat level for factors that may appear to change and necessitate adjustment, constantly assessing. How to preserve a digital dumb phone ✔✔Power off Remove battery Place in evidence bag Document chain of custody on the bag If it's a smart device or android if it's off leave off If its on and needs a password ask for one Place in airplane mode Power off if airplane mode is unavailable Place in evidence bag and document chain of custody. What is the difference between critical stress incident and cumulative stress ✔✔Critical Stress-is any event which has a stressful impact sufficient enough to overwhelm the usually effective coping skills. Cumulative stress- arousal that slowly builds up over time, which may lead to the erosion of coping mechanisms or to a state of mental exhaustion. 5 Police culture to save Officers Below 100 ✔✔Wear seat belt Wear vest Watch speed WIN WHAT'S IMPORTANT NOW Complacency kills. Explain the steps in the decision making model and the application of plus. ✔✔Define the problem Identify alternative solutions available to address the problem Evaluate the identified alternatives Make a decision Implement the decision Evaluate the decision. P- Policy L- Legal U-Universal S-Self When can an officer use deadly force to achieve seizure according to the fourth amendment. ✔✔To protect themselves or others from immediate threats or serious physical injury, To prevent the escape of the fleeing "dangerous" suspect. What is the difference between active and passive resistance? ✔✔Active resistance-is when a person exhibits resistive movement to avoid physical control or as a passive resister presents a credible threat to an officer (lying on hands and not responding to commands to make hands visible.) Passive resistance- is when a person exhibits no resistive movement in response to verbal and other direction. What are the factors used in judging reasonable force ✔✔Severity of the crime suspected, whether the suspect is an immediate threat to the safety of officers or others, is the suspect actively resisting, and is she/he attempting to evade arrest by flight. When can an officer conduct a protective search of a motor vehicle? ✔✔The officer must articulate a reasonable suspicion that the vehicle contains some type of weapon and the suspect or another person reasonably has access, or will have access to the weapon. When can an officer search a motor vehicle an the containers within it? ✔✔Whenever probable cause exists to believe contraband or evidence is contained in the vehicle or its containers, the court concluded that officers who establish probable cause to believe contraband is hidden in a motor vehicle may search the vehicle without a search warrant. Thee rationale for the motor vehicle exception to the search warrant requirements is based on the fact that a vehicle could easily be moved from the jurisdiction in which the warrant was to be obtained. What determines when a person is considered to be seized? ✔✔He/she feels that they are not free to leave, USSC says the threatening presence of several police officers, physical touching of the person, display of weapon by the officer, the use of language or tone of voice by officers. Describe when probable cause exist to perform an arrest or search ✔✔The facts and circumstances within the officers knowledge and which he or she has reasonably trustworthy information sufficient to warrant a person to believe that an offense has been or is being committed by the persons arrested, The elements required to establish probable cause to arrest are different from those required to establish probable cause to search, Probable cause to arrest deals with acts previously committed by the suspect and the officer must show substantial and trustworthy evidence that the law has been violated and the person about to be arrested committed that unlawful act, probable cause to search deals with the probability that evidence or contraband is presently located in a specific place. When can an officer use the rationale from Terry to detain a person ✔✔An officer may detain a person based upon the officers reasonable articulate suspicion that criminal activity was being planned or was in the process of being executed, this does not authorize police to detain anyone under mere suspicion, the officer must be able to articulate the reason for his or her belief that criminal activity was being planned or was in the process of being executed,An officer may give weight to his or her experience and to the reasonable inference that he she is entitled to draw from the facts, in light of that experience, Officers should apply the totality of circumstances, while none of the circumstances alone would justify a Terry stop considered together they may amount to reasonable suspicion, if during the detention additional facts are uncovered that supply the officer with probably cause to arrest the individual may be arrested, if grounds for arrest are not discovered in a reasonable amount of time, the detainee must be released. What requirements must be established before terry/Pat down frisk. ✔✔Officers are required to articulate a reasonable belief that the suspect is armed and the suspect poses a threat to them. When can an officer justify a warrant less, non consensual entry into a private dwelling in order to make an arrest ✔✔Exigent circumstances must exist which demand an immediate response, the crime is serious and it is likely the suspect is armed, it is likely the suspect will escape. When can an arrest warrant be executed in the home of a third party? ✔✔There is also a warrant to search the premises, for the reason to be arrested, the officer has consent to enter, there are exigent circumstances. Whats hot fresh pursuit? ✔✔The pursuit without unreasonable interruption of a person who is trying to avoid arrest. Name the types of searches ✔✔Full search-based on probable cause the requirements an officer mush show to establish probable cause to search are the items involved are associated with criminal activity as either evidence or criminal activity or contraband and is more likely than not the items will be found in the place the officer wishes to search, full searched require a search warrant or a recognized exception to the warrant requirement. Limited weapon searches, frisks and protective sweeps, used to disarm a person to protect officers, authority based on reasonable suspicion that a person lawfully detained is armed and dangerous. Inventory not necessary a search under the fourth amendment standards, used to catalogue property that police have taken into custody, authority comes from the need to adhere to department policy to protect the property and agency from claims of lost, stolen or damaged property. Case Law ✔✔The law found in the collection of reported cases that form all of part of the body of law within a given jurisdiction. Exclusionary Rule ✔✔Evidence improperly obtained by Police will be excluded from criminal trial. Crime ✔✔Omission done in violation of the law. Venue ✔✔Particular county or geographical area in which a court with jurisdiction may hear or determine a case and in the territory of which the offense or any element of the offense was committed. Statutory Law ✔✔An act of admission in violation of the law. Plakas V. Drinski (1994) ✔✔No requirements for Officers to use all feasible alternatives to avoid a situation where deadly force can justifiably be used.