nights

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Author:
kylefromnekoosa
ID:
158320
Filename:
nights
Updated:
2012-06-12 01:45:06
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nights
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nights
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  1. # of days to execute a search warrant
    5
  2. How long do you have to return a SW?
    3 court business days
  3. Fruits of a Crime
    Property that has been stolen or embezzled
  4. Instrumentalities
    Property used as a means of committing a public offense
  5. Contraband
    Property, the mere possession of which is a violation of law
  6. 5 Lawful Searches
    Consent, Incident to Arrest, Search Warrant, Emergency Exceptions, Vehicle/Mobile Exigency
  7. 13-1902.A
    • Robbery
    • In the course of taking any property of another from his person of immediate presence and against his will, such person threatens or uses force against any person with intent either to coerce surrender of property or to prevent resistance to such person taking or retaining property
  8. What class is Robbery?
    F4
  9. 13-1903.A
    • Agg. Robbery
    • If in the course of committing 1902, such person is aided by one of more accomplices actually present
  10. What class is Agg. Robbery?
    F3
  11. 13-1904.A1/A2
    • Armed Robbery
    • A1. Armed with a deadly weapon
    • A2. Uses or threatens to use a deadly weapon or dangerous instrument or a simulated deadly weapon
  12. What class is 1904?
    F2
  13. 13-1204.A1
    • Agg. Assault
    • Causes serious physical injury
  14. 13-1204.A2
    • Agg. Assault
    • Uses a deadly weaspon or dangerous instrument
  15. 13-1204.A3
    • Agg. Assault
    • Commits the assault by any means of force that causes temporary by substantial disfigurement, temporary but substantial loss or impairment of any body organ or part or a fracture of any body part
  16. 13-1204.A4
    • Agg. Assault
    • Commits the assault while the victim is bound or otherwise physically restrained or while the victim's capacity to resist is substantially impaired
  17. 13-1204.A5
    • Agg. Assault
    • After entering the private home of another with the intent to commit the assault
  18. 13-1204.A6
    • Agg. Assault
    • If the person is 18 or older and commits the assault on a minor under 15 years of age
  19. 13-1204.A7
    • Agg. Assault
    • Commits the assault as prescribed by 1203.A1 or 1203.A3 and the person is in violation of an OOP
  20. 12-1204.A8A
    • Agg. Assault
    • Commits the assault knowing or having reason to know the victim is a Police Officer
  21. Culpable mental states
    • Intentionally
    • Knowingly
    • Recklessly
    • With Criminal Negligence
  22. Define intentionally
    With respect to a result or to conduct described by a statute defining an offense, that a person's objective is to cause that result or to engage in that conduct
  23. Define knowingly
    With respect to conduct or to a circumstance described by a statute defining an offense, that a person is aware or believes that the person's conduct is of that nature or that the circumstance exists. It does not require any knowledge of the unlawfulness of the act or omission
  24. Define recklessly
    A person is aware of an consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that disregard of such risk constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation
  25. Define w/ criminal negligence
    A person fails to perceive a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation
  26. Elements of plain view
    • Lawful presence in a 4th amendment protected area
    • Item is in plain view
    • Immediately recognizable as evidence or contraband
  27. 13-2321
    Participate in or assist a criminal street gang
  28. 13-2321.B
    Assisting a criminal street gang by committing any felony offense, whether completed or preparatory for the benefit of, at the direction of, at the direction of, or in assocation with any criminal street gang
  29. What class is 13-2321.B
    F3
  30. What class is 13-2321.A?
    F2
  31. 13-709.02
    Offenses commited with intent to promote, further, or assist a criminal street gange
  32. Sentencing increase for 13-709.02?
    • 3 years if class 4, 5, or 6
    • 5 years if class 2 or 3
  33. Case management actions
    • CBA
    • Admin Clearance
    • Unfounded
    • Inactivated
    • Exceptionally Cleared
    • Return to ECC Status
  34. Define CBA
    Suspect identified and complaint issued
  35. Define Admin Clearance
    Incidents do not involve a criminal matter
  36. Define Unfounded
    Case was investigated, no criminal act occurred
  37. Define Inactivated
    • Cases have reached point of impasse
    • All leads exhausted, info given is insufficient to identify a suspect
  38. Define Exceptionally Cleared
    • Suspect known, victim not willing to aid
    • MCAO declines to pursue
  39. 13-1203.A1
    • Assault
    • Intentionally, knowingly, or recklessly causing any physical injury to another person
  40. 13-1203.A2
    • Assault - Apprehension
    • Intentionally placing any person in reasonable apprehension of imminent physical injury
  41. 13-1203.A3
    • Assault, Touch
    • Knowingly touching another person with the intent to injure, insult or provoke such person
  42. Preparatory offenses
    • Attempt
    • Solicitation
    • Conspiracy
    • Facilitation
  43. Unlawful Imprisonment
    • 13-1303.A
    • A person commits unlawful imprisonment by knowingly restraining another person.
  44. What class if Unlawful Imprisonment?
    Unlawful imprisonment is a class 6 felony unless the victim is released voluntarily by the defendant without physical injury in a safe place prior to arrest in which case it is a class 1 misdemeanor.
  45. Kidnapping
    • 13-1304.A.
    • A person commits kidnapping by knowingly restraining another person with the intent to:
    • 1. Hold the victim for ransom, as a shield or hostage; or
    • 2. Hold the victim for involuntary servitude; or
    • 3. Inflict death, physical injury or a sexual offense on the victim, or to otherwise aid in the commission of a felony; or
    • 4. Place the victim or a third person in reasonable apprehension of imminent physical injury to the victim or the third person; or
    • 5. Interfere with the performance of a governmental or political function; or
    • 6. Seize or exercise control over any airplane, train, bus, ship or other vehicle.
  46. What class is Kidnapping?
    Kidnapping is a class 2 felony unless the victim is released voluntarily by the defendant without physical injury in a safe place before arrest and before accomplishing any of the further enumerated offenses in subsection A of this section in which case it is a class 4 felony. If the victim is released pursuant to an agreement with the state and without any physical injury, it is a class 3 felony. If the victim is under fifteen years of age kidnapping is a class 2 felony punishable pursuant to section 13-705. The sentence for kidnapping of a victim under fifteen years of age shall run consecutively to any other sentence imposed on the defendant and to any undischarged term of imprisonment of the defendant

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