Legal Analysis: Fourth Amendment & Reasonable Suspicion in Terry Stops & Searches, Exams of Criminology

Download Legal Analysis: Fourth Amendment & Reasonable Suspicion in Terry Stops & Searches and more Exams Criminology in PDF only on Docsity! 1 OPOTA Exam Prep Questions and Answers 2024 Student Performance Objective (SPO): 1-1 - Answer A. Explains the relationship between a Student Performance Objective and a test question B. Explains the ultimate reason for law enforcement training The Ultimate Reason for Law Enforcement Training 1-1 - Answer A. To be able to protect life and property of yourself and the public. A Peace Officers Main Goals 1-2 - Answer A. Enforce laws B. Preserve peace C. Prevent Crimes D. Protect Civil Rights and liberties E. provide Services Considerations when exercising discretion - Answer A. Use sound judgement to determine which laws are to be formally enforced. B. Determine if there is a more constructive remedy to a situation without an arrest or citation. Prevention Patrol: Deter crime Interrupt a crime in progress Position the officers to respond to emergency situations Increase of feeling of security to citizens. Incident Response: Officers respond to minor situations Typical dispositions include: Gathering information Directing parties to community resources Restore order Complete reports Emergency Response: Takes precedence over all other calls Less common than routine incident calls Includes incidents. Criminal Investigation: Process of discovering, collecting, preparing, identifying and presenting evidence to determine what happened and who is responsible. Investigations carried out by detectives Responding officer secures and protects the scene Detective should be able to pick up where the responding officer left off. Factors Necessary for the commission of a Crime - Answer A. Desire (Most difficult to change) The motivation behind the criminal behavior. B. Victim the potential target criminals prefer an easy target that is unaware of his/her surroundings or lacking proper security precautions. C. Opportunity (easiest to change) Removing opportunity for crime with proper security measures applied to the victim's environment D.O.V. Crime Prevention is About: A. Attitude B. Modifying Behavior 4 "D's" of Crime Prevention: Deny Delay Detect Deter 2 Core Concept of Community Policing - Answer A. A partnership between the police and the community B. Crime prevention C. Organizational change of the agency D. A problem solving approach to the police role that is proactive "SARA" Model: A. Scanning B. Analysis C. Response D. Assessment Considerations for Off Duty Situations - Answer A. Behavior, a. An officer's behavior is often scrutinized by the community even when not on duty b, not only does this refer to physical and verbal actions, but also online activity on social media. c. An officer is expected to uphold the law enforcement code of ethics. B. Situational Awareness, a. An officer should make every effort to remain alert even when not working. b. You never know when you may need to transition quickly from private citizen to a peace officer. c. Make certain to pre-plan with your family should a situation arise while together. d. Create a number of scenarios for your family to practice. e. Familiarize yourself with your agency's off duty weapon policy. C. Be a good witness, a. If a situation arises when police intervention is necessary. Purpose of the Bill Of Rights - Answer A. To protect an individual's freedoms B. To prevent the government from interfering in protected rights Major Components of Criminal Justice System - Answer A. Law Enforcement (e.g. Police Officer, Deputy Sheriff) a. Keep the peace b. Apprehend violators c. Prevent crime d. Provide social services B. Courts a. Hold fair and impartial trials b. Determine guilt or innocence. c. Impose sentences on the guilty. d. Key personnel include judges, prosecutors, and defense attorneys. C. Corrections - Responsible for supervising offenders a. Prisons/County jails. b. Parole. c. Probation d. Halfway houses e. Work release programs. Goals of Sentencing - Answer A. To punish the offender and in many cases, rehabilitate the offender. B. Protect society. C. Restore the victim as much as possible. The concept of lawful actions and police legitimacy - Answer A. Lawful: Defined by laws and standards B. Criminal Law: Identify what actions are prohibited C. Rules of agency (Administrative rules, general orders, standard operating procedures) D. Constitutional law (4th, 5th and 6th) E. Police Legitimacy: Exists when the public views the Police as authorized to exercise power in order to maintain social order, manage conflicts and solve problems in the community OPOTA 2022-2023 Latest Exam b. Implicit Biases are largely hidden from us, but their effects are pervasive and powerful, and understanding implicit biases is important because they have the potential to impact your interactions and efforts to effectively use procedural justice tactics to promote Police legitimacy. Two Modes of Thinking - Answer System 1 (Automatic thinking) System 2 (deliberate thinking) A. Practical Purpose a. Simplifies tasks (e.g. driving, tying shoes) which most can do without having to systematically and deliberately think about each step B. Protection Mechanism a. We evaluate everything we see and everyone we meet with 200 milliseconds to determine if something is threatening or not. Strategies to counter Implicit Biases - Answer A. Guarding against its influences in decision making a. Recognize that everyone has biases and think critically about your own potential biases b. Seek greater awareness and more education to increase motivation to be fair c. Know when you are susceptible c1.Conditions: c2. Ambiguous or incomplete information c3. Time constraints c3a. Comprised cognitive control High cognitive overload (processing many thoughts at one time) c3b. Fatigue (tired) B. Result a. When the previous factors are present which they often are in the law enforcement profession, we are more apt to switch to system 1 thinking C. Response a. Engage deliberative processing; slow down your thinking. D. Overcome biases a. Reorganize your stereotypes and reflecting on why the response occurred and creates a process to consider how to avoid the biased response and replace it with an unbiased one Counter Stereotypic Imaging Develop new associations by looking at positive examples that challenge negative associations Obtain specific information about others by intentionally engaging in a meaningful way with others who are different from you, rather than relying on stereotypical references Be empathetic Effort Required Intention, attention and time are needed to build new associations well enough for them to compete with a person implicit biases. Two Pronged Approach to Procedural Justice. - Answer A. Person Based Approach Emphasizing the importance of face to face interactions between an officer and a citizen B. Community Based Model Ultimate goal is to achieve Police legitimacy throughout the entire society The Community Bank Account Concept as it relates to Procedural Justice - Answer A. Every encounter is an ethical deposit or withdrawal (an opportunity increase or decrease of public perception of Police legitimacy) OPOTA 2022-2023 Latest Exam B. Deposits Police must build up reserves of public trust through actions that reflect courtesy, kindness and honesty. C. Withdrawals a. Occur from the community bank account when Police actions reflect overreaction, discourteousness, or disrespectful behavior or when the Police ignore people or betray their trust. i. If a large reserve of trust is not sustained by continual deposits, the community Police relationship will deteriorate. ii. Significant decrease in public approval of the Police after major publicized incidents of misconduct iii. Studies show that even simple, brief encounters can be used to build Police legitimacy when 1. Processes are explained 2. Words are used that communicate respect. D. For a person holding negative attitudes toward the Police, a single positive encounter may not be sufficient to shake pre-existing views, but a sustained exposure to positive interactions can start to reshape them. The Four Core Principles/ Pillars of Procedural Justice - Answer A. Giving others a voice (i.e. listening) B. Neutrality in decision making C. Respectful treatment D. Trustworthiness A. Voice a. People want an opportunity to explain their situation or tell their side of the story to the officer. b. In practice i. The opportunity for the citizen to make arguments and preserve evidence should occur before you make a decision about how you are going to resolve the conflict. 1. Active listening during this phase makes people feel that they are part of the process and have input, even if it does not impact your decision. B. Neutrality a. concept i. People react positively to evidence that the authorities with whom they are dealing are neutral. 1. Components a. Consistency in decision making for all persons every time b. Decisions are reasoned, objective and factually driven c. Respect for the rules and legal principles d. Transparency and openness about the rules and procedures used to make the decisions facilitates perception of neutrality. 2. In practice a. First secure the situation; Then explain your reason for being there i. When Providing the explanation: 1. Tell the truth 2. Use simple language 3. Be complete in our explanation ii. Check your decision making for effects of implicit biases iii. Right wrongs (when you're wrong, admit it, apologize for it, and work to correct it) do not let pride get in the way of doing the right thing. C. Respectful Treatment. a. Respect is an active process of non-judgmentally engaging people from all backgrounds. b. It is different than tolerance, which is neither positive or negative and requires minimal effort. c. It is practiced to increase our awareness and effectiveness i. Concept 1. People are sensitive to whether they're treated with dignity and politeness and whether their rights are being respected; They will react very negatively to dismissive or demanding interpersonal treatment. ii. In Practice 1. Treat others with respect, equality and dignity 2. Make direct eye contact 3. Address them appropriately 4. Give them your individual attention 5. Be sensitive to cultural differences 6. Do not use inflammatory words or phrases 7. Thank them for their cooperation 8. Show sensitivity to the importance that others place on an issue 9. Show concern for and acquire about their health and well being 10. Be empathetic to their situation 11. Use the golden rule. D. Trustworthiness a. Concept i. People react favorably when they believe that officers are sincerely trying to act on behalf of the best interest of the citizens with whom they interact a. In practice i. Conveyed through the other three pillars ii. Taking their needs and concerns into account iii. Explaining your actions and decisions iv. Using the golden rule 1. Tips for building relationships of trust: a. Strive to understand the communities in which you work b. If you are in a community that largely speaks another language, make an effort to learn key words and phrases c. Be professional but approachable d. Say hello e. Stop in neighborhood establishments and meet the owners and people who work there f. Do not stay constantly engaged in conversations with your partner to the extent that residents feel uncomfortable approaching you g. When in a patrol car and approaching someone, proceed slowly and with the windows open a little h. Encourage community participation. i. Make a conscious effort to respond to the concerns of all residents; If you're not able to immediately able to address a concern, collect the citizens information and follow up in a timely manner. j. Do not become argumentative if a citizen has a complaint or concern no matter the reasonableness of the complaint or concern; Instead, refer the citizen to your agency complaint process and/or bring the issue to your supervisor's attention. Generally Accepted Ethical Responsibilities of Peace Officers - Answer A. Are found in professional codes of ethics and professional codes of conduct B. Are owed to: a. Your community and its citizens b. The law enforcement profession c. Your agency d. Your family e. Yourself C. Includes acting with integrity and treating everyone professionally OPOTA 2022-2023 Latest Exam OPOTA 2022-2023 Latest Exam a. A person acts Knowingly, regardless of purpose, when the person is aware that the person's conduct will probably cause a certain result or will probably be of a certain nature (did the act without the intent) C. Recklessly a. A person acts Recklessly when, with heedless indifference to the consequences, the person disregards a substantial and unjustifiable risk that the person's conduct is likely to be of a certain nature D. Negligently a. A person acts Negligently when, because of a substantial lapse of due care, the person first to perceive or avoid a risk that a person's conduct may cause a certain result or may be of a certain nature. Attempt to commit an Offense - Answer A. It is a crime to.... a. Purposely or knowingly, when such a purpose or knowledge is sufficient culpability for the commission of an offense, to.... b. Engage in conduct that, if successful, would constitute or result in the offense Aggravated Murder R.C. 2903.01(A) - Answer No person shall...PURPOSELY... Cause the death of another or the unlawful termination of another pregnancy... With prior calculation and design. Aggravated Murder R.C. 2903.01 (B) - Answer No person shall...Cause the death of another or the unlawful termination of another's pregnancy While committing or attempting to commit, or while fleeing immediately after committing or attempting to commit one of the following violent felonies (*): Burglary - Burglary or aggravated burglary Arson - Arson or aggravated arson Rape Robbery - Robbery or aggravated robbery Kidnapping Escape Trespass in a habitation when a person is present or likely to be present Terrorism (*Remember as "BARRKETT") Aggravated Murder R.C. 2903.01 (C) - Answer No person shall... PURPOSELY.... Cause the death of another who is under thirteen years of age at the time of the commission of the offense Aggravated Murder R.C. 2903.01 (D) - Answer No person [*who is under detention as a result of a felony conviction or who breaks that detention] shall... PURPOSELY Cause the death of another (*See above) Aggravated Murder 2903.01 (E) - Answer No person shall... PURPOSELY.... Cause the death of a law enforcement officer whom the offender knows or has reasonable cause to know is a LE officer When... · Victim was engaged in LE duties OR · Specific purpose was to kill a LE officer OPOTA 2022-2023 Latest Exam Murder 2903.02 (A) - Answer No person shall... KNOWINGLY... Cause the death of another or the unlawful termination of another's pregnancy When... · Under the influence of sudden passion or sudden fit of rage ... · Brought on by the serious provocation by the victim ... · Reasonably sufficient to incite the person into using deadly force Voluntary Manslaughter R.C. 209.03 (A) - Answer No person shall... KNOWINGLY... Cause the death of another or the unlawful termination of another's pregnancy When... · Under the influence of sudden passion or sudden fit of rage ... · Brought on by the serious provocation by the victim ... · Reasonably sufficient to incite the person into using deadly force Murder R.C. 2903.02 (A) - Answer No person shall... PURPOSELY... Cause the death of another or the unlawful termination of another's pregnancy Voluntary Manslaughter R.C. 2903.03 (B) - Answer No person shall... KNOWINGLY... Cause the death of another or the unlawful termination of another's pregnancy When... · Under the influence of sudden passion or sudden fit of rage ... · Brought on by the serious provocation by the victim ... · Reasonably sufficient to incite the person into using deadly force And · Done with sexual motivation Involuntary Manslaughter R.C. 2903.04 (A) - Answer No person shall... (Intent satisfied if state proves intent to commit underlying felony) Cause the death of another or the unlawful termination of another's pregnancy As a proximate result of committing or attempting to commit a felony. Involuntary Manslaughter R.C. 2903.04 (B) - Answer No person shall... (Intent satisfied if state proves intent to commit underlying misdemeanor or minor misdemeanor) Cause the death of another or the unlawful termination of another's pregnancy As a proximate result of committing or attempting to commit a misdemeanor of any degree, regulatory offense, or a minor misdemeanor (not traffic MM) Objective Evidence that the Crime was Motivated by Hate or Bias: - Answer 1. The offender and victim were of a different race, religion, disability, sexual orientation, ethnicity, gender, and/or gender identity 2. Bias-related oral comments, written statements or gestures were made by the offender indicating his/her bias 3. The presence of visible symbols of hatred and/or bias 4. The victim is a member of a spiritual group that is overwhelmingly outnumbered by other residents in the neighborhood where the victim lives, and the incident took place 5. The victim was visiting a neighborhood where previous hate crimes had been committed and where tensions remained high against the victim's group 6. Several incidents occurred in the same locality, at or about the same time, and involved victims of similar demographics (e.g., race, gender identity) 7. A substantial portion of the community where the crime occurred perceived that the incident was motivated by race 8. The victim was engaged in activities related to his or her race, religion, disability, sexual orientation, ethnicity, gender, or gender identity at the time of the offense; Or, if not a member of that group, was a member of an advocacy group supporting the target group 9. The incident coincided with a holiday or date of significance relating to a group (e.g., MLK day, Rosh Hashanah, Ramadan) 10. The offender was previously involved in a hate crime or is a hate group member 11. A hate group claimed responsibility for the crime or is active in the neighborhood List the Elements of the Following Selected Offenses of R.C. Chapter 4301: - Answer 1. See corresponding worksheets in binder List the Elements of R.C.4507.30 - Prohibitions: - Answer Deadly Weapon - Answer 1. Any instrument, device, or thing capable of inflicting death, and designed or specifically adapted for use as a weapon, or possessed, carried, or used as a weapon a. Two elements must co-exist to constitute a deadly weapon i. It must be an instrument, device, or thing by which there is an inherent possibility that in can cause death, AND ii. It must be designed or adapted for use as a weapon or be possessed, carried, or used as a weapon iii. Both elements are essential b. "B-B"/airsoft gun may be a deadly weapon if capable of inflicting death, as a bludgeon, or perhaps used in some other manner. This capability, however, is a factual issue to be determined by the trier of fact (i.e., judge or jury) 2. An item is not generally thought of as being a weapon may satisfy the definition of deadly weapon if it is of sufficient size and weight and of such shape and design to inflict death upon a person and either designed for use as a weapon or possessed, carried, or used as a weapon Firearm - Answer 1. Any deadly weapon capable of expelling or propelling one or more projectiles by the action of an explosive or combustible propellant 2. Includes an unloaded firearm and any firearm that is inoperable but can be readily rendered operable 3. Before a defendant can be convicted of a firearm offense, evidence must be presented regarding the operability of the firearm at the time the offense was committed OPOTA 2022-2023 Latest Exam OPOTA 2022-2023 Latest Exam C. An officer may give weight to his/her experience, and to the reasonable inference that he/she is entitled to draw from the circumstances, and facts in light of that experience Personal Notes 3 Categories of Informants a. Citizens b. Confidential/reliable informants c. Anonymous informants ORC 2921.29 - a. Failure to Disclose Failure to provide an I.D. to a law enforcement officer (Name, Address, DOB) Considerations Officers should be Mindful of when Making a Terry Stop: - Answer A. Use the least intrusive means of detention and investigation reasonably available that will achieve the goal B. Conduct the business of the stop as quickly as possible as to not prolong the period of involuntary detention C. If during that detention, additional facts are uncovered that supply the officer with probable cause to arrest, the individual may be arrested D. If grounds for an arrest are not discovered in a reasonable amount of time, the detainee must be released or the encounter risks becoming a "De Facto" arrest The Requirements which must be Established before a Terry Pat Down/Frisk: - Answer A. Officers are required to articulate a reasonable belief that the suspect is armed AND the suspect poses a threat to them B. Limited to the outer clothing only Plain Feel Doctrine - Answer A. While an officer may not search for objects other than weapons on a Terry stop, if an officer physically feels an object that the officer immediately recognizes as contraband, the object may be seized even if the officers know it is not a weapon B. This only applies when the identity of the object is immediately apparent to the officer from its shape and the way it feels C. When the incriminating nature of the object is immediately apparent, seizing it does not invade the subjects privacy beyond what is allowed in a Terry frisk Personal Notes: 4 Elements to an Arrest The intent to arrest The authority to arrest Seizure and/or detention Understanding: Does the person understand why they are being arrested? The Evidentiary Standard on which to Base an Arrest: - Answer A. An arrest must be based on Probable cause a. Teacher Diagram i. Proof>Probable Cause 1. Articulable Facts=Reasonable Prudent Person Believes a. A Crime has occurred b. Someone about to be arrested for that crime The Elements of Probable Cause to Arrest are Satisfied When: - Answer A. The officer is aware of articulable facts and circumstances sufficient to warrant a OPOTA 2022-2023 Latest Exam reasonable person to believe that a crime has been committed, and the person is about to be arrested, committed that unlawful act Personal Notes Affidavit - A written statement confirmed by oath or affirmation, for use as evidence in court. Needed for a Warrant A. Nature of offense (objective and factual) B. Description (physical) C. ORC # and definition D. Copy of complaint (Affidavit) E. Persons information/descriptors F. Date and Time Only 48 hours to charge someone Sources of Information to Establish Probable Cause to Make a Warrantless Arrest: - Answer A. Personal observations B. Informant's tips C. Reports from other officers or law enforcement agencies D. Leads furnished by the victim or witness of the crime E. Physical evidence found at the scene F. Past criminal record of suspect G. Statements made by a suspect In the Absence of Consent or Exigent Circumstances, Before Entering a Private Residence to make an Arrest, Officers Must....: - Answer A. Personal observations B. Informant's tips C. Reports from other officers or law enforcement agencies D. Leads furnished by the victim or witness of the crime E. Physical evidence found at the scene F. Past criminal record of suspect G. Statements made by a suspect In the Absence of Consent or Exigent Circumstances, Before Entering a Private Residence to make an Arrest, Officers Must....: - Answer A. Secure the appropriate warrant or warrants, including: Arrest warrant(s), and ..............................If making an arrest in the home of a third party, A search warrant to secure the premises for the person to be arrested B. Reasonably believe that the person to be arrested is present at the correct address listed on the warrant and C. Knock and announce their presence To Justify a Warrantless, Non-Consensual Entry into a Private Residence in order to make an Arrest...: - Answer A. Exigent circumstances must exist which demand an immediate response B. Considerations and examples of exigent circumstances a. The time of day of the offense and/or arrest OPOTA 2022-2023 Latest Exam b. The gravity of the underlying offense thought to be in progress (i.e. crime must be serious) c. There is a risk of danger to the police or to other persons inside or outside the dwelling (e.g. the subject is armed) d. The need to prevent a subjects escape e. The need to prevent the imminent destruction of evidence f. "Hot Pursuit" of subjects Hot/Fresh Pursuit - Answer The pursuit, without unreasonable interruption of a person who is trying to avoid arrest The Basis to Legally Seize Evidence - Answer A. Must be based on probable cause B. Probable cause to seize exists if a reasonably prudent person would conclude that the object in question is associated with criminal activity Types of Searches - Answer A. Full Searches a. Conducted to gather criminal evidence b. Must be based on probable cause c. Requires either a search warrant or a recognized exception to the warrant requirement in order to execute B. Sweeps a. Used to disarm the person to protect the officer b. Authority based on reasonable suspicion that a person lawfully detained is armed and dangerous C. Inventories a. An inventory is not necessarily a search under the Fourth Amendment standards b. It is used to catalog property that police have taken into custody c. The grounds to conduct an inventory comes from the need to adhere to department policy, to secure property and to protect the agency from claims of lost, stolen or damaged property Probable Cause to Search - Answer A. Facts sufficient to justify a person of reasonable caution to believe that a crime has been or is being committed and that specific objects associated with the crime exists, and they will be found in the place to be searched. Criteria to Establish the Plain View Exception to the Search Warrant Requirement: - Answer A. The officers must be legally on the premises from where the observation was made and.... B. The incriminating nature of the item must be immediately apparent (i.e. Equates to Probable Cause) and..... C. The officers must have a lawful right of access to the object Curtilage and Open Fields - Answer A. Curtilage refers to the area immediately surrounding the home, which is usually used for domestic purposes (e.g. garage, yard) B. Curtilage carries the same Fourth Amendment protections as the home C. Any other land is considered open field D. Open Fields carry NO Fourth Amendment protections OPOTA 2022-2023 Latest Exam a. Plaintiff complained that the handcuffs were too tight b. The officer ignored those complaints c. The plaintiff experienced some physical injury resulting from the handcuffing When Using Chemical Weapons May Be Considered Unreasonable Force: - Answer 1. Using chemical weapons on an arrestee who has already been subdued and who poses no threat is excessive force (i.e., it is not reasonable to use a chemical weapon on someone after they have quit resisting) 2. Whenever you use a chemical weapon on someone who is already handcuffed, especially in a cruiser, the court is going to take a very hard look at the use of that chemical weapon 3. There are circumstances when using a chemical weapon on someone handcuffed or secured in a vehicle might ne reasonable and justifiable, but you will have to articulate that the person's conduct posed a danger to himself/herself, you, or the public, given the fact the person was in restraints Using Electrical Weapons: - Answer 1. It is unreasonable to use an electrical weapon on a non-resisting or passively resisting suspect 2. In cases where the court has concluded that an officer's use of force was justifiable because it was in response to active resistance, some outward manifestation, either verbal or physical, on the part of the suspect had suggested deliberate choice to be defiant 3. In the excessive force context, noncompliance alone does not indicate active resistance; there must be something more 4. When an officer employs an electrical weapon on a suspect who is actively resisting, such action does not constitute unreasonable force Civil Liability Considerations Associated with Using Force Against Those With Diminished Capacity/Mental Illness: - Answer 1. Federal courts have ruled that diminished capacity of an unarmed suspect must be considered when assessing the reasonableness of the amount of force exerted 2. Different tactics should be employed against unarmed, emotionally distraught individual who is resisting arrest or creating a disturbance than would be used against an armed and dangerous criminal who has recently committed a serious offense Necessary Steps in Preparing for Court: - Answer 1. Ensure all evidence required for the case is accounted for, safely secured, and can be obtained prior to court 2. Contact the prosecutor to determine if additional assistance or information is needed 3. Review notes and/or reports pertinent to the case General Rules for Effective Courtroom Testimony - Answer 1. Be early 2. Be professional 3. Wear your uniform or business attire 4. Speak loudly, clearly, and with confidence 5. Give concise, clear, and complete answers 6. Avoid talking with potential or actual jurors OPOTA 2022-2023 Latest Exam Ways to Counter Common Defense Attorney Tactics: - Answer 1. Tactic - asking if the officer has spoken with other parties involved with the case (e.g., other attorneys, investigators, witnesses) a. Used to make officers think that if they have done so, they have done something wrong 2. Counter tactic - answer truthfully a. Officers are permitted to talk to these people b. Officer, however, can't tell them what to say 3. Tactic - rapid fire questioning a. Used to confuse the officer and force inconsistent answers 4. Counter tactic - slow the pace by pausing before answering a. Remain calm b. This will prohibit the attorney from building momentum c. Ask to have the question repeated if unsure how or what to answer 5. Tactic - repeated questioning a. Used in an attempt to obtain conflicting responses 6. Counter tactics a. Tell the truth b. Know the facts of the case and the material upon which you will be testifying 7. Tactic - verbal badgering and staring a. Used to anger the officer so the officer loses composure 8. Counter tactics a. Remain calm b. Look at the person who is asking the question, then answer the question to the jury or judge 9. Tactic - asking two questions at the same time a. Used in an attempt to confuse the officer 10. Counter tactics a. Remain calm b. Ask the attorney which question should be answered first 11. Tactic - friendly counsel a. Used in an attempt to place the officer in a false level of comfort 12. Counter tactics a. Stay alert and listen b. Be aware the purpose of the friendly demeanor may be to lull the officer into a false sense of security so the officer becomes sloppy with the testimony 13. Tactic - misquoting the officer's testimony a. Used to confuse the officer or get different information before the jury 14. Counter tactics a. Listen carefully to the questions asked by the attorney b. If the attorney paraphrases the officer's testimony differently than how it was presented, correct the error (i.e., don't be afraid to tell the defense attorney that he/she is wrong) c. If the attorney uses the officer's testimony in a follow up question incorrectly, make the correction 15. Counter tactics a. However, be careful not to repeatedly ask to clarify answers (unless correcting the defense). Answering simply and honestly should prevent from having to do so 16. Tactic - the "CSI effect" a. Used in an attempt to show that the officer did not use the most scientifically advanced techniques in the investigation 17. Counter tactics a. Remain calm b. Answer only the question that has been presented to you and do not editorialize about the science involved in police work. If anything needs clarification or further explanation, the prosecution can address it through additional questioning Traditional and Non-traditional Media: - Answer 1. Traditional media - sources include television, radio, and print sources and the social media and internet accounts they maintain 2. Non-traditional media - sources include individuals or groups, operating outside of the traditional media outlets, who regularly post information on websites and social media platforms, as well as "citizen journalists" who randomly and opportunistically capture events that have the potential to go viral Similarities and Differences between Traditional and Non-traditional Media: - Answer 1. Similarities a. Both afforded the same First Amendment protections b. Both entitled to the same physical access to the scene of an incident as each other and any private citizen c. Both want access to information, un a user-friendly form, with audio and visuals, and they want it in a timely fashion d. Both are entitled to the same access to information as each other and any private citizen 2. Differences a. Non-traditional media's primary objective is often sensationalism, whereas one of traditional media's primary objectives is accuracy b. Non-traditional media is often advocacy focused, whereas traditional media is objective focused c. Non-traditional media is not held to a professional standard, whereas traditional media is held to the professional standards of journalism d. Non-traditional media is less interested in relationship building with law enforcement because non-traditional media reporting is event driven, whereas traditional media, which regularly interacts with law enforcement on a variety of news events, is interested in developing good rapport with law enforcement Reasons for Establishing Effective Communications with the Media: - Answer 1. You and the media each have a job to do and each can benefit from the cooperative nature of the other 2. For the media, information from law enforcement is necessary for them to develop and produce accurate news stories 3. For the law enforcement agency, media coverage influences public perception 4. Media provides a quick way to reach large audiences a. Agencies need a method of distributing information to the public about developing situations and threats and requesting assistance with investigations, and media can fill that role Guidelines an Officer Should Follow When Interacting with the Media: - Answer 1. In general... OPOTA 2022-2023 Latest Exam OPOTA 2022-2023 Latest Exam b. Broader in the scope than a TPO because It can be in effect up to five years and it can include other provisions (e.g., child support, custody) c. A person may initially file for a TPO and then petition for a CPO. If this is the case, know that once the CPO is issued, the TPO becomes invalid d. For a peace officer, this is important because if both orders are on file, the officer will need to charge with a violation of the CPO e. There are two levels to the CPO (i.e., Ex parte and Final) and the specific terms of either order are enforceable once the suspect is aware of that order. If the officer enforces the order by arresting the suspect for violation of the order, the prosecutor will need to show that the CPO had been formally "served" upon the suspect before the violation f. It is essential that the peace officer documents information showing why he/she believed that the protection order was valid and that the offender knew of the existence of the order g. All law enforcement agencies must maintain an index of protection orders within their jurisdiction h. If the officer is unable to independently verify, the protection order is still enforceable if it is valid on its face, and the officer may be immune from liability resulting in enforcing it 4. Stalking Protection Orders - Stalking or Sexually Oriented Offense Protection Order (SSOOPO) a. Protects the victim of stalking and sexually oriented offenses from a non-family or non- household member b. Issued through the common pleas court c. Available for victims whether or not criminal charges are filed d. It has the same two levels (i.e., Ex parte and Final) as the CPO Characteristics of a Crisis State: - Answer 1. An episode of mental and/or emotional upheaval or distress that creates instability or danger, and causes behavior that is considered disruptive by the community, by friends or family members of the person, and/or by the person 2. The elements of disruption and danger are why, in these situations, many people call law enforcement rather than emergency medical services or mental health agencies 3. Often there is a precipitation event that triggers the crisis a. Examples i. An emotional event (e.g., the death of a loved one, an act of violence, divorce, job loss) ii. Medical event (e.g., a reaction to medication, a reaction caused by a failure to take a medication) b. The person's perception to the event may be accurate, erroneous, or somewhere in between c. Regardless of the accuracy of their perception, the person's normal methods of coping and solving problems fail, resulting in a breakdown in control, an inability to respond appropriately, a feeling of being "overwhelmed" Causes of Compromised Coping Capacity: - Answer 1. Brain chemistry 2. Deterioration of the brain 3. Developmental disabilities 4. Damage to the brain through blunt force OPOTA 2022-2023 Latest Exam 5. Damage to the brain through severe stress and trauma 6. Unbearable stress that causes suicidal thinking or actions 7. Substance abuse Factors that Coupled with Mental Illness Produce the Greatest Increase in the Potential for Violence: - Answer 1. History of violence 2. Substance abuse and dependence 3. Personality disorders (e.g., antisocial disorder, conduct disorder) 4. Psychotic thoughts (e.g., paranoid delusions, command hallucinations) 5. Young male 6. Under social stress (e.g., poor, homeless) 7. Recent personal stress, crisis, or loss (e.g., unemployment, divorce, separation, victim of crime in the past year) 8. Early exposure to violence (e.g., family fights, physical or sexual abuse, parent with criminal record) Difference between Traditional Encounters and Special Populations Encounters: - Answer 1 ................... is the increased need to be non-confrontational 2. Special populations encounters frequently benefit from a change in response to one in which de-escalation is the foundation Eight Techniques of Active Listening: - Answer 1. Emotional labeling (i.e., identifying the other person's emotions) a. Provides the opportunity for the other person to acknowledge his/her emotions and possibly explain their cause b. Validates what the other person is saying rather than minimizing it c. Once the emotions have been acknowledged, there is a better opportunity for the person's balance between emotion and cognition to be restored and facts to be developed 2. Reflecting/mirroring (i.e., repeating the last few words or gist of the person in crisis) a. Helps validate for the other person that you are listening and understanding b. May encourage the other person to continue speaking c. Much shorter format than paraphrasing 3. Paraphrasing (i.e., restating in your own words the crux of the other person's message) a. Demonstrates listening and understanding b. Gives the other person the opening to clarify or correct his/her meaning 4. Summarizing (i.e., extended version of paraphrasing; restating both the other person's message and emotion) a. Validates for the other person that he/she has been heard and understood b. Reflects effort to understand the other person's viewpoint of the situation c. It is a crucial part of active listening, as it can bring a sense of relief to the other person and, thereby, reduce his/her actions that are being emotionally driven 5. Silence and effective pauses (i.e., deliberate silences before or after making a meaningful comment) a. Silence - allowing there to be silence before speaking prevents prematurely cutting off the other person and gives the other person the opportunity to continue speaking OPOTA 2022-2023 Latest Exam b. Pauses - when speaking, pauses increase attention and focus when they are used before a meaningful statement and prompt reflection when they are used after a meaningful statement 6. Minimal encouragements (i.e., verbal, and non-verbal cues used when listening to indicate attention the other person's words) a. Examples of verbal minimal encouragements - "uh-huh," "yes," "okay," "go on" b. Examples of non-verbal minimal encouragements - leaning in, nodding head 7. Open ended questions (i.e., questions that require more detailed responses than merely "yes" or "no" to properly answer the question) a. "What" and "how" questions allow you to assess the person's situation b. Avoid "why" questions, which may imply interrogation 8. "I" messages a. Involve the speaker labeling his/her emotions and assigning feelings to his/her interpretation of the situation b. Places focus on the speaker rather than the other person c. Less likely to provoke a defensive or hostile reaction from the other person LEAPS and its Five Basic Communication Tools that Assist in Generating Compliance: - Answer 1. Listen - Actively listen and look interested 2. Empathize - Try to understand where the person is coming from 3. Ask - Ask general, open-ended questions and opinion seeking questions to gain understanding 4. Paraphrase - In your own words, repeat the person's message 5. Summarize - Condense all that has been said and indicate the outcome, keeping it brief, concise, and inarguable The EAR Model's Three Phases of a Crisis Encounter: - Answer 1. Engage 2. Assess 3. Resolve 4. Purpose of Engage - to make a connection with the person so you can calm him/her a. The first 10 seconds of a crisis or special populations encounter are critical in setting the tone for de-escalation b. Remove distractions from the scene c. Introduce yourself and ask for the person's name d. State the reason why you are there and let him/her know you are there to help e. If safety is not compromised, remember that special populations encounters are medical encounters and you should begin to look for identifiers f. Ask questions g. Verbalize the subject's observable characteristics h. Ask the person "what help do you need right now?" i. Model calmness that you want the person to mirror j. In order to make a connection and calm the situation during the Engage phase, you need to be empathetic to the person's situation or state of mind, as individuals who feel they are understood are more inclined to calm down k. Speak softly, simply, briefly, and move slowly l. If there is more than one officer present, to avoid confusion, have one take the lead in communicating and de-escalating the situation 5. Purpose of Assess - to gather the information you need about the situation and the person's condition so that you can make the needed resolution iv. Would benefit from treatment for the person's mental illness and needs such treatment as manifested by evidence of behavior that creates a grave and imminent risk of substantial rights of others or the person v. Would benefit from treatment as manifested by evidence of behavior that indicates all the following (slide #52): 1. The person is unlikely to survive safely in the community without supervision, based on clinical determination 2. The person has a history of lack of compliance with treatment for mental illness and one of the following applies: a. At least twice within 36 months prior to the filing of an affidavit seeking court- ordered treatment of the person under R.C. 5122.111 (affidavit of mental illness), the lack of compliance has been a significant factor in necessitating hospitalization in a hospital or receipt of services in a forensic or other mental health unit of a correctional facility, provided that 36 month period shall be extended by the length of any hospitalization or incarceration of the person that occurred with the 36 month period b. Within 48 months prior to the filing of an affidavit seeking court-ordered treatment of a person under R.C.5122.111 (affidavit of mental illness), the lack of compliance resulted in one or more acts of serious violent behavior toward self or others or threats of, or attempts at, serious physical harm to self or others, provided that 48 months of any hospitalization or incarceration of the person that occurred within the 48 month period c. The person, as a result of the person's mental illness, is unlikely to voluntarily participate in necessary treatment d. In view of the person's treatment history and current behavior, the person needs treatment in order to prevent a relapse or deterioration that would be likely to result in substantial risk of serious harm to the person or others e. An individual who meets ONLY the criteria in slide #52 is not subject to hospitalization b. Appropriate when... i. The officer has reason to believe that the individual is a "mentally ill person subject to court order" as outlined in R.C. 5122.01 (hospitalization of mentally ill definitions) and ii. The individual represents a substantial risk of physical harm to self or others if allowed to remain at liberty pending examination Practical and Legal Considerations when Taking a Person into Emergency Custody: - Answer 1. Every reasonable and appropriate effort must be made to take persons into custody in the least conspicuous manner possible 2. You must provide the person with the following information: a. Your name, title, and agency b. That the person is not under arrest, and c. That the person is being taken for examination by mental health professionals at a specified mental health facility which has to be identified by name to the person with mental illness 3. You must provide a written statement (i.e., Application for Emergency Admission) of belief to the hospital containing: a. The circumstances under which the person was taken into custody, and b. The reason for your belief that emergency admission is appropriate OPOTA 2022-2023 Latest Exam OPOTA 2022-2023 Latest Exam Types of Child Abuse - Answer 1. Physical abuse - an act of commission toward a child by the parent or caregiver that results in harm to the child or is intended to harm the child 2. Neglect - an act of omission that can be a single event or a pattern of unsafe or inadequate care 3. Sexual abuse - engaging in sexual activities with children who cannot give consent and do not understand the significance of sexual acts 4. Emotional abuse - damaging interactions between a parent or caregiver and child that are repeated, resulting in the child feeling unwanted, unloved, or worthless Conditions under the O.R.C. that Allow a Police Officer to Remove a Child from His/her Caregiver: - Answer 1. If there are reasonable grounds to believe that the child is suffering from illness or injury and is not receiving proper care, as described in R.C. 2151.03, and the child's removal is necessary to prevent, immediate or threatened physical or emotional harm 2. If there are reasonable grounds to believe that the child is in immediate danger from the child's surroundings and that the child's removal is necessary to prevent immediate or threatened physical or emotional harm 3. If there are reasonable grounds to believe that a parent, guardian, custodian, or other household member of the child's household has abused or neglected another child in the household and to believe that the child is in danger of immediate or threatened physical or emotional harm from that person 4. If there are reasonable grounds to believe that the conduct, conditions, or surround of the child are endangering the health, welfare, or safety of the child Information an Officer Should Document and Provide when Making a Referral to a Children's Services Agency: - Answer 1. Physical abuse a. Serious and/or multiple inflicted injuries to any area of the body b. Any inflicted injury requiring medical attention c. Injury to vulnerable or sensitive areas of the body (e.g., eyes, genitalia) d. Injuries not consistent with the history given e. Widespread bruising f. Multiple injuries in various stages of the healing process g. Corporal punishment of a child less than one year old h. Any dangerous acts (e.g., electric shock, preventing a child from breathing) that place the child at risk of serious harm i. Signs of abusive head trauma/shaken baby syndrome j. Intentionally pulling a child's hair out k. Injury is a result of domestic violence directed at the child l. Caregiver forced the child to eat a non-food item or a food item in an excessive amount that can be toxic m. Caregiver denies child proper amounts of food and water 2. Emotional abuse a. The child is threatened with extreme or sinister punishment b. Caregiver threatens child with a weapon c. Caregiver encourages child to participate in criminal/delinquent behavior d. Caregiver repeatedly involves the child in activities causing significant emotional stress on the child 3. Sexual abuse OPOTA 2022-2023 Latest Exam a. Child under the age of 18 engaged in sexual activity with any relative, regardless of force or coercion b. An adult acting in "Loco Parentis" that engages in sexual conduct/contact with a child c. A child between the ages of 13 and 14 engaged in sexual activity with any person more than 4 years older than the child d. Caregiver touches a child's genitalia for purposes other than hygiene e. Caregiver has the child touch the caregivers genitalia f. Caregiver masturbates in front of the child; asks the child to masturbate g. Caregiver makes no attempt to prevent child from observing sexual behavior h. Caregiver shows child pornographic material i. Caregiver tricks or forces a child into sexual play 4. Drug use and abuse a. A child has access to drugs and/or drum paraphernalia (e.g., needles) b. Caretaker knowingly allows access/exposure to a drug lab c. Child is used as part of a drug distribution operation d. Caregiver is arrested for operating a vehicle under the influence with a child in the car e. Caregiver gives child inappropriate doses of medications creating a threat of harm and/or injury f. Caregiver uses illegal substances with the child g. Caregiver encourages the child to become intoxicated and/or become intoxicated with the caregiver 5. Neglect a. Child left with inappropriate caregiver or no caregiver b. Caregiver cannot provide for the child's basic needs i. Fails to provide food, shelter, clothing ii. Does no provide adequate utilities in home iii. Not providing adequate sustenance to sustain life, weight gain, and/or growth iv. Does not provide for adequate medical care (e.g., sells the child's prescriptions, does not seek medical care for severe injury) c. Caregiver's whereabouts are unknown and the child is found to be alone d. Caregiver tells the child not to return home and provides no alternate placement e. Caregiver leaves child alone for significant amounts of time f. Caregiver leaves infant/toddler in a vehicle with no supervision g. Caregiver's home presents a safety and/or health hazard due to deplorable conditions (e.g., excessive garbage, rotted food, exposed wiring, insect/rodent infestation) h. Caregiver improperly restrains the child (e.g., handcuffed to a bed, taped to a chair) or locks child in a confined space i. Caregiver does not provide for educational needs of the child (e.g., does not send child to school, impedes academic process) Considerations to be Made When Investigating a Missing Child or Adult and When Recovering a Victim of Human Trafficking: - Answer 1. The missing child or adult you are investigating may be a victim of human trafficking; the victim of human trafficking that you are recovering may have been reported missing Responsibilities of a Law Enforcement Agency in a Missing Child Case: - Answer 1. Response to the missing child report should be immediate OPOTA 2022-2023 Latest Exam Criteria That Must Be Met Before Activating an Endangered Missing Adult Alert: - Answer 1) The person is confirmed to be missing 2) The individual is 65 years of age or older or has a mental impairment 3) The disappearance of the individual poses a credible threat of immediate danger of serious bodily harm or death to the individual 4) There is sufficient descriptive information about the individual and the circumstances surrounding the individual's disappearance to indicate that activation of the alert will help locate the individual Criteria That Must Be Met to Activate a Blue Alert: - Answer 1) Law enforcement agency confirmation that 2) A law enforcement officer has been seriously injured or killed, and a suspect has not been apprehended, or 3) That a law enforcement officer is missing while on duty under circumstances warranting concern for the law enforcement officer's safety 4) Sufficient descriptive information about the suspect or the circumstances surrounding a law enforcement officer's injury, death, or disappearance to indicate that activation of the alert may help locate a suspect or a missing law enforcement officer Who is at Risk for Being Trafficked?: - Answer 1) The persons most at risk for being trafficked are persons that are a. Vulnerable b. Accessible, and/or c. Lacking in credibility 2) Examples of at risk persons a. Runaways/throwaways b. Foreign born persons, whether in the country legally or illegally c. Migrant workers d. Persons with drug addictions e. Persons with mental disabilities or illness Two Types of Human Trafficking Included in Ohio's Trafficking in Persons Law: - Answer 1) Involuntary servitude (i.e., labor trafficking) a. Being compelled to perform labor or services for another against one's will 2) Sex trafficking a. Applies to a range of commercial sexual activity, including sex for hire, performances or materials that are obscene, sexually oriented, or nudity oriented (these include materials or performances that show a person participating in or engaging in sexual activity, masturbation, bestiality, or that show a person in a state of nudity) b. Includes exchange of anything of value (e.g., money, drugs, food, shelter, protection) c. Applies differently depending on the victim's age and whether or not the victim has a developmental disability Victim Mindset as it Pertains to a Victim of Human Trafficking: - Answer 1) Why victims do not leave their situations, ask for, or accept help a. Fear of the perpetrator b. Victims may develop traumatic bonds with perpetrators and will defend them at all costs, even their own freedom 2) Sex traffickers often take on the following roles a. Role of protector, makes the victim feel special, or that he/she would die for the victim b. Role of friend, lover, boyfriend, husband c. Role of teach, mentor, father, discipline figure d. They capitalize on girls not knowing what a normal relationship is like and they will groom them into victims to create a sense of family 3) Like domestic violence, the perpetrator of sex trafficking becomes the most powerful person in the life of the victim a. The psychology of the victim is shaped by the actions and beliefs of the perpetrator b. The perpetrator often uses a system of punishment and reward - alternating between affection, threats, and violence toward the victim or person or things that the victim loves - in order to keep and maintain control 4) Often the perpetrator has been taking care of the victim for so long that the victim does not know how he/she would obtain basic needs without the perpetrator 5) Isolation, captivity, or confinement 6) Shame or self-blame 7) May be completely unaware of their rights or may have been intentionally misinformed about their rights in this country 8) Fear of law enforcement a. Victims may be hesitant to come forward because of their fear of arrest or deportation i. Traffickers often convince the victim that speaking with law enforcement will result in the victim being arrested, detained, or deported ii. While many victims have been beaten or raped, their current situation may still be better that from where they came iii. In some parts of the world, law enforcement is corrupt and foreign national victims may bring this fear with them iv. Even here, the few officers who abuse their positions of power may make it difficult for victims to trust any law enforcement v. Victims may also think that law enforcement will not believe them vi. Understanding the historical relationship between victims and law enforcement is critical to building trust and rapport with victims vii. Building trust and rapport and showing empathy allow the officers to break down the barrier of victim distrust towards law enforcement Red Flag Indicators of Human Trafficking: - Answer 1) Suspicious locations - indicators observed from outside a location may include a. Windows that are blocked, blackened out, barred, or sealed b. Doors that are chained, locked, sealed c. Guards and/or guard dogs d. Surveillance cameras and buzzer systems for entry e. Gates, barbed wire fencing, self-contained camps or compounds f. Large amount of foot traffic in and out of location, especially males g. Lighted "open" sign on building after regular business hours h. Rear entrance only for some businesses 2) Indicators observed from inside a location may include OPOTA 2022-2023 Latest Exam OPOTA 2022-2023 Latest Exam a. Large amounts of cash on site b. Multiple laptops or cell phones c. Appointment and receipt books/ledgers d. Appearance that individuals are living on site of a business (e.g., restaurant, nail salon) e. Sparse rooms with beds or mattresses f. Prostitution paraphernalia (e.g., high heels, lingerie, lotions, creams, wipes, condoms) g. Large amounts of repay/reloadable credit cards h. Marbles, playing cards, poker chips in bucket or jar may be an example of showing payment in certain types of brothels i. Evidence of frequent travel (e.g., bus/plane tickets) 3) General working conditions a. Unpaid, paid very little, or paid only through tips b. Work excessive and/or unusual hours c. Live and sleep where they work d. Provided daily transportation to and from work 4) Suspicious behaviors a. Encounters with migrant workers and/or in a legitimate business where a supervisor attempts to keep the ground away from law enforcement or attempts to control all communication b. Often the word used for the sex trafficker is husband, boyfriend, "dope boy," drug supplier c. No personal identification (e.g., passport, driver's license, social security card) or the person is not in control of his/her own documents 5) Mental health a. Signs of emotional abuse (e.g., demeanor is fearful, submissive, anxious, tense, nervous, restless, depressed, paranoid, irritable, aggressive) b. Exhibits unusually fearful or anxious behavior or aggressive, hostile, or defiant behavior when approached by law enforcement 6) Physical health a. Signs of physical abuse, sexual abuse, neglect, torture (e.g., cigarette burns, scars, bruises, broken bones) b. Signs of poor health and hygiene (e.g., underweight, malnourished, lice, excessive bed bug bites, bad teeth 7) Lack of control a. Signs of physical restraint, confinement, or control b. Signs of psychological control c. Very little or no control over money, bank account, and/or documents d. Cannot speak for self, or a third party must be present and/or translating; must be given permission before responding to questions e. Appears anxious around "family member" or interpreter, or relies on one person to speak for a whole group f. Not free to come and go a he/she pleases, or ha an escort (e.g., a driver or "body guard") at all times when out in public g. Is unable to attend religious activities or gatherings or is required to be escorted h. Signs of branding through tattoos to show ownership by trafficker i. Unable to make decisions on own without fear or approval j. Few or no personal possessions (e.g., clothing, family pictures, financial records) 8) Specific traffic stop indicators OPOTA 2022-2023 Latest Exam d. Consider the level of comfort available at the interview site over extended hours of interviewing and interaction The Process for Arresting a Juvenile: - Answer 1. The juvenile is suspected of, or caught violating a law a. If the offense is minor, the officer may choose to exercise discretion and not file a charge i. The officer may counsel the juvenile ii. The officer may contact the juvenile's guardian iii. The officer can direct the juvenile and/or guardian to community resources that might provide assistance, if necessary 2. If the offense is more serious, the officer should begin standard investigation procedures a. Interview the juvenile to gather information b. The officer might contact the juvenile's guardian at this time; this is a matter of consideration, not as a matter of law 3. If the officer believes probable cause exists to charge the youth, the youth can be taken into custody for processing a. Fingerprinting b. Photograph c. Interrogation 4. The juvenile may be placed in juvenile detention or released to the guardian 5. Again, the officer should take the opportunity to refer the juvenile and his/her guardian to community resources 6. Interview and interrogation considerations a. As previously discussed, juveniles are afforded the same rights as adults in investigatory procedures (e.g., search/seizure, self-incrimination) b. Therefore, in a custodial interrogation encounter, the officer must inform the youth of the Miranda warning and ensure his/her rights are understood c. When questioning a juvenile, the officer should consider several factors i. The age of the youth - if the youth is old enough to understand his/her rights and the severity of the situation 1. This is critically important during a custodial interrogation 2. The U.S. Supreme Court held a child's age is a relevant factor to consider in determining whether the child is in custody for purposes of Miranda rights ii. Mental state - is the juvenile free of intellectual disability? iii. Physical state - is the youth experiencing drug and/or alcohol impairment? iv. Are there any language or cultural barriers? 7. Considerations while on school grounds a. Schools are trusted with the care of children while on the grounds during school hours b. Therefore, some schools have a strict policy and procedure regarding who can access juveniles 8. Some schools might require a member of staff to be present when an officer needs to make contact with a student 9. Other schools will require the juvenile's guardian to be present, or will contact the guardian to alert him/her of the officer's request 10. Again, there is no statutory requirement for the officer to notify the parent of an interview/interrogation; in addition, the school has no legal authority to prevent the officer from conducting his/her investigation OPOTA 2022-2023 Latest Exam 11. However, depending on the nature of the investigation and the officer's departmental policy and procedure, the officer might consider conducting the interview at another time and place 12. Conversely, there might be schools that give officers full access to students 13. It is important to maintain positive, working relationships with school personnel 14. Oftentimes, when a peace officer is called to a school to investigate a situation involving a juvenile, school officials have conducted their own investigation 15. The officer can review information, and evidence from the school's investigation in order to help establish probable cause 16. The officer should also become familiar with charges that are specific to violations on or near school grounds, and those that have increased penalties 17. Disorderly Conduct - M-4, if in the vicinity of a school of safety zone 18. Illegal Conveyance of a Deadly Weapon or Dangerous Ordinance in School Safety Zone a. F-5 b. Also applies to objects indistinguishable from a firearm, whether or not it is capable of being fired; however, penalty is an M-1 if the object is indistinguishable 19. Improperly Discharging Firearm in a School Safety Zone a. F-2 b. Also, incudes discharging a firearm within 1000 feet of a school premises with the intent to cause physical harm to another who is on school grounds, cause panic or fear of physical harm to another, or cause the evacuation of the school 20. Several of the R.C. Chapter 2925 Drug Offenses have increased penalties if committed in a school safety zone or in the vicinity of a juvenile Federal and Ohio Juvenile Holding Violations Occur When...: - Answer 1) An accused or adjudicated status offender is held securely 2) An accused delinquent offender is held over six hours, if alleged to have committed a felony offense 3) An accused delinquent offender is held over three hours, if alleged to have committed a misdemeanor or status offense 4) An adjudicated delinquent is sentenced to a secure adult jail/prison 5) Any juvenile that is held securely is not sight and sound separated from adult offenders The AGO Pamphlet Titled Ohio Crime Victims' Rights: Helping Crime Victims Rebuild Their Lives: - Answer 1. Provides a compilation of all Ohio statutes relative to victims' rights 2. Contains most of the information peace officers are required to provide to the victim 3. Describe protection orders 4. Identifies services available for victims of crime 5. Includes contact information for state and federal victim services Ohio Statutory Rights Provided to Victims of Crime include...: - Answer 1. The right to have written information regarding rights as a crime victim be provided by the investigating enforcement agency 2. The investigating LE agency must give, in writing, all of the following information a. An explanation of the victim's rights under R.C. Chapter 2930 OPOTA 2022-2023 Latest Exam b. Information about medical, counseling, housing, emergency, and any other services that are available to a victim c. Information about the Ohio Victims of Crime Compensation Program, and... d. Information about protection that is available to the victim, including protective orders issued by the court e. The right to receive information about the criminal investigation from the investigation LE agency f. (With certain exceptions) the right to the prompt return of property 3. Exceptions - property will not immediately be returned when... a. Ownership of property is disputed b. The prosecutor certifies to the court the need to retain the physical property (e.g., weapon) rather than a photograph or other evidentiary substitute c. A judge grants the defendant's motion to use the property in his/her defense d. The right to have a representative who may exercise the rights of the victim e. The right to notification of the arrest or detention of the suspected offender f. The right to notification if a violent offender escapes custody before trial or sentencing g. The right to confer with the prosecutor and receive notice of court proceedings h. The right, (if requested by the victim), to notification of substantial delay in the prosecution i. The right to be present at court proceedings j. The right to have identification information (e.g., address, telephone numbers, place of employment) kept confidential k. The right to be free of intimidation from the offender l. The right to have contact with the defendant minimized during criminal proceedings m. The right to make a statement (victim's impact statement and victim's statement) to the court n. The right, (upon request of the victim), to notice of a defendant's acquittal or conviction o. The right, (upon request of the victim), to notice of a defendant's court appeal p. The right, (upon the request of the victim), to notice of defendant's incarceration and release date q. The right to make a statement prior to a defendant's judicial or early release r. The right, (upon the request of the victim of a sexually oriented or child-victim oriented offense) to notice that the offender has registered with the sheriff and to receive other relevant offender information (e.g., the offender's address, place of employment, photograph) s. The right free from employee discipline for court attendance necessary to protect the victim's rights t. The right to receive information regarding the potential availability of financial awards The Ohio Constitution Provides Victim Rights to...: - Answer 1. A person against whom the criminal offense or delinquent act is committed or a person who is directly and proximately harmed by the commission of the offense or act a. The term "victim" does not include the accused or a person whom the court find would not act in the best interests of a deceased, incompetent, minor, or incapacitated victim OPOTA 2022-2023 Latest Exam 5. You should privately address this with the victim and take action to support the victim's wishes 6. When available, male/female response teams are helpful for sexual assault cases 7. Allow the victims to give their account in a narrative form without undue interruption 8. Ask the victim what he/she was thinking and/or feeling during the encounter and during the interview a. This information and documentation of the victim's fear, confusion, and feelings may be helpful if the victim later remembers more information or changes the order of events 9. Ask about strangulation a. Victims may experience delayed symptoms (i.e., days later) resulting in difficulty breathing and possibly death b. Signs and symptoms of strangulation should be documented 10. If strangulation is indicated or suspected, officers should refer the victim to seek medical attention 11. Incomplete, inconsistent, or untrue statements by the victim a. A victim often may disclose partial details because the victim is still dealing with the effects of being traumatized or ... b. The person is uncomfortable in the LE interview i. The victim may not want to disclose acts that may be illegal ii. A victim may be reluctant to describe how the suspect degraded him/her, either with cruel comments or humiliating acts 12. Be familiar with traumatic memory 13. With traumatic memory, it should be understood that the first report may not be accurate a. Some memory recover occurs after the first sleep cycle b. It's best, though, to provide up to three days before interviewing again i. At 24 hours, the memory will be the most accurate, but may not be the most complete ii. From there, additional memory may be recovered, but may also be contaminated 14. When interviewing victims of sexual assault ... a. Be prepared for ... i. A narrative that is fragmented and non-linear ii. Gaps in memory iii. Recall of certain facts and not others, even though they happened simultaneously b. Be cautious of ... i. Misinterpreting signs of trauma as indicators of deception List All Four Primary Firearms Safety Rules: - Answer Treat all firearms as if they're loaded (SAFE) Never point a firearm at anything you don't want to shoot or destroy (DIRECTION) Keep your finger off the trigger until you've made a conscious decision to shoot (FINGER) Be aware of your backstop and beyond (TARGET) Explain the Cycle of Fire: - Answer 1. FIRE a. Shooter presses the trigger b. Round begins to travel down the barrel 2. UNLOCK OPOTA 2022-2023 Latest Exam a. The instant the round leaves the barrel, the slide unlocks from the barrel b. The slide moves rearward independently from the frame 3. EXTRACT a. The extractor removes the expended cartridge casing from the chamber of the barrel 4. EJECT a. Ejector mechanism engages the expended cartridge b. Casing is expelled 5. COCK a. Striker/hammer resets 6. FEED a. Slide moves forward b. Round is stripped from top of magazine 7. CHAMBER a. Round starts movement into chamber 8. LOCK a. Slide closes b. Cartridge is locked into position for firing The Smith System Approach to Driving: - Answer 1. An approach to driving that includes a five-step system in which you must practice all steps until they become routine a. Aim high in driving - look as far ahead as possible to keep the driver's view up rather than looking down at the area in front of the car b. Keep your eyes moving - establish an orderly visual search pattern (e.g., look near and far, to the left and right, in the mirrors, at the instrument panel) c. Get the big picture i. Become aware of the whole traffic scene ii. This is the mental process of putting together the clues received from the first two steps d. Leave yourself an out i. Avoid being boxed in ii. Maintain a space cushion (e.g., 2-4 seconds between you and the vehicle in iii. front of you) surrounding your vehicle iv. Increase space cushion as weather or circumstances dictate v. Constantly plan for eventuality of evasive actions e. Make sure others see you i. Advantageous lane position ii. Headlight use during the day iii. A communication mode for getting drivers to be aware of one another's presence to avoid surprise situations Importance of Safety Belts and other Occupant Protection Devices: - Answer 1. Required by the Revised Code 2. Better vehicle control thereby reducing the chances of becoming involved in a collision 3. Less chance of injury or death if involved in a collision while using a properly adjusted vehicle restrain system OPOTA 2022-2023 Latest Exam Dynamics of Steering: - Answer 1. Counter steering - a method of counteracting the forces created in a skid, dry or wet, by steering in the direction of the skid, or the intended path of travel 2. Under steering - usually caused by excessive speed. The vehicle will tend to continue in a straight line and resist turning due to loss of traction with the front tires (i.e., wheels are turned, and the vehicle continues straight) 3. Over steering a. Reduces the desired cornering radius as a vehicle progresses through a turn, requiring the driver to rotate the steering wheel away from the direction of the turn b. Is the result of excessive speed, hydroplaning, or improper braking as the rear wheels lose their lateral traction before the front tires, causing the rear of the vehicle to slide toward the outside of the turn Acceptable Hand Movements for Steering Methods: - Answer 1. Shuffle steering a. Avoid crossing the hands b. Hands should encompass the whole steering wheel c. Pull down from the twelve o'clock to the six o'clock position with the hand in the direction you are turning d. Pushing up with the opposite hand to complete the turn 2. Hand over hand 3. Evasive steering a. With hands at nine o'clock and three o'clock, turn the wheel ½ rotation, then a full rotation in the opposite direction, and finally back to the original position Dynamics of Braking: - Answer 1. Front wheel lock up a. Caused by improper brake adjustment or slick spot on the road b. Causes reduced braking ability and loss of steering c. Rear wheels act as a rudder and maintain straight ahead slide 2. All wheels locked up a. Caused by a panic situation in which brakes are applied abruptly and hard enough to lock all four wheels b. The vehicle will probably skid in a straight line as long as variables such as road surface, tire tread, and air are fairly even 3. Rear wheel lock up a. Caused by improperly adjusted brakes which cause rear wheels to lock while the front wheels continue to rotate b. Vehicle will rotate around center mass in the horizontal plane 4. Brake fade a. No feedback from the brake when pressure is applied b. Is most common during a drive when frequent use of the brakes does not allow for proper cooling (i.e., overheated brakes) 5. Weight transfer a. Vehicle accelerates i. The front lifts, causing weight in the rear to increase ii. Weight shift to the rear can cause loss of traction for front-wheel drive vehicles iii. Can increase traction for rear wheel drive vehicles b. Vehicle brakes i. Weight is transferred to front wheels ii. Front brakes have higher braking efficiency c. Change of direction OPOTA 2022-2023 Latest Exam 3.) Suspect may come to you 4.) Termination techniques with additional training a. Spikes b. Roadblocks c. PIT (Pursuit Intervention Technique) d. Stop sticks M.A.R.C.H. - Answer M- Move to cover, massive hemorrhage, mental status, check hands A-Airway Respiration C-Circulation H-Hypothermia Steps to Apply a Tourniquet: - Answer 1. Use Body Substance Isolation (BSI) precautions to include, at a minimum, nitrile or latex gloves 2. The T.Q. can be applied over a uniform; However, any equipment (e.g., coat, body armor) or personal items (e.g., items in casualties' pockets) that impede access should be removed 3. Place as high on the extremity as possible 4. Tighten until bleeding is controlled (i.e., if it does not hurt, it is not tight enough) 5. Write the time the T.Q. was applied on the forehead of the casualty or on the T.Q. itself 6. Removal of the T.Q. should take place once it is practical, as long as the bleeding is controlled by other methods (e.g., pressure bandage) Steps for Junctional Hemorrhage Control: - Answer 1. Pack wound with gauze or hemostatic gauze 2. Hold direct pressure for a minimum of three minutes, if possible 3. Apply trauma dressing Steps to Insert a Nasopharyngeal Airway: - Answer 1. NPA's are designed to be inserted in the casualty's right nostril, but will still be effective if inserted on the left 2. Us the head tilt/chin lift maneuver to open the casualty's airway 3. Apply water-based lubricant to NPA, if applicable 4. Push the tip of nose upward 5. Insert the airway, pushing towards the casualty's back, rather than up 6. Gently advance the NPA until the flange rests against the nostril 7. Roll casualty onto his/her side (i.e., recovery position) or into a position of comfort for him/her Steps for Sealing a Chest Wound: - Answer 1. Wipe fluids (e.g., blood, sweat) off the area 2. Peel off adhesive backing from the chest seal 3. Center the seal over the wound; if valve is present, place valve over middle of wound 4. Secure with tape if available Ways to Improve Public Perception by Properly Employing Aspects of Patrol: - Answer 1. Exercise authority fairly OPOTA 2022-2023 Latest Exam 2. Be professional in appearance and attitude 3. Manage citizen contacts with the understanding that negative events can be handled in a positive way 4. Temper the operational skills of patrol with the mindset, character, and service in the spirit of what democratic policing promises its citizenry Proactive Patrol: - Answer 1. Working to prevent crime rather than waiting for it to occur 2. The goal for many L/E agencies is to move away from incident-driven, reactive policing, and move toward proactive policing 3. Officer's should be conducting proactive patrol anytime they are not responding to calls for service 4. Officer's are encourage to act on their own initiative and develop information about crime and strategies for its suppression Considerations When Dispatched To A Crime In Progress: - Answer 1. Urgency of the situation 2. Safety of any victim who may be under attack 3. Traffic conditions for other responding units 4. Agency policy and protocol, if applicable 5. Anyone and anything that appears to be out of the ordinary for the area 6. If possible, record or call out license plate numbers of the vehicles leaving the scene or driving around the area 7. Unless necessary, arrive as quietly as possible 8. If possible, make your arrival using parallel streets to avoid being seen by a lookout or the suspect 9. Do not park directly in front of the location unless absolutely necessary Main Responsibilities when Responding to a Crime in Progress: - Answer 1. Respond to the incident in the safest and tactically sound manner 2. Secure the scene 3. Preliminary investigation Ways to Maintain Situational Awareness While Conducting Searches: - Answer 1. Be conscious of and avoid normalcy bias that develop from taking multiple similar calls that do not produce a threat 2. Avoid locking your focus on any one thing at the expense of what is happening around you 3. If working alone, continually stop, look and listen so you're aware of your environment 4. If working with others, have one person focused on the search and one focused on covering the searching officer Assessing a Dog's Behavior: - Answer 1. Signs of a relaxed dog a. Body posture - relaxed, weight carried evenly, may observe a play bow or body wiggle b. Tail - relaxed and in neutral position, may be wagging c. Ears - relaxed and in neutral position d. Mouth - appears "soft", may be open, tongue hanging out, mouth may be closed with lips relaxed over teeth OPOTA 2022-2023 Latest Exam e. Eyes - "soft", relaxed, eyebrows neutral, normal pupil size, steady, relaxed gaze 2. Signs of a defensively threatening dog a. Body posture - muscles tense, weight shifted back, low to ground, may roll to expose to belly, holding one paw up b. Tail - stiff, usually tucked or low to the ground, may be wagging (slowly or rapidly) c. Piloerection (i.e., goosebumps) - may or may not be present, may be seen as a "blowing coat" d. Ears - pulling back against head e. Mouth - lips pulled back, may be growling or snarling, often see excessive panting, lip licking, chewing, yawning f. Eyes - vigilant with pupils dilated, eyebrows furrowed, scanning/darting eyes, "whale eye" 3. Signs of an offensively threatening dog a. Body posture - "hard and stiff", muscles tensed, weight forward, may be very still b. Tail - carried high, often wagging slowly and methodically c. Piloerection - usually present d. Mouth - top lip pulled up, baring front teeth only, growling, snapping, borking e. Eyes - hard stare, wide open or squinted/hooded, eyebrows tensed, pupils dilated f. Be aware that offensively threatening doggos could exhibit all of these behaviors and still be quiet and still; be aware that quiet dogs can still attack Options for Handling a Threat from a Companion Animal: - Answer 1. Distractions and escape options a. If a dog encounter turns threatening, determine if any distractions are available (e.g., ball or stick lying on ground, dog treat) b. If your vehicle is close by and you have distracted the doggo, consider slowly backing up toward protection or get in your vehicle c. If you are not able to get to your vehicle, determine if there is something in your surroundings that you can put between you and the dog i. Garbage can ii. Garbage can lid iii. Clipboard iv. Chair 2. Intermediate weapons a. If distractions or escaping the situation are impractical or unavailable, you may need to use other items that are available on your person b. Impact weapons can be used for blocking, redirecting a dog attack, or used as a bite stick; be aware that the motions involved in opening, may be seen as threatening by some dogs 3. OC is the only chemical weapon that can be highly effective on dogs and, therefore, is the only chemical weapon that should be considered for use on dogs a. Because of differences in anatomy and physiology of animals, dogs experience few, if any, of the symptoms induced by CN in humans b. Likewise, CS is virtually ineffective on on-human animals 4. Electrical weapons a. In field reports of electrical weapon use on dogs, most officers reported that the period of immobilization was shorter than for people b. When using an electrical weapon on dogs, officers must deploy it differently than when using it on people OPOTA 2022-2023 Latest Exam 2. The officer is constantly assessing and re-assessing the threat level for factors that may appear or change and necessitate tactical adjustment 3. Assessment can change a situation at any time before and during the vehicle stop. This could be based upon: a. Additional information received b. Officer observations c. Actions by the suspect, passengers, or others within close proximity to the contact Areas of Concern Related to a Vehicle Stop Assessment: - Answer 1. Assessment can be divided into three distinct but overlapping areas of concern 2. Pre-contact - Any prior knowledge, information or observations that the officer has or experiences before the contact occurs 3. Environment - Weather, terrain, location, and observable obstacles in the area 4. Sensory Sweep - Information gained from using any of the officer's five senses during and after the approach 5. Pre-contact concerns: a. The purpose of the stop b. Available information c. Time of day - an officer may choose a completely different course of action at night, as opposed to during the day d. Structural design of the suspect's vehicle e. Number and actions of visible occupants f. Availability of backup g. Situational surroundings 6. Environment concerns: a. Weather conditions b. Traffic speed and congestion c. Terrain 7. Sensory sweep: a. Unusual body language after the stop b. Exiting the vehicle without the officer's request c. Multiple visible occupants and/or vehicles d. Visibly agitated state (any occupant) alone or accompanied by: i. Providing documents for the wrong vehicle ii. Providing forged documents e. Any distinct or unusual smells f. Any distinct or unusual sounds Demonstrate An Unknown-Risk Vehicle Stop: - Answer 1. Radio the initiated contact 2. Signal the intention to initiate the contact 3. Conduct approach preparation and exit 4. Conduct approach pattern 5. Make contact at the suspect vehicle 6. Verbally address the suspect 7. Return to the cruiser 8. Re-approach the suspect vehicle 9. Return to the cruiser OPOTA 2022-2023 Latest Exam Information the Officer Should Relay to the Communication Center Prior to Activating the Overhead Lights and/or Siren: - Answer 1. Location (e.g., street/mile marker, cross reference) a. In terms of officer safety, this is the most vital piece of information the officer can relay, which is why it is called in first b. The backup officers will know where to proceed to render aid 2. Vehicle Registration (i.e., state, type, number) a. An example would be Ohio Passenger ABC 123 b. Learn the phonetic alphabet by practicing when not engaged in a contact c. Officers will be nervous when making the stop and knowing the phonetic alphabet is one less thing to complicate concentration 3. Vehicle Characteristics (i.e., make, model, color, body style) a. An example would be Honda Civic, black, 2 door b. Any other distinguishing factors that would allow backup officers to immediately spot the vehicle, e.g., i. Damage to the vehicle ii. Hard or soft top iii. Window tint iv. Bumper or window stickers 4. Occupants - call in... a. The number of occupants b. Their perceived gender and race c. Any other distinguishing characteristics 5. Nature of the offense (contingent on threat assessment) a. Understand that the relative severity of the offense does not always correlate to the threat level encountered b. An officer may wish to advise the communication center of the nature of the violation if the officer senses a heightened level of threat c. All officers should monitor communications and stay attuned to the nature of the contact a fellow officer is initiating d. This will enable all to start toward an area before being dispatched - the time saved by this will equate to precious seconds and also foster a culture of personal concern Two Approach Patterns: - Answer 1. Left-side walk-up 2. Right-side walk-up 3. Left-side walk-up: a. Approach preparation b. Visually monitor the occupant actions - shoulders, hands, eyes c. Maintain weapon awareness i. Keep jacket zipped, if worn, and tucked away from the firearm ii. Keep the holster retention secured d. Begin the approach and sensory sweep i. Wait for a break in traffic that will allow time to exit and approach ii. To maintain noise discipline, don't slam the cruiser door iii. Approach, keeping close to the cruiser, near the door and hood iv. After passing front bumper of cruiser, cut in and follow a path aligned with the left side of the suspect's vehicle v. Rely on hearing and peripheral vision to monitor traffic e. Mid approach OPOTA 2022-2023 Latest Exam i. Monitor actions of the driver and passengers continually, with glances at other areas ii. Monitor brake lights and trunk f. Application of brake or reverse lights evaluate the threat g. There are two schools of thought on touching the trunk, and which one used will be determined by assessment i. Touch the trunk to ensure against unexpected opening ii. Do not touch the trunk; this action may give away your position and slow the approach h. Check rear seat area to confirm number of occupants i. Take note of unusual sounds or smells j. Contact at the suspect's vehicle i. Stay behind the rear or trailing edge of the front door ii. Your body should be close to, but not touching, the suspect's vehicle 1. This position will create a severe angle for the suspect attempting to shoot the officer 2. Staying behind the trailing edge of the door prevents the officer from being struck by the door opening iii. Concentrate on occupant's/s' hands and sudden movements iv. Verbally address the suspect. Be polite but in control v. What questions or statements should the officer make and in what order? 1. Greet - Greet the suspect 2. I.D. - Identify yourself and your agency 3. Reason - State the reason for the vehicle stop 4. Request the suspect's operator's license, proof of insurance, and CCW license, if necessary vi. Never reach in the vehicle to grab anything from any occupant with your dominant hand vii. Take the documents with your non-dominant hand viii. Hold the license high enough so you need only move your eyes to see both the license and the suspect's hands ix. Advise the suspect that you are going back to your cruiser to review the documents and, for his/her safety, he/she should remain in the vehicle and await your return k. Returning to the cruiser - pre-citation and post-citation i. Utilize a technique based on your assessment of the suspect and traffic that maintains your safety ii. One option is to turn your head "down the middle" toward the curb nearest the passenger side of the cruiser (i.e., driver's side for the right side approach) iii. Upon reaching the cruiser door, pause and check the suspect's position and movement again iv. Take a mental snapshot of the vehicle and occupant position(s) l. Generating a citation and re-approaching the vehicle i. Your primary concern must be your safety ii. Divided attention provides an opportunity for aggressive actions by any vehicle occupant iii. Monitor the occupant's/s' actions frequently and check mirrors to maintain traffic awareness iv. Any unnecessary sound should being eliminated (e.g., turn down any music) OPOTA 2022-2023 Latest Exam h. Any observed suspects should cause officers to seek cover and issue additional commands i. If the interior is clear, retrieve the keys and check the trunk, staying close to the vehicle on each officer's respective side j. In all actions, crossfire situations must be avoided Reasons Vehicles are Stolen: - Answer 1. Joyriding/transportation 2. To commit other crimes 3. Theft for profit/commercial theft 4. Owner gives up Common Indicators Associated with Stolen Vehicles: - Answer 1. Abnormal driver behavior a. Driver may be nervous and take extreme measures to avoid a law enforcement vehicle b. Driver may operate the vehicle with a flat tire - may not have a key to open trunk to change it c. Driver may seem unfamiliar with the controls of the vehicle d. Driver may show little or no regard for the vehicle e. Driver may be dressed inappropriately for the weather (e.g., heavy coat and gloves in summer) 2. License plate irregularities a. Damaged b. Improperly attached or upside down c. Dirty plate on a clean car or vice versa d. Old plate with new screws e. Display of only one plate when two are required f. License plate placed over the top of another one g. Front and rear license plates do not match h. License plate is covered or not illuminated i. Fictitious plate 3. Condition of the vehicle a. Broken or missing glass; a thief will often break out the passenger side window b. Pry marks or scratches around door locks, door handles, window edges, and trunk c. Missing, damaged, or punched locks 4. Unusual transportation of other vehicles or equipment a. Heavy equipment being transported during the overnight or non-business hours b. Motorcycles, ATVs, and dirt bikes being transported during unusual hours and/or not loaded correctly c. Trailers, commercial vehicles, or equipment on the roadway with no visible Vehicle Identification Number (VIN) or Product Identification Number (PIN) where they should be Methods of Establishing the Identity of a Vehicle: - Answer 1. Ensure the license plate matches the registration 2. Registration must match the Vehicle Identification Number (VIN) 3. VIN (for vehicles 1981 or later) 4. Federal certification label a. Must be easily readable without moving any part of the vehicle except an outer door OPOTA 2022-2023 Latest Exam b. Must be affixed to a hinge pillar, or door-latch post, or door edge that meets the door- latch post Evidence on or In the Area of the VIN Plate That Indicates a Vehicle May Be Stolen: - Answer 1. Characters on a plate that are not clean and clear (e.g., too big, too small, markings not consistent with manufacturer) 2. Scratches or paint on the plate 3. Inconsistencies with rivets 4. Scratches, smeared glue, or adhesive residue on the area around the plate 5. Evidence the windshield has been removed 6. Crooked VIN plate 7. Damage to the dashboard near the VIN plate Common Methods Thieves Use to Defeat the Federal Certification Label on a Vehicle: - Answer 1. Removal and reapplication of a different label from a donor car 2. Alteration of the existing label 3. Replacement with a counterfeit label Recognizing Criminal Gangs and Members: - Answer 1. A group must meet all four criteria below to be considered a criminal gang: a. Recurrent Interaction - the group interacts with each other on a regular and recurring basis b. Organization/Structure/Leadership i. Formal or informal, identifiable structure, organization, or leadership within the group ii. These aspects may change and become more distinct as the group changes, grows, or alters its activities c. Unity and signs of unity - the group demonstrates an apparent cohesiveness and allegiance that manifests itself in a common name, symbol, or sign d. Pattern of criminal gang activity - members of the group, individually or collectively, engage in criminal activity that... i. Benefits the group or... ii. Is related to the beliefs of, or membership in, the group, or... iii. Enhances a members status within the group 2. In addition, members of a gang usually share the following traits: a. Group name b. Symbols, tattoos, or graffiti c. Style of dress d. Frequent congregation at/or laid claim to a specific geographical area Signs of Gang Membership: - Answer 1. Signs a. Admits to being a member of a group that meets the revised code criteria of a gang b. A reliable informant identifies the person as a gang member c. Resides in or frequents a particular gang's area d. Adopts a particular gang's style of dress, symbols, or tattoos e. Associates with known gang members or association can be proven through social media or other means f. Has been arrested in the company of identified gang members for offenses consistent with gang activity OPOTA 2022-2023 Latest Exam g. Has a documented criminal history An individual must meet two or more of the indicators to be considered a gang member Peace Officer's Duties in Response to the Gang Problem: - Answer 1. Stay educated on gang trends 2. Document any potential gang activity with notes and photography 3. Become familiar with jurisdiction and take notice of repeat offenders and the nicknames used 4. Develop contacts with other agencies to share information Operator Certification Levels for LEADS Users: - Answer 1. A Fully Qualified Operator (FQO) is someone who can operate a LEADS access device and who has the authority to enter, cancel, clear, modify, query, locate, detain, and submit hit confirmations 2. An Inquiry Only Operator (INQ) is someone who can operate a LEADS access device and who has the authority to query, locate, and submit hit confirmations only 3. A Mobile Data Terminal (MDT) operator is someone who can operate a mobile access device a. There is no MDT certification b. An MDT operator will have an FQO or INQ certification which permits them to operate a LEADS access device 4. A LEADS practitioner is non-certified personnel authorized to receive LEADS data Information Obtained from LEADS May Be Shared for...: - Answer 1. Criminal justice purposes only Severity of Crime for Misuse of the LEADS System: - Answer Felony of the Fifth Degree (F-5) Information Stored in the Computerized Criminal History (CCH) File: - Answer 1. Personal identifier - Name, state ID number, and FBI number of the individual 2. Demographics - sex, race, birth date, height, weight, eye color, hair color, and birthplace of the individual 3. An accounting of the individual's progress through the state's criminal justice system, organized by individual arrests 4. Arrest - date of arrest, arresting agency, case number, name used, and charge 5. Trial or other resolution - court of jurisdiction, court number, case number, charges, date of trial or other resolution, disposition (including sentence, if appropriate) 6. Appeal or retrial - court of jurisdiction, court number, case number, charges, date of trial or other resolution, disposition (including sentence, if appropriate) 7. Release, parole, or probation - name of receiving agency, case number, and status of individual (if appropriate); date of action 8. Each record also contains a reminder that the record only contains information from a single state and the information should only be considered current for the date of request OPOTA 2022-2023 Latest Exam iv. Trying to block them in areas may increase the possibility of injury to the mob and the officers trying to contain them b. Aggressive mob i. Will attack, riot, and terrorize others ii. Goal is the destruction of property and physical attacks on others iii. These acts seem to feed off of each other and increase in severity until the mob is stopped c. Acquisitive (i.e., looting) mob i. Has the desire to acquire something for free; loot for things such as food or merchandise ii. May also try to take the officer hostage d. Expressive mob i. Is expressing intense feelings or revelry ii. Usually follows some special event (e.g., rival football game) iii. Can be very destructive Basic Concepts of Perimeter Crowd Control: - Answer 1. Linear Strategy - Deploys police forces as a blocking force along a roadway or geographical barrier perpendicular to access routes into the impacted area 2. Cordoning - Surrounding a problem area by using linear strategy to seal off access on all sides 3. Sectoring - Dividing the cordoned off area into smaller size units in which control can be re-established sector by sector once enough police resources are assembled to regain control Common Uses for Mobile Field Force: - Answer 1. To control unruly crowds, whether hostile or passive 2. To seal off problem areas, regardless of size 3. To rescue citizens or officers from crowds 4. To clear an area of hostile individuals by use of proactive tactics 5. To apprehend multiple offenders a. Keys to successful use of field force i. Pre-planning The Color Code and Each Associated Agent that may be used by Law Enforcement Agencies: - Answer 1. HC (i.e., smoke) a. Labeling color code - Yellow b. Produces a thick, heavy cloud of smoke c. Uses i. Cover for tactical movement ii. Checking wind direction iii. Used with other chemical agents to hold that agent closer to the ground iv. Helps carry other agents further d. Odor ranges from none to sweet smell e. Psychological effects - slight irritation to the eyes and respiratory system 2. CS a. Labeling color code - Blue b. Lachrymator c. Has a pepper odor OPOTA 2022-2023 Latest Exam d. It is manufactured from two chemicals that form a wet, flaky powder and is classified as an irritant e. Incapacitation time factor i. Effective in 3-5 seconds ii. More potent that OC f. Characteristics i. 30-45 minute effective time ii. Subjects under chemical influences or those with a mental illness may react slowly iii. CS gas rises (i.e., apply low on a crowd and it will rise) g. Psychological effects i. Extreme burning of the eyes accompanied by copious flow of tears ii. Involuntary closures of the eyes; however, strong willed individuals may be able to overcome this response iii. Runny nose, sinus discharge, nasal drip iv. Stinging sensation on moist skin v. Tightness in the chest airways and throat that is sometimes described as feeling like a heart attack vi. Dizziness vii. Prolonged exposure can result in nausea and vomiting 3. OC a. Labeling color code - Orange b. Flammability i. Stream delivery products are non-flammable ii. Foaming products are flammable c. The effects are mostly evident within seconds after use and last approximately 30 minutes d. OC gas is heavier than air (i.e., apply it high and it will fall) e. Description i. Oily resin in a refined form ii. Odorless f. Psychological effects i. Burning and inflammation to 1. Exposed skin 2. Mucous membranes 3. Eyes 4. Nose ii. Causes involuntary eye closure g. General psychological effects i. Panic ii. Possible loss of will to fight 4. Possible health hazards of chemical agents (these hazards occur in very high concentrations) a. Can cause dehydration under heavy concentration b. Can cause chemical burns c. Death can result for people who have had heart, lung, or kidney problems d. Using wet towels as a mask may cause the skin to burn e. Repeated contact with some agents may cause skin inflammation f. Ingestion may cause nausea, vomiting, or diarrhea g. Temporary effects may be more severe on those persons who are asthmatic or suffer from emphysema OPOTA 2022-2023 Latest Exam h. May affect the elderly as well as small children more severely 5. Forms of chemical agent dissemination a. Micro-pulverized powder (i.e., explosion) i. Agent is disseminated in a dust cloud ii. Presents little or no fire hazard iii. May be deployed indoors and outdoors iv. Agents in expulsion form 1. CS 2. OC 6. Pyrotechnic (e.g., combustible that creates fire) a. Compressed agent cakes or pellets are combined with a pyrotechnic compound b. The pyrotechnic compound is ignited and the agent is carried in the smoke cloud c. Best used in outdoor deployments where there is a less risk of igniting fires d. Available in continuous discharge grenade form or canister form that can be fired from a 40mm launcher 7. Fog a. Outdoor deployment b. Heated formula creates a vapor to carry the agent 8. Liquid a. An agent is suspended in a liquid b. Agent is disseminated by evaporation or direct contact 9. Chemical agent delivery systems a. Grenades i. Types 1. Expulsion/blast dispersion a. Powdered agent b. Generates a dust cloud 2. Aerosol a. Fuse ignition delivers an aerosol fog b. Non-flammable 3. Pyrotechnic ii. Deployment 1. Hand thrown 2. Launched a. 12 gauge shotgun with launching apparatus Steps for Administering First Aid to an Individual Who Has Been Exposed to the Chemical Agent CS: - Answer 1. First aid a. Remove individual from the contaminated area b. Encourage the individual to remain calm c. Advise the individual no to rub his/her eyes d. Flush affected tissue area with clean, fresh water e. If the individual's condition is questionable, seek professional medical attention Steps for Administering First Aid to an Individual Who Has Been Exposed to the Chemical Agent OC: - Answer 1. First aid a. Remove individual from contaminated area b. Flush exposed tissue with clean, fresh water Sequence of Events: - Answer 1. The various events that make up a traffic crash; officers should ensure his/her investigation and report covers all of these events: a. Indicate the series of events in sequence for each vehicle/unit b. To describe the sequence of events, begin with the first crash event that applies to each traffic unit c. If the crash event began with a non-collision (e.g., motor vehicle leaves the roadway to the right), list the first event from the non-collision events category d. If the crash event began with a collision with a person, vehicle, or object not fixed (e.g., motor vehicle colliding with a motor vehicle in transport), list the first event from the collision with person, vehicle, or object not fixed e. A collision with a fixed object will occur after the first event f. Enter as many as six events for each traffic unit g. If the number of events exceeds six, include the first harmful event and the most harmful event, then list the next four most relevant events, giving preference to other harmful events h. Document what the traffic unit did or what it hit, not what the unit is (e.g., in a one vehicle collision where the vehicle hit a telephone pole, we can assume that the motor vehicle was in transport; if the vehicle did not hit another motor vehicle in transport, do not indicate "motor vehicle in transport" in the sequence of events section) i. Ask yourself the following questions to assist in filling out this section: i. What did this unit do? ii. What did this unit hit? j. The "07" or "separation of units" option should only be used when the vehicles involved were towing something (e.g., when the vehicle being towed is separated from the vehicle doing the towing) k. First harmful and most harmful should each be one of the six sequence of event options that you already chose Differences between Contact and Induced Damage: - Answer 1. Contact damage a. Caused by direct contact with some object which is not a part of the vehicle i. External contact damage most often appears as collapsed or deformed areas of vehicles, tears or punctures, scratches, or smeared material, transferred from one vehicle to another or one object to another ii. Internal contact damage is found inside the vehicle and is caused when vehicle occupants strike the dashboard, steering wheel, windows, or when objects within the vehicle strike interior parts of the vehicle b. Relating internal contact damage to injuries sustained by the vehicle occupants assists in determining the seating position of the occupants 2. Induced damage occurs when part of the vehicle is displaced a. Induced damage is often found adjacent to or around the contact damage and is caused by the forces of the contact damage b. While the area may not have contacted any other object, it was damaged by the force of the crash Evidence at the Scene of a Crash that should be Documented with Photograph's: - Answer 1. Officers should photograph everything that was damaged and all physical evidence 2. The entire sequence of events for OH-1 3. The approach to the crash scene OPOTA 2022-2023 Latest Exam OPOTA 2022-2023 Latest Exam a. Photograph the approach and the departure directions of all operators i. Photograph the view from the driver's perception point ii. View from the driver's reaction point iii. View from the driver's point of no escape b. Do the same for pedestrians 4. Surface marks on the roadway a. Photograph debris and marks left upon the roadway and other surfaces b. Photograph debris and roadway marks in the direction of movement the vehicle or object that made them was traveling 5. The area of impact (i.e., the area between the vehicles involved) 6. Final rest a. Show where the vehicles came to rest and in what position b. If victims or pedestrians are thrown clear of vehicles, photograph their final rest positions in the same way as a vehicle's final rest 7. Evidence from the scene a. Tire marks should be documented from the beginning of the mark to the end of the mark b. Photograph areas of the tire mark that explain a vehicle's movement (e.g., offset tire marks, the separation of front and rear tire marks) c. Photograph any traffic control devices d. Document the position of missing or damaged traffic signs e. Vehicle damage should be photographed at the scene as additional damage may occur when the vehicles are moved or removed from the scene of the traffic crash 8. To corroborate eyewitness statements, take photographs of the scene from his/her position and eye level Information an Officer Must Relay to a Defendant Concerning the Defendant's failure to Appear in Court at the Time Stated on the Affidavit or Pay for a Traffic Ticket: - Answer 1. The defendant's driver's license or commercial driver's license will be suspended 2. The defendant is not eligible for reissuance of a license or certification of registration until the person appears and complies with all orders of the court 3. The defendant remains subject to any applicable criminal penalties An Officer May Arrest, Rather Than Issue a Citation, for a Minor Misdemeanor If One of the Following Applies: - Answer 1. Offender requires medical care or is unable to provide for his/her own safety 2. Offender will not or cannot offer satisfactory proof of his/her identity 3. Offender refuses to sign the citation 4. Offender has previously been issued a citation for the commission of that particular misdemeanor and failed to satisfy obligations to appear An Officers Assumed Authority for Traffic Control: - Answer 1. R.C.2921.331(A) a. No person shall fail to comply with any lawful order or direction of any police officer invested with authority to direct, control, or regulate traffic Traffic Direction and Control Actions: - Answer 1. Use the information received from communications as well as your knowledge of the immediate area and beyond 2. Confirm your geographical location with dispatch 3. Perform a preliminary analysis of current situation OPOTA 2022-2023 Latest Exam 4. Identify actions required to mitigate the situation 5. Identify resources required to support those actions 6. Identify any unique safety situations as you arrive Methods of Controlling Traffic: - Answer 1. Let people know you are in command of the traffic situation 2. Starting and stopping traffic a. Look at and point directly at the driver b. Give clear directions by using arm movement c. Make certain that traffic is completely stopped before starting traffic in another direction d. Slow or timid drivers may be urged to speed up by increasing the rapidity of the arm movement; however, wild arm gestures and shouting may confuse nervous drivers 3. Turning movements a. Look at and point directly at driver b. Point in direction of the turn c. Be sure to stop the traffic coming in the opposite direction before allowing left turns 4. Pedestrian traffic a. Pedestrians are more difficult to control i. They tend to cross as will if you stop traffic thereby hindering turning movements ii. Talk to them so that they know you haven't forgotten about them Primary Responsibility of the First Responder to a Crime Scene: - Answer 1. Officer safety a. Although it may not immediately be apparent, be aware that the offender may still be at the scene and, if this is the case, apprehend him/her b. Keep in mind that the offender is a crime scene in him/her self c. In addition to human threats at crime scenes, you must consider other, not so obvious threats to your safety (e.g., biological hazards, chemicals, fumes, manufactured drugs, booby traps, and structural issues) d. If a weapon is present, you do not need to unload and secure it immediately unless there is a potential risk that the weapon may be touched by an unauthorized person e. While life saving actions always take precedence over evidence collection, you may have to conduct a protective sweep of the scene to ensure that an offender is not present before any life saving measures can take place 2. Rendering Aid a. Once the scene is deemed to be safe, there may be individuals on scene who need first aid b. In cases where aid must be rendered, it is often unavoidable that the crime scene is altered c. If aid is being rendered to individuals at the scene and objects are being moved within the scene, it is imperative that those actions are noted and documented d. Attempt to mitigate any damage done by EMT's through reasonable limitations that do not limit lifesaving procedures (e.g., escort them around the scene, limit how many come in, point out potential evidence, limit access points, prevent from discarding medical supplies) OPOTA 2022-2023 Latest Exam Describe Chain of Custody: - Answer 1. Labeling evidence a. Tags should be directly attached to the evidence packaging at the time of collection b. Tags should never be removed 2. Factors to show integrity of evidence in the chain of custody a. Evidence collected at a crime scene is the same as presented in court b. The item must not be altered or changed c. Chain must be maintained to document reasons why any party has dealt with the evidence 3. Information a chain of custody must reflect... a. Who found or had contact with the evidence b. To whom the evidence was given c. Reason the evidence was given to that person d. When and by whom the evidence was returned e. Where and how the evidence was stored until taken to court f. Any changes that were made to the evidence 4. Paperwork for chain of custody must remain with the evidence 5. Information that must be shown on an evidence tag... a. Date recovered b. Time recovered c. Exact location of recovery d. Report/case number e. Item number f. Thorough description of the item g. Recovering officer's initials/badge number h. Marked to show biohazard and/or sharp object i. Victim's name if known j. Type of crime What First Responders Should Ensure Before Collecting a Device That May Hold Electronic Evidence: - Answer 1. The scene has been secured and documented 2. Legal authority exists to seize evidence 3. Appropriate personal protective equipment is used Preserving Digital Evidence from Computers: - Answer 1. Collect any forensic evidence (e.g., DNA, fingerprints), if applicable 2. Photograph the surrounding area prior to moving any evidence 3. Photograph the front and back of the computer and make a diagram of any cords and connected devices 4. If the computer is off, leave it off. Do not power it on to begin searching it 5. If you reasonably believe the computer is destroying evidence (e.g., remote wipe, remote formatting of the hard drive), immediately shut down the computer by removing the power cord from the back of the computer 6. If the computer is a laptop, unplug from the power source (if necessary), remove the battery (if possible), attempt to force a shutdown by holding down the power button 7. If the computer is a laptop ... a. Unplug from the power source (if necessary) b. Remove the battery (if possible) c. Attempt to force a shutdown by holding down the power button 8. If the computer is on, contact should be made with a properly trained Computer Forensic Examiner/Analyst in order to determine how to proceed Preserving Digital Evidence from Mobile Devices: - Answer 1. "Dumb" phones (e.g., older cell phones, flip phones) a. Power off b. Remove battery c. Place in evidence bag d. Document chain of custody information on evidence bag 2. Smart devices (e.g., iDevice, Android) a. If it is powered off, leave it off b. If it is powered on and locked with a password i. Attempt to get password from suspect ii. Note date, time, and password type (e.g., 4-digit, alphanumeric) iii. Place in airplane mode, if available iv. Power off, if airplane mode is unavailable v. Document the chain of custody information on evidence tag c. If it is powered on and locked with a password (cont.) i. Place in Faraday Bag 1. If a Faraday Bag is not available, wrap the device in aluminum foil 2. Take to lab as quickly as possible, as battery life will drain quickly d. If the device is powered on and not locked with a password i. Place device in airplane mode which allows for no carrier connectivity, but still may have Wi-Fi connectivity to open networks ii. Because some phones have remote wiping programs, consider turning off the Wi- Fi connections iii. Disable password screens and auto lock, if possible iv. Power off, if airplane mode is unavailable v. Place in evidence bag; a Faraday Bag is preferred vi. Document chain of custody information on evidence tag vii. Take to lab for immediate acquisition because the batter life is draining 3. It is ok to use your agency camera to take pictures of evidence that is located on a computer or phone screen, but you should never use the suspect's or victim's phone to take screen shots of the evidence Preserving Non-Traditional Digital Evidence: - Answer 1. If you think electronic evidence may be stored on third party sites, you will need to send the company a letter of preservation immediately, so the data is not erased or altered by the user or company 2. Most social media sites will accommodate letter of preservation requests using the suspect's user name or email address; you will need to be specific on the dates and times you want preserved 3. Requests to preserve are sent under the authority of 18 U.S.C. 2703(f), and you can ask for anything (e.g., content, non-content) from the past to be preserved 4. You can only request data or content that was from the past; you cannot request information that has not been created yet (e.g., you cannot request all items the user posts starting tomorrow) 5. Under the Stored Communications Act, the providers must comply with the letter of preservation request and must hold the information for 90 days OPOTA 2022-2023 Latest Exam OPOTA 2022-2023 Latest Exam 6. An additional request to preserve will hold the information for an additional 90 days Crime Scene Photography Perspective/Viewpoints: - Answer 1. Overall establishing shots a. Depicts the general condition and layout of the scene b. Capture how the scene is oriented, where major visible landmarks (e.g., doors, furniture, bodies) are, and the condition of the scene prior to significant alteration c. Overall pictures are taken in two distinct fashions during crime scene processing i. The first occurs prior to the introduction of any scales or photo placards ii. Later, as you identify specific areas of evidence and placards are introduced, take another set of overall shots d. Corners and side approach i. Stand in each corner and take overlapping photographs ii. Stand at the sides and take perpendicular photos iii. Pictures should overlap approximately 30% iv. In addition to a set of photos from eye level, other angles may be needed to thoroughly document the scene 2. Midrange or evidence establishing shots a. Often times, the evidence consists of small items that will not appear as recognizable objects in the overall photos b. Provided with the overall and close up photos, the viewer has no means in determining where in the scene the item was located c. Frame the item in conjunction with some obvious landmark that is evident in the overall shots d. Unlike the name suggests, the pictures are not necessarily taken from a distance in the in the middle of the overall and close up shots; it is important to remember their purpose is to establish where the evidence is located in relationship to objects in overall shots 3. Close-up shots a. To achieve good quality close up shots, you mist fill the frame with the object b. Close up shots should be created with and without the evidence placards and scales present, if needed c. Extreme close ups, or macro shots, you mist fill the frame with the object Basic Procedures for Photographing Crime Scenes: - Answer 1. Establish a break between different scenes by using a title card or take a picture that contains identifying info at the beginning of the series (e.g., take picture of address first, take a picture of the car with front license plate first) 2. Document the entire scene using overall photos 3. Photograph all fragile items of evidence (e.g., footwear marks, bloodstain patterns on body) using both the evidence establishing and close-up shots 4. Place photo placards in the scene next to all items of interest and reshoot a second series of overall photos 5. Document all know evidence items with evidence establishing shots and evidence close-up shots 6. Use placards sequentially whenever possible to clearly differentiate the various items of evidence from one another (e.g., do not start with number two, then go to number five, and number 9; start with number one and progress sequentially) OPOTA 2022-2023 Latest Exam General Indicators of Narcotic Use: - Answer 1. "On the nod" (i.e., an alternately wakeful and drowsy state) 2. Droopy eyelids 3. Depressed reflexes 4. Dry mouth 5. Facial itching 6. Low/raspy speech 7. Fresh puncture marks may be evident Paraphernalia Associated with Heroin Use: - Answer 1. Tiny knotted balloons the size of a pencil eraser, syringes, spoons, cotton swabs, cigarette filters, pieces of foil bottoms of soda cans, gel capsules, folded paper bindles (e.g., lottery ticket cards), small squares cut from grocery bags, small containers of water, containers made to carry some or all of the paraphernalia General Indicators of Hallucinogen Use: - Answer 1. Hallucinations 2. Dazed appearance 3. Body tremors 4. Uncoordinated 5. Perspiring 6. Disorientation 7. Paranoia 8. Difficulty in speech 9. Nausea 10. Piloerection (i.e., goose bumps) General Indicators of Cannabis Use: - Answer 1. Marked reddening of the conjunctiva (i.e., white part of the eyeball) 2. Body tremors 3. Odor of marijuana 4. Disoriented 5. Relaxed inhibitions 6. Difficulty in dividing attention Paraphernalia Associated with Marijuana Use: - Answer 1. Rolling papers, cigars to make a "blunt," small plastic baggies, "stash cans," deodorizers, incense, pipes (e.g., metal, wooden, acrylic, glass, stone, plastic, ceramic), bongs, roach clips, vaporizing devices, cones, scented cigar or blunt wrappers, one hitters General Indicators of Dissociative Anesthetic Use: - Answer 1. Warm to the touch 2. Perspiring 3. Blank stare 4. Repetitive speech 5. Incomplete verbal responses 6. Confused 7. Muscle rigidity 8. Possibly violent and combative General Indicators of Inhalant Use: - Answer 1. Disorientation 2. Slurred speech OPOTA 2022-2023 Latest Exam 3. Residue of substance on hands, face, and/or clothing 4. Confusion 5. Possible nausea Sensory Perceptions Needed to Determine Reasonable Suspicion of Drug Use: - Answer 1. Sight a. Further investigate anything unusual or out of the ordinary i. Behavioral (e.g., nervous behavior, looking around, acting paranoid, displaying signs of drug use, evasion of peace officers) ii. Paraphernalia (e.g., cutting bottoms off aluminum cans, burn marks on foil, books on drugs, paper bindles, plastic baggies, film canisters) b. Can often get an idea of what is happening in your neighborhood by visiting the local convenience stores and looking behind the counter i. Glass roses ii. Chore boy display iii. Pipes or bongs for "tobacco use only" 2. Sound a. What the officer hears as they approach the scene b. What is being said around the community c. What the officer hears through intelligence reports d. Slurred, excited, or altered speech e. What is learned through informants 3. Smell a. Specific scents of drugs (e.g., marijuana, cocaine) b. Cover-up scents (e.g., incense, cologne, air fresheners) c. Odors associated with manufacturing (e.g., solvent, ammonia, sulfur) 4. Touch a. The U.S. Supreme Court has stated police may seize nonthreatening contraband detected through the sense of touch during a protective pat down search so long as the search stays within the bounds marked by Terry (i.e., Terry v. Ohio) b. Securing a suspect The Most Utilized Methods of Manufacturing Methamphetamine in Ohio: - Answer 1. On pot/Shake-n-Bake method 2. Red Phosphorous method 3. Birch reduction method General Indicators of Methamphetamine Labs: - Answer 1. Containers with layers of both liquids and solids 2. Containers with multiple layers of liquid 3. Containers with tubes or hoses attached When it comes to Clandestine Labs, Law Enforcement Officers are only Responsible for...: - Answer 1. Identifying what appears to be the components of a clandestine laboratory 2. They are not responsible for positive identification of clandestine laboratories Hazards Common at All Clandestine Labs: - Answer 1. Flammable atmospheres 2. Strong concentrated acids 3. Ignition sources OPOTA 2022-2023 Latest Exam 4. Toxic and poisonous gases 5. Dangerous individuals Simple Protocol for First Responders at Possible Clandestine Laboratories: - Answer 1. Do not touch anything 2. Do not sniff anything 3. Do not open anything 4. Follow agency policy/procedure Methods of Lineups: - Answer 1. Show up a. A police procedure in which a suspect is shown singly to a witness for identification, rather than as part of a lineup 2. Photo lineup a. Identification procedure om which any array of photographs, including a photograph of the suspected perpetrator of an offense and additional photographs of other persons not suspected of the offense, is displayed to an eyewitness for the purpose of determining whether the eyewitness identifies the suspect as the perpetrator of the offense 3. Live lineup a. An identification procedure in which a group of persons, including the suspected perpetrator of an offense and other persons not suspected of the offense, is displayed to an eyewitness for the purpose of determining whether the eyewitness identifies the suspect as the perpetrator of the offense Why Surveillance Should Be Conducted: - Answer 1. To verify the reliability of information, a tip, or complaint received 2. To protect a government official or other dignitary 3. To obtain sufficient evidence in order to make an arrest or to secure a search warrant 4. To aid in the apprehension of wanted persons or suspects 5. To prevent the commission of a crime 6. To determine locations or drop points of illegal or stolen items 7. To determine residences and hangouts of the surveillance target 8. To study the physical layout of a structure to assist in determining the most feasible method of conducting a raid or approach for an apprehension or rescue Surveillance Methods: - Answer 1. Mobile - Foot surveillance a. Plainclothes assignment i. Used when suspects are walking in public locations where they may meet with other suspects and/or make drops (e.g., drugs, money, information) ii. Is the most successful using multiple officers (e.g., three) 1. Surveillant A keeps a very close tail immediately behind the subject 2. Surveillant B Follows behind Surveillant A and the subject 3. Surveillant C observes from across the street parallel with the other two 4. If the subject turns a corner or enters a building, Surveillant A keeps walking and B or C picks up the tail iii. The target can be handed off to other officers if necessary iv. Often used during a dignitary or witness protection detail v. Usually, but not always, covert in nature b. Tactics OPOTA 2022-2023 Latest Exam 2. If the suspect gives up the right to remain silent, anything the suspect says can be used in a court of law against him or her 3. The suspect has the right to speak to an attorney and have an attorney present when being questioned by the police 4. If the suspect cannot afford one, an attorney will be appointed to represent the suspect before questioning begins Two Conditions for an Officer to Read the Miranda Warning to a Suspect: - Answer 1. The suspect is in custody AND 2. The suspect is being questioned/interrogated The Standard against Which a Waiver Will Be Judged When an Accused Waives his/her Miranda Rights: - Answer 1. The warning and waiver have been given and that the statements were made knowingly, voluntarily, and intelligently Fruits of the Poisonous Tree: - Answer (i.e., evidence that is obtained illegally) 1. If a confession is derived immediately from an unlawful arrest or illegal search, the confession is tainted and it may not be used against a suspect Questioning of a Suspect Who Has Previously Invoked Miranda Rights: - Answer 1. Once a suspect has been arraigned and has claimed counsel at the arraignment or preliminary hearing, the suspect may waive counsel's presence and provide officers with a statement pursuant to a valid waiver of Miranda 2. Police can further question a suspect who has previously been advised of his/her rights if a. The officer again advises the suspect of the Miranda rights and the suspect waives the rights AND b. The suspect expressly initiates the contact with officer 3. If there is a break in custody for interrogation purposes, police may initiate further questioning of a suspect 14 days after release from custody Public Safety Exception to the Miranda Warning: - Answer 1. Statements elicited from a defendant, as well as real evidence resulting from such statements, may be used in evidence even if the officers do not recite Miranda warning before asking questions if the officers' safety or the safety of others is in jeopardy Differences Between Eustress and Distress: - Answer 1. Eustress (i.e., good stress) a. Stress that has a positive motivating force that may lead to an increase in health and performance b. Examples are deadlines, competition, and specialized training opportunities c. From a positive standpoint, eustress is experienced as increased mental alertness and focus d. Positive stress tends to be short lived i. After the challenge is met, the body returns to its normal state ii. This allows the body to rest, recuperate, and reenergize to meet the next challenge 2. Distress (i.e., bad stress) a. Negative, dysfunctional force that may lead to disease and the deterioration of health OPOTA 2022-2023 Latest Exam b. Generally refers to job pressures and demands that trigger negative behaviors (e.g., losing your temper, yelling, excessive force, and/or drug/alcohol abuse) c. Negative stressors have the potential to: i. Cause anxiety or concern ii. Decrease overall performance d. May be short or long term e. Running from crisis to crisis with little time to rest and recover in between places the sufferer in a constant state of high readiness Critical Incident Stress: - Answer 1. Critical Incident Stress - Any event which has a stressful impact sufficient enough to overwhelm the usually effective coping skills 2. Trauma - an emotional response to a terrible event a. An event or combination of several events that overwhelms the ability to cope b. Trauma is so catastrophic that it may evoke symptoms in almost anyone regardless of background c. A normal reaction by a normal person to an abnormal event d. The response to trauma is different for every person 3. Possible responses following a critical incident a. Physical i. Fatigue, nausea, muscle tremors, twitches ii. Elevated blood pressure, headaches, thirst iii. Visual difficulties, grinding of teeth, weakness iv. Dizziness, profuse sweating, chills v. Vomiting, fainting vi. Seek immediate medical attention for 1) Chest pain, difficulty breathing, symptoms of shock b. Emotional i. Anxiety, guilt, grief, denial, severe panic ii. Emotional shock, fear, uncertainty, depression iii. Loss of emotional control, agitation, apprehension iv. Inappropriate emotional response, intense anger, feeling overwhelmed c. Cognitive i. Confusion, lack of attention span ii. Poor decision making, poor concentration/memory iii. Hypervigilance or lowered alertness iv. Difficulty identifying familiar objects or people v. Poor problem solving, poor abstract thinking vi. Loss of orientation or awareness of time, place, or person vii. Disturbed thinking, nightmares, intrusive images d. Behavioral i. Change in society, withdrawal, emotional outbursts ii. Increase/loss of appetite, suspiciousness, pacing iii. Change in communication skills, startle reflex iv. Increase in alcohol consumption, inability to rest v. Antisocial acts, nonspecific bodily complaints vi. Erratic movements, change in sexual functioning e. Spiritual i. Loss of sense of purpose ii. Loss of a belief in a just world iii. Withdrawal from faith iv. Anger at, or doubt the existence of, God v. Religious/spiritual hallucinations Cumulative Stress: - Answer 1) Cumulative Stress - stress arousal that slowly builds up over time and may lead to the erosion of coping mechanisms or to a state of mental exhaustion 2) Cumulative stress is a product of multiple stress events over a period and cannot be avoided 3) If each individual stress event is managed in a healthy manner, you can avoid the buildup of stress and the negative byproducts it creates 4) Sources that create cumulative stress can be both personal and professional Possible Stress Reactions During a Life-Threatening Encounter: - Answer 1. Fight a. In the position of fighting for your life or someone else's, you are already programmed to destroy that threat by any means possible b. Your body's autonomic nervous system is preparing for battle and/or attempting to minimize damage 2. Flight a. Chemical changes under high stress also produce a natural urge to get away from that threat as quickly as possible b. As animals of prey, we are programmed for speed and flight from danger c. This reaction can be very frustrating for officers, since many times we feel this is not an option 3. Freeze a. The overload of stress may cause the body to lock up b. Freezing may also be an attempt to not be perceived as a threat c. Much like the frustration with the flight response, this is not an option and can be overcome through proper training Individual Approaches to Stress Management: - Answer 1. Manage responsibility 2. Practice self-awareness 3. Have a balanced lifestyle 4. Apply stress reduction techniques 5. Take time for life 6. Humor When to Seek Assistance: - Answer 1. Individual coping skills are not working 2. Your friends or family notice emotional responses or behavior that differ from your norm 3. When you don't "feel like yourself" (e.g., disorientation, depression) 4. Suicidal or homicidal thoughts or plans Hazardous Materials Defined: - Answer Hazardous Materials - any item or agent (biological, chemical, radiological, and/or physical), which has the potential to cause harm to humans, animals, or the environment, either by itself or through interaction with other factors Weapon of Mass Destruction Defined: - Answer 1. Weapon of Mass Destruction (WMD) - any weapon or device that is intended to, or has the capability to cause OPOTA 2022-2023 Latest Exam OPOTA 2022-2023 Latest Exam iii. Frost or ice buildups near leak iv. Containers deformed by the force of an accident v. Activated pressure relief devices vi. Pinging or popping sounds from heat or cold exposed containers c. Chemical reactions i. Heat ii. Unusual or unexpected temperature drop iii. Extraordinary fire conditions iv. Peeling or discoloration of a container's finish v. Spattering or boiling of unheated materials vi. Distinctively colored vapor clouds vii. Smoking or self-igniting materials viii. Unexpected deterioration of equipment ix. Peculiar smells x. Unexplained changes in ordinary materials xi. Symptoms of chemical exposure d. Evidence of explosive devices i. Structural collapse ii. Blast pattern marks/craters iii. Fragmentation damage iv. Bomb components/fragments v. Witness accounts vi. Booby traps vii. Surrounding populations viii. Dispersion pathways ix. Suspicious persons around the scene 4. Maintaining situational awareness a. In a hazardous materials event, situational awareness is more than just a size-up of the incident- it is a continuous process i. Initial assessment ii. Interpreting signs iii. Assessing what is happening over the life of the incident iv. Predicting outcomes based on a plan of action b. Barriers to maintain vigilance i. Competing priorities ii. Distractions iii. Information overload c. The assessment i. Must be accomplished from a safe distance ii. From an uphill and upwind position iii. If it cannot be accomplished, just coordinate the response and wait for trained personnel 5. Be vigilant for potential ignition sources in areas adjacent to the incident a. Vehicles (parked and moving) b. Open flames (e.g., flares, pilot lights) c. Lightning or static discharges d. Electrical sources (e.g., downed power lines) Clues to Aid in Hazard Identification: - Answer 1. Occupancy/location 2. Containers 3. Markings and colorings 4. Placards/labels a. Placards are usually on bulk containers, diamond shaped, and 10 ¾ inch square b. Labels are similar to placards in appearance and must be securely affixed to packages containing hazardous materials. They are designed for non-bulk packages 5. Shipping papers/Safety Data Sheets (SDS)/Facility pre-plans a. Shipping papers (e.g., orders, bills of lading, and manifests) i. Provides a record of what is being transported ii. Provides first responders with necessary information for emergency response iii. Are required for every mode of transportation iv. Should only be checked when you know that a close approach of the incident is safe b. Basic description will follow a sequence best remembered by the acronym ISHP i. I = Identification number - identified in the Hazardous Materials Table ii. S = Shipping name (proper) - Identified in the Hazardous Materials Table iii. H = Hazard Class or division iv. P = Packing group, identified in Roman Numerals, when required 6. Safety Data Sheets (SDS) stand-alone from shipping papers and provide specific information on individual product hazards, safety precautions, and the manufacturer's contact information 7. Senses/employees/witnesses a. A first responder's scenes can assist in detecting the presence of hazardous materials i. Smell 1. Odors such as rotten fruits, eggs, and freshly cut grass are characteristics of certain hazardous materials 2. Clandestine drug labs produce distinct odors dependent on the chemicals used in manufacturing the illegal substance 3. Some of these can rapidly desensitize one's sense of smell ii. Sight 1. Color of smoke and flame iii. Feel 1. Irritation of the eyes or skin iv. Hearing 1. Hearing can be the most important senses as sounds of hissing, fizzing, and whistling are all indicators of an escaping gas or a reaction 2. A high-pitched sound could indicate an immediate Boiling Liquid Expanding Vapor Explosion (BLEVE) 3. These same sensory experiences had by employees and witnesses should be uncovered through initial questioning on the scene and can be valuable information to help prevent additional exposure Principals of Scene Security of a Hazardous Material Incident: - Answer 1. Scene security is isolating and protecting the area by prohibiting access 2. May move un-injured, un-contaminated people to outside of the emergency area 3. Anyone inside the area will have to be contained until better equipped responders arrive for decontamination of exposed persons Recognizing the Need for Additional Resources: - Answer 1. When first responders realize the incident they have responded to involves hazardous materials, they must communicate all information gathered during the approach and the initial scene survey to dispatch or the command post (if it has been established) on a dedicated radio frequency a. Provide responding agencies with timely and accurate information i. Other agencies can be tapped for additional resources 2. Potential responding agencies a. Fire b. Various law enforcement agencies c. Emergency Medical Services d. Hazardous material response teams e. FBI (if WMD related incidents) f. EPA g. Public health agencies h. Public Utilities Commission i. Environmental clean-up companies 3. Other necessary information (if applicable and available includes: a. The chemical name b. Associated placard or U.N. number c. Weather conditions and wind direction d. Status of hazardous material container(s) (e.g., stable, leaking, burning) e. The location impacted f. Victim's injuries Initiation of the Incident Command System: - Answer 1. ICS is mandated by federal law (OSHA rule 1910.120) for scene management a. Most effective tool for scene management b. Due to the many agencies that will respond to an emergency, it is imperative that all responders understand a common command system and structure c. This saves time and allows individual agencies to focus on a common goal d. As soon as practical after the onset of an incident, the first responder must establish an ICS and a command post e. A complete summary of actions taken to the point of the ICS commander taking control must be communicated to the ICS commander so he/she may grasp the situation status f. That official is then in charge of the scene and should brief other first responders on the scene Agent Categories Most Likely to Be Encountered by First Responders: - Answer 1. C - Chemical 2. B - Biological 3. R - Radiological 4. N - Nuclear 5. E - Explosive Emergency Decontamination Procedures: - Answer 1. First responders should be aware of the decontamination procedure should they be required to undergo the procedure or start the process for another 2. Regardless of the many variables that may be encountered in an incident. The basic principles of any decontamination operation are easy to remember and summarize a. Typically youthful or immature offenders b. Drawn by excitement and noise c. May stay and watch the device explode d. Many construct incendiary devices and use readily available materials 3. Vandalism a. Commits destruction for the sake of the act itself b. Many are amateurs c. May be experimenters and are usually juveniles 4. Profit a. Used for direct or indirect profit b. May be criminal element (e.g., insurance fraud) c. Normally sophisticated and incendiary in nature 5. Emotional release a. Usually have a mental illness b. May have sexual connotations related to the bombing itself 6. Revenge a. Closely associated with the emotional release bombers b. May be motivated by real or imagined transgressions by the target with some being domestic related c. Usually well-constructed devices and are victim operated 7. Recognition a. Individual creates devices to become a hero b. Occasionally these bombers are found among public safety personnel who attempt to increase their stature by being first on the scene Three Types of Bomb Search Teams - Answer 1. Occupant team - most common a. Best method for a rapid search b. An immediate source of assistance for searching the facility c. Personnel are familiar with the area to be searched and know what does or doesn't belong d. Occupants cannot be compelled to search and must be warned of the dangers e. Are not usually trained in search procedures and are not as thorough as a trained team 2. Supervisory team a. Is a fast approach and least disruptive to area b. Is best type with a covert search c. Supervisors may not be as familiar with the area so the searchers may not know what does or doesn't belong d. It is easier to train a small number of supervisor than the whole staff 3. Trained team a. Made up of personnel trained in bomb search techniques b. The best trained team is made up of personnel from the target facility i. A proactive training program should be conducted with personnel from vulnerable targets (e.g., schools, court) ii. Even when personnel from the facility are not trained, someone from the target facility should accompany searchers to provide advice iii. Usually the most thorough team iv. May be augmented with police or fire personnel Procedures for When a suspicious Item Is Found - Answer 1. It is imperative that personnel involved in a search understand that their role is only to search for and report suspicious objects 2. Under no circumstances should anyone move, jar, or touch a suspicious object or anything attached to it - always suspect the device is armed and ready to fire 3. Communicate clear instructions to anyone in the area of the device and prevent others from approaching 4. Do not use radios or cell phones in the immediate vicinity of a suspected item (e.g., threat of RCIED) 5. Notify other search teams and suspend search 6. Secure area where item is located, but do not guard it (i.e., stay away from the item) 7. Always be aware of secondary devices - they are usually targeted towards first responders 8. Begin evacuation procedures 9. Notify fire, emergency medical services, and bomb squad Elements of Terrorism - Answer 1. Commit a specified offense with purpose to... 2. Intimidate or coerce a civilian population, or... 3. Influence the policy of any government by intimidation or coercion, or... 4. Affect the conduct of any government by the specified offense Common Beliefs among Sovereign Citizen Extremists - Answer 1. Believe the government has no authority over individuals and they are not bound to statutory law 2. They may call themselves "freemen" or "common law citizens" 3. Since they believe they are sovereign, some believe their crimes and threats to be legal actions 4. Many sovereign citizens reject all forms of government licensing (e.g., driver licenses, vehicle registration) and stop paying taxes Indicators of a Sovereign Citizen Extremist Encounter - Answer 1. First, officers should recognize that the mere claim of being a sovereign citizen is not a crime; however, some law enforcement encounters with sovereign citizens have proven to be dangerous and even deadly 2. Officers should take extra precaution when coming in contact with a perceived sovereign citizen 3. A common way to encounter a sovereign citizen is a traffic stop. Indicators of potential sovereign citizen encounters during traffic stops are unusual license plates bearing terminology such as... a. UCC Followed by numbers b. Republic of (state) c. Diplomat (no country listed) d. A fictitious country or Native American tribe e. DOT f. Postmaster g. Constitution or constitutionalist h. Exempt 4. Unusual behavior during the stop a. Refusal to lower window or only slightly lower it b. Refusal to show driver license c. Produce legal-like paperwork instead of vehicle registration d. Make a recording of the encounter e. Provide only his/her first name or refuse to provide name entirely f. Sign citation with: i. TDC (i.e., threat, duress, and coercion) ii. UD (i.e., under duress) iii. "Without Prejudice" 5. Unusual conversation and statements a. Claim a driver license is not needed b. Say he/she is a freeman traveling upon the land c. State he/she is not engaged in business and not using the vehicle commercially d. State the officer has no right to speak with him/her e. Order the officer to provide his/her oath of office documentation f. Claim he/she is opening under "God's laws," not "man's laws" g. Claim his/her actions are supported by the Uniform Commercial Code h. Attempt to read the officer his/her "rights" i. State he/she is a diplomat j. Tell the officer to expect to be billed for taking his/her time k. Might ask the officer, "Has a complaint been made against me?" 6. Property rights beliefs commonly held by many sovereign citizens a. They can do what they please with their land b. Their property is an "embassy" c. Their property and vehicles are not subject to search by police and may pot waring notes stating such d. Often refuse to permit public officials and others on to their property (e.g., police, meter readers) i. Threaten to shoot trespassers ii. Post threats specific to law enforcement Indicators and Behaviors of Potential Criminal or Noncriminal Activities Requiring Additional Information During Investigation - Answer 1. Eliciting information a. Questioning individuals or otherwise soliciting information at a level beyond mere curiosity b. Usually about particular facets of a facility or building's purpose, operations, security procedures, etc., in a manner that would arouse the suspicion or other criminality in a reasonable person c. Testing or probing security - deliberate interactions with, or challenges to, installations, personnel, or systems that reveal physical, personnel, or cyber security capabilities in a manner that would arouse suspicion of terrorism or other criminality in a reasonable person d. Recruiting/financing - providing direct financial support to operations teams and contacts or building operations teams and contacts, compiling personnel data, banking data, or travel data in a manner that would arouse suspicion of terrorism or other criminality in a reasonable person e. Photography - taking pictures or videos of persons, facilities, buildings, or infrastructure in an unusual or surreptitious manner that would arouse suspicion of terrorism or other criminality in a reasonable person f. Examples include taking pictures or video of infrequently used access points, the superstructure of a bridge, personnel performing security functions (e.g., patrols,