NC BLET State Exam Study Guide with

176 Questions and Verified Answers

State the function and purpose of civil process. Answer Primary function: 1. Giving
notice 2. preserving the status quo. 3. Providing remedies for parties. 4. Enforcing
decisions of the courts.

State the purpose of civil process Answer Civil actions, there is no arrest or issued
citation. Non- criminal actions, there must be a way to notify the defendant that claims
that have been alleged against them by the plaintiff and what the must do to respond.

State how to access the North Carolina administrative office of the court's standard
forms for civil process and describe the standard fee for service of that process by law
enforcement. Answer The referenced form number can be entered in the form number
field on the AOC'S webpage and a copy of that civil process will be retrieved in fillable
PDF format.

Standard fees for services of the process: Answer If a law enforcement officer is serving
items of the civil process there is a 30.00 fee for service to be collected in advance. This
fee is the fee per party to be served by the item of civil process. Only 1 party only 30.00
is collected however 1 item of the civil process is to be served on two parties a fee of
60.00 is collected 3 parties is a fee of 90.00

Identify the various types of civil process as provided in the lesson plan. Answer 1.
Magistrate's summons (aoc-cvm-100)
2. Civil summons ( aoc-cv-100)
3. Special proceeding summons( aoc-sp-100)
4. partition proceedings summons ( aoc-sp-101)
5. notice of hearing- power of sale forecloser.
6. Juvenile summons ( undisciplined/delinquent) ( aoc-j-340)
7. juvenile summons ( abuse/neglect/dependent) ( aoc-j-142)
8. Summons in proceeding to terminate parental right( aoc-j-208)
9. subpoena (aoc-g-100)
10. domestic violence (50 b) civil process
11. civil no contact ( 50-c) civil process
12. workplace violence prevention civil process.

State what is required for select types of civil process to be considered valid Answer
[Link] of the complaint or petition and all other necessary court documents
[Link], must be served on each name defendant
[Link] on the aoc form to the check the governing statue to determine what must be
attached and served
4. enough copies included to be served on each of the parties named for service.

State how to properly serve the civil process on the different types of parties to a civil
suit, beginning with an ordinary civil summons and then moon g on to special item of
civil process. Answer 1. Ordinary civil summons: is personal service , leaving copy of
the complain and summons at the defendants home with someone of suitable age and (
mentally competent) or specified agent.

Demonstrate how to make a proper return of the civil process Answer the sheriff must
certify in his return that the process has been served, showing the place, time, and
manner of service this answers the questions of who, where, why , what, how, when.

State the time limits for service of various types of civil process and demonstrate how to
compute the time limit in which to serve civil process. Answer 1. ordinary civil
summons= 60 days from the date it is issued.
2. Magistrate summons= 60 days, served no late than 5 days before the date scheduled
for hearing.
3. Magistrate summons in a summary ejectment action= 5 days form the issuance of the
summons and at least 2 days before the date of the scheduled hearing
4. juvenile summons ( undisciplined/ delinquent)= served not less than 5 days before
the scheduled hearing. after 30 days if not served it should be immediately returned to
the issuing clerk.
5. Juvenile summons ( abuse/ neglect/ dependent)= served not less than 5 days before
the scheduled hearing date.
6. Notice of hearing the foreclosure under power sale= served not less than 10 days, via
posting must be done lo later than 20 days.
7. domestic violence civil summons= expire after 60 days.

as provided in the lesson plan identify the following prejudgment remedies. Answer
[Link]= seizure of a debtor's real or personal property sufficient in amount to
satisfy a judgment.
[Link]= proceeding is to discover and subject to attachment tangible personal
property of the defendant, not in his/ her possession, but the possession of another
person and any indebtedness
3. claim and delivery= is to claim the immediate delivery of certain specified personal
property.
.

identify the post- judgment remedy of execution Answer 1. executions against the
property: the sheriff is to seize the personal property to sell to satisfy the outstanding
judgment. 2. executions against the person: civil order for arrest and are very specific in
nature and rare. issued when there is reason to believe the judgment debtor is about to
flee the jurisdiction to avoid paying the judgment or has concealed assets to defraud
creditors. 3. executions for delivery of specific property: execution is against property
which requires levy on and sale of personal or real property to satisfy a judgment.
As provided in the lesson plan identify the reoccurring issues with the following
circumstances Answer 1. Bankruptcies= defendant has filed for bankruptcy protection
the deputy should not attempt to service the summons.
2. repossessions: call about a vehicle theft in progress, or about 2 people arguing over
a vehicle and the call turns out to be an attempted repossession.
3. evictions: occasionally a hotel guest may refuse to leave the lodging if the occupant is
not a guest but a residential tenant the occupant can only be removed through summary
ejectment procedures.
4. child custody order: one parent is granted custody of the child to the exclusion of the
other parent or parents have joint custody and one parent is nor complying with the
court order.

Define human trafficking according to federal and state law. Answer Human trafficking
commonly referred to as "modern-day slavery" is a global phenomenon that involves
obtaining or maintaining the labor or services of another through the use of force, fraud,
or coercion, in violation of an individual's human rights.

Define sex trafficing Answer the recruitment, harboring , transportation, provision or

obtaining of a person for the purpose of commercial sex act in which the commercial
sex act is induced by force, fraud , or coercion, or in which the person induced to
perform such act is under 18 years of age.

compare and contrast human trafficking and human smuggling. Answer The key
distinction between human trafficking and smuggling lies in the individual's freedom of
choice.
A person may choose and arrange to be smuggled into a country, but when a person is
forced into a situation of exploitations where their freedom is taken away they are a
victim of human trafficking

Define and describe the dynamics of human trafficking and thier traumatic effects upon
victims. Answer operate on a small, local scale with one trafficker and one victim where
there is a little or no connection with other traffickers to a large-scale international
business with many different players involved in the trafficking.
trauma= coping or survival mechanisms may result in the victim feeling loyalty gratitude
or dependence upon an individual related to the trafficking operation

as provided in the lesson plan identify various forms of exploitations associated with
human trafficing Answer [Link] exploitations: brothels, massage parlors,
phonography productions, street prostitution
[Link] exploitations: agricultural, cleaning services, construction, domestic servitude,
exotic dancing, factory, restaurant work
3. service marriage ( mail order brides) some trafficking hide their operations by posing
as marriage brokerage services.

state the strategies for victim identification Answer 1. domestic violence crime
2. labor disputes
3. prostitution and pimping offenses
4. shoplifting
5. cases of assault.

identify and discuss methods of effective response to human trafficking as provided in

the lesson plan Answer [Link] approach: may uncover trafficking's while addressing
other crimes or call for assistance
2. Proactive approach: by identifying possible situations or business in your community
where you suspect human trafficking may be taking place
3. all responses: it is important to remember that not only the traffickers but those who
seek to purchase the services of trafficking victims must be held accountable.

list available assistance for victims Answer 1. National human tracking hotline
2. legal aid of North Carolina
3. social services and assistance

list possible recourses for law enforcement for human trafficking Answer 1. trafficking's
information and referral hotline
2. fbi
3. ice
4. sbi

as provided in the lesson plan identify potential terrorist- related threats, targets, and
vulnerabilities with your jurisdiction. Answer 1. left-wing groups: generally profess a
revolutionary socialist doctrine and view themselves as protectors of the people against
the dehumanizing effects of capitalism and imperialism.
2. Anarchists: that there should not be any government and feel that each person
should function separately free of restraint.
3. anti-fascists (Antifa): a network of independent and grassroots groups working
together against the rise of racism and fascism in our communities.
4. right-wing groups: often adhere to the principles of racial supremacy and embrace
antigovernment antiregulatory beleifs.

special interest/ single interest terrorist group Answer 1. ecological resistance

movement
2. anti: environmental movement
3. animal rights

identify terrorism threats specific to North Carolina Answer 1. Agriculture: most

vulnerable target in North Carolina with 57000 farms
2. military installations: impact national security by affecting the ability to deploy troops
and boosting the morale of the terrorist entities opposed to the united state.
3. transporation infrastructors: 4 interates thourafares that include i 85,95,77,40.
identify terrorism threats specific to North Carolina Answer 4. banking/ financial
infrastructures: charlotte is the second largest banking center in the united states. in
emergency the nasdaq stock exchange can be operated from charlotte
5. Nuclear power plant: Brunswick, McGuire, sheron-harris
6. citizenry: jihadists have killed 95 people inside the united states.

State the purpose of the National Terrorism advisory system ( NTAS) and 5 categories
Answer Based on the nature of threat, alerts will be sent directly to law enforcement ,
alert will be issued more broadly to the American people through both official and media
channels

Identify and report indicators of possible impeding terrorist attack Answer 1. General
observations: loiter around sensitive areas, load behavior in a group of people, a large
amount of $100 bills cipher/code packs, use of foreign terms, misstatements of common
American terms
2. surveillance: carrying video cameras or observations equipment with high
magnifications lenses, observed with maps, photos, diagrams
3. night vision- devices
4. parking, standing, loitering in same area over multiple days

Identify and report indicators of possible impeding terrorist attack cont Answer 5. false
alarms requiring law enforcement
6. thefts of military ,Leo, and fire id cards/ license plates
7. non military person with military-style weapons, clothing, or equipment
8. reports of computer hacker attempting to access sites with person identification maps

Weapons attacks Answer 1. unusual sale of large numbers of semi-automatic weapons

2. theft or large sale of ammunition
3. reports of automatic weapons' firing
4. sale of protective body armor to non-law enforcement person
paramilitary groups caring out training scenarios

explosive attacks and truck bombs Answer explosive theft or sale of large amounts of
explosive powder, blasting caps, high- velocity explosive
large amount if ammonium nitrate fertilizer

other criminal activities associated with terrorist groups Answer [Link] or burglaries at
army surplus stores/ sate surplus stores
2. rental of storage units for storage of non-traditional items

As provided in the lesson plan identify and report indicators, explain 3 classifications of
illegal alien status and determine detention strategies if necessary Answer [Link]
admitted permanent resident aliens( lapra): is legal residents of the united states also
known as immigrants, commonly referred to as green card holder
2. non-immigrant aliens: admitted on a temporary term basis person will have a
passport with a visa or green card
3. Illegal entrant aliens: never been granted permission to enter or reside in the united
states.

List the procedures to follow for basic consular notification upon the arrest or detention
of a foreign national as required by the united states department of the state Answer if
foreign national country is not on the list of mandatory notification countries and
jurisdictions
a. use statement 1 without delay consular officers notified and may communicate with
them,
b. requests that the consular officer be notified, notify nears embassy.
c. forward any communication from the foreign national to his or her consular officer
without delay.

List the procedures to follow for basic consular notification upon the arrest or detention
of a foreign national as required by the united states department of the state cont
Answer if the foreign national country is on the list of mandatory notification
a. notify that county nearest consulate without delay of the arrest or detention
b. statement 2 without delay ay communicate with consulate.

The primary factors that lead to coronary heart disease, provide At least three
secondary factors. Answer Abnormal blood cholesterol, high blood pressure, smoking,
Secondary -Family history, obesity, diabetes, stress, type A personality, age and
gender, Abnormal resting EKG

Identify ways to recognize and prevent most common injuries That officers experience
throughout their careers Answer Back pain, heat injury/illness, Stress related illness

3) state the relationship between proper nutrition and optimal Officer performance
considering the following factors Answer A-threemajor nutrition
Carbohydrates fats proteins
B-daily caloric needs
C-determine the appropriate food source and amounts?
Grains 3 to 4 ounces vegetables 2.5 to 3 cups fruits 2.5 to 3 cups oils 5 to 7 teaspoons
dairy 3 cups proteins 5 to 6.5 ounces

4) know the difference between aerobic and anaerobic exercise Answer Aerobic-The
capacity to take in, transport, utilize oxygen primary fuel source is fat
Anaerobic - light to moderate activity primary fuel source is carbohydrate
b) frequency intensity and duration
Frequency- physical activity for a minimum of 30 minutes five days a week
Intensity-Moderate30 minutes a day five days a week vigorously 20 minutes a day three
days a week
Duration-exercise should last 30 to 45 minutes not including warm up and cool down
aerobic exercise
C- warm up & cool down
Warm up-Five minutes to increase blood flow and temperature of muscles
Cool down- after work out continue exercising 510 minutes at a lower intensity

Identify the competing Roles society places on law Enforcement Answer Crime
fighter(crime control) vs public servant (due process)

State the common rationalizations and beliefs that lead to unethical behavior Answer
Loyalty to colleagues before anything else, the public is the enemy, the public is weak,
you don't have to obey the law when you are the law

Identify the common drivers of unethical behavior Answer A)noble cause- end justifies
the means, the belief that legal technicalities make the job hard, believe that the
offender was guilty
B)the blue curtain/code of silence an officer makes a mistake and everyone covers it up
instead of coming forward about it
C)the slippery slope and the mama Rosa test- once an officer engages in minor illegal
or corrupt behavior, greater levels of corruption become easier to perform

Six major groups of unethical behavior in law enforcement Answer A) graft, bribery,
class corruption-when the officer uses his or her position for personal benefit in the form
of cash, property, sex, drugs, food, or preferred assignment
B) process corruption-when an officer interferes with the process of gathering and
presenting evidence
C) brutality and excessive force-uses more force than is necessary
D) on duty unprofessional conduct-miscellaneous conduct that is directed toward the
public but no benefit to law-enforcement for example in action on calls for assistance
sexual discrimination negligent treatment of victims
E) workplace deviance-Direct harassment and racial or sexual discrimination and
colleagues nepotism and promotion use of drugs alcohol while on duty
F) off duty unprofessional conduct-engages in behavior in their personal lives that
reflects poorly on an apartment and professional LEO examples fighting drunk driving

Identify The role of the school director in administering the accredited basic training
program Answer Manage every aspect of blet including keeping record selection of
facilities, selection, and availability of equipment, and provision of course materials and
supplies, regulating training participation demeanor, attendance, and attendance record.
determine the level of training comprehension and retention
determine when a student has an instructional deficiency
make the final determination if the trainee has minimum knowledge to become a law
enforcement officer.
determine if you can take the state exam

identify both commission requirements for certification as a law enforcement officer to

include
a. criminal history
b. applying for certification
c. maintaining a certification Answer a. you must disclose all criminal history rather its
disqualifying or not, not all charges are disqualifying
b. after you complete all hours of belt and successfully pass the state comprehensive
exam. your paperwork will be sent to the commissions and standards for review and
verification
c. must maintain full-time or part-time employment with qualifying law enforcement or
other qualifying agency.

Name and describe the 3 sources of law

a. constitutional law
b. statutory law
c. common law Answer a. the basic law of the land is the United States
constitution( supreme law of the land)
b. Statutory law is written laws enacted by the legislative branches of the state( NC
general assembly) or federal governments are called statutes. it commands, declares or
prohibits something.
c. common law is judge made law, is commonly referred to as case law

procederal law and substantative law Answer substantive law defines the rights and
duty's of citizens
procedural law- specifies the method whereby substantive law is enforced

[Link] corpus
[Link] of attainder
3. Bill of rights Answer [Link] custodian to bring the prisoner before the judge
2. the special act of legislature inflicting punishment on a person without a conviction
through judicial proceedings
3. First 10 amendments to the constitution

identify how law enforcement authority is affected by subject matter and territorial
jurisdiction Answer Territorial jurisdiction: territorial jurisdiction refers to the geographical
area in which law enforcement officer is empowered to act
subject matter jurisdiction: refers to the types of crime for which officers are authorized
to arrest

state the definition of reasonable suspicion and probable cause Answer [Link]
suspicion: is a minimal level of objective justification more than a hunch but less than
probable cause. Must "consider" the totality of circumstances and based on specific and
articulable facts as viewed by a reasonable officer
2. probable cause: must "show" totality of circumstances that a crime was committed
but the the defendant probably committed it. must consider facts at the time the arrest is
made and reasonable trustworthy information is sufficient to warrant a crime was
committed

state the North Carolina statutory requirements for

a. gs 15a-401 make warrantless arrests
b. hs 15a-404 a citizen detention
c. gs 15a-405 assistance to law enforcement officers by private persons to effect arrest
or prevent escape Answer A. be committed in presence of officer an officer has
probable cause to arrest/ committed not in the presence of an officer, the officer must
have probable cause a felony or misdemeanor has been committed and will not be
apprehended unless arrested immediately or the person may cause physical injury to
himself or others or property if not apprehended immediately. Officers must inform them
who they are ( an officer) what they are being arrested for and in-fact that they are
under arrest

state the North Carolina statutory requirements for

a. gs 15a-401 make warrantless arrests
b. gs 15a-404 a citizen detention
c. gs 15a-405 assistance to law enforcement officers by private persons to effect arrest
or prevent escape continued Answer b. Detention of offenders by private persons.
(a) No Arrest; Detention Permitted. - No private person may arrest another person
except as provided in G.S. 15A-405. A private person may detain another person as
provided in this section.
(b) When Detention Permitted. - A private person may detain another person when he
has probable cause to believe that the person detained has committed in his presence:
(1) A felony,
(2) A breach of the peace,
(3) A crime involving physical injury to another person, or
(4) A crime involving theft or destruction of property.
(c) Manner of Detention. - The detention must be in a reasonable manner considering
the offense involved and the circumstances of the detention.
(d) Period of Detention. - The detention may be no longer than the time required for the
earliest of the following:
(1) The determination that no offense has been committed.
(2) Surrender of the person detained to a law-enforcement officer as provided in
subsection (e).
(e) Surrender to Officer. - A private person who detains another must immediately notify
a law-enforcement officer and must, unless he releases the person earlier as required
by subsection (d), surrender the person detained to the law-enforcement officer. (1973,
c. 1286, s. 1.)

state the North Carolina statutory requirements for

a. gs 15a-401 make warrantless arrests
b. gs 15a-404 a citizen detention
c. gs 15a-405 assistance to law enforcement officers by private persons to effect arrest
or prevent escape continued Answer c. North Carolina law allows a private citizen to
assist law enforcement in make arrests and preventing escapes from arrest when
requested by a law enforcement officer. 2 the citizen is not legally obligated to assist. 3.
if the citizen chooses to assist that citizen has the same power as the officers to arrest
and prevent escape.4. the citizen is not subject to criminal or civil liability when lawfully
providing this assistance and is entitles to workers compensation coverage if injured
identify the following police-citizen encounters
a. voluntary contact
b. investigative detention
c. arrest Answer a. voluntary contact: To lawfully conduct a voluntary encounter and
offer can approach any citizen including asking questions to get information. no
jurisdiction needed. let citizen control environment keep wholly voluntary do not make
them feel as though they are not free to leave. to not threaten arrest if they refuse to
end the encounter.
b. Investigative detention: to determine whether there is probable cause to believe that
1 a crime has been committed and that the suspect has committed the crime.
c. arrest: an arrest is complete when the person submits to the control of the arresting
officer who has indicated his or her intention to arrest or takes the person into custody
by use of physical force must-read Miranda rights if intend to interrogate

state the statutory procedures officers must follow after making an arrest Answer must
be supported by probable cause taking the totality of circumstances that a crime was
committed and that the defendant committed the crime. must use facts at the time.
identify themselves as an officer, state why the person is under arrest, and that they are
in fact under arrest.

state the staturtory requirement for conducting an arrest with a warrent Answer valid
thought the state, issued and signed by a judicial official, state the offense, must be
returned after 180 days if not served, will still be valid after that

ex post facto laws Answer make make certain conduct illegal after the fact

First Ammendment Rights Answer Freedom of Speech

Freedom of Religion
Freedom of Press
Freedom of Assembly
Freedom of Petition

Second Amendment Answer Right to bear arms

Third Amendment Answer No quartering of soldiers

Fourth Amendment Answer Protects against unreasonable search and seizure

exclusionary rule Answer A rule that provides that otherwise admissible evidence
cannot be used in a criminal trial if it was the result of illegal police conduct

Fifth Amendment Answer A constitutional amendment designed to protect the rights of

persons accused of crimes, including protection against double jeopardy, self-
incrimination, and punishment without due process of law.
double jeopardy Answer a person cannot Being tried twice for the same crime

Due Process Answer following established legal procedures

Sixth Amendment Answer Right to a speedy trial, does not include right to testify

Seventh Amendment Answer Right to a trial by jury in civil cases

8th Amendment Answer No cruel or unusual punishment or excessive bail or fines

Ninth Amendment Answer states that people's rights are not limited to just those in the
first 8 listed in the Constitution. right of privacy in marriage, right of interstate travel, right
to participate in political activity

Tenth Amendment Answer The powers not delegated to the United States by the
Constitution, nor prohibited by it to the States, are reserved to the States respectively,
or to the people.

Fourteenth Amendment Answer the constitutional amendment adopted after the Civil
War that states, "no state shall make or enforce any law which shall abridge the
privileges or immunities of citizens of the United States; nor shall any state deprive any
person of life, liberty, or property, without due process of law; nor deny to any person
within its jurisdiction the equal protection of the laws."

immediate and continuous pursuit Answer if an offender has committed any criminal
offense for which the offender can arrest within his or jer jurisdiction the offer can
peruse the offender anywhere in North Carolina and make an arrest

officer can pursue outside North Carolina when Answer in Georgia, Virginia south
Carolina, or Tennessee
for a suspected felony committed in North Carolina

Subject Matter Jurisdiction-jurisdictional authority to arrest for any type of crime Answer
ale, Sbi, sheriff and deputies, city police, local ABC officers, company police officers,
campus police officers

limited subject matter jurisdiction Answer Highway patrol, DMV officers, wildlife,
probation and patrol

mutual aid agreement Answer An agreement among emergency responders to lend

assistance across jurisdictional boundaries.

Crimes committed in other states Answer North Carolina law enforcement officers may
arrest a person who flees to North Carolina after the person has committed a
misdemeanor or felony in another state if the officers obtain a fugitive warrant for the
person's arrest from a North Carolina judicial official
foreign diplomats Answer diplomatic immunity is a principle of international law by which
certain foreign government officials are not subject to the jurisdiction of the local courts
and authorities.

search or seizure Answer a person has been seized when under the circumstances a
reasonable person in their position would not feel free to walk or drive away from a law
enforcement officer, a person is seized at the point that they submit to an offices
command to stop or when they are stopped physically restrain by an officer

Voluntary Encounters Answer an officer need only approach a citizen and engage in
conversation, including asking questions to get information.

Terry v. Ohio (1968) Answer Supreme Court decision endorsing police officers' authority
to stop and frisk suspects on the streets when there is reasonable suspicion that they
are armed and involved in criminal activity

Investigative Stop (Terry Stop) Answer Under the Stop and Frisk law, an officer can only
make an investigative stop if the officer has reasonable suspicion that the person
stopped was committing, is committing, or is about to commit a law violation.

entering a private dwelling to make an arrest Answer Before entering a private dwelling
to make an arrest, an officer needs lawful access. Simply because an officer can see an
object in plain view from a lawful location does not automatically mean the officer may
legally enter private property without a warrant to seize it, even if the object is obviously
contraband or evidence of a crime. Lawful access to private property is most commonly
obtained when the:
• officer's entry is based on consent,
• officer's entry is based on exigent circumstances , for example, a reasonable belief
that the evidence will be destroyed if entry is delayed in order to obtain a warrant,
• an officer has lawfully entered the area for some other purpose (e.g., to conduct a
parole or probation search, or an administrative or regulatory search, etc.)

Arrest of a Juvenile Answer Juvenile in this case is anyone under age 18

- Notify parent, guardian, etc whenever take juvenile into custody

- Notify parent, guardian, etc within 24 hours whenever charge a juvenile
- Notify principal if juvenile is in middle school or under and has committed a felony
within 5 days

arrest of adult supervising children Answer minors must be placed with responisble
adult , if none can be found officer must contact social services

foreign nationals Answer consular notification must be made

arrest of deaf person Answer if a deaf person is arrested for a violations the arresting
officer shall immediately procure qualified interpreter.

NC GS 15A-903 d Answer states that law enforcement and investigatory agencies shall
make available to the persecutor's office a complete copy of the complete files related to
the investigation of the crimes committed or the prosecution of the defendant
additionally any person who willfully omits or misrepresents evidence or information
required to be disclosed by the state to the defend the complete files of the law
enforcement agencies involved in the investigation of a crime committed or the
prosecution of the defendant shall be guilty of a class h felony. any person who willfully
omits or misrepresents evidence on the information required to be disclosed under any
other provision such as a notice of expert witnesses testimony or opinion, a written list
of the names of all witnesses to be called during the trial, shall ee guilty of a class 1
misdemeanor

G.S. 15A-401(d)(2) Answer A law-enforcement officer is justified in using deadly

physical force upon another person for a purpose specified in subdivision (1) of this
subsection only when it is or appears to be reasonably necessary thereby:
a. To defend himself or a third person from what he reasonably believes to be the use
or imminent use of deadly physical force;
b. To effect an arrest or to prevent the escape from custody of a person who he
reasonably believes is attempting to escape by means of a deadly weapon, or who by
his conduct or any other means indicates that he presents an imminent threat of death
or serious physical injury to others unless apprehended without delay; or
c. To prevent the escape of a person from custody imposed upon him as a result of
conviction for a felony.

Graham vs. Connor Answer Use of Force Case Law Reference

CONSIDERATIONS:
-Severity of crime
-Subject poses immediate threat
-Subject actively resisting
REASONABLENESS:
• Judged from the perspective of a reasonable officer
• W/O 20/20 hindsight
• Based on facts/circumstances confronting ofc w/o regard
to the ofc's intent or motivation
•Based on knowledge ofc acted properly under est law @time

Tennessee vs. Garner (1985) Answer Deadly force may not be used against an
unarmed and fleeing suspect unless necessary to prevent the escape and unless the
officer has probable cause to believe that the suspect poses a significant threat of death
or serious injury to the officers or others.

Outside Curtilage Answer an area of land attached to a house and forming one
enclosure with it.
abandonded property Answer real property, personal property,( must be determined if
abandoned) garbage ( no expectation of privacy)

Plain View Doctrine Answer officers are lawfully in a position from which they view an
object and, the incriminating character of the object is immediately apparent ( probable
cause), officer have lawful right of access to the object

consent by a person who has reasonable expectation of privacy Answer a person may
wave 4th amendment rights to be searched. once consent is given they may invade
privacy to the extent that person consented person can revoke any time during consent
search

Authority to Consent Answer - Person must have apparent control over the given area
- If more than one person is present, and both have control, then the officer must
receive consent from both persons
- A person may give limited consent or withdraw consent at any time

who may give consent Answer spouse, restricted to where another person has
expectation of privacy/ parents to minors/tenent not landlord, homeowner can but not a
guest quarterns if guest has right to be thier/ employers, except in spots where
employee has right to privacy/ driver or owner of vehicle , owner consent trumps anyone
in car

Exigent Circumstances Answer when there is an immediate threat to public safety or the
risk that evidence will be destroyed, officers may search, arrest, or question suspects
without obtaining a warrant or following other usual rules of criminal procedure

The Carroll Doctrine (Carroll v U.S., 1925) Answer established that a vehicle can be
searched without a warrant if probable cause exists to believe that the vehicle contains
contraband.

Search incident to arrest Answer A warrantless search of a person and the area around
that person, conducted shortly after the person is arrested.

prospective sweep Answer search of area, limited to areas a perspective attack can
occur

Search of motor vehicle incident to arrest Answer lungable area may be searched ,
officer must believe there is evidence in the vehicle which is relevant to the crime being
charged

who may issues search warrent Answer judicial officials, appellate and superior court
judges(state), district court judges (district), clerks and magistrates(county)

obesity offenses Answer only upon request of a DA or assistant DA

anticipatory search warrant Answer a warrant obtained based on probable cause and
on an expectation that sizeable items will be found at a certain place

nontestimonial identification order Answer by fingerprints, palm prints, footprints,

measurements, blood specimens, urine specimens, saliva samples, hair samples, or
other reasonable physical examination, handwriting exemplars, voice samples,
photographs, and lineups or similar ...Are requested by DA, issued by District/Superior
Court judge must be served 72 hours before time designated

Exculpatory statement Answer --------- statement is one which denies guilt

Inculpatory statement Answer _____ statement tends to establish guilt

Miranda v. Arizona Answer The accused must be notified of their rights before being
questioned by the police

Miranda Rights Answer "You have the right to remain silent. Anything you say can and
will be used against you in a court of law. You have the right to an attorney. If you
cannot afford an attorney, one will be provided for you. Do you understand the rights I
have just read to you? With these rights in mind, do you wish to speak to me?"
needed with custody and interrogation

when can juveniles waive thier Miranda rights Answer juveniles who are 16 and 17 are
allowed to waive their rights under the law as long as the waiver is done knowingly,
willfully, and understandingly, juveniles under 16 may never wave the right to have a
parent a guardian present

1. Given a list of commonly encountered controlled substances, identify the correct

pharmacological classification and its symptoms. Answer Narcotics of opioids (opiates):
Narcotics or opioids are a class of drugs that act on the central nervous system (CNS)
and can produce a sleep-like state and reduce pain of inflammation.
Opiates: Are a natural pain remedy derived from the alkaloid of the opium poppy, with
several drugs made from this source such as, but not limited to, morphine, codeine,
heroin, and opium
Opioids: Are synthetic or semi-synthetic drugs that are manufactured to have similarities
to opiates.
Stimulants: Stimulants also affect the CNS, but unlike narcotic drugs, stimulants create
a feeling of excitement, greater energy, and alertness.
Depressants: "Depressants are drugs that inhibit the function of the central nervous
system (CNS) and are among the most widely used drugs in the world.
Hallucinogens: Can alter perception and have the ability to induce intense emotional
feelings and cause hallucinations.
Inhalants: Often include products that are easily purchased at a store or found in a
home.
(^Falls into four categories): Solvents, Aerosol sprays, Gases, Nitrates
Cannabis: marijuana, is "the dried leaves, flowers, stems, and seeds from the hemp
plant, Cannabis sativa
Synthetic drugs: The newest group of abused substances includes synthetic, or man-
made, cannabinoids24 and synthetic Cathinones, a stimulant

Recognize and identify various types of drug paraphernalia Answer Pipes of tubes
(metal, wooden, acrylic, glass, stone, plastic, or ceramic)
Water pipes of bongs
Roach clips
Miniature spoons, scales, of straws
Chillums
Cigarette/cigar rolling paper
Syringes of cocaine free-based kits

1. Identify standard and improvised lab equipment used in methamphetamine

production. Answer a) Pyrex, glass or Corning ware containers, mason jars, or other
kitchen glassware
b) Plastic soda bottles
c) Rubber tubing
d) Dust or respiratory masks and filters
e) Funnels
f) Rubber gloves
g) Large plastic storage containers or tubs
h) Coffee filters or other items used to strain liquid, such as bed sheets. These may be
stained red.
i) White powder residue
j) Sheets or other covers on windows
k) Gas cylinders

1. State the appropriate methods to respond to a methamphetamine lab. Answer (1) Do

not touch or inhale/smell items about the laboratory area
(2) Don't eat, drink or smoke at the scene
(3) Eliminate sources of ignition (i.e., radios and cell phones)
(4) Expect and anticipate multiple hazards and prepare in advance

Undisciplined
6-18 years old Answer Delinquent
6 to up to 16 yr old

Clear and convincing evidence EXCEPT truancy

Truancy does not apply to 16-18 yr old Answer Beyond a reasonable doubt

Chapter 7B Answer · Disposition (sentencing): known as "protective supervision"

· Petition: a charging document for juveniles (child form: warrants, magistrate order,
summons, citations)
· Juvenile court, defendant referred to as juvenile
· Adjudicated means "found guilty"

Abused Juvenile Answer · Anyone under 18 years old whose parent, guardian,
custodian or caretaker inflicts or allows serious physical injury or substantial risk of
physical injury
· Commits, permits, or encourages the commission of violation of laws (pg 7-8)
· Creates or allows emotional damage
· Ex: incest, broken bones, burns, bites, bruises

Caretaker Answer any person other than a parent, guardian or custodian who has
responsibility for the health and welfare of a juvenile in a residential setting

Neglected Juvenile Answer · A juvenile who does not receive proper care, supervision,
or discipline from the juvenile's parent, guardian, custodian or caretaker or who has
been abandoned; or who is not provided necessary medical care; or injurious
environment; or placed for adoption in violation of law
o Poor or unhealthy living conditions, lack of sanitation
o More likely neglect if child is 11 or less. Child over 11 it may be neglect if child is not
of normal intelligence

Duty to Report Answer · Every person has a legal duty to report facts which lead the
person to suspect that a juvenile is abused, neglected, or dependent, or has dies as the
result of maltreatment. Any person or institution who has cause to suspect any of these
circumstances to exist MUST report to DSS
· Where a report is received of child sexual abuse in a day care facility or home, DSS
MUST notify SBI within 24 hours or the next working day

When Responding to Abuse Answer · Temporary custody (discretion) à DSS obtain

non-secure custody order and take the child

Felony Child Abuse Answer · A parent or any other person providing care to or
supervision of a child less than 16 yrs old
· Serious bodily injury: almost died
· Serious physical injury: physical injury that causes great pain and suffering and
includes serious mental injury

Misdemeanor Child Abuse Answer · Any parent of a child less than 16 yrs old who
inflicts physical injury or who allows physical injury to be inflicted or who creates or
allows to be created a substantial risk

Indecent Liberties between Children Answer · A person who is under the age of 16
years is guilty of taking indecent liberties with children if the person
o Sex with child at least 3 years younger than the defendant for the purpose of arousing
or gratifying sexual desire
Contributing to Delinquency and Neglect by Parents ad others Answer · ANY person
who is at least 16 years old who knowingly or willfully causes, encourages, or aids any
juvenile
· Juvenile may be adjudicated delinquent, undisciplined, abused, or neglected
· May charge in additional to child abuse
· Delinquent or undisciplined- minimum of 6 yrs old
· Abused or neglected- no minimum age
· Delinquent is 6-less than 16 (breaks the law)
· Undisciplined extends to include 16 and 17 except for truancy (school attendance)

Petition Answer · Contains the name and last known address of the juvenile's
parent/guardian
· The petition does not authorize taking into physical custody of juvenile (Need court
order)

Summons Answer · Issued by the clerk at the time of the filing of a petition to the parent
or guardian. Must be personally served upon the parent NO LESS than 5 days prior to
the date of the hearing

Undisciplined Juvenile Answer Cannot be entered as a runaway juvenile into NCIC until
they are missing for 24 hours, however you can enter them as a missing person
immediately

16 and 17 yr old when charged or in custody Answer · Charged- notify ASAP by phone
or in person
· Custody- written notification within 24 hours of the arrest
· Charged of felony, school must be notified ASAP but within 5 days via phone or in
person
· Taken into custody, school must be notified within 5 days written

G. S. 7B-2102. Fingerprinting and photographing delinquent juveniles Answer · must

fingerprint and photograph a juvenile when:
o officer has prepared a complaint for filing as a petition; and
o complaint charges one of more nondivertible offenses; and
o juvenile was at least ten years old at the time the offense(s) was committed; and
o juvenile is in the physical custody of law enforcement or the Department of Juvenile
Justice and Delinquency Prevention.
· law enforcement cannot or does not take fingerprints or photographs of a juvenile
under the above section or the prints have been destroyed, the officer must fingerprint
and photograph a juvenile
o (a) Who has been adjudicated delinquent; and
o (b) Who is 10 years old or older at the time of the commission of the offense; and
o (c) The juvenile has been adjudicated delinquent for conduct which would be a felony
if committed by an adult.
· All fingerprints and photographs must be made in proper format for transfer to the SBI
and FBI. They are not public records, must be withheld from inspection, are not to be
placed in the clerk's records, and are not eligible for expunction.

G. S. 7B-2102. Fingerprinting and photographing delinquent juveniles Answer · the

custodian of records must destroy the juvenile's fingerprints and photographs at the
earliest of the following events:
o (a) The intake counselor or prosecutor does not file a petition against the juvenile
within one year of the fingerprints and photographs being taken; or
o (b) The court does not find probable cause pursuant to G.S. 7B-2202; or
o (c) The juvenile is not adjudicated delinquent of any offense that would be a felony or
misdemeanor if committed by an adult.

Nontestimonial Identification Order G.S. 7B-2103 Answer · NTO may be issued by any
judge of district or superior court on request of PROSECUTOR
· A request for a NTO may be made prior to taking a juvenile into custody or after
custody and prior to the adjudicatory hearing
· An NTO can be issued only on an affidavit sworn to before the court and establishes
the following
o PC to believe that an offense committed would be a felony if committed by an adult
o Reasonable grounds to suspect that the juvenile named committed the offense AND
o Results of specific Nontestimonial identification procedures will be of material aid in
determining if juvenile committed the offense
· Court order is required for any nontestimonial identification procedures conducted on a
juvenile unless juvenile was transferred to adult court
o Juvenile cannot consent to an identification procedure
· If blood specimen, you need PC that the crime was committed and would be a felony if
committed by an adult and PC that the juvenile committed the offense
· No statement may be taken from the juvenile during a NTO unless counsel present
· Juvenile attorney may request a NTO

Transfer of jurisdiction to Superior Court Answer · District court may transfer jurisdiction
over juvenile 13 yrs or older to superior court, if they juvenile was at least 13 yo when
they committed the crime
· Decision to transfer jurisdiction of felonies committed by juveniles to Superior court,
rest solely with the district court judge
· Class A felony MUST be transferred if there is finding of PC
· If transferred, fingerprints will be taken and sent to SBI and DNA samples be taken
· PC and transfer hearings are separate
· PC hearing must be held within 15 days

1. (Pg. 4-6) Define, in writing, the following terms as found in G.S. 18B-101: Answer
Alcoholic beverage: Any beverage containing at least one-half of one percent (0.5%)
alcohol by volume, including malt beverages, unfortified wine, fortified wine, spirituous
liquor, and mixed beverages.
Nontaxpaid alcoholic beverage: Any alcoholic beverage upon which the taxes imposed
by the United States, this State, or any other territorial jurisdiction in which the alcoholic
beverage was purchased have not been paid.
Malt beverage: is beer, lager, malt liquor, ale, porter, and any other brewed or
fermented beverage containing at least one-half of one percent (0.5%), and not more
than fifteen percent (15%), alcohol by volume. Any malt beverage containing more than
six percent (6%) alcohol by volume shall bear a label indicating the alcohol content of
the malt beverage.[i]
Unfortified wine: Any wine that of sixteen percent (16%) or less alcohol by volume made
by fermentation from pure grapes, fruits, berries, rice, or honey; or by the addition of
pure cane, beet, or dextrose sugar; or by the addition of pure brandy from the same
type of grape, fruit, berry, rice, or honey that is contained in the base wine and produced
in accordance with the regulations of the United States."
Fortified wine: "Any wine, of more than sixteen percent (16%) and no more than twenty-
four percent (24%) alcohol by volume, made by fermentation from grapes, fruits,
berries, rice or honey; or by the addition of pure cane, beet, or dextrose sugar; or by the
addition of pure brandy from the same type of grape, fruit, berry, rice, or honey that is
contained in the base wine and produced in accordance with the regulations of the
United States."
Spirituous liquor: "Distilled spirits or ethyl alcohol, including spirits of wine, whiskey, rum,
brandy, gin, and all other distilled spirits and mixtures of cordials, liqueur, and premixed
cocktails, in closed containers for beverage use regardless of their dilution.
Mixed beverage:
1. A drink composed in whole or in part of spirituous liquor and served in a quantity less
than the quantity contained in a closed package.
2. A premixed cocktail served from a closed package containing only one serving.
Sale: Any transfer, trade, exchange, or barter, in any manner or by any means, for
consideration."[ii] Consideration is something of value received by a person who sells,
from a person to whom a sale is made.
Premises: All areas, whether inside or outside the licensed premises, where the
permittee has control of the property through a lease, deed, or other legal process.
2. (Pg.6-12) State the circumstances under which different types and amounts of
alcoholic beverages can be purchased, possessed or consumed on public or private
premises.
· It is lawful for any person at least 21-years-old to possess for lawful purposes any
amount of fortified wine and spirituous liquor at his home or temporary residence, such
as a hotel room.
· Hours of consumption
o A person may not consume any alcoholic beverage before 7:00 a.m. or after 2:30 a.m.
on licensed premises. Consumption may continue on licensed premised for a half-hour
after sales are required to stop at 2:00 a.m.
o A person may not consume on licensed premises before noon on Sunday. No local
ordinances are allowed to restrict Sunday afternoon consumption in establishments
having brown-bagging or mixed beverages permits.
· Hours of sale
o Sales of alcoholic beverages are allowed on licensed premises only after 7:00 a.m.
and before 2:00 a.m. Monday through Saturday. Sales may not begin until after noon on
Sunday but may continue until 2:00 a.m.
o A city or county may prohibit sales of malt beverages, unfortified wine, and fortified
wine after 12:00 noon on Sunday, but such prohibition is not applicable to a place which
also has a brown-bagging or mixed beverage permit.
· Off-premises
o It is unlawful for any person to consume alcoholic beverages on the premises of a
business having only an off-premises permit for the kind of alcoholic beverage being
consumed.
· Unlawful possession or use
o Consume fortified wine, spirituous liquor, or mixed beverages or to offer such
beverages to another person:
§ On the premises of an ABC store, or
§ Upon any property used or occupied by a local ABC board, or
§ On any public road, street, highway, or sidewalk.
o Display publicly at an athletic contest fortified wine, spirituous liquor, or mixed
beverages.
o Permit any fortified wine, spirituous liquor, or mixed beverages to be possessed or
consumed upon any premises not authorized by Chapter 18B.
o Unlawful to possess or consume any fortified wine, spirituous liquor, or mixed
beverages upon any premises where such possession or consumption is not authorized
by law, or where the person has been forbidden to possess or consume that beverage
by the owner or other person in charge of the premises.
o Unlawful to possess at his home, temporary residence, or other property a greater
amount of fortified wine or spirituous liquor than authorized by Chapter 18B; this is
referring to a house or location where liquor is being sold, such as a "shot house" or an
illegal outlet.
o Unlawful to possess on his person or consume malt beverages or unfortified wine
upon any property owned or leased by a local board of education and used by the local
board of education for school purposes.
· Purchase
o Malt beverage: A person may purchase any amount of malt beverage in kegs after
obtaining a purchase-transportation permit and no more than eighty (80) liters in cans or
bottles in one (1) transaction. Possession of over eighty (80) liters of malt beverage,
other than draft malt beverages in kegs, creates a presumption that it is possessed for
sale. Unfortified wine: A person may purchase no more than fifty (50) liters of unfortified
wine, in one (1) transaction.
o Fortified wine/spirituous liquor: A person may purchase no more than eight (8) liters of
fortified wine or spirituous liquor or a combination of the two, in one transaction.
· Possession It is unlawful for a person under the age of 21 to purchase, attempt to
purchase, possess, or consume alcoholic beverages in North Carolina.
o If the person is 19 or 20 and the alcoholic beverage was possessed, or consumed, is
a malt beverage or unfortified wine, then the person may be charged with a Class 3
misdemeanor.
3. (Pg.12-15) Identify the circumstances under which different types and amounts of
alcoholic beverages can be possessed, consumed, and transported in a motor vehicle.
It is unlawful for a person less than 21 years old to drive a motor vehicle on a highway
or public vehicular area while consuming alcohol or at any time while he has remaining
in his body any alcohol or a controlled substance previously consumed. A purchase
transportation permit would allow up to one hundred (100) liters of unfortified wine, and
a maximum of forty (40) liters of either fortified wine or spirituous liquor, or forty (40)
liters of the two (2) combined. A purchase transportation permit is valid only until 9:30
p.m. on the date of purchase. Taxi: It is unlawful for a person operating a for-hire vehicle
to transport fortified wine or spirituous liquor unless the vehicle is transporting a paying
customer. Not more than eight (8) liters of fortified wine or spirituous liquor, or a
combination of the two (2), may be transported by each passenger unless passenger
obtains a purchase transportation permit.
A passenger may possess and consume an alcoholic beverage in the passenger area
of a motor vehicle designed, maintained, or used primarily for the transportation of
persons for compensation; in the living quarters of a motor home or house car; or in a
house trailer. 4. (Pg. 15-16) Name other possible criminal activities that may be
associated with alcohol-related offenses. Lottery laws: Any person shall open, set on
foot, carry on, promote, make or draw, publicly or privately, a lottery, by whatever name,
style or title the same may be denominated or known; or if any person shall, by such
way and means, expose or set to sale any house, real estate, goods, chattels, cash,
written evidence of debt, certificates of claims or any other thing of value whatsoever,
every person so offending shall be guilty of a Class 2 misdemeanor which may include
a fine not to exceed two thousand dollars ($2,000). Gambling: Any person or
organization that operates any game of chance or any person who plays at or bets on
any game of chance at which any money, property or other things of value is bet,
whether the same be in stake or not, shall be guilty of a Class 2 misdemeanor. This
section shall not apply to a person who plays at or bets on any lottery game being
lawfully conducted in any state. A game of chance is "determined entirely or in part by
lot or mere luck, and in which judgment, practice, skill or adroitness have honestly no
office at all, or are thwarted by chance. Tobacco Laws:·If any person shall distribute, or
aid, assist, or abet any other person in distributing tobacco products or cigarette
wrapping papers to any person under the age of 18, or if any person shall purchase
tobacco products or cigarette wrapping papers on behalf of a person less than 18 years
of age, the person shall be guilty of a Class 2 misdemeanor.
· If any person under the age of 18 purchases or accepts receipt, or attempts to
purchase or accept receipt of tobacco products or cigarette wrapping papers, or
presents or offers to any person any purported proof of age which is false, fraudulent or
not actually his or her own, for the purpose of purchasing or receiving any tobacco
product or cigarette wrapping papers, the person shall be guilty of a Class 2
misdemeanor.
5. Given a hypothetical alcohol-related problem, correctly complete a citation for the
appropriate violation and discuss the proper evidence handling procedures. (Already
done in class)

2. (Pg.6-12) State the circumstances under which different types and amounts of
alcoholic beverages can be purchased, possessed or consumed on public or private
premises. Answer · It is lawful for any person at least 21-years-old to possess for lawful
purposes any amount of fortified wine and spirituous liquor at his home or temporary
residence, such as a hotel room.
· Hours of consumption
o A person may not consume any alcoholic beverage before 7:00 a.m. or after 2:30 a.m.
on licensed premises. Consumption may continue on licensed premised for a half-hour
after sales are required to stop at 2:00 a.m.
o A person may not consume on licensed premises before noon on Sunday. No local
ordinances are allowed to restrict Sunday afternoon consumption in establishments
having brown-bagging or mixed beverages permits.
· Hours of sale
o Sales of alcoholic beverages are allowed on licensed premises only after 7:00 a.m.
and before 2:00 a.m. Monday through Saturday. Sales may not begin until after noon on
Sunday but may continue until 2:00 a.m.
o A city or county may prohibit sales of malt beverages, unfortified wine, and fortified
wine after 12:00 noon on Sunday, but such prohibition is not applicable to a place which
also has a brown-bagging or mixed beverage permit.

2. (Pg.6-12) State the circumstances under which different types and amounts of
alcoholic beverages can be purchased, possessed or consumed on public or private
premises. Answer · Off-premises
o It is unlawful for any person to consume alcoholic beverages on the premises of a
business having only an off-premises permit for the kind of alcoholic beverage being
consumed.
· Unlawful possession or use
o Consume fortified wine, spirituous liquor, or mixed beverages or to offer such
beverages to another person:
§ On the premises of an ABC store, or
§ Upon any property used or occupied by a local ABC board, or
§ On any public road, street, highway, or sidewalk.
o Display publicly at an athletic contest fortified wine, spirituous liquor, or mixed
beverages.
o Permit any fortified wine, spirituous liquor, or mixed beverages to be possessed or
consumed upon any premises not authorized by Chapter 18B.
o Unlawful to possess or consume any fortified wine, spirituous liquor, or mixed
beverages upon any premises where such possession or consumption is not authorized
by law, or where the person has been forbidden to possess or consume that beverage
by the owner or other person in charge of the premises.
o Unlawful to possess at his home, temporary residence, or other property a greater
amount of fortified wine or spirituous liquor than authorized by Chapter 18B; this is
referring to a house or location where liquor is being sold, such as a "shot house" or an
illegal outlet.
o Unlawful to possess on his person or consume malt beverages or unfortified wine
upon any property owned or leased by a local board of education and used by the local
board of education for school purposes.

. (Pg.6-12) State the circumstances under which different types and amounts of
alcoholic beverages can be purchased, possessed or consumed on public or private
premises. Answer · Purchase
o Malt beverage: A person may purchase any amount of malt beverage in kegs after
obtaining a purchase-transportation permit and no more than eighty (80) liters in cans or
bottles in one (1) transaction.
o Possession of over eighty (80) liters of malt beverage, other than draft malt beverages
in kegs, creates a presumption that it is possessed for sale.
o Unfortified wine: A person may purchase no more than fifty (50) liters of unfortified
wine, in one (1) transaction.
o Fortified wine/spirituous liquor: A person may purchase no more than eight (8) liters of
fortified wine or spirituous liquor or a combination of the two, in one transaction.

(Pg.6-12) State the circumstances under which different types and amounts of alcoholic
beverages can be purchased, possessed or consumed on public or private premises.
Answer · Possession
o It is unlawful for a person under the age of 21 to purchase, attempt to purchase,
possess, or consume alcoholic beverages in North Carolina.
o If the person is 19 or 20 and the alcoholic beverage was possessed, or consumed, is
a malt beverage or unfortified wine, then the person may be charged with a Class 3
misdemeanor.

3. (Pg.12-15) Identify the circumstances under which different types and amounts of
alcoholic beverages can be possessed, consumed, and transported in a motor vehicle.
Answer · It is unlawful for a person less than 21 years old to drive a motor vehicle on a
highway or public vehicular area while consuming alcohol or at any time while he has
remaining in his body any alcohol or a controlled substance previously consumed.
· A purchase transportation permit would allow up to one hundred (100) liters of
unfortified wine, and a maximum of forty (40) liters of either fortified wine or spirituous
liquor, or forty (40) liters of the two (2) combined
· A purchase transportation permit is valid only until 9:30 p.m. on the date of purchase.
· Taxi: It is unlawful for a person operating a for-hire vehicle to transport fortified wine or
spirituous liquor unless the vehicle is transporting a paying customer. Not more than
eight (8) liters of fortified wine or spirituous liquor, or a combination of the two (2), may
be transported by each passenger unless passenger obtains a purchase transportation
permit.
· A passenger may possess and consume an alcoholic beverage in the passenger area
of a motor vehicle designed, maintained, or used primarily for the transportation of
persons for compensation; in the living quarters of a motor home or house car; or in a
house trailer.

(Pg. 15-16) Name other possible criminal activities that may be associated with alcohol-
related offenses. Answer Lottery laws:
· Any person shall open, set on foot, carry on, promote, make or draw, publicly or
privately, a lottery, by whatever name, style or title the same may be denominated or
known; or if any person shall, by such way and means, expose or set to sale any house,
real estate, goods, chattels, cash, written evidence of debt, certificates of claims or any
other thing of value whatsoever, every person so offending shall be guilty of a Class 2
misdemeanor which may include a fine not to exceed two thousand dollars ($2,000).
Gambling:
· Any person or organization that operates any game of chance or any person who
plays at or bets on any game of chance at which any money, property or other things of
value is bet, whether the same be in stake or not, shall be guilty of a Class 2
misdemeanor.
o This section shall not apply to a person who plays at or bets on any lottery game
being lawfully conducted in any state. A game of chance is "determined entirely or in
part by lot or mere luck, and in which judgment, practice, skill or adroitness have
honestly no office at all, or are thwarted by chance.
Tobacco Laws:
· If any person shall distribute, or aid, assist, or abet any other person in distributing
tobacco products or cigarette wrapping papers to any person under the age of 18, or if
any person shall purchase tobacco products or cigarette wrapping papers on behalf of a
person less than 18 years of age, the person shall be guilty of a Class 2 misdemeanor.
· If any person under the age of 18 purchases or accepts receipt, or attempts to
purchase or accept receipt of tobacco products or cigarette wrapping papers, or
presents or offers to any person any purported proof of age which is false, fraudulent or
not actually his or her own, for the purpose of purchasing or receiving any tobacco
product or cigarette wrapping papers, the person shall be guilty of a Class 2
misdemeanor.

1. (Pg. 4-5) Name and describe, in writing, the three (3) sources of law. Answer a)
Constitutional law: The basic law of the land. This document sets forth the fundamental
principles for government, including grants and limitations of power. All other laws must
comply with the basic constitutional provisions. It also includes judicial interpretations of
the constitution, which are set forth in judicial decisions.
Each state also has its own constitution, generally modeled after the United States
Constitution. A typical state constitution:
1) Describes the basic organization of the state government, including the legislative,
judicial, executive, and administrative branches.
2) Establishes basic rights of citizens of the state
3) Makes provisions for amendments and for legislative enactments.
b) Statutory law: Written laws enacted by the legislative branches of the state or federal
governments are called statutes. It declares, command, or prohibits something. It is the
written will of the politically elected legislature, which in this state is the North Carolina
General Assembly. Courts interpret the meaning of the statutes.
c) Common law: Is judge-made law. Judicial decisions may establish rules and
principles where the legislature has not enacted statutes, or where a statute needs
clarification or interpret Legislatures and voters must enact or ratify constitutions or
statutes for them to become effective. (Ex. Conspiracy and involuntary manslaughter.)

(Pg. 8-13) State how the First Amendment affects the law enforcement function:
Establishes rights that we consider basic in a free society Answer · These rights are the
freedoms of religion, speech, press, assembly, and petition.
a. Religion: Congress cannot make any law concerning the establishment of religion or
prohibiting the free exercise of religion. These two (2) clauses prevent the federal
government from establishing a national church (requiring support by taxation) or from
intruding on personal religious beliefs
i. Establishment clause: Government may not require or enforce religious observations.
Government may not compel citizens to follow any particular religion, either through law
or spending of tax dollars.
ii. Free exercise clause: Citizens have a right to worship God, a Supreme Being, or hold
any other belief in compliance with their conscience.
b. Speech: The First Amendment protections for speech and press are directed toward
the right to criticize and publish freely. They are not absolute, and are subject to
reasonable time, place, and manner limitations.
i. Belief: Government cannot coerce its citizens to affirm or disavow a belief. A
government can prohibit participants (for example, standing, sitting, or lying upon
highway or street G.S 20-174.1).
ii. Symbolic speech: Protected speech includes the spoken and written word, the act of
not speaking, and symbolic conduct. Ex. Burning the American Flag, Texas v. Johnson
1989, "F--- the draft" Cohen v. California.

Restrictions on free speech

Following types of speech have no First Amendment protection and thus may be barred
by the government:
· Obscenity: Depiction of sexual conduct that as a whole, by the average person,
applying contemporary community standards, appeals to the prurient interest in sex,
portrays sex in a patently offensive way, and does not have a serious literary, artistic,
political, or scientific value.
· Fighting words: Words addressed to an ordinary citizen which are intended and are
likely to incite immediate physical retaliation.
· Threats: Are utterances calculated to intimidate, provide no social benefit. Threat must
be genuine, and the person making the threat must be reasonably capable of carrying it
out for the threat to lose First Amendment protection.
· Incendiary speech: Advocates the imminent violent use of force against the
government.

1. (Pg. 19) State the criminal and civil consequences law enforcement officers may face
as it relates to violating a citizen's constitutional rights: Answer a. Territorial jurisdiction
refers to the geographical area in which a law enforcement officers is empowered to act.
i. Statewide - Officers may arrest anywhere within the state
1. NCSHP
2. North Carolina Division of Motor Vehicles (DMV) officers, agents, and inspectors
3. North Carolina State Bureau of Investigation (SBI)
4. North Carolina Alcohol Law Enforcement (ALE) agents
5. NC Wildlife Enforcement officers
6. North Carolina Probation and Parole officers
ii. Local
1. Sheriffs and their deputies - may arrest within the county, on county property outside
the county, and anywhere in the state for felony committed in the county. Consolidated
county-city law enforcement agencies also have this jurisdiction
2. City police officers - may arrest in the city in which they serve, in the area within one
(1) mile of the city limits, and on city property outside the city.
3. Alcohol Beverage Control (ABC) officers employed by county or city ABC boards -
ABC officers employed by county may arrest anywhere in the county in which they are
employed. ABC officers employed by the city may arrest anywhere in the county in
which they are employed, unless limited by a special legislative act that governs the
city's ABC system.
4. Company police officers - may arrest on property owned or possessed and controlled
by their employer.
5. Campus police officers - Territorial jurisdiction of campus police of private colleges
and universities, UNC system institutions, and community colleges, includes the
property owned or leased by the educational institution that employs them, and the
portions of public roads passing through or immediately adjoining their property.

iii. Immediate and continuous pursuit: If offender committed any criminal offense for
which the officer can arrest within his or her jurisdiction, the officer can pursue the
offender anywhere in North Carolina and make the arrest and cannot stop to do
something else and must maintain sight of the offender at all times (G.S 15A-402).
1. Officer can pursue and arrest outside of North Carolina:
a. Georgia, Virginia, South Carolina, or Tennessee.
b. For a suspected felony committed in North Carolina

iv. Subject matter jurisdiction: Refers to the types of crimes for which officers are
authorized to arrest.
1. Arrest for any crime
a. ALE agents
b. SBI agents
c. Sheriffs and their deputies
d. City police officers
e. Local ABC officers
f. Company police officers
g. Campus police officers
2. Limited subject matter jurisdiction
a. Highway Patrol officers
b. DMV officers, agents, and inspectors
c. Wildlife enforcement officers
d. Probation and Parole officers

1. (Pg. 23-32) State the definitions of "reasonable suspicion" and "probable cause."
Answer a. Purpose of an Investigative stop- is to determine whether there is probable
cause to believe that:
i. A crime has or is being committed; and
ii. The suspect has probably committed the crime
b. Legal standard for Investigative Stops - Reasonable Suspicion
i. Terry established that when an officer develops reasonable suspicion to believe
criminal activity is afoot, he can conduct a brief investigative stop.
ii. Reasonable suspicion is a "minimal level of objective justification" more than a hunch,
but less than probable cause.
iii. In ascertaining whether an officer had a reasonable suspicion to make an
investigatory stop, the court must consider the totality of the circumstances. The stop
must be based on specific and articulable facts as well as the rational inferences from
those facts, as viewed through the eyes of a reasonable, cautious officer, guided by his
experience and training.
iv. A generalized suspicion, or hunch, is insufficient to justify an investigative stop.

c. Legal standard for arrests - probable cause

i. To be lawful, arrests must be supported by probable cause. "Probable cause requires
a showing considering the totality of the circumstances that a crime was probably
committed, and the defendant probably committed it.
ii. The United States Supreme Court has defined probable cause to arrest as follows:
whether at the moment the arrest was made, the facts and circumstances within the
officer's knowledge and of which the officer has reasonably trustworthy information were
sufficient to warrant a prudent person in believing that the defendant had committed or
was committing an offense.
iii. Private citizens authority to detain offenders and to assist law enforcement officers.

1. State the North Carolina statutory requirements for: Answer a) Pg. 34-35) G.S. 15A-
401 - making a warrantless arrest;

a. Offense committed in the presence of the officer:

i. An officer may arrest without a warrant any person who the officer has probable cause
to believe has committed a criminal offense in the officer's presence.
b. Offense committed out of presence of the officer:
i. An officer may arrest without a warrant any person who the officer has probable cause
to believe:
1. Has committed a felony; or
2. Has committed a misdemeanor, and:
a. Will not be apprehended unless immediately arrested, or
b. May cause physical injury to himself or others, or damage to property unless
immediately arrested; or
3. Has committed the misdemeanor offense of concealment of merchandise, domestic
criminal trespass, impaired driving in a commercial vehicle; or
4. Has committed the misdemeanor offense of simple assault, simple assault and
battery, simple affray, assault inflicting serious injury or using a deadly weapon, assault
on a female, or assault by pointing a gun when the offense was committed by a person
with whom the alleged victim has a personal relationship as defined in the domestic
violence statute; or
5. Has committed the misdemeanor offense of violation of a valid domestic violence
protective order; or
6. Has violated a pretrial release order

ii. Upon making an arrest, a law enforcement officer must:

1. Identify himself as a law enforcement officer unless his identity is otherwise apparent.
2. Inform the arrested person that he is under arrest, and
3. As promptly as is reasonable under the circumstances, inform the arrested person of
the cause for the arrest, unless the cause appears to be evident.

b) (pg. 31-32) G.S. 15A-404 - a citizen detention;

a. A private person may detain another person when he has probable cause to believe
that person detained has committed in his presence:
i. A felony
ii. A breach of the peace
iii. An offense involving physical injury to another person, or
iv. An offense involving theft or destruction of property
b. The private person must immediately notify law enforcement and must, unless he
releases the person earlier as required, surrender the person to the law enforcement
officer.
c. The detention must be in a reasonable manner considering the offense involved and
the circumstances of the detention.

c) (Pg. 32) G.S. 15A-405 - assistance to enforcement officers by private persons to

effect arrest or prevent escape.

a. North Carolina law allows a private citizen to assist law enforcement officers in
making arrest and preventing escapes from arrest, when requested by a law
enforcement officer.
b. The citizen is not legally obligated to assist.
c. If the citizen chooses to assist, that citizen has the same power as the officers to
arrest and prevent escape.
d. The citizen is not subject to criminal or civil liability when lawfully providing this
assistance and is entitled to worker's compensation coverage if injured.

(Pg. 36-37) State the role of law enforcement as it relates to in the issuance of various
forms of criminal process. Answer · Criminal summons: Charges a crime and orders the
accused to appear in court on a designated time and date to answer to the charges
against him. The accused is not arrested on a criminal summons, but instead served the
summons to appear in court on a specified date.
· Magistrate's order: An officer must take a person arrested without a warrant to a
magistrate so that the magistrate may determine whether to issue a magistrate's order.
A magistrate's order is a document that charges a person with a criminal offense; it is
issued only if the magistrate determines that probable cause exists to believe that a
criminal offense was committed, and that the defendant committed that offense.
· Order for arrest: Process issued by a judicial official that orders a law enforcement to
take a named person into custody.
· Officers usually appear in person before a magistrate to present under oath the facts
which justify the issuance of the warrant or other process charging a criminal offense or
offenses.

Identify the following police-citizen encounters: Answer a) (Pg. 25-26) Voluntary contact:
a. Officers need no justification to approach a citizen. However, during these voluntary
encounters, officers must limit their actions toward the citizen to avoid creating a
seizure. They should involve non-confrontational language, avoid physical contact with
or movement of the citizen, no frisk citizens, and take steps to let the citizen know they
are free to leave and are not under arrest.
b. To lawfully conduct a voluntary encounter an officer need only approach a citizen and
engage in conversation, including asking questions to get information. It is important to
let the citizen control her environment in order to keep the encounter wholly voluntary.
b) (Pg. 26-30) Investigative detention:
a. Officer's must become familiar with the objective factors that justify seizures of any
type, whether it is an investigative stop requiring reasonable suspicion or a full custodial
arrest requiring probable cause.
i. Light of training and experience.
ii. Information received from the other officers or citizens.
iii. Time of day or night.
iv. Whether area is a high crime area.
v. Proximity to crime.
vi. Whether suspect is a stranger to area.
vii. Reaction to officer, including flight.
viii. Officer's knowledge of suspect's Officer's observation in prior criminal activity or
record.
ix. Flight from scene of crime.
x. Actions matching a profile of criminal behavior.
c) (Pg. 30-31) Arrest:
a. An arrest is a more intrusive seizure on a citizen's liberty than an investigative stop;
therefore, more proof is required to justify an arrest. An arrest is a seizure for the
purpose of initiating criminal prosecution (bringing a person to court to face charges).
b. An arrest is complete when "the person submits to the control of the arresting officer
who has indicated his intention to arrest, or the arresting officer, with intent to make an
arrest, takes a person into custody by the use of physical force."[i]
c. Since the purpose of an arrest is much different than an investigative stop, officers
may move a suspect against his will, restrain a suspect, transport a suspect, and search
a suspect during the arrest process. The type and extent of the searches that can be
conducted of a suspect and his property after an arrest will be discussed later in this
material.
d. Unlike an investigative stop, an officer may not interrogate a suspect without reading
Miranda and obtaining a valid waiver. This issue will also be discussed in greater detail
later in the material.
9. (Pg. 40-41) State the statutory procedures officers must follow after making an arrest.
Answer · The officer takes the arrested person to a magistrate or judicial official without
unnecessary delay:
a) To determine whether probable cause exists for a warrantless arrest.
b) To set pre-trial release conditions.
· The officer must, without unnecessary delay, allow defendant to communicate with
lawyer, family, and friends.

10. (Pg. 33-34) State the statutory requirements for conducting an arrest with a warrant.
Answer a) When the officer has the warrant in his possession may arrest the person
named or described therein at any time and at any place within the officer's territorial
jurisdiction.
b) When warrant exists but is not in the officer's possession may arrest the person
named therein at any time. The officer must inform the person arrested that the warrant
has been issued and serve the warrant upon him as soon as possible." This applies
even though the arrest process has been returned to the clerk.

Identify the appropriate level of force when given fact scenarios involving deadly and
non-deadly force situations. Answer a) (Pg. 45-46) Use of non-deadly force - G.S. 15A-
401(d)(1), provides that an officer is justified in using force—not deadly force—when
and to the extent, he reasonably believes it necessary to:
1. Prevent the escape from custody or to effect an arrest of a person who he reasonably
believes has committed a criminal offense, unless the officer knows the arrest is
unauthorized; or
2. Defend himself or a third person from what he reasonably believes to be the use or
imminent use of physical force while effecting or attempting to arrest or while preventing
or attempting to prevent an escape.

b) (Pg. 46) Objective reasonableness - Graham v. Connor

c) (Pg. 46-51) The use of deadly force - G.S. 15A-401(d)(2), is much more restrictive.
The authority to use deadly force depends on the nature of the circumstances the officer
faces at the time such force must be used. The use of deadly force must be "reasonably
necessary" under the circumstances:

1. To defend himself or a third person from what he reasonably believes to be the use
or imminent use of deadly physical force.
2. To prevent the escape of a suspect from custody who he reasonably believes is
attempting to escape by using a deadly weapon.
3. To effect an arrest or prevent an escape from custody of a person who, by his
conduct of any other means, indicates that he presents an imminent threat of death or
serious physical injury to others unless apprehended without delay.
4. To prevent the escape of a person from custody imposed upon him as a result of
conviction for a felony.
12. (Pg. 51-59) State the scope of the following warrantless searches: Answer a)
Consent searches of persons, premises, or vehicles

1. The scope of the search depends on the terms of the consent given to the officers. A
person giving consent may also limit that consent in any manner, including limiting the
duration, location, and scope of the search. ("You may search the first floor of my
house, but nowhere else.") Also, during a consent search, the person who gave consent
may tell the officers to stop at any time.

b) Searches based on probable cause and exigent circumstances

1. When exigent circumstances exist to make an arrest, officers may enter the
defendant's or third party's home or other place of residence even though they do not
have an arrest warrant, search warrant, or consent. Although the term "exigent
circumstances" is not easily described, it generally means that officers need to act
immediately

2. Factors to consider in determining if exigent circumstances exist include:

i. Hot pursuit of a suspect

ii. Danger to the public or law enforcement outside or inside the dwelling of an
immediate, warrantless entry is not made
iii. The need to prevent the imminent destruction of evidence
iv. The need to prevent the suspect's escape
v. Whether the suspect is armed
vi. The gravity of the offense for which the suspect is being arrested; exigent
circumstances will rarely be found to justify entry into a home to arrest for extremely
minor offenses, particularly offenses not punishable by imprisonment.

c) Searches and seizures based on the plain view doctrine

a. There are three (3) basic requirements for a legitimate plain view seizure:
i. The officers are lawfully in a position from which they view an object; and
ii. The incriminating character of the object is immediately apparent (i.e., they have
probable cause)
iii. The officers have a lawful right of access to the object.
b. The plain view rule does not necessarily authorize a warrantless entry into private
premises. The plain view merely provides an observation an officer can use to establish
probable cause

13. (Pg. 65-66) State the legal requirements for conducting searches of motor vehicles.
Answer · The motor vehicle exception - "The Carroll Doctrine."
a) If officers have probable cause to believe there is evidence of crime in the vehicle,
and the vehicle is located in a public place (including public vehicular area), they may
search anywhere in the vehicle where the evidence could be located, including the trunk
(the vehicle must be stopped in a public place). This is known as the motor vehicle
exception to the Fourth Amendment's warrant requirement. It is also known as "the
Carroll Doctrine." A search warrant (or consent or an emergency) is required before
searching a vehicle within the curtilage of the owner's home.
b) Officers may order the driver and passengers either to remain in or move out of the
vehicle with or without suspicion that such persons are a threat.
c) An arrest of an occupant of a vehicle authorizes officers to search the passenger
compartment of the vehicle incident to arrest only if the arrested person is unsecured
and within reaching distance of the passenger compartment, or the officer reasonably
believes there is evidence in the vehicle relevant to the crime for which the person is
arrested. The authority to search a vehicle incident to arrest was discussed in detail
previously.
d) During the search of the passenger compartment, officers may discover illegal items
which in turn may lead to probable cause to believe that additional evidence may be
discovered in the trunk. If so, officers may search the trunk at the scene of the stop
without a warrant. The motor vehicle exception was discussed in detail previously.
Vehicles may sometimes be impounded. Reasons for impoundment may be to protect
the vehicle and its contents or to prevent the vehicle from becoming a safety hazard.
The search of an impounded vehicle must be done by the impoundment and inventory
procedures of the law enforcement agency

14. (Pg. 70-71) Identify the legal requirements governing preparation and execution of a
search warrant for a suspect's premises, vehicle, or person. Answer a) The officer who
executes a search warrant does not have to be the officer who applies for the warrant.
Therefore, the descriptions of the premises, persons, or vehicles to be searched and
property to be seized must be sufficiently detailed so that an officer executing the
search warrant does not search or seize the wrong person or property.
b) It does not matter who completes the application for the search warrant as long as it
accurately represents the facts known to the applicant. Thus, an officer may (and
usually does) fill out most or all of the application before bringing it to the magistrate for
approval. The justice, judge, or magistrate before whom the warrant is brought for
signature will question the applicant under oath about the circumstances giving rise to
her belief that there is probable cause to believe illegal items are located in a certain
place.
c) In addition to the applicant officer, other officers, informants, and citizens may come
before the judicial official to testify in support of the warrant application. Instead of such
testimony, civilians and/or officers can sign affidavits which must be attached to the
warrant application.
· Who may issue a search warrant?
o Judicial officials
o Appellate and super court judges (Valid anywhere in state)
o District court judges (Valid within district)
o Clerks and magistrates (Valid in county)

15. (Pg. 83-88) Identify the special search warrant concerns in obscenity, crime scene,
and financial crime situations. Answer · Mincey v. Arizona: Court ruled that it was
unconstitutional for the police to conduct a warrantless four-day search of a scene
where an undercover police officer had been killed. Students should note that the Court
recognized that the entry into Mincey's home was justified given the exigent
circumstance of an officer just being shot. Once lawfully inside, the officers were
allowed to conduct a protective sweep of the premises to check for victims and
perpetrators.
a) Obscenity offenses: Only upon the request of a district attorney or assistant district
attorney can an officer apply for a search warrant to search for and seize obscene
materials.
b) Crime scene search warrant problems: Officers must note the distinction between a
lawful warrantless entry based on exigent circumstances and the right to search the
premises entered. As a general rule, law enforcement officers are allowed to make a
warrantless entry into a possible crime scene if consent is obtained from one with
apparent legal authority to grant consent or exigent circumstances exist.
c) Financial: Law enforcement can access a customer's financial records held by a
financial institution by five (5) methods:
· Customer authorization. G.S. 53B-4(1).
· Search warrant. G.S. 53B-4(3).
· Pending litigation. G.S. 53B-4(8).
· State grand jury subpoena or court order. G.S. 53B-4(9).
· Other court order or subpoena. G.S. 53B-4(11).

Pg. 83) Identify the situations when only a District Attorney's Office may apply for a
warrant or order. Answer District Attorney's Office may apply for a search warrant to
search and seize obscene materials.

17. Identify the legal concepts of "custody" and "interrogation" as they relate to the
requirements of the United States Supreme Court decision, Miranda v. Arizona. Answer
· Interrogation: means statements or questions designed to elicit an incriminating
response.
· Custody: A suspect is in "custody" for Miranda purposes when he has been formally
arrested or when his freedom of movement has been restrained.
· Custody and Interrogation is required for Miranda warning.

18. (Pg. 109-111) Recite the four (4) Miranda warnings, as well as the additional
juvenile warning under G.S. 7B-2101. Answer · Adult (18 years and older):
o You have the right to remain silent,
o What you say may be used in court against you,
o You have the right to have a lawyer present during questioning, and
o You have the right to an appointed lawyer during interrogation is you cannot afford to
hire one.
· Juvenile
o That the juvenile has a right to remain silent;
o That any statement the juvenile does make can be and may be used against the
juvenile;
o That the juvenile has a right to have a parent, guardian, or custodian present during
questioning; and
o That the juvenile has a right to consult with an attorney and that one will be appointed
for the juvenile if the juvenile is not represented and wants representation
· Minors who are 16 and 17 are allowed to waive their rights under the law as long as
the waiver is done knowingly, willingly, and understandingly.
· Minors under the age of 16 can never waive Miranda rights. Parents, guardians, and
custodians are also prohibited from waiving these rights for youth.
· When the juvenile is less than 16 years of age, no in-custody admission or confession
resulting from interrogation may be admitted into evidence unless the confession or
admission was made in the presence of the juvenile's parent, guardian, custodian, or
attorney

19. (Pg. 108-109) Identify and explain the exceptions to the Miranda requirement.
Answer a) Routine booking questions.
b) Public safety exception
c) Spontaneous, volunteered statements
d) Custodial or noncustodial questioning

20. (Pg. 106-107) State how non-custodial interview techniques can be used to obtain
lawful confessions. Answer a) Inform the suspect that she is not under arrest
b) Do not surround the suspect with officers
c) Do not display weapons during questioning
d) Inform the suspect that she is free to discontinue the interview and leave at any time;
document all facts in your notes that support noncustody.
e) Allow the suspect to make phone calls, have a cigarette, and have food and
beverage; if applicable, offer her a ride home, do not over-supervise the defendant.
f) Interview the suspect in an environment familiar to her, do not use interrogation room
setting.
g) Allow the suspect to have family members or friends present during questioning.
h) If "non-custody " is challenged at a suppression hearing, officer should encourage the
district attorney to insist on detailed "finding of facts".
Consider interviewing the person at a neutral place - a coffee shop, etc

21. State how the Fifth Amendment and Sixth Amendment rights protect suspects
during interrogation by law enforcement officers. Answer · Fifth Amendment: Gives rise
to Miranda rights. A person in custody has the right to counsel before interrogation or
questioning can begin. However, if the officer does not have to interrogate, then the
officer should not advise the person in custody of those rights. Under the 5th
amendment rights, the officer can still talk with the person in custody about other crimes
not related to what he is charged with.
· Sixth Amendment: The accused shall enjoy the assistance of counsel for his defense.
Once the accused invokes his 6th amendment rights, he cannot be questioned about
any crime without the presence of his attorney.

22. (Pg. 133-136) Identify the procedures for conducting a photographic lineup under
the North Carolina Eyewitness Identification Reform Act. Answer Before a lineup, the
witness shall be instructed that:
· The perpetrator may or may not be in the lineup
· The lineup administrator does not know the suspect's identity
· The eyewitness should not feel compelled to make an identification
· It is as important to exclude innocent persons as it is to identify the perpetrator
· The investigation will continue whether or not the identification is made.
· The eyewitness shall acknowledge the receipt of instructions in writing (or admin note
refusal and then sign).
· In a photo line-up, the photograph of the suspect shall be contemporary and, to the
extent practicable, shall resemble the suspect's appearance at the time of the offense.

The lineup shall be composed so that the fillers generally resemble the eyewitness's
description of the perpetrator, while ensuring that the suspect does not unduly stand out
from the fillers. In addition:

· All fillers selected shall resemble, as much as practicable, the eyewitness's description
of the perpetrator in significant features, including any unique or unusual features.
· At least five fillers shall be included in a photo lineup, in addition to the suspect
· If the eyewitness has previously seen any lineup in connection with the identification of
another person suspect of involvement in the offense, the fillers in the lineup shall be
different from the fillers used in any prior lineups.
· If there are multiple eyewitnesses, the suspect shall be placed in a different position in
lineups for each witness.
· In a lineup, no writings of information concerning any previous arrest, indictment, or
conviction shall be visible or made know to the eyewitness.
· Only one suspect shall be included in a lineup
· Nothing shall be said to the eyewitness regarding the suspect's position in the lineup of
regarding anything that might influence the eyewitness's identification
· The lineup administrator shall seek and document a clear statement from the
eyewitness, at the time of the identification and in the eyewitness's own words, as to the
eyewitness's confidence level that the person identified in a given lineup is the
perpetrator. Witnesses are to be separate during this procedure or instruction.
· Record must be kept of all results, names of people in lineup, date/time/location of
lineup, words used by eyewitness, sources of all photographs used, photos themselves.

1. (Pg. 2-4) Recite five (5) items an officer should be aware of before the first day in
court, as provided in the lesson plan. Answer · The first day in court as a new law
enforcement officer should not be the first day at the courthouse. Before the first day
that the new officer's cases are scheduled for court, an experienced officer should take
the new officer to the courthouse and show the new officer around.
· While on the initial visit to the courthouse, the new officer should observe 1-2 hours of
court or more, meet the assistant district attorney assigned to court that day, the judge,
as many defense attorneys as possible, and all of the other court personnel (i.e., clerk
of court staff, bailiffs, etc.).

1. (Pg. 2-4) Recite five (5) items an officer should be aware of before the first day in
court, as provided in the lesson plan. Answer Where to park the vehicle while in
court,Where are the bathrooms and the place where other officers,How to get to see the
district attorney (D.A.) in advance about a case,The function of all court
[Link] to sit while waiting for cases to be called for trial,Where to stand while
summarizing the evidence in a case when the defendant pleads guilty?,Where and how
to get copies of the court docket for that day?,An experienced officer should advise the
new officer of any particular policies of the judge or district attorney.

2. (Pg. 4-5) State the importance of an officer's reputation for truthfulness. Answer · The
officer's most important attribute is a reputation for honest, impartial, and accurate
testimony. Officers must have a reputation for always being truthful, whether under oath
or not.

3. (Pg. 5-9) Name five (5) activities an officer should do to prepare for court. Answer ·
Understanding the types of courts and proceedings in which you may appear.
o District court - Infraction or misdemeanor only (some felonies may be pled in district
court. Session lasts one (1) day.
o Superior court - A judge presides over superior criminal court, but there is also a jury
present that determines as to whether the defendant is guilty or not guilty. A defendant
may waive their right to a jury trial and allow the presiding judge to determine whether
the defendant is guilty or not guilty. Additionally, a waiver of a jury trial does not apply to
cases where the State is seeking the death penalty.
§ A session of court in Superior court is one (1) week and may last longer to complete a
trial.
o Juvenile court - A judge presides over juvenile court proceedings, and all cases,
including misdemeanors and felonies, are tried in this court.
§ A session of juvenile court is one (1) day.
§ There are strict confidentiality rules concerning juvenile matters, and the dockets are
not public records.
o Grand jury - A body of citizens who hear cases and determine whether probable
cause exists that a crime has been committed and whether to issue a true bill of
indictment
· Get a court docket in advance and locate your cases. If a defendant has paid their
citation off in advance, then that case may not be listed on the docket. In most
jurisdictions, when court is opened, the district attorney will call the names on the docket
and ask the defendants to enter their plea of guilty or not guilty. Some will be granted a
continuance to the officer's next court date; some will plead guilty, some will answer that
they are represented by an attorney, and some will plead not guilty.
· Prepare, organize, and become familiar with the contents of your notes. Know where
all items are located within the file
o When going to district court, the notes and citations should be taken for all
outstanding district court cases, regardless of which date they are set for trial
o Your notes should never contain any unprofessional remarks, off-color jokes, personal
items, etc.
· Keeping up with court dates is the responsibility of the officer, and the officer should
never fail to be in court when scheduled cases are on the docket. If vacation is planned
during court dates, the officer should consult the district attorney to make sure that any
scheduled cases can be continued. If the district attorney requires the officer's presence
on that date, rearrange the vacation schedule. If an officer is scheduled to be off on
court dates but is available by telephone, such an arrangement should be cleared with
the district attorney, and the telephone number should be provided. Do not simply leave
the telephone number with the dispatcher or supervisor; give it to the district attorney.
· Officers may learn more about testifying by observing trials, concentrating on how
various lawyers treat each witness, and how the witness reacts
· If a district attorney requests to speak to you about a case before trial, have your notes
with you.
o If possible, review your notes before this meeting.
o When discussing a district court case with the D.A. before trial, the officer should be
aware that the district attorney's time may be limited, and there are a lot of cases to be
disposed of.
· It is important that necessary witnesses are present for trial. Therefore, the officer
should become familiar with the local practice for obtaining witnesses for court.
o In some jurisdictions, the charging officer may be requested to serve a subpoena for a
witness. The officer serving the subpoena has the responsibility to notify the witness of
the date, time, and location of the court proceeding
· One way to improve effectiveness as an investigator and as a witness is to review all
major cases with the district attorney after court. Both the officer and the district attorney
will discover numerous ways to better handle future cases. All district court cases
cannot be reviewed with the district attorney, but if something happens in a particular
case that concerns the officer, an explanation should be sought.
· Some law enforcement agencies assign personnel to act as a court liaison officer. This
officer has the responsibility of ensuring that testifying officers are notified of the date,
time, and place to appear for trial or other proceedings.
o In some jurisdictions, the court liaison officer facilitates requests from the District
Attorney's Office to locate witnesses or items of evidence and helps officers to prepare
for court by reviewing citations for completeness and accuracy

4. (Pg. 9-13) State five (5) things an officer should do (or refrain from doing) to ensure
that courtroom demeanor, dress, and appearance are proper. Answer · At all times in
the courtroom or around the courthouse, a demeanor of "strictly business" should be
maintained

o Make sure that your telephone or radio is turned off

o At all times, sit erect and avoid unprofessional mannerisms such as:
§ Rubbing the nose
§ Pulling earlobes
§ Cleaning fingernails
§ Playing with keys
§ Reading, unnecessary talking, etc.
§ Texting or checking cell phone
§ Repetitive tapping of fingernails or feet
§ Drinking, chewing tobacco or gum, or using toothpicks
o While on the stand, be mindful of your hands. Some people talk with their hands. Do
not allow them to wander freely for no reason. Place them on your lap or the armrest.

o When speaking, use correct English and grammar. Do not curse or use slang or street
talk unless you are quoting another and notify the attorneys and judge that you are
going to quote another person, and the quote includes profanity.

o Know your audience. If you are testifying in grand jury, then you are the only person
the jurors are listening to. You have their full attention.

§ If you are testifying in district court, occasionally turn and face the judge when
answering a question, without staring at him or her through the entire trial.
§ In superior court, when answering questions of the district attorney or the defense,
turn and face the jury when providing lengthy answers or explanations.
§ Make eye contact and tell the jury what happened. They are the ones who will decide
your case. Look at them, not the notes in your hand, or the attorneys who are asking the
questions, or the judge.
§ If the question only requires a "yes" or "no" response, then continue to look at the
attorneys.

o Do not use police "jargon." Speak in everyday terms so that the judge and jury will
know what is being said. The use of police jargon and codes may sound impressive to
an officer, but the judge and jury will be lost.

o Taking the oath and beginning your testimony:

§ Stand up straight with good posture.
§ Have nothing in the hands (lay notes and citation book on the table beside the Bible).
§ Place the left hand on the Bible (if swearing) and raise the right hand (be careful not to
get the hands reversed).
§ Answer "I do" loudly, firmly, and sincerely.
§ Most likely, the first question the district attorney will ask is to, "Please state your
name and rank". Answer slowly and clearly so that persons can easily understand.

o When referring to the defendant, use the terms "Mr.," "Mrs.," "Ms.," or "the defendant."

o You should be well groomed, and your clothes should be neat, clean, and pressed.
Wear either a suit, coat, and tie, or uniform.
o Display professional conduct in and around the courthouse. Always behave as if
prospective jurors are watching you. They will be observing an officer's conduct, which
will have an impact on how the officer may be viewed as a witness.

o Above all, be courteous to the judge.

o You may be familiar with other officers in the courtroom, including the bailiffs and
other court security officers. Be professional in your interactions with them, both inside
and outside the courtroom.

o Do not be surprised by the presence of cameras in the courtroom. This is becoming

the norm in serious cases.

o Be aware of your facial expressions. Do not roll your eyes or otherwise use
expressions to show your displeasure with a question.

o Do not show favoritism to either party in the case.

o Sequestering a witness - upon a request by a party or on the Court's motion, the judge
may order that a witness is excluded from the courtroom so that they cannot hear the
testimony of other witnesses.

§ A sequestered witness must not discuss the case in any respect until the end of the
case. If you have been sequestered from the courtroom, ask the court personnel where
you should wait until you are called to testify

5. (Pg. 13-16) State what an officer is allowed to testify to when on the stand. Answer ·
The most important rule to remember when testifying is to TELL THE TRUTH.

· Sometimes officers try to testify to more than they observed. This seems to occur with
investigations that are particularly complex or confusing. It may be difficult for an officer
to remember exactly what happened. An officer's recollection may become distorted if
he incorporates another officer's observations.

o The officer should not attempt to testify to what "may be" remembered or is "sort of"
remembered. If you do not recall what you observed at a given moment, simply respond
accordingly: "Sir/Ma'am, I do not recall."

· There may come a time when an officer realizes that a mistake has been made during
testimony. The temptation to let it go, hoping that no one notices, must be avoided.
Someone, a juror, the judge, or the defense attorney, will discover the inaccuracy in the
testimony. If not corrected, it will appear that either the testimony was falsified or that
the officer did not know the facts of the case.

o While still on the witness stand, politely stop your testimony, correct the mistake and
move on. Do not allow a mistake to go uncorrected because you are embarrassed. Your
credibility is at stake. Stopping your testimony to correct a prior response(s) enhances
your credibility and reputation for honesty. If the officer is no longer on the stand when
realizing the error, the district attorney should be immediately notified so that the officer
can be recalled.
· If the officer cannot remember or is not sure of the answer to a question, the officer
should say so. An officer should respond, "I don't recall" only when the officer simply
cannot remember a certain fact. Also, if you do not know the answer to a particular
question, do not be afraid to say so.

· People should not be referred to as he, she, we, or they. Use names or definite nouns.

· The officer's testimony should provide all of the details of an incident, including, but not
limited to, the defendant's condition, attitude, appearance, etc.

· If you need assistance recalling the details of the incident you are being asked to
describe, as a tool to help you remember, think of the five (5) senses: touch, taste,
smell, hearing, and sight.

· When testifying about distances, use references in the courtroom whenever possible.

· When the district attorney asks if the defendant is in the courtroom, the officer should
describe where the defendant is sitting and the type of clothes the defendant is wearing.

· When describing a scene, an officer may be asked to use a blackboard or whiteboard

to sketch if the sketch will help illustrate testimony. If possible, the officer shouldsketch
in advance and large enough so that the judge and all members of the jury can easily
see it. Label everything (streets, bodies, stop signs, etc.) that is relevant to the
testimony.

· Avoid "qualifiers," phrases that qualify your statements such as "I believe," "basically,"
"I think," "probably," "I guess," etc. Clearly, state facts as you know them, and if you are
unsure, then state the reason you are unsure. Defense attorneys may use these
qualifiers against you to make it seem as if you are unsure of your case.

· If you are asked a question by either attorney that you do not understand, do not be
embarrassed or answer the question that you think you are being asked. Instead,
politely say: "I am sorry, but I didn't understand your question, could you repeat it? Or "If
I understand your question correctly, you asked me if (insert what you understand the
question to mean)" and then provide your answer.

· If you believe your testimony might differ from the testimony of another prosecution
witness, you should notify the district attorney.

6. (Pg. 16) Identify two (2) purposes of direct-examination. Answer · To bring out the
facts of the case relevant to the party calling the witness, typically the prosecutor.

· To establish the elements of each of the crimes charged beyond a reasonable doubt.

· During direct examination, the attorney is not allowed to use "leading" questions.
7. (Pg. 16) Identify two (2) purposes of cross-examination. Answer · To bring out the
whole truth, not just facts favorable to the prosecution.

· To uncover omissions in testimony, which could have the effect of leaving unfair,
untrue, or misinterpreted conceptions in the jury's mind.

· To develop and bring out a witness' prejudices.

· To demonstrate a witness' uncertainty or unfamiliarity with the facts.

8. (Pg. 19) Identify two (2) purposes of plea-bargaining. Answer · Our courts are
overcrowded, and there is a need to dispose of as many cases as possible without a
trial.

· The district attorney may realize that the case is weak, and rather than take a chance
that the jury might find the defendant not guilty, the district attorney will agree to accept
a plea to a lesser charge.

· The defendant might believe that the jury will convict him of the greater charge and so
will plead guilty to the lesser charge.

· Plea bargain may be reasonable in the interest of justice.

1. Name the three (3) different categories of crowds and give an example of each.
Answer a) Physical crowd

· The physical crowd can also be called a conventional crowd or casual crowd. They are
characterized by density of contact showing no significant group behavior. The physical
crowd has little or no organization, no unity of purpose, its members come and go, and
have no common bond. (Example: mall or major festival-type event).

b) Psychological crowd

· Is an assemblage of people who have a sustained common interest and respond

emotionally to the same stimuli. (Example: ball game, political speech, parades, fires,
accidents or disturbances)

o Sightseer or sightseeing crowd: This crowd is characterized by their common bond (a

single purpose for being at a certain place). They are characterized as curiosity
seekers, mostly cooperative, and sometimes anxious to assist. Officers must retain their
cooperation while attempting to disperse them. One must determine an appropriate
action. Some groups may respond to a stern warning or direction, while this same
action may set off another group. The best course of action is to start with diplomacy
and gain their cooperation. Also, taking away the "show" or focal event will often help
this crowd to disperse on its own.
o The expressive or agitated crowd: Are involved in some kind of expressive behavior,
such as a block party or political rally. This type of crowd is emotionally involved and
can easily become agitated if approached improperly. For the most part, they want to
have a good time or express their point of view. If possible, and as long as there is no
breach of peace, it is best to let the crowd release their energies by permitting them to
express themselves.

§ Expressive or agitated crowds are an unorganized group of people willing to be led

into lawlessness but hesitate to act because it lacks

· Organization

· Courage

· Unity

c) Mob

· Mob (hostile/aggressive): A mob is a crowd whose members, under the stimulus of

intense excitement and agitation, lose their sense of reason. They can also lose respect
for the sense of order, law, and respect for each other. This type of crowd is a riot under
NC law.

o Escape mob: A highly emotionally charged crowd driven by fright describes the
escape mob. People involved are driven by an overpowering fright, which creates an
emotional, unreasonable, and frantic behavior driving the crowd to seek safety. This
type of mob is extremely difficult to control because the group, even though together
and acting as one, is interested in individual survival

o The aggressive mob: This is a mob that will attack, riot, and terrorize others. The aim
of the mob is the destruction of property and physical attacks on persons. The actions of
the crowd or the sight of blood often drives them to a frenzy

o Acquisitive mob: This mob has the desire to acquire something. (Example: The looting
of food or merchandise, the taking or attempting to take an officer's prisoner.) A prisoner
taken by officers in a bar or loud party call can also be the target of the crowd as they
try to regain control of their peer. When making an arrest, officers must take action to
remove prisoners or other persons in custody as soon as possible to help defuse the
focus of this type of group.

o Expressive mob: An expressive mob is a group expressing intense feelings or revelry.

Usually follows some special event. This type of crowd can show itself at your local high
school football game. This type of mob can be very destructive.

o Flash mobs: A flash mob is a group of strangers who organize themselves, using
electronic media such as cell phones or the Internet, to gather together in a public
place, behave in a predetermined manner for a predetermined amount of time, and then
quickly disperse.

2. Identify the tactics used to counter the social and psychological influences of crowd
behavior. Answer · Influences

o Anonymity: The feeling of being lost in the crowd. Members of the crowd feel they
cannot be identified. Therefore, they lose responsibility for their actions

o Universality: The "everybody is doing it" feeling. Members feel the attitudes and
emotions are being experienced and are shared by everyone in the group

o Inability to withdraw: Being afraid to express a view contrary to those in the majority

o Increased hostility: When people are frustrated and believe they are being treated
unfairly, confrontation is an outlet for their anger; however, conflict does not eliminate
the problem, and it often increases hatred between social groups. According to this
theory, people merely reveal their true selves in a crowd--the crowd serving only as an
excuse or a trigger

o Social suggestion: The urge to do what others do is quite strong with the majority of
people. Crowd people tend to follow the lead of others, particularly those designated as
leaders. Those involved usually have a common denominator that brings them together
to unify the group

o Emotionality: There exists in any crowd a high degree of emotional tension and
excitement. Hostile emotions like anger and fear may drive the crowd to act out.

o Irrationality: There are two (2) aspects of this behavior in a crowd setting. The first is
fear and panic. The second is frustration, which can result in violent behavior.

o Homogeneity of mental state (group mindset): Here the members of the mob share a
common attitude, opinion, dissatisfaction, and frustration. Often referred to as a "group
mindset."

o Emotional contagion (contagion theory): This is the most dramatic feature of collective
behavior, where excitement seems to be transmitted from one (1) person to another.
Emotional contagion provides the crowd with psychological unity and the point at which
a crowd or assemblage becomes a mob

· Tactics for countering social/psychological influences

o Dispersing the crowd as soon as possible to reduce the influences of the crowd on its
members.

§ Verbalizing the need for the crowd to disperse, using diplomacy and tact
§ Seeking cooperation and explaining what actions may be used to disperse the group if
necessary.

§ Allow a reasonable time for the crowd to disperse and "save-face;" pushing the crowd
may lead to a confrontation.

§ Control the number of officers on the scene. Too many officers present may lead to
uncoordinated action being taken and/or may "push" the crowd into action. If additional
officers are at the scene or needed in the event the situation turns into a confrontation,
they should be positioned nearby but out of sight of the crowd.

§ If the crowd's actions should result in violence, then more forcible dispersal actions
may be needed. We will cover those tactics later in this block of instruction.

o The use of photography and video to take away anonymity.

o Selective arrest and enforcement to reduce the feeling of universality. Note: arrest
should be made selectively or at the direction of supervisors. This is necessary to
maintain sufficient manpower levels at the scene.

o Call people by name if they are known. Officers who are in contact with their
communities through community policing efforts should know their residents.

o Put them on notice of the law and possible violations, i.e., order to disperse, failure to
disperse and unlawful assembly.

o Have a dispersal/back-up team formed close by the scene but out of sight, to not
inflame the situation until they are needed.

3. State the duties of a law enforcement officer when patrolling a non-violent/passive

protest and a potentially violent/hostile demonstration. Answer · Mental preparation: A
special need exists to prepare individuals for the mental and physical stress of civil
disturbance control operations. Officers must be made aware of the influence of social
and psychological factors upon their behavior. The same human behavioral influences
that work on the disorderly crowd can also influence officers. We counter this through
training, discipline, and preparation. In addition to these influences, there are others that
will affect officers in a riot/crowd management situation. Some of those include:

o Individual response to stress: Officers engaged in civil disturbance operations will

encounter the noise and confusion created by large numbers of people facing them.
Individuals may shout at, insult, or call officers abusive names. Officers must learn to
ignore these taunts and not allow personal feelings to interfere with the execution of
their mission. Also, officers can expect objects to be thrown at them but must learn to
avoid thrown objects by evasive movements. They must never throw the objects back.
Officers must subdue their emotions and carry out their orders determinedly and
professionally.

o Psychological influences: Just as the crowd may be swept into violence by various
psychological influences, the reaction of officers may be inappropriate because of the
same factors. Both the law enforcement commanders and the officers must be aware of
these factors so that they can cope with them in the civil disturbance environment.

§ The cumulative effect of these psychological factors may be an excessive response

by officers who are often thrust into situations with little time available for briefing.

§ The fatigue factor must also be taken into consideration in determining the ability of
the control force personnel to deal with provocation. In situations where the control
forces become extremely emotionally involved, the supervisors may lose control over
the officer's actions.

§ Emotional involvement - Officer focuses in on one (1) demonstrator and targets this
person for uses of force and/or arrest. Supervisors must be vigilant for such behavior
and pull these officers off the line and put them in a support role until they regain their
composure - "a cooling off time."

· Law enforcement roles and responsibilities

o Non-violent/passive protest: As law enforcement agencies through the country

continue to improve and update their training in response to violent community
disturbances, most do not have a plan of action when dealing with the non-violent or
passive protest. Law enforcement officers should not respond to passive protests in the
same manner as they would for violent protests. Law enforcement agencies must
develop a procedure to deal with this type disturbance. When confronting passive
protesters, law enforcement officers must be aware of the differences in tactics used by
this group as compared to the violent group, because the response will be different.

§ Passive protests: lawful v. unlawful: Officers must always be aware of state and local
laws dealing with lawful protests. The simple fact that a group of individuals is gathering
to voice an opinion to gain public sentiment does not necessarily mean that the protest
is unlawful.

§ What is lawful?
· Picketing
· Parades and marches

§ What is unlawful?
· Violence
· Blocking entrances

§ Communication and liaisons

· Identify the leaders: Once the leaders are identified, it is imperative that open
communication is maintained with them

· Attend group meetings to obtain intelligence information

· Use informants: Infiltrate meetings as a last resort when leaders do not cooperate.
Help to identify troublemakers and possible militants.

· Identify local and out of town militants

· Report to supervisors: Any information received must be relayed to departmental

supervisors

4. Demonstrate proper crowd control formations, using the riot baton to control/restrain
crowd movement. Answer · Grip, stances, and footwork

o Basic grip: During crowd control situations, the baton is normally held using the two-
handed grip. The right-hand grips the end of the baton. The left-hand grips the barrel of
the baton approximately 12 inches from the tip. If a thong or lanyard is attached to the
baton, do not wrap it around your fingers, wrist, or hand.

o Parade rest position: "Parade rest" is the relaxed and ready position. The feet are
shoulder width apart. The left palm is facing out. The right palm is facing toward the
body. The hands are approximately 6 inches from the end of the baton.

o Port position: The "port" position is a ready position. The right hand and forearm are
parallel to the ground. The left hand is level with the left shoulder. The striking end of
the baton bisects the angle between the neck and left shoulder. The baton is held
approximately 8 inches from the body. The feet are shoulder width apart.

o On guard position: Most movements are initiated from the "on guard" position. The
feet should be placed approximately shoulder width apart, with the left foot about 12
inches forward of the right foot. The weight should be equally distributed on both feet
with the legs slightly bent, and the baton is held approximately 6 inches in front of the
body and at a 45-degree angle. The body is bent slightly at the waist. The left is bent
and parallel to the ground so that the forearm protects your throat area.

o To move forward from the "on guard" position, move the left foot forward and then
bring up the right foot in a shuffle motion.

o To move backward, move the right foot to the rear and then slide the left foot
backwards in a shuffle motion.

o To circle to the left, move the left foot to the left as you pivot on the right foot.

o To circle to the right, move the left foot to the right as you pivot on the right foot.
o To move sideward to the left, move the left foot to the left and then move the right
foot.
o To move sideward to the right, move the right foot to the right and then move the left
foot.

· Primary target striking areas. The same considerations discussed in the baton section
of the Subject Control Arrest Techniques lesson plan apply to the use of the riot baton.
When deadly force is not justified, all strikes are to be directed to the center muscle
mass areas of the opponent's body that are not likely to result in lethal or serious injury.
Center muscle mass does not include the joints of the extremities. These are:

o Center muscle mass of the arm

o Center muscle mass of the leg

o Center muscle mass of the body

· Striking motions using the riot baton

o Jab or short thrust. Slide forward with your left foot. At the same time, quickly thrust
the tip of the baton forward and strike the opponent in the pit of the stomach. After
striking the blow, return quickly to the "on guard" position to prevent the baton from
being grabbed

o Two-handed push. This is not a blow as such, but a technique which can be used to
push or hold back an individual. Slide forward with your left foot and quickly extend both
arms, holding the baton in a horizontal position and push the opponent. Immediately
return to the "on guard" position to prevent the baton from being grabbed. You should
also be prepared to follow with a butt stroke if the baton is grabbed. Several officers
employing this technique in a formation can push or hold back a fairly large group.

o Butt stroke. This blow is generally delivered upward or sideward using that portion of
the baton below the right hand. Slide forward with the left foot while you drive the butt of
the baton towards the opponent's midsection with the right hand. At the same time, pull
the barrel of the baton back towards you with the left hand. In this manner, the baton is
used as a lever to gain additional power.

o Reverse jab. This technique is generally used as a follow-up to the butt stroke.
Following the butt stroke, drive the barrel end of the baton toward the opponent with the
left hand.

o Strike to the center muscle mass of upper and lower leg. Slide forward with the left
foot. As you start the strike, allow the left hand to slide down the barrel of the baton to a
position alongside the right hand. Complete the motion by striking the center muscle
mass of the upper and lower leg.
· Blocking motions using the riot baton

o Against an opponent's left punch. Deflect the punch upwards and to the right of your
body. Strike if necessary and appropriate.

o Against an opponent's right punch. Snap the tip of the barrel upward and outward to
your left, deflecting the blow off to the side. Strike if necessary and appropriate.

o Against an opponent's uppercut. Twist the baton to the horizontal position and thrust it
downward to block the punch. Strike if necessary and appropriate.

o Against an opponent's kick. Pull the left knee backwards while at the same time
thrusting the baton downwards to block the kick. Strike if necessary and appropriate.

· Initial officer/small agency response formations:

o Initial response/mini-formations

§ Use of basic cover-contact approach to begin building the formation

§ Initial or point officer is the contact officer

· Advises other officers of being in charge

· Does the talking

· Makes any order to disperse

· Decides to effect an arrest. Remember, we do not have to make the arrest today and
should only do this as a last resort.

§ The second officer takes a cover position to the right or left of the contact officer and
one (1) pace back. This officer is responsible for watching the crowd for dangers and
covering the point/contact officer

§ The third officer takes a position to the left or right of the contact/point officer and
opposite of the second officer.

§ The fourth officer takes a rear guard position, directly behind the contact/point officer,
two (2) paces directly behind the contact/point officer. This officer needs to be more
flexible in them movements/actions to allow for the protection of the rear of the
formation. They may also have to walk backward.
§ This gives the initial responding officers 360-degree coverage for officer safety and
allows officers to work as a team, instead of being spread throughout the crowd.

§ Supervisor/fifth arriving officer - the supervisor or fifth officer will assume a position in
the center of the formation. She acts as a controlling mechanism to maintain the
squad's integrity and controls a prisoner in the event an arrest is made. She may also
be used to deploy controlled burst of chemical/specialty munitions to help with
withdrawal of the formation.

§ Additional responding units will form a diamond formation, with riot gear on in the
event they are needed to assist the primary team. This may be necessary to help the
initial units to withdraw, or to rescue them if necessary and to disperse the crowd if it is
needed. This group must form up out of sight of the crowd, or they may incite them to
become disruptive.

§ The four-officer diamond is an excellent formation for small agencies to use when
dealing with crowds. All four (4) officers can be placed in one (1) mobile unit to respond,
or use two (2) units, with two (2) officers each. This reduces the number of patrol
vehicles needed, and the number of potential units damaged, should rioters attack
them.

· Additional arriving units: These units should respond to an area close to the scene, but
out of sight so as not to have too many officers on scene and possibly escalate the
situation. While at the staging area these units should form their mini-formations and
prepare to:

o Establish a safe withdrawal area should they have to move in and assist the primary
team with withdrawal.

o Prepare to enter the crowd if necessary, with organized formations and protective and
dispersal equipment.

o Coordinate the isolation of the affected area.

o Extract/cover withdrawal of initial team should the crowd become hostile and attack
them.

o Acts as a dispersal team should it become necessary to use force to break up the
crowd.

· Mini-formations

o Three (3) officer wedge

o Four (4) officer diamond

o Combining of two (2) mini-formations into a basic 6 to 8-person team

· Additional uses of mini-formations

o Rescue teams

o Special arrest teams

o Special dispersal teams, utilizing chemical and or special impact munitions.

· Larger riot control formations

o Squad: A squad should not be less than eight (8) or more than twelve officers. One (1)
member should be designated as the leader. Smaller units may be used by smaller
agencies, but units of less than four (4) officers will not be very effective against large
crowds. It is recommended they only be deployed in the diamond formation. When
additional units arrive, two (2) diamonds can be easily combined to form a basic eight-
person squad.

o Platoon: A platoon should consist of three (3) or four (4) squads. One (1) officer
should be designated as the leader. Three (3) platoons form one (1) company.

o Formations: The line, the echelon (right and left), the wedge, and the diamond; rapid
and uniform response to commands is essential. An additional formation is the arrest
circle, used to protect arresting officers and not crowd dispersal. In the arrest circle,
officers are facing outwardly toward the crowd and not the arrest activity within the
circle.

o Vehicles: Vehicles should be located where they can quickly maneuver to block
oncoming vehicular assault on the riot formation

· Withdrawal of control forces:

o Withdraw
§ Make a tactical withdrawal from an area.
§ Do so in an orderly and deliberate fashion. The mob may view a quick withdrawal as a
victory.

o Re-enter: Control forces should re-enter the area only when sufficient personnel has
arrived to deal with the situation or employ more tactically advanced methods or special
purpose tactics. If unable to re-enter, isolation of the area is the best option

· Mobile rescue tactics: can be used for rescue of officers and citizens in hostile
encounters. A two-car rescue technique can be utilized for this purpose. Position the
first unit at the front of the "stranded" vehicle or scene, at a 45-degree angle—this is the
contact unit. The driver and driver's side rear passenger remain in the vehicle and cover
the flank, while the passenger side officers act as the rescuers. Position the second unit
at a 45-degree angle at the rear of the "stranded" vehicle or scene, with the rear seat
officers deploying to assist with or cover the rescue. The driver and front seat officer
remain in the vehicle. Once the officers have secured the down officer/citizen, the
vehicles then back out of the area, keeping the crowd/rioters in front of them.

5. Identify the various methods for deploying chemical munitions, specialty impact
munitions, and distraction devices. Answer · Chemical munitions should only be used
when the crowd is disorderly to the extent of throwing objects, physically attacking
officers, or there is an imminent threat of either. Any time chemical munitions are used,
at least one (1) crowd escape route should be determined before deployment.

· Currently, there are four (4) forms of chemical agents used by law enforcement
agencies for crowd control:

o HC (Hexachlorethane) - Smoke

§ Conceal movement

§ Disorient the crowd

§ Determine the wind direction

o CN (Chloroacetophenone) - discovered in 1869 by a German chemist

§ Odor: like apple blossoms

§ Incapacitation factor: 10 to 20 minutes. CN is a fast-acting irritant that affects the

upper respiratory passages, lacrimal glands, and eyes. The agents usually begin to
work in 1 to 3 seconds; however, some people may not be affected for up to 30
minutes.

§ CN is an irritant that does not affect everyone. This chemical agent may not affect
those on drugs or alcohol.

§ Physiological effects: Irritating to the skin, causing a burning and itching sensation.
Flowing of tears, nose irritation - agents especially affect moist areas of the body.

§ CN is a lacrimal, meaning it affects the lacrimal glands, ducts, and sacs around the
eyes and in the nasal and sinus cavities.

o CS (Orthochlorbenzalmalononitrile): An irritant agent developed and used for crowd

dispersal. Most effective broad-based munition, used primarily outdoors. Causes
irritation to the eyes, skin, and respiratory system
§ Odor: Peppery smell

§ Incapacitating time factor: produces almost immediate effects in 5 to 10 seconds.

Effects can last from 10 to 30 minutes.

§ Physiological effects

· Extreme burning of the eyes, accompanied by copious flowing of tears

· Involuntary closing of the eyes
· Stinging sensation on moist skin
· Runny nose, sinus, and nasal drip
· Tightness in the chest and throat. One should observe exposed subjects for
respiratory difficulty after exposure. Seek medical treatment if difficulty persists beyond
20 to 30 minutes, or if requested.
· Dizziness or swimming of the head.

o Oleoresin capsicum (OC) products: One needs to know the type of OC dispersal
system they are using. Cone shaped mist systems are effective crowd dispersion
systems, while the streams and foams are target specific systems that do not lend
themselves to crowd dispersal operations. Stream OC products are very useful in crowd
control when used on a controlled scale on specific individuals, such as those identified
for arrest-by-arrest teams. Cone shaped misting or fogging systems are more suited for
crowd dispersal. OC dispersal systems, which use micro-pulverized powered, which is
expelled into the air using compressed gas, are useful in dispersing crowds.

§ Odor: spicy, peppery smell

§ Incapacitation factor for stream-based OC systems

· Acts immediately on most individuals; those individuals under the influence of drugs,
heavy alcohol, or experiencing severe mental problems may be able to ward off the
effects for a time.

· Almost total incapacitation of some subjects.

· Incapacitation usually limited to the one sprayed.

· Foggers and powered based munitions affect the breathing ability of the exposed
individual more than the eyes, which makes them better crowd dispersal systems.

§ Physiological effects

· Burning sensation to the eyes

· Irritation to the nasal passages and throat

· Tight feeling around the chest

§ Stream-based OC products may be best used by arrest teams to target persons

singled out for arrest because of their incapacitating ability.

· Chemical munitions identification chart

Name Color Code Uses

Smoke Yellow Used to obscure vision and determine wind direction

CN Red Used to disperse crowds or on barricaded subjects

CS Blue Riot agent

OC Orange Best used by arrest teams; currently not applied on a broad basis in crowd
control

these agents will not be used as riot agents; however, they may be encountered when
other agencies respond to assist during periods of civil disorder

CR Violet Irritant and sickening agent

DM OD Green Sickening agent; also called "Adamsite."

§ Two (2) additional resources available to officers in crowd dispersal are the Special
Impact munitions, known as SIMS and distraction devices, sometimes referred to as
"flash-bangs".

o Use of special impact munitions (SIMS)

§ Move or route a crowd

§ Cover formation movement during violent demonstrations/riot

§ Takedown targeted subjects for arrest

§ Stop potential violent attackers from hitting officers

o Types of special impact munitions

§ Bean bag rounds

§ Rubber bullets
§ Rubber pellets

§ Rubber baton rounds

§ Foam rounds

§ Wooden baton rounds

§ Sponge rounds

§ Sting-ball grenades - can be fortified with chemical agents, giving it both chemical and
SIMS capabilities.

o Physiological effects: Deploying officers must use caution when deploying these
munitions. As with any impact weapon, officers must avoid striking areas of the body,
which may cause death or serious injury. Those areas are the chest, solar plexus, head,
spine, neck, groin, and major joints.

o First aid steps: Subjects, who are struck with special impact munitions, should be
medically cleared before being confined to a detention facility. Since it is difficult to
determine the nature of internal injuries that a subject has sustained from the use of
SIMS, they should be examined at a hospital before being incarcerated. Lacerations
and other visible wounds should be treated using standard first aid measures until more
advanced medical treatment can be administered

§ Distraction devices: These devices use a low order explosive to create a light and
sound that momentarily blinds and distracts subjects. These effects capitalize on the
panic or fear mentality and will give control forces time to move in and disperse a crowd,
or the device alone may assist in this process. Note: as with any special munitions, only
those officers trained in the use should deploy such devices

o Psychological effects (mental distraction)

§ Diverts or confuses the crowd.

§ May believe that an explosive has been used. This trick or ruse gives control forces
time to act, while the crowd's attention is diverted or preoccupied with "survival"
thinking.

§ Creates fear and may cause some in the crowd to flee, thereby reducing the number
of individual control forces dealt with.

§ Affects the ability of some people to reason due to the sensory overload.

o Physiological effects: Physical distraction, which is one that the body simply cannot
control when exposed to a perceived danger or stimulus that creates fear.
§ Visual effects

· Flash of brilliant light that may cause individuals to be unable to focus and be
disoriented for up 10 to 30 minutes.

§ Auditory effects

· The loud sound or over pressure created by the distraction device, which causes a
slight ringing in the ears and may cause short disturbances in one's equilibrium

§ Potential hazards

· Officers should avoid using them in the vicinity of children and the elderly, due to their
sensitive health

· Fire hazard - the munitions use a small explosive charge, which causes a brilliant
momentary flash (fire ball), which may ignite flammable materials.

· Smoke may add to confusion for control forces as well as rioters.

· Secondary ballistic projectiles - a piece from the munitions or an object may be

propelled by the distraction device, which may cause injuries.

· Hearing problems - exposure to multiple devices, particularly in a closed space, may

result in some hearing loss. Ear protection may be needed in this case.

· Failure of munitions to initiate, resulting in the device being thrown back at control
forces.