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Peace Officers Guide to Law Enforcement Terms and Phrases

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Peace Officers Guide to Law Enforcement Terms and Phrases PEACE OFFICER’S GUIDE TO LAW ENFORCEMENT TERMS AND PHRASES 2014 Edition by Steven T. Kernes JUSTICE SYSTEMS PRESS — PUBLISHER Port Angeles — Washington — USA Publication by JUSTICE SYSTEMS PRESS P.O. Box 2852 Port Angeles, WA 98362 360-417-8845 — 800-553-1903 www.justicesystemspress.com Seventh Printing © 1996, 2001, 2004, 2006, 2007, 2008, 2014 by Justice Systems Press All rights reserved ISBN 0-937935-53-0 With Justice Systems Press books, careful attention is given to all details of manufacturing and design. It is the publisher's desire to present books that are satisfactory as to their physical qualities and artistic possibilities and appropriate for their particular use. Justice Systems Press products will be true to those laws of quality that assure a good name and good will. PRINTED IN THE UNITED STATES OF AMERICA ii ABOUT THE AUTHORS STEVEN T. KERNES served as the Chief, State and Local Programs Division, National Center for State, Local, and International Law Enforcement Training, Federal Law Enforcement Training Center, Glynco, Georgia, from 1990 until his retirement in 2001. From 1979 to 1990, he was Sheriff of Clallam County, Washington, and from 1975 to 1979, he served as a criminal investigator with the National Park Service, Olympic National Park. Mr. Kernes holds a B.A. degree in Sociology and instructed criminal justice classes at Peninsula College, Port Angeles, Washington and for the Washington State Criminal Justice Training Commission for nine years. In 1973, he graduated from the Federal Law Enforcement Training Academy, Washington, D.C. and in 1982 he graduated from the FBI National Academy, 128th Session. Mr. Kernes served 29 years in the U.S. Army Reserve and the National Guard. He received his commission in 1971 after attending Officer Candidate School, Fort Benning, Georgia; he retired at the rank of major and is a graduate of the Command and General Staff College. During his military career he served short tours in Belgium; in the States of Idaho, Oregon, and Washington; and attended training and short tours at Fort Benning, GA; Fort Belvoir, VA; Fort Knox, KY; and Fort Lewis, WA. In 2001, Mr. Kernes moved back to Port Angeles, Washington, while continuing his writing and publishing of books on law, police supervision, and management. Since 1986, he has authored eighteen books. During the winter he lives in Yuma, Arizona. iii Peace Officer’s Guide to Law Enforcement Terms and Phrases 2014 Edition Introduction In the course of the day a peace officer is confronted with many decisions. Some of those decisions will ultimately be tested in the courts. But where judges and juries may have weeks to consider the correct application of the law, peace officers have only seconds. The electronic version of Peace Officer’s Guide to Law Enforcement Terms and Phrases will help you make the best use of the seconds you have by providing concise, accurate references to the laws of this state. Within its pages are common law enforcement terms as described and defined by state and federal statutes. It cannot substitute for a well-read knowledge of pertinent portions of the state and federal codes, but it does provide, in the field, the information contained in the several volumes of laws back at the police station. This electronic book is designed to be an interactive field or office reference. The book has been developed to provide a quick reference to legal terms frequently used in law. Each listing reflects the latest changes and additions from state and federal legislative sessions held in 2013. The effective date for this pocketbook is January 1, 2014. Use in the Field This electronic book was created for the peace officer with access to computer resources. In the course of a shift many things can happen and the full range of good and bad human behavior is on exhibit. Work in the field is marked by hours of routine punctuated by minutes of intensity and stress. The Peace Officer’s Guide to Law Enforcement Terms and Phrases will help you in the field if you start to use it now. When the adrenalin is running and the events are highly charged it is hard to keep some of the details this book provides in mind. However, if you are familiar with its navigation you will find clear, accurate descriptions of the law when you most need them. The more you use the book, the more effective tool it will become and the better your understanding and application of the law will be. We have written in the past about the care required to successfully investigate crimes and we want to underscore some of those points again.1 Police work is dangerous and it is reactive. Survival may depend on one's instincts and reflexes. The handling of crime, however, calls for patience, planning, and logic. 1The Criminal Investigator's Guide by Kernes and Kuehn, published by Charles C. Thomas, 1982; Springfield, Illinois and Justice Systems Press, 1987. iv Keys to Success As keys to success we have identified some of the things you need to train yourself to do if you are going to tap your skills to the fullest. 1. THINK. Careful thought, not high levels of adrenalin, solves crimes (and usually prevents them, too). Being able to sort and recombine many facts, elements and pieces of evidence simultaneously requires a cool, rational mind. 2. PLAN. Be ready. In the absence of a plan we tend to react. Random uncontrolled activity rarely produces results. Preparing yourself now for what may happen later and then sticking to your plan is a road to success. 3. PATIENCE. If all the crimes you investigate are solved at the scene you will have had a fortunate career indeed. Once you have a plan, stay with it and give things time to happen. 4. THOROUGH. Your plan exists to make sure you do not overlook something. If you start revising the plan on the spot you will soon have no plan at all. Do what you promised yourself you would do, shortcuts are risky. 5. FLEXIBLE. Stay with your plan but be ready for opportunities and challenges your plan never anticipated. It is alright to add things to your plan, to take an opportunity when it appears. Just be careful about abandoning any part of your plan. 6. KNOW YOUR LIMITS. No one can do everything. Find what you do best and join those skills with others who can assist you by giving their best. A true team is built around everyone's strengths with back-up for everyone's weakness. 7. KNOW RESOURCES. The peace officer who knows where to get help and find expertise (be it a person or a book) is far richer than one who is jack of all trades, master of none. 8. PERSEVERE. No one ever promised that this would be an easy job. Remind yourself that law enforcement is, above all, hard work. The low points, when it seems that every possible option is closed, are a natural part of any investigation. Recognize that police work is a career of peaks and valleys and accept the valleys, when they come, as an inevitable part of the job. Important Notice This book is prepared as a resource for peace officers and not intended as directives. Every factual situation is different and individual peace officers must exercise their own discretion and judgment in deciding upon the proper response. In addition, we would caution that the offense elements listed herein may not be verbatim as listed in the various federal and state statutes. Specific elements have been condensed and simplified to facilitate interpretation by the peace officer. You should review the complete set of state laws to ensure that you are completely familiar with the offenses. A thorough review and comprehensive understanding of your authority must occur to properly enforce the criminal laws. v In no event shall Justice Systems Press or Mr. Kernes be liable for special, collateral, incidental or consequential damages in connection with or arising out of the use of this information. Acknowledgments Many persons helped in the completion of this project. We would like to acknowledge: # The National Park Service and the Clallam County Sheriff's Department for encouraging Kernes to succeed. # Billy R. Frazier, Special Agent (retired), Olympic National Park, who inspired Mr. Kernes throughout his law enforcement career. # Dan Engelbertson, Undersheriff (retired), Clallam County Sheriff’s Department, whose computer expertise brought us into the 21st century. # Mr. Tim Scovill, Assistant Dean, University of Virginia, for encouraging us to develop this booklet. A special thank you to our families Trevor and Brent Kernes, and Stephanie Doenges and Laura Bowen and Lisa Kenney. vi Peace Officer’s Guide to Law Enforcement Terms and Phrases Law Enforcement Terms and Phrases - A - A/O - abbreviation, often used in case reporting, for arresting officer. Abandon - forsake an animal entirely or to neglect or refuse to provide or perform the legal obligations for care and support of an animal by its owner. Abandoned vehicle - vehicle that a registered tow truck operator has impounded and held in his possession for 120 consecutive hours. Abandoned vehicle report - document prescribed by a state that the towing operator forwards to the department after a vehicle has become abandoned. Abandonment - voluntary relinquishment of property with no intent to retain possession. Abduct - to restrain a person by either (a) secreting or holding him in a place where he is not likely to be found; or (b) using, or threatening to use deadly force. Abuse - any case in which a child is dead or exhibits evidence of skin bruising, bleeding, malnutrition, failure to thrive, burns, fracture of any bone, subdural hematoma, soft tissue swelling, and such condition is not justifiably explained or may not be the product of an accidental occurrence; and any case in which a child is subjected to sexual assault, sexual molestation, sexual exploitation, sexual contact, or prostitution.
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