Definitions

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Author:
jong
ID:
37174
Filename:
Definitions
Updated:
2010-11-27 01:35:21
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Definitions
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Description:
WA Criminal Law
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  1. CHILD - DISCIPLINE
    • Discipline of Child Must be REASONABLE & MODERATE
    • AND be used by Parent, Teacher, Guardian
    • AND Must be for Restraining or Correcting the Child [NO Threatening w/ Deadly Weapon, No Choking, Throwing, Kicking, Closed Fist WITH ONLY Transient Pain or Minor Temporary Marks]
    • 9A.16.100
  2. Aguilar-Spinelli: Two Prong Test
    • Is the information reliable?
    • Is the information credible?
  3. Community Care Taking
    A reason to talk to Someone; Search Someone (officer protection), Pullover someone (can’t run plates drivers license). A Seizure less contact which requires no particular threshold of information to initiate.
  4. Criminal Conspiracy
    Takes a Hands-on Role
  5. Criminal Solicitation
    Takes a Hands-off Role, Supplies the money
  6. Great Bodily Harm
    Injury which is Significant/Permanent OR Deadly
  7. Deadly Force
    RCW 9A.16.010, states, "The intentional application of force through the use of firearms or any other means reasonably likely to cause death or serious physical injury."
  8. Exigent Circumstances
    • (1) Immediate danger to the officer or public
    • (2) Immediate danger of escape
    • (3) Hot Pursuit
    • (4) Immediate threat of evidence being destroyed?
  9. Ferrier Warnings (Suspect drugs)
    • Three Prongs include:
    • (1) Stop search
    • (2) Limit search
    • (3) You don’t have to allow search.?
  10. Great Bodily Harm
    Injury which is Significant/Permanent OR Deadly?
  11. Hours of Darkness
    • Hours of darkness are from one-half hour after sunset TO one-half hour before sunrise
    • OR Any time when People OR Objects may not be clearly discernible at a distance of 500 ft
    • 46.04.200
  12. Necessary Force
    9A.16.010, states, No reasonable effective alternative to the use of force appeared to exist and that the amount of force used was reasonable to affect the lawful purpose intended.·
  13. Pre-text Contact
    The police use a legal justification (such as a traffic infraction) in order to stop and contact a citizen for a unrelated more serious offense criminal act) for which the officer did not have the reasonable suspicion or PC by which to otherwise make the contact.
  14. Protected People List
    • 8 Categories:
    • Race
    • Color
    • Religion
    • Ancestry
    • National Origin
    • Gender
    • Sexual Orientation
    • Handicap
  15. Restrain
    Means to restrict a person’s movements without consent* and without legal authority in a manner which interferes substantially with their liberty.

    *NOTE: By Physical Force, Intimidation, Deception, Acquiescence (agreement by minor)?
  16. Steagald Rule
    Officer may not enter home of 3rd party to make an arrest unless a search warrant for third party home has been issued, consent has been given or there are exigent circumstances.
  17. Any Person may be Detained at a business if:
    • Reasonable time
    • AND For purpose of being questioned by police or employee
    • AND Have reasonable grounds believe the person committed theft on premises
  18. DV Questions
    • 3 DV Questions
    • (1) Is there a crime*?
    • (2) Is it a family/Household relationship?
    • (3) Is it a mandatory arrest?

    • *NOTE: Crime was Assault with injury OR Action to cause Fear of Imminent Serious Bodily Injury/Death
    • OR Qualifying violation of court order (not all violations trigger mandatory arrest).
  19. DV Questions
    • 3 DV Questions
    • (1) Is there a crime*?
    • (2) Is it a family/Household relationship?
    • (3) Is it a mandatory arrest?

    • *NOTE: Crime was Assault with injury OR Action to cause Fear of Imminent Serious Bodily Injury/Death
    • OR Qualifying violation of court order (not all violations trigger mandatory arrest).
  20. DV Mandatory Arrest Rules
    • Arrest* occurs within 4 hours of the DV assault
    • •Subject is 16 yrs old (or older)
    • Significant Relationship**
    • •A Felonious Assault has occurred:
    • (i.) An assault has occurred which has resulted in Bodily Injury to the Victim, whether the injury is observable by the responding officer or not
    • OR
    • (ii.) That any physical action has occurred which was intended to cause another person reasonably to fear imminent Serious Bodily Injury OR Death.

    • *NOTE: Arrest: When the officer has PC to believe that two parties have assaulted each other, the officer is not required to arrest both persons. The officer shall arrest the person whom the officer believes to be the primary physical aggressor. To help determine the primary aggressor:
    • (1) The intent to protect victims of DV
    • (2) The comparative extent of injuries inflicted or serious threats creating fear of physical injury
    • (3) The history of domestic violence b/t the persons involved.

    • **NOTE: Significant relationships (any of the following):
    • Child in Common – Any ages
    • OR Marriage – Any age
    • OR Parent/Grandparent/Step-Parent VS Child – Any Age
    • OR Adult Roommates – At least 18 yrs old
    • OR Blood relationship – At least 18 yrs old
    • OR Significant dating relationship – At least 16 yrs old
  21. BASIC NECESSITIES OF LIFE
    • 5 CATEGORIES INCLUDE:
    • Food
    • Water
    • Shelter
    • Clothing
    • Medically Necessary Healthcare
  22. Abandon
    Means leaving a Child or Other Dependent Person WITHOUT the Means OR Ability to obtain one or more of the ‘Basic Necessities’ of life.
  23. Dependent Person
    • Means a Person who because of a Physical Disability
    • OR Mental Disability
    • OR because of extreme Advanced age
    • AND is dependent upon another for the Basic Necessities of Life (Includes - Resident of nursing, Adult home OR Frail elder)
  24. Reckless Endangerment
    Conduct Creates Risk of Death OR Serious Injury to Another.
  25. Withholding
    I have them (i.e. Necessities) but I’m going to Withhold (i.e. deny)them from you.
  26. Bodily Harm defined...
    • 9A.04.110.4a, states, "Bodily injury," "physical injury," or "bodily harm" means physical pain or injury, illness, or an impairment of physical condition;
    • IN LAYMAN'S TERMS: Scratch/Bruise, Physical Pain or Injury,
    • OR BAND AID
  27. Substantial Bodily Harm defined...
    • 9A.04.110.4b, states, "Substantial bodily harm" means bodily injury which involves a temporary but substantial disfigurement, or which causes a temporary but substantial loss or impairment of the function of any bodily part or organ, or which causes a fracture of any bodily part;
    • IN LAYMAN'S TERMS: Bodily Injury Temporary Loss, or Impairment,
    • OR TRIP TO THE HOSPITAL / FRACTURE
  28. Great Bodily Harm defined...
    • 9A.04.110.4b, states, "Great bodily harm" means bodily injury which creates a probability of death, or which causes significant serious permanent disfigurement, or which causes a significant permanent loss or impairment of the function of any bodily part or organ;
    • IN LAYMAN'S TERMS: Permanent Loss or Death
  29. BARRK FELONY'S
    • Burglary 1st
    • Arson 1st & 2nd
    • Rape 1st & 2nd
    • Robbery 1st & 2nd
    • Kidnapping 1st & 2nd
    • If someone dies during commission of ANY of these BARRK Felony’s = Murder 1st
  30. 3 Types of Alcohol
    • ETHYL (or Grain) - which we drink
    • Methyl (or Wood) - which is very poisonous
    • Isopropyl (or Rubbing)
  31. Exigent Circumstances
    • 1. Immediate Danger to the Officer OR Public
    • 2. Immediate Danger of Escape
    • 3. Hot Pursuit
    • 4. Immediate Threat of Evidence being Destroyed

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