OPOTA Final Exam with correct answers 2024

The relationship between a student performance objective and a test question - correct answer A test question must respond directly to an SPO and every SPO may be the basis of a test question The ultimate reason for law enforcement training - correct answer To be able to protect life and property of yourself and the public A peace officer's main goals - correct answer 1. Enforce laws 2. Preserve the peace 3. Prevent crimes 4. Protect civil rights and liberties 5. Provide services Considerations when exercising discretion - correct answer •Use sound judgment to determine which laws are to be formally enforced •Determine if there is a more constructive remedy to a situation without an arrest or citation (e.g., referring a homeless person to a shelter rather than a trespassing arrest) Factors necessary for the commission of a crime (crime triangle) - correct answer 1. Desire •The motivation behind criminal behavior (e.g., financial gain, power, revenge, fear, narcotics usage) •This factor is the most difficult to change 2. Victim •The potential target •Criminals prefer an easy target that is unaware of his/her surroundings or lacking proper security precautions •Difficult to change this factor due to individual personalities 3. Opportunity •Removing opportunity for crime with proper security measures applied to the victim's environment (e.g., locking doors/windows, removing valuables from open view, good lighting) •Most effective area to concentrate crime prevention strategies Core concepts of community policing - correct answer - a partnership between the police and the community - crime prevention - organizational change of the agency - a problem- solving approach to the police role that is proactive Considerations for off duty situations - correct answer 1. Behavior •An officer's behavior is often scrutinized by the community even when not on duty •Not only does this refer to physical and verbal actions, but also online activity on social media •An officer is expected to uphold the law enforcement code of ethics 2. Situational awareness •An officer should make every effort to remain alert even when not working •You never know when you may need to transition quickly from a private citizen to a peace officer •Make certain to preplan with your family should a situation arise while together. Create a number of scenarios for your family to practice •Familiarize yourself with your agency's off duty weapon policy Be a good witness if a situation arises when police intervention is necessary •If the situation involves a reasonable belief of serious physical harm, provide a response as soon as practical •However, if the situation is less serious, the best course of action is to observe the incident until uniformed officers respond •If you become involved, make contact withdispatch as soon as possible to provide information about the incident and information about yourself (e.g., clothing you are wearing, car you are driving, description of offenders and victims, pertinent officer safety information) State the purpose of the bill of rights - correct answer - protect an individual's freedoms - prevent the government from interfering in protected rights Describe the major components of the criminal justice system - correct answer 1. Law enforcement 2. Courts 3. Corrections List the goals of sentencing - correct answer 1. punish the offender and in many cases, rehabilitate the offender 2. Protect society 3. Restore the victim as much as possible The concepts of lawful actions and police legitimacy - correct answer 1. Lawful - defined by laws and standards •Criminal law - identifies what actions are prohibited •Rules of agency (e.g., administrative rules, general orders, standard operating procedures) •Constitutional law (e.g., Fourth, Fifth, Sixth Amendments) •Officers can act lawfully and within the parameters of agency policy and the citizenry still not perceive there to be police legitimacy - there can be lawful, but awful interactions 2. Police legitimacy - exists when the public views the police as authorized to exercise power in order to maintain social order, manage conflicts, and solve problems in the community Three resulting judgments of police legitimacy in action that translate into positive results - correct answer Judgment - Public trust and confidence in the police as being honest, trying to do jobs well, trying to protect the community Result - Individuals are more likely to become actively involved in police-community partnerships Judgment - Public willingness to defer to the law and police authority Result - There is a correlation between those who obey the laws and those who view the police as legitimate; in addition, those who see the police as legitimate have an increased willingness to cooperate by reporting crimes and providing valuable information about known and suspected offenders Judgment - Public belief that police actions are morally justified and appropriate Result - Citizens are more likely to cooperate and defer in moments of crisis Circumstances when filming police officers is permissible - correct answer •At least one party to the encounter consents or •When officers are carrying out their duties in public, so long as it does not interfere with the officers carrying out their duties The relationship between race, genetics, and physical characteristics - correct answer •Race is a modern concept used to classify people by similar, observable physical characteristics •It is not, as many people think, based on genetics •Despite surface appearances, humans are one of the most genetically similar of all species and ... •Within the human species, there is no distinct genetic profile that completely distinguishes one so-called race from another •This is because most genetically influenced traits, like skin color, hair, eye shape, blood type, athleticism, and intelligence, are inherited completely independent of one another The connection between in-groups, out-groups and police legitimacy - correct answer •Some individuals interpret their encounters with police in terms of their group's societal position rather than, or in addition to, the immediate circumstances of the police contact Types of racism - correct answer Individual racism - Internalized, unexpressed biases and prejudices based on race Interpersonal racism - Occurs between individuals. Includes public expressions of racial prejudice and hate made by individuals Institutional racism •Race based discriminatory policies and treatment that are produced and perpetuated by institutions (e.g., schools, mass media, governments, banks) that result in inequitable opportunities and impacts •Occurs within and between institutions •Includes the discriminatory actions of individuals exercising the authority of the institution (e.g., a bank loan officer, representing a banking institution, treating someone with racial bias; a police officer, representing a law enforcement institution, treating someone with racial bias) Structural racism •Refers to the collective way history, culture, and institutions reinforce and perpetuate racializedoutcomes, even in the absence of racist intent •It is broadly encompassing - it touches on all aspects of society (e.g., history, politics, economics) and is the foundation from which the other types of racism emerge •Indicators include power inequalities, unequal access to opportunities, and differing policy outcomes by race, whether or not intentional Components of bias - correct answer •Stereotypes - generalizations about the perceived "typical" characteristics of a social category (i.e., cognitive component) ‒We categorize people by age, gender, race, and role ‒Stereotypes do not necessarily have to have a negative connotation, as social scientists point out that it is just a way for our brain to quickly sort people into recognizable groups •Prejudices - an often negative prejudgment based on characteristics such as race, age, etc. that is not necessarily reasonable or logical •Attitude - positive or negative feelings associated with individuals or groups; the tendency to like or dislike, or to act favorably or unfavorably, toward someone or something Bias-based profiling and criminal profiling - correct answer •Bias-based profiling, racial profiling, and illegal profiling have the same meaning and are used interchangeably •Bias-based profiling is unequal treatment by a law enforcement officer of any person by stopping, questioning, searching, detaining or arresting him/her on the basis of the person's ethnic or racial characteristics, gender, religion, or sexual orientation •Criminal profiling - based on observed behaviors and characteristics •Bias-based profiling - the factors of race/ethnicity and bias towards that race are initiating factors for law enforcement intervention Two types of bias - correct answer Explicit bias and implicit bias - common characteristics •Everyone possesses them •They have real-world effects on behavior •They can relate, for example, to race, religion, gender, sexuality, disability, height, weight, or age Explicit bias - conscious preference (positive or negative) for a social category Implicit bias - preference (positive or negative) for a social category based on stereotypes or attitudes that we hold and tend to develop early in life and that operate outside of our awareness •Implicit biases are related to explicit biases, but they are still distinct concepts ‒While the two types of biases may reinforce each other, implicit biases can be dissociated from explicit biases - our implicit biases do not necessarily align with our explicit beliefs ‒Implicit biases are largely hidden from us, but their effects are pervasive and powerful, and understanding implicit biases is important because they have the potential to impact our interactions and efforts to effectively use procedural justice tactics to promote police legitimacy Two modes of thinking - correct answer 1. Automatic (system 1) ‒Characteristics •Unconscious •Effortless •Automatic •Uses associative memory •Very fast •Practical purpose - simplifies tasks (e.g., driving, tying shoes) which most adults can do without having to systematically and deliberatively think about each step2. More deliberative (system 2) ‒Characteristics •Conscious •Effortful •Controlled •Deliberative •Slower •Protection mechanism - we evaluate everything we see and everyone we meet within 200 milliseconds to determine if something is threatening or not Strategies to counter implicit biases - correct answer •Guarding against its influence in decision making ‒Recognize that everyone has biases and think critically about your own potential biases ‒Seek greater awareness and more education to increase motivation to be fair ‒Know when you are susceptible •Conditions ‒Ambiguous or incomplete information ‒Time constraints ‒Compromised cognitive control •High cognitive load (i.e., processing many thoughts at one time) •Fatigue (i.e., tired) •Result - when the previous factors are present, which they often are in the law enforcement profession, we are more apt to switch to System 1 thinking •Response - engage deliberative processing; slow down your thinking •Overcoming biases ‒Recognizing your stereotypes and reflecting on why the response occurred creates a process to consider how to avoid the biased response and replace it with an unbiased one ‒Counter-stereotypic imaging - develop new associations by looking at positive examples that challenge negative associations ‒Obtain specific information about others by intentionally engaging in a meaningful way with others who are different from you, rather than relying on stereotypical references ‒Be empathetic •Effort required ‒"Intention, attention, and time" are needed to build new associations well enough for them to compete with a person's implicit biases Two- pronged approach to procedural justice - correct answer •Person-based approach - emphasizes the importance of face-to-face interactions between an officer and a citizen •Community-based model - ultimate goal is to achieve police legitimacy throughout entire society The community bank account concept as it relates to procedural justice - correct answer •Every encounter is either a deposit or withdrawal (i.e., an opportunity to increase or decrease the public's perception of police legitimacy) ‒Deposits - police must build up reserves of public trust through actions that reflect courtesy, kindness, and honesty ‒Withdrawals - occur from the community bank account when police actions reflect overreaction, discourteousness, or disrespectful behavior, or when police ignore people or betray their trust ‒If a large reserve of trust is not sustained by continual deposits, the community-police relationship will deteriorate •Significant decrease in public approval of the police after major publicized incidents of misconduct •Studies show that even simple, brief encounters can be used to build police legitimacy when ... ‒Processes are explained, and ‒Words are used that communicate respect •For a person holding negative attitudes toward police, a single positive encounter may not be sufficient to shake preexisting views, but a sustained exposure to positive interactions can start to reshape them The four core principles/ pillars of procedural justice - correct answer - giving other a voice - neutrality in decision making - respectful treatment - trustworthiness Generally accepted ethical responsibilities of peace officers - correct answer •Are found in professional codes of ethics and professional codes of conduct •Are owed to ‒Your community and its citizens ‒The law enforcement profession ‒Your agency ‒Your family ‒Yourself •Includes acting with integrity and treating everyone professionally External influences on behavior - correct answer •Relationships with friends and family •Local citizens •Local media •Department regulations •Interdepartmental politics •Police subculture •Officer's own ethical and moral beliefs and values •Anger •Greed •Lust •Internal rationalizations made prior to or after misconduct Continuum of compromise - correct answer Transformation from idealistic, ethical officer to a self-serving, unethical officer is typically a subtle process •Process ‒Begins with perceived sense of victimization ‒Victimization can lead to a sense of entitlement ‒Entitlement can lead to acts of omissions on the job, and progress to acts of commission, including criminal acts Steps in the decision making model and the application of PLUS filters - correct answer 1. Define the problem, being aware that how you define the problem determines where and how you will look for solutions 2. Identify alternative solutions available to address the problem- at a minimum three, and, ideally, more than five 3. Evaluate the identified alternatives- list the pros and cons of each; differentiate between known facts and personal beliefs about the situation 4. Make the decision 5. Implement the decision 6. Evaluate the decision PLUS filters - correct answer P= policies- is it consistent with my agency's policies and procedures L= legal- is the action lawful? U= universal- does it conform to the universal principles and values of my agency? S= self- does it align with my beliefs of what is right, good and fair? Tenets of below 100 - correct answer 1. Wear your belt 2. Wear your vest 3. Watch your speed 4. WIN- What's important now? 5. Remember: complacency kills! Uses of field notes - correct answer - preservation of knowledge in written form - foundation of the formal written report - Aids in further investigation - evidence in court - documentation of the officer's efforts in the field Types of information to be recorded in field notes - correct answer - complete information on victims, witnesses, and suspects involved - date and time of offense or incident being reported - location of occurrence - type of place where offense or incident took place - details of offense or incident took place - disposition of evidence, property, and subjects - corresponding report number Guidelines to be followed when taking field notes - correct answer - head notebook page with day and time of shift - do not place information from one incident on the same page with information from another incident - write or print neatly so you can read and understand your notes later - record all information in ink - let victims and witnesses talk through the event before you start recording notes - ask clarifying follow-up questions - be as complete as possible - consider the use of electronic data device or template - do not record personal information in your notebook Essential questions answered in a report - correct answer 1. Who 2. What 3. When 4. How 5. Where 6. Why Requirements of a well written report - correct answer - complete - factual - accurate - objective General elements of a crime - correct answer - a prohibited act (acts reps) and... - a specific mental intent (mens Rea) that... - occur at the same time (concurrence) and... - bring about a particular result made unlawful by the statue (causation) Culpable mental state: purposely - correct answer A person acts purposely when it is the person's specific intention to cause a certain result, or, when the gist of the offense is a prohibition against conduct of a certain nature, regardless of what the offender intends to accomplish thereby, it is the offender's specific intention to engage in conduct of that nature Culpable mental state: knowingly - correct answer A person acts knowingly, regardless of purpose, when the person is aware that the person's conduct will probably cause a certain result or will probably be of a certain nature Culpable mental state: recklessly - correct answer A person acts recklessly when, with heedless indifference to the consequences, the person disregards a substantial and unjustifiable risk that the person's conduct is likely to cause a certain result or is likely to be of a certain nature Culpable mental state: negligently - correct answer A person acts negligently when, because of a substantial lapse from due care, the person fails to perceive or avoid a risk that the person's conduct may cause a certain result or may be of a certain nature Attempt to commit an offense (2923.02) - correct answer It is a crime to... - purposely or knowingly, when such purpose or knowledge is sufficient culpability for the commission of an offense, to... - engage in conduct that, if successful, would constitute or result in the offense 2903.01 Aggravated murder - correct answer 2903.02 Murder - correct answer 2903.03 Voluntary Manslaughter - correct answer 2903.04 Involuntary manslaughter - correct answer 2903.041 Reckless homicide - correct answer 2903.05 Negligent homicide - correct answer 2903.06 Aggravated vehicular homicide, vehicular homicide, vehicular manslaughter - correct answer 2903.08 aggravated vehicular assault, vehicular assault - correct answer 2903.11 felonious assault - correct answer 2903.12 Aggravated assault - correct answer 2903.13 assault - correct answer 2903.14 negligent assault - correct answer 2903.21 aggravated menacing - correct answer 2903.211 menacing by stalking - correct answer 2903.22 menacing - correct answer 2905.01 kidnapping - correct answer 2905.02 abduction - correct answer 2905.03 unlawful restraint - correct answer 2905.05 criminal child enticement - correct answer 2905.32 trafficking in persons - correct answer Sexual conduct - correct answer Vaginal intercourse between a male and female; anal intercourse, fellatio, and cunnilingus between persons regardless of sex; and without privilege to do so, the insertion, however slight, of any part of the body or any instrument, apparatus, or other object into the vaginal or anal opening of another Sexual contact - correct answer For the purpose of sexually arousing or gratifying either person, any touching of an erogenous zone of another, including without limitation the •Thigh •Genitals •Buttock •Pubic region •If the person is a female, a breast Sexual activity - correct answer sexual conduct, sexual contact or both 2907.02 Rape - correct answer 2907.03 Sexual battery - correct answer 2907.04 Unlawful sexual conduct with a minor - correct answer 2907.05 gross sexual imposition - correct answer 2907.06 sexual imposition - correct answer 2907.07 importuning - correct answer 2907.08 voyeurism - correct answer 2907.09 public indecency - correct answer 2919.22 endangering children - correct answer 2919.23 interference with custody - correct answer 2919.24 contributing to unruliness or delinquency of a child - correct answer Objective evidence that the crime was motivated by hate or bias - correct answer •The offender and victim were of a different race, religion, disability, sexual orientation, ethnicity, gender, and/or gender identity •Bias-related oral comments, written statements, or gestures were made by the offender indicating his or her bias •The presence of visible symbols of hatred and/or bias •The victim is a member of a specific group that is overwhelmingly outnumbered by other residents in the neighborhood where the victim lives and the incident took place •The victim was visiting a neighborhood where previous hate crimes had been committed and where tensions remained high against the victim's group •Several incidents occurred in the same locality, at or about the same time, and involved victims of similar demographics (e.g., race, gender identity) •A substantial portion of the community where the crime occurred perceived that the incident was motivated by race •The victim was engaged in activities related to his or her race, religion, disability, sexual orientation, ethnicity, gender, or gender identity at the time of the offense; or, if not a member of the group, was a member of an advocacy group supporting the target group •The incident coincided with a holiday or a date of significance relating to a particular group (e.g., Martin Luther King Day, Rosh Hashanah, Ramadan) •The offender was previously involved in a similar hate crime or is a hate group member •A hate group claimed responsibility for the crime or is active in the neighborhood 2927.12 Ethnic intimidation - correct answer 2913.02 Theft - correct answer 2913.03 Unauthorized use of a vehicle - correct answer 2913.04 unauthorized use of property- computer, cable, or telecommunication property - correct answer 2913.11 passing bad checks - correct answer 2913.21 misuse of credit cards - correct answer 2913.31 forgery - correct answer 2913.49 identity fraud - correct answer 2913.51 receiving stolen property - correct answer 2911.02 robbery - correct answer 2911.21 criminal trespass - correct answer 2911.211 aggravated trespass - correct answer 2911.13 breaking and entering - correct answer 2911.12 burglary - correct answer 2909.03 arson - correct answer 2909.04 disrupting public services - correct answer 2909.05 vandalism - correct answer 2909.06 criminal damaging or endangering - correct answer 2909.07 criminal mischief - correct answer 2917.11 disorderly conduct - correct answer 2917.13 misconduct at emergency - correct answer 2917.21 telecommunications harassment - correct answer 2917.32 making false alarms - correct answer 2921.02 bribery - correct answer 2921.11 perjury - correct answer 2921.12 tampering with evidence - correct answer 2921.13 falsification- in theft offense- to purchase firearm - correct answer 2921.29 failure to disclose personal information - correct answer 2921.31 obstructing official business - correct answer 2921.32 obstructing justice - correct answer 2921.33 resisting arrest - correct answer 2921.331 failure to comply with order or signal of police officer - correct answer 2921.34 escape - correct answer 2921.41 theft in office - correct answer 2921.43 soliciting or accepting improper compensation - correct answer 2921.44 dereliction of duty - correct answer 2921.51 impersonation of peace officer or private police officer - correct answer 2907.21 compelling prostitution - correct answer A.Knowingly B.Compel another to engage in sexual activity for hire OR C.Induce, procure, encourage, solicit, request, or otherwise facilitate... 1)A minor to engage in sexual activity for hire, whether or not the offender knows the age of the minor OR 2)A person the offender believes to be a minor to engage in sexual activity for hire, whether or not the person is a minor OR D.Pay or agree to pay a minor directly or through a minor's agent, so that the minor will engage in sexual activity, whether or not offender knows the age of the minor OR E.Pay or agree to pay a person the offender believes to be a minor, either directly or through the person's agent, so that the person will engage in sexual activity, whether or not the person is a minor OR F.Pay a minor, either directly or through the minor's agent, for the minor having engaged in sexual activity pursuant to a prior agreement, whether or not offender knows the age of the minor OR G.Pay a person the offender believes to be a minor, either directly or through the person's agent, for the person having engaged in sexual activity pursuant to a prior agreement, whether or not the person is a minor OR H.Allow a minor to engage in sexual activity for hire if the person allowing the child to engage in sexual activity for hire is the parent, guardian, custodian, person having custody or control, or person in loco parentis of the minor OR I.Allow a person the offender believes to be a minor to engage in sexual activity for hire if the person allowing the person to engage in sexual activity for hire is the parent, guardian, custodian, person having custody or control, or person in loco parentis of the person the offender believes to be a minor, whether or not the person is a minor 2907.24 soliciting - correct answer 1.Statutory Elements - Division (A) A.(A)(1) No person shall solicit another who is 18 years of age or older to engage with such other person in sexual activity for hire B.(A)(2) No person shall solicit another to engage with such other person in sexual activity for hire if the other person is 16 or 17 years of age and the offender knows that the other person is 16 or 17 years of age or is reckless in that regard C.(A)(3) No person shall solicit another to engage with such other person in sexual activity for hire if either of the following applies... 1)The other person is less than 16 years of age, whether or not the offender knows the age of the other person 2)The other person is a developmentally disabled person and the offender knows or has reasonable cause to believe the other person is a developmentally disabled person 2.Statutory Elements - Division (B) A.No person, with knowledge that the person has tested positive as a carrier of a virus that causes acquired immunodeficiency syndrome, shall engage in conduct in violation of division (A) of this section 1.Degree of Offense A.Soliciting another who is eighteen years of age or older, M-3, if violates division (A)(1) B.Soliciting another if the other person is sixteen or seventeen years of age and offender knows, F-5, if violates division (A)(2) C.Soliciting another less than sixteen or who is developmentally disabled and the offender knows, F-3, if violates division (A)(3) D.Engaging in Solicitation after a Positive HIV Test, F-3, if violates division (B) E.If the person in committing the offense, or in attempting to commit the offense, was in, on, or used a motor vehicle, the court may impose a license suspension between 3 months and 2 years or require a number of community service hours. 2.Interpretation of Elements A.Forbids solicitation of paid sexual activity 2907.241 Loitering to engage in solicitation - correct answer 2907.25 prostitution - correct answer 2907.25 prostitution- after positive HIV test - correct answer 1.Statutory Elements - Division (A) A.Engage in sexual activity for hire 2.Statutory Elements - Division (B) A.With knowledge that the person has tested positive as a carrier of a virus that causes acquired immunodeficiency syndrome... B.Engage in sexual activity for hire 3.Degree of Offense A.M3 - Prostitution, if violates division (A) B.F3 - Engaging in Prostitution after a Positive HIV Test, if violates division (B) 2907.22 Promoting prostitution - correct answer 1.Statutory Elements A.Knowingly B.Establish, maintain, operate, manage, supervise, control, or have interest in a brothel OR C.Supervise, manage, or control the activities of a prostitute in engaging sexual activity for hire OR D.Transport another or cause another to be transported in order to facilitate the other person's engaging in sexual activity for hire OR E.For the purpose of violating or facilitating a violation of this section, induce or procure another to engage in sexual activity for hire 2.Degree of Offense A.F-4 B.F-3, if the victim is a minor. 1.Interpretation of Elements A.Forbids various acts which would further the business enterprise of prostitution B.Strict liability as to age is imposed when a victim is a minor and the punishment is more severe in such cases C.This encompasses the business of operating an escort service where sex for hire is involved 2907.23 enticement or solicitation to patronize a prostitute; procurement of a prostitute for another - correct answer 1.Statutory Elements - Division (A) A.Knowingly and for gain . . . B.Entice or solicit another person to patronize a prostitute or brothel or C.Procure a prostitute for another to patronize or D.Take or direct another at his/her own request to any place for the purpose of patronizing a prostitute 2.Statutory Elements - Division (B) A.Having authority or responsibility over the use of premises . . . B.Knowingly C.Permit the premises to be used for the purpose of engaging in sexual activity for hire 1.Degree of Offense A.M-1 B.F-4, If the prostitute who is procured is under 16 years of age C.F-5, If the prostitute who is procured is 16 or 17 years of age 2.Interpretation of Elements A.Covers different kinds of conduct: 1)Pimping 2)Pandering 2907.31 disseminating matter harmful to juveniles - correct answer 1.Statutory Elements A.With knowledge of its character or content B.Recklessly . . . C.Directly sell, deliver, furnish, disseminate, provide, exhibit, rent, or present any material or performance which is obscene or harmful to juveniles to . . . 1)A juvenile OR 2)A group of juveniles OR 3)A law enforcement officer posing as a juvenile OR 4) A group of law enforcement officers posing as juveniles OR D. Directly offer or agree to sell, deliver, furnish, disseminate, provide, exhibit, rent, or present any material or performance which is obscene or harmful to juveniles to . . . A.A juvenile OR B.A group of juveniles OR C.A law enforcement officer posing as a juvenile OR D.A group of law enforcement officers posing as juveniles OR 1.Statutory Elements CON'T E.While in the physical proximity of the juvenile or law enforcement officer posing as a juvenile, allow any juvenile or law enforcement officer posing as a juvenile to review or peruse any material or view any live performance that is harmful to juveniles 2.Degree of Offense A.M-1, if material or performance presented is harmful to juveniles, but not obscene B.F-5, if material or performance is obscene C.F-4, if material or performance presented is obscene and the juvenile is under 13 years of age 3.Interpretation of Elements 1)Allows businesses to accept the usual means of documentary evidence of age or marital status 2)Allows proscribed materials to be presented for medical, educational, or other proper purposes 3)"Present to a juvenile" means a direct presentation to specific juvenile(s) as opposed to a presentation to the general public 1.Interpretation of Elements A.Affirmative Defenses for materials that are obscene or harmful to juveniles: 1)Material or performance was furnished or presented for a bona fide medical, scientific, educational, governmental, judicia 2907.321 Pandering obscenity involving a minor - correct answer 1.Statutory Elements A.With knowledge of the character of the material or performance involved . . . B.Create, reproduce, or publish: (1) any obscene material (2) that has a minor as one of its participants or portrayed observers OR C.If a minor is one of the participants or portrayed observers of any obscene material... (1) promote or advertise for sale or dissemination OR (2) sell, deliver, disseminate, display, exhibit, present, rent, or provide OR (3) offer or agree to sell, deliver, disseminate, display, exhibit, present, rent, or provide OR D.Create, direct, or produce... (1) an obscene performance (2) that has a minor as one of its participants OR E.Advertise or promote for presentation, present, or participate in presenting... (1) an obscene performance, (2) that has a minor as one of its participants OR F.Buy, procure, possess, or control ... (1) any obscene material (2) that has a minor as one of its participants OR G.Bring or cause to be brought into this State... (1) any obscene material... (2) that has a minor as one of its participants or portrayed observers 1.Degree of Offense A.F2 B.F4, if buy, procure, possess, or control (F3 if prior conviction of specific offenses) 2.Interpretation of Elements A.This section does not apply to any material or performance that is sold, disseminated, displayed, possessed, controlled, brought, or caused to be brought into this State, or presented for a bona fide medical, scientific, educational, religious, governmental, judicial, or other proper purpose, by or to a physician, psychologist, sociologist, scientist, teacher, person pursuing bona fide studies or research, librarian, clergyman, prosecutor, judge, or other person having a proper interest in the material or performance B.Mistake of age is no defense C.The trier of fact may infer that a person in the material or 2907.323 illegal use of minor in nudity-oriented material or performance - correct answer 1.Statutory Elements A.Photograph, create, direct, produce, or transfer (1) any material or performance (2) showing a minor who is not the actor's child or ward (3) in a state of nudity UNLESS: 1)The material or performance is or is to be sold, disseminated, displayed, possessed, controlled, brought, or caused to be brought into this State... 2)For a bona fide artistic, medical, scientific, educational, religious, governmental, judicial, or other proper purpose... 3)By or to a person having a proper interest (i.e., physician, psychologist, sociologist, scientist, teacher, person pursuing bona fide studies or research, librarian, member of the clergy, prosecutor, or judge) AND 4)The minor's parents, guardian or custodian consents in writing to the photographing of the minor, to the use of the minor in the material or performance, or to the transfer of the material and to the specific manner in which the material or performance is to be used OR 1.Statutory Elements B.Photograph or consent to photographing one's minor child or ward (1) in a state of nudity OR (2) use or transfer a material or performance of that nature UNLESS 1)The material or performance is or is to be sold, disseminated, displayed, possessed, controlled, brought, or caused to be brought into this State... 2)For a proper purpose... 3)By or to a person having a proper interest AND 4)The minor's parents, guardian or custodian consents in writing to the photographing of the minor, to the use of the minor in the material or performance, or to the transfer of the material and to the specific manner in which the material or performance is to be used 1.Statutory Elements C.Possess or view any material or performance that shows a minor who is not the actor's child or ward in a state of nudity UNLESS 1)The material or performance is or is to be sold, disseminated Deadly weapon - correct answer Any instrument, device, or thing capable of inflicting death, and designed or specially adapted for use as a weapon, or possessed, carried or used as a weapon Would the following be considered a deadly weapon: a hunting knife used in the commission of a rape. - correct answer YES, because it is a device, designed to cut and capable of inflicting death, possessed, and carried as a weapon. Would the following be considered a deadly weapon: a pistol used in the commission of a robbery - correct answer YES, because it is a device, designed to fire a projectile and capable of inflicting death, possessed and carried as a weapon. Would the following be considered a deadly weapon: a rubber dagger carried or possessed to create the illusion of a weapon - correct answer NO, because it is inherently incapable of inflicting death. (State v. Taulbee (1979)) Would the following be considered a deadly weapon: a loaded, but inoperable, 9 mm handgun tucked into a waistband and not otherwise brandished or used as a weapon - correct answer NO -- It lost the sole function for which it was designed -- it's inoperable. It was not designed to be used as a bludgeon. So, it is no longer a deadly weapon, UNLESS there is some evidence it was used as a bludgeon or otherwise used, possessed or carried as a weapon. Would the following be considered a deadly weapon: an unloaded gun brandished during a robbery or an assault - correct answer YES - As a matter of law, whether loaded or unloaded. (State v. Meek (1978)) IS A "B-B"/AIRSOFT GUN A DEADLY WEAPON? - correct answer A "B-B" gun may be a deadly weapon if capable of inflicting death, as a bludgeon, or perhaps as used in some other manner. This capability, however, is a factual issue to be determined by the trier of fact (i.e., judge or jury) Can an everyday item constitute a 'deadly weapon?' - correct answer Yes, it depends on the circumstances. Firearm definition - correct answer •Any deadly weapon capable of expelling or propelling one or more projectiles by the action of an explosive or combustible propellant •Includes an unloaded firearm and any firearm that is inoperable but can be readily rendered operable •Before a defendant can be convicted of a firearm offense, evidence must be presented regarding the operability of the firearm at the time the offense was committed Can a gun be considered a deadly weapon and NOT a firearm? - correct answer Yes. Example:A pistol that is broken in a way where a bullet cannot chamber, but is brandished as a weapon or used as a bludgeon, may constitute a "deadly weapon," but not a "firearm" because it is inoperable and cannot readily be rendered operable. Handgun - correct answer Any firearm that has a short stock and is designed to be held and fired by the use of a single hand, OR any combination of parts from which a handgun can be assembled Semi-automatic firearm - correct answer Any firearm designed or specially adapted to fire a single cartridge and automatically chamber a succeeding cartridge ready to fire, with a single function of the trigger Sawed-off firearm - correct answer A shotgun with a barrel less than 18 inches long, OR a rifle with a barrel less than 16 inches long, OR a shotgun or rifle less than 26 inches long overall Zip gun - correct answer •Any firearm of crude and extemporized manufacture •Any device (e.g., starter's pistol) that is not designed as a firearm, but that is specifically adapted for use as a firearm •Any industrial tool, signaling device, or safety device that is not designed as a firearm, but that as designed is capable of use as such, when possessed, carried, or used as a firearm Explosive device - correct answer •Any device designed or specially adapted to cause physical harm to persons or property by means of an explosion, and consisting of an explosive substance or agency and a means to detonate it. Includes without limitation any: •Bomb •Explosive demolition device •Blasting cap or detonator containing an explosive charge •Pressure vessel knowingly tampered with or arranged so as to explode Incendiary device - correct answer •Any firebomb, and any device designed or specially adapted to cause physical harm to persons or property by means of fire, andconsisting of an incendiary substance or agent and a means to ignite it. Dangerous ordnance - correct answer 1.Any automatic or sawed-off firearm, zip-gun, or ballistic knife a)A ballistic knife is a knife with a detachable blade that is propelled by a spring-operated mechanism. 2.Any explosive device or incendiary device 3.Nitroglycerin, nitrocellulose, nitrostarch, PETN, cyclonite, TNT, picric acid, and other high explosives; amatol, tritonal, tetrytol, pentolite, pecretol, cyclotol, and other high explosive compositions; plastic explosives; dynamite, blasting gelatin, gelatin dynamite, sensitized ammonium nitrate, liquid-oxygen blasting explosives, blasting powder, and other blasting agents; and any other explosive substance having sufficient brisance or power to be particularly suitable for use as a military explosive, or for use in mining, quarrying, excavating, or demolitions 4.Any firearm, rocket launcher, mortar, artillery piece, grenade, mine, bomb, torpedo, or similar weapon, designed and manufactured for military purposes, and the ammunition for that weapon 5.Any firearm muffler or suppressor 6.Any combination of parts that is intended by the owner for use in converting any firearm or other device into a dangerous ordnance 7.Does not include items in R.C. 2923.11(L) (e.g., antique cannons and artillery pieces, firearm with percussion cap or one to be used with black powder) 2923.12 Carrying concealed weapons (CCW) - correct answer 1.Statutory Elements a)Division (A) 1)Knowingly 2)Carry or have, concealed 3)On the person's person or concealed ready at hand a.A deadly weapon other than a handgun OR b.A handgun other than a dangerous ordnance OR c.A dangerous ordnance a)Division (B) 1)No person having been issued a concealed handgun license shall 2)If stopped for a law enforcement purpose and carrying a concealed handgun a.Fail to promptly inform any law enforcement officer who approaches the person after the person has been stopped that the person has been issued a concealed handgun license and that the person is then carrying a concealed handgun OR b.Knowingly fail to keep the person's hands in plain sight at any time after any law enforcement officer begins approaching the person while stopped and before the law enforcement officer leaves, unless the failure is pursuant to and in accordance with directions given by a law enforcement officer OR 3)If stopped for a law enforcement purpose and carrying a concealed handgun, and if approached by any law enforcement officer while stopped a.Knowingly remove or attempt to remove the loaded handgun from the place in which the person is carrying it OR b.Knowingly grasp or hold the loaded handgun OR c.Knowingly have contact with the loaded handgun by touching it with the person's hands or fingers UNLESS the person removes, attempts to remove, grasps, holds, or has contact with the loaded handgun pursuant to and in accordance with directions given by the law enforcement officer OR 4)If stopped for a law enforcement purpose and carrying a concealed handgun a.Knowingly disregard or fail to comply with any lawful order of any law enforcement officer given while the person is stopped b.Including, but not limited to, a specific order to the person to keep the person's hands in plain sight 1.Degree of the Offense 2923.13 having weapons under disability - correct answer 1.Statutory Elements a)Unless relieved from disability b)Knowingly c)Acquire, have, carry, or use d)Any firearm or dangerous ordnance IF 1)Fugitive from justice OR 2)Under indictment for or prior conviction of any felony offense of violence ORadjudicated a delinquent child for an offense, that if committed by an adult, would have been a felony offense of violence OR 3)Under indictment for or prior conviction of any felony offense involving illegal possession, use, administration, distribution, sale or trafficking of any drug of abuse OR adjudicated a delinquent child for an offense, that if committed by an adult, would have been a felony offense involving illegal possession, use, administration, distribution, sale or trafficking of any drug of abuse OR 4)Drug dependent, in danger of drug dependence, or chronic alcoholic OR Under adjudication of mental incompetence, has been adjudicated a mental defective, has been committed to a mental institution, has been found to be a mentally ill person subject to court order, or an involuntary patient other than one who is a patient only for purposes of 1.Degree of Offense - F3 2.Interpretation of Elements a)If convicted of Attempted Drug Abuse, a person is prohibited from acquiring, having, carrying, or using a firearm or dangerous ordnance After an inventory search of a vehicle, a firearm is found in between the console and the side of the passenger seat inside a piece of carpet that came up the side of the console, close to the gearshift. Defendant is currently under indictment for Trafficking in Cocaine. Is this a violation of having weapons under disability? - correct answer a.Yes - the statute requires that the person "have" a firearm, and this can mean actively or constructively possessing the firearm. Here we have "constructive possession." b. Constructive Possession - exists when a person has the ability to exercise dominion and control over the object, even though that object may not be within his/her immediate physical possession. In the example, the Defendant had the ability to exercise dominion and control over the firearm because it was in close proximity to the gear shift. Possession of deadly weapon while under detention 2923.131 - correct answer 1.Strict Liability Offense. 2.Illegal for any person under detention in a detention facility to possess a deadly weapon. 3.Detention includes, but is not limited to, arrest, confinement in a vehicle subsequent to an arrest, confinement in any public or private facility for custody of persons charged with or convicted of a crime. 4.Detention facility = any public or private place used for the confinement of a person charged with or convicted of any crime. Illegal Conveyance or Possession of Deadly Weapon or Dangerous Ordnance or of Object Indistinguishable From Firearm in School Safety Zone 2923.122 - correct answer 1.Statutory Elements a)Division (A) 1)Knowingly 2)Convey or attempt to convey 3)A deadly weapon or dangerous ordnance 4)Into a school safety zone b)Division (B) 1)Knowingly 2)Possess 3)A deadly weapon or dangerous ordnance 4)In a school safety zone 1.Statutory Elements a)Division (C) 1)Knowingly 2)Possess 3)An object 4)In a school safety zone IF a.The object is indistinguishable from a firearm, whether or not the object is capable from being fired AND b.The person indicates that the person possesses the object and that it is a firearm, OR the person knowingly displays or brandishes the object and indicates that it is a firearm. 2.Degree of Offense a)Violate Division (A) or (B) - F5, F4 if prior conviction b)Violate Division (C) - M1, F5 if prior conviction a)This Section is not applicable to: 1)Officers, agents, or employees of this or any other state or the United States, or to law enforcement officers authorized to carry deadly weapons or dangerous ordnance AND acting within the scope of their duties 2)Security guard employed by board of education or the governing body of a school while on duty 3)Any other person authorized by board of education or governing body to convey or possess a deadly weapon or dangerous ordnance 4)Any person employed in this state, who is authorized to carry deadly weapons or dangerous ordnance, and who is subject to and in compliance with the requirements of R.C. 109.801 (annual requalification), unless the appointing authority of the person has expressly specified that this exemption does not apply to the person. Possession of firearm in beer liquor permit premises- prohibition, exception - correct answer 1.Statutory Elements a)Possess b)A firearm c)In any room in which any person is consuming beer or intoxicating liquor in a premises for which a D permit has been issued under R.C. Chapter 4303 OR d)In an open air arena for which a permit of that nature has been issued 2.Degree of Offense a)F-5 b)F-3 if violation involves knowingly carrying or having the firearm concealed on the offender's person or concealed ready at hand Using weapons while intoxicated 2923.15 - correct answer 1.Statutory Elements a)Use or carry b)Any firearm or dangerous ordnance c)While under the influence of alcohol or any drug of abuse 2.Degree of Offense (M-1) 3.Interpreting the Elements a)Possessing or using a weapon without having complete control over one's faculties presents a societal danger b)No exceptions - the law applies to on and off-duty police officers, as well as every person who is under the influence and has a weapon Improperly handling firearms in a motor vehicle 2923.16 - correct answer 1.Statutory Elements a)Division (A) 1)Knowingly 2)Discharge a firearm 3)While in or on a motor vehicle b)Division (B) 1)Knowingly 2)Transport or have a loaded firearm in a motor vehicle WHEN a.The firearm is accessible to the operator or any passenger b.Without leaving the vehicle a)Division (C) 1)Knowingly 2)Transport or have a firearm in a motor vehicle UNLESS 3)The person may lawfully possess that firearm, the firearm is unloaded, AND the firearm is carried in one of the following ways: a.In a closed box, package, or case OR b.In a compartment that can be reached only by leaving the vehicle OR c.In plain sight and secured in a rack or holder made for that purpose OR d.If the firearm is at least 24 inches in length measured from the muzzle to the part of the stock furthest from the muzzle, and if the barrel is at least 18 inches in length, either in plain sight with the action open or the weapon stripped, OR if the firearm is of a type on which the action will not stay open or which cannot easily be stripped, in plain sight. a)Division (D) 1)Knowingly 2)Transport or have a loaded handgun in a motor vehicle 3)if at any time of that transportation or possession a.The person is under the influence of alcohol, a drug of a abuse, or a combination of them OR b.The person has a concentration of alcohol prohibited for persons operating a motor vehicle a)Division (E) 1)No person having been issued a concealed handgun license 2)Who is the driver or occupant of a motor vehicle that is stopped as a result of a traffic stop or for some other law enforcement purpose AND who is transporting or has a loaded handgun in any manner shall: a.Fail to promptly inform any law enforcement officer who approaches the vehicle while stopped that the person has been issued a concealed handgun license and that the person possesses or has a loaded Improperly Discharging Firearm at or into a Habitation, in a School Safety Zone or with Intent to Cause Harm or Panic to Persons in a School Building or at a School Function 2923.161 - correct answer a)Without privilege to do so b)Knowingly c)Discharge a firearm at or into an occupied structure that is a permanent or temporary habitation of any individual OR d)Discharge a firearm at, in, or into a school safety zone OR e)Discharge a firearm within 1000 feet of any school building or of the boundaries of any school premises, with the intent to: 1)Cause physical harm to another who is in the school, in the school building, or at a function or activity associated with the school OR 2)Cause panic or fear of physical harm to another who is in the school, in the school building, or at a function or activity associated with the school OR 3)Cause the evacuation of the school, the school building, or a function or activity associate with the school 1.Degree of Offense - F2 Possessing criminal tools - correct answer a)Possess or have under the person's control b)Any substance, device, instrument, or article c)With purpose to use it criminally 1.Degree of Offense - M1, F5 if the tool was intended to commit a felony 2.Interpretation of Elements a)Includes possession of all things intended for criminal use b)The following constitutes prima-facie (legally sufficient) evidence of criminal purpose: 1.Possession or control of any substance, device, instrument, or article designed or specifically adapted for criminal use 2.Possession or control of any substance, device, instrument, or article commonly used for criminal purposes, under circumstances indicating the item is intended for criminal use 3.Possession of any dangerous ordnance, or the materials for making dangerous ordnance, in the absence of circumstances indicating the dangerous ordnance, materials, or parts are intended for legitimate use 4.Possession alone of items designed or specifically adapted for criminal use and having no legitimate purpose establishes a violation (e.g., lock pick) Hidden compartments in vehicles 2923.241 - correct answer a)Division (B) [Division A is just definitions] 1)Knowingly 2)Design, build, construct, or fabricate a vehicle with a hidden compartment ORmodify or alter any portion of a vehicle in order to create or add a hidden compartment 3)With the intent to facilitate the unlawful concealment or transportation of a controlled substance b)Division (C) a)Knowingly b)Operate, possess, or use a vehicle with a hidden compartment c)With knowledge that the hidden compartment is used or intended to be used to facilitate the unlawful concealment or transportation of a controlled substance c)Division (D) a)Having been convicted of or pleaded guilty to a violation of Aggravated Trafficking in Drugs under R.C. 2925.03 that is a felony of the first or second degree b)Operate, possess, or use a vehicle with a hidden compartment 1.Degree of Offense a)If violate Division (B) - F4, F3 if prior conviction b)If violate Division (C) or (D) - F4, F3 if prior conviction, and F2 if the hidden compartment contains a controlled substance at the time of the offense 2.Interpretation of Elements a)Again, Division (A) contains the definitions b)The section does not apply to 1)Law enforcement officers acting in the performance of their duties 2)Any licensed motor vehicle dealer or manufacturer that in the ordinary course of business repairs, purchases, receives in trade, leases, or sells a motor vehicle 3)A box, safe, container, or other item added to a vehicle for purpose of securing valuables, electronics, or firearms provided that at the time of discovery the box, safe, container, or other item added to the vehicle does not contain a controlled substance or visual residue of a controlled substance The purpose of the 4th amendment to the US constitution - correct answer is to guarantee rights relating to arrests, searches, and seizures of persons The relationship between degrees of suspicion and the responses allowed by the constitution - correct answer 1. Degree of suspicion: proof beyond a reasonable doubt Response permitted by the constitution: suspect may be convicted of the crime and punished 2. degree of suspicion: probable cause to believe that the suspect is guilty response permitted by the constitution: suspect may be arrested 3. degree of suspicion: reasonable suspicion that the suspect is involved in criminal activity response permitted by the constitution: suspect may be seized and detained for a brief investigation 4. degree of suspicion: hunch response permitted by the constitution: interactions must be consensual A person is seized when... - correct answer in view of all the circumstances surrounding the incident, a reasonable person would believe that the person was not free to leave •The USSC listed examples of circumstances that might indicate seizure even when the person did not attempt to leave the area -The threatening presence of several officers -The display of a weapon by an officer(s) -Some physical touching of the person -Restricting the subject's freedom of movement -The use of language or tone of voice that indicates that compliance with the officer's request might be compelled -Manner of questioning When an officer can use the rationale from Terry to detain a person - correct answer An officer may detain an individual based upon the officer's reasonable, articulable suspicion that criminal activity was being planned or was in the process of being executed Under Terry, a lawful investigatory stop requires that an officer... - correct answer - Have reasonable articulable suspicion to initiate the stop - the officer must be able to articulate the reasons for their belief that criminal activity was 'afoot'- i.e., the officer must reasonably suspect that... - crime is about to be committed or - crime is being committed •Officers should consider the totality of circumstances. While none of the circumstances standing alone may justify a Terry stop, when considered together, they may amount to reasonable suspicion •An officer may give weight to his/her experience, and to the reasonable inference that he/she is entitled to draw from the circumstances and facts, in light of that experience Considerations an officer should be mindful of when conducting a Terry stop - correct answer •Use the least intrusive means of detention and investigation reasonably available that will achieve the goal •Conduct the business of the stop as quickly as possible so as to not prolong the period of involuntary detention •If, during that detention, additional facts are uncovered that supply the officer with probable cause to arrest, the individual may be arrested •If grounds for an arrest are not discovered in a reasonable amount of time, the detainee must be released or the encounter risks becoming a de facto arrest The requirements which must be established before a Terry pat down/frisk - correct answer Officers are required to articulate a reasonable belief that the suspect is armed AND the suspect poses a threat to them The plain feel doctrine - correct answer •While an officer may not search for objects other than weapons on a Terry stop, if the officer physically feels an object that the officer immediately recognizes as contraband, the object may be seized even if the officer knows it is not a weapon -This only applies when the identity of the object is immediately apparent to the officer from its shape and the way it feels -When the incriminating nature of the object is immediately apparent, seizing it does not invade the subject's privacy beyond what is allowed in a Terry frisk •The officer may not seize an object that, unmistakably, is not a weapon or if determining its identity requires further manipulation -When determining if an object requires further manipulation, (e.g., going in pockets, repeatedly squeezing the object) an additional invasion of privacy is necessary -That is not permitted during a Terry frisk •Once it is determined that an object is not a weapon, the search must stop unless there is a warrant, probable cause for arrest, or consent The evidentiary standard on which to base an arrest - correct answer An arrest must be based on probable cause The elements of probable cause to arrest are satisfied when... - correct answer The officer is aware of articulable facts and circumstances sufficient to warrant a reasonable person to believe that a crime has been committed and the person about to be arrested committed that unlawful act Sources of information to establish probable cause to make a warrantless arrest - correct answer •Personal observations •Informant's tips •Reports from other officers or law enforcement agencies •Leads furnished by the victim or witness to the crime •Physical evidence found at the scene •Past criminal record of suspect •Statements made by a suspect In the absence of consent or exigent circumstances, before entering a private residence to make an arrest, officers must - correct answer •Secure the appropriate warrant or warrants, including -Arrest warrant(s), and ... -If making an arrest in the home of a third party, a search warrant to search the premises for the person to be arrested •Reasonably believe that the person to be arrested is present at the correct address listed on the warrant, and •Knock and announce their presence To justify a warrantless, nonconsensual entry into a private residence in order to make an arrest - correct answer Exigent circumstances must exist which demand an immediate response •Considerations and examples of exigent circumstances -The time of day of the offense and/or the arrest -The gravity of the underlying offense thought to be in progress (i.e., the crime must be serious) -There is a risk of danger to the police or to other persons inside or outside the dwelling (e.g., the subject is armed) -The need to prevent a subject's escape -The need to prevent the imminent destruction of evidence -"Hot pursuit" of a subject Hot/ fresh pursuit - correct answer The pursuit, without unreasonable interruption, of a person who is trying to avoid arrest The basis to legally seize evidence - correct answer - Must be based on probable cause - Probably cause to seize exists if a prudent person would conclude that the object in question is associated with criminal activity Types of searches - correct answer Full Searches •Conducted to gather criminal evidence •Must be based on probable cause •Require either a search warrant or a recognized exception to the warrant requirement in order to execute Limited weapons searches - i.e., frisks and protective sweeps •Used to disarm the person to protect officers •Authority based on reasonable suspicion that a person lawfully detained is armed and dangerous Inventories •An inventory is not necessarily a search under Fourth Amendment standards •It is used to catalog property that police have taken into custody •The grounds to conduct an inventory comes from the need to adhere to department policy, to secure the property, and to protect the agency from claims of lost, stolen, or damaged property Probable cause to search requires... - correct answer Facts sufficient to justify a person of reasonable caution to believe that a crime has been or is being committed, and that specific objects associated with the crime exist, and they will be found in the place to be searched. Criteria to establish the plain view exception to the search warrant requirement - correct answer •The officers must be legally on the premises from where the observation is made AND •The incriminating nature of the item must be immediately apparent (i.e., equates to probable cause), AND •The officers must have a lawful right of access to the object Curtilage and open fields - correct answer •Curtilage refers to the area immediately surrounding the home, which is usually used for domestic purposes (e.g., garage, yard) •Curtilage carries the same Fourth Amendment protection as the home •Any other land is considered open field •Open fields carry no Fourth Amendment protections •The USSC has established four factors to assist in determining the difference -Proximity of the area to the home -Whether the area is within an enclosure surrounding the home -The nature and uses to which the area is put (e.g., whether the area is used for family purposes) -The steps taken by the resident to protect the area from view of passersby •No single factor is determinative Keys to determine whether a consent search is valid - correct answer •Consent is voluntarily given •The person giving consent has authority to do so and no other person with authority, that is present, has refused •The search is limited to only those places and things that the person expressly or impliedly authorized to be searched •The search is not unduly intrusive -While