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TRAINING FOR THETRAINING FOR THEWEIGHTS AND MEASURES WEIGHTS AND MEASURES
OFFICIALOFFICIAL
TRAINING FOR THETRAINING FOR THEWEIGHTS AND MEASURES WEIGHTS AND MEASURES
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COURSE CURRICULUMCOURSE CURRICULUM
MODULE 1 Introduction
MODULE 2 Laws & Regulations
MODULE 3 Enforcement Procedures
MODULE 4 Legal Action
MODULE 5 Legal Metrology
MODULE 6 Field Standards & Test Equipment
MODULE 7 Basic Weighing / Measuring Principles
TRAINING FOR THETRAINING FOR THEWEIGHTS AND MEASURES WEIGHTS AND MEASURES
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TRAINING FOR THETRAINING FOR THEWEIGHTS AND MEASURES WEIGHTS AND MEASURES
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COURSE CURRICULUMCOURSE CURRICULUM
MODULE 8 Device Type Evaluation
MODULE 9 Weighing Devices
MODULE 10 Measuring Devices
MODULE 11 Weighmaster Enforcement
MODULE 12 Petroleum Products
MODULE 13 Quantity Control
MODULE 14 Service Agencies and Agents
TRAINING FOR THETRAINING FOR THEWEIGHTS AND MEASURES OFFICIALWEIGHTS AND MEASURES OFFICIAL
TRAINING FOR THETRAINING FOR THEWEIGHTS AND MEASURES OFFICIALWEIGHTS AND MEASURES OFFICIAL
Fourth in a series of 14
Module FourModule Four“LEGAL ACTION”“LEGAL ACTION”
Module FourModule Four“LEGAL ACTION”“LEGAL ACTION”
Module ObjectivesModule ObjectivesModule ObjectivesModule Objectives
Familiarize you with the basic legal procedures and Familiarize you with the basic legal procedures and concepts that direct weights and measures enforcement concepts that direct weights and measures enforcement processesprocesses
Explain what evidence is, why it is important, and how to Explain what evidence is, why it is important, and how to handle and preserve ithandle and preserve it
Explain what is contained in an understandable and Explain what is contained in an understandable and effective case reporteffective case report
Explain how to properly prepare and present your case to Explain how to properly prepare and present your case to the Prosecutorthe Prosecutor
A Weights and Measures Official:A Weights and Measures Official:
Is a public officer, not a peace officer
Has the authority to arrest
Verifies the accuracy of:
- Weighing and measuring equipment
- Quantity statements on packaged and bulk commodities
- Advertising, labeling, and quality of petroleum and automotive products
Weights & Measures Officials -Weights & Measures Officials -Authority and Responsibilities Authority and Responsibilities Weights & Measures Officials -Weights & Measures Officials -Authority and Responsibilities Authority and Responsibilities
Weights & Measures Officials – Weights & Measures Officials – Authority and Responsibilities Authority and Responsibilities Weights & Measures Officials – Weights & Measures Officials – Authority and Responsibilities Authority and Responsibilities
Must have a working knowledge of:Must have a working knowledge of:
Investigations
The California Legal System
Report Writing
The Constitution
Constitutional IssuesConstitutional IssuesConstitutional IssuesConstitutional Issues
The right against self-incrimination
The right to:The right to:
- A trial
- Questioning of witnesses
- Access to evidence
- Legal representation
- Free from unreasonable searches and seizures
- Due process
Innocent until proven guiltyUnited States Constitutional
Amendments5th Amendment
No person shall be held to answer for a capital crime… unless on a presentment or indictment of a Grand Jury, …, nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law;…
14th Amendment
Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. 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.
United States Constitutional
Amendments5th Amendment
No person shall be held to answer for a capital crime… unless on a presentment or indictment of a Grand Jury, …, nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law;…
14th Amendment
Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. 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.
Due ProcessDue ProcessDue ProcessDue Process
Due process of law is the right of every person Due process of law is the right of every person and is guaranteed by the U.S. Constitutionand is guaranteed by the U.S. Constitution
U.S. Constitution, Amendment V (1791)U.S. Constitution, Amendment V (1791)
No person shall….be deprived of life liberty or property, without due process of law.
U.S. Constitution, Amendment XIV (1868)U.S. Constitution, Amendment XIV (1868)
Nor shall any State deprive any person of life liberty or property, without due process of law.
Rath 1978, Supreme Court: Rath 1978, Supreme Court: California’s off sale procedures met the test for due process, but only for products that are not highly perishable
Due ProcessDue Process - - Court DecisionsCourt DecisionsDue ProcessDue Process - - Court DecisionsCourt Decisions
For highly perishable products the Supreme Court held that the packer must be:the packer must be:
Notified in writing of the short measure finding
Provided with a copy of the inspection report
Given an opportunity to dispute the charge prior to any off-sale action
Menafee and Son vs. The Menafee and Son vs. The California Dept. of Food and California Dept. of Food and
AgricultureAgriculture
The California Appellate Court held:
Minimum due process requires a notice and an opportunity for a hearing
Must precede even a temporary deprivation of property interest
Due Process - Court DecisionsDue Process - Court DecisionsDue Process - Court DecisionsDue Process - Court Decisions
Due Process – The Field Due Process – The Field OfficialOfficial
Due Process – The Field Due Process – The Field OfficialOfficial
Due Process – ExceptionsDue Process – ExceptionsDue Process – ExceptionsDue Process – Exceptions
In 1975, the California Appellate Court stated in the Travers case:In 1975, the California Appellate Court stated in the Travers case:
"The automobile is a recognized necessity in our society and the function of its engine, transmission, and brakes is a matter of vital importance to the motorist. It is in the interest of public safety to prevent the malfunction and break down of motor vehicles traveling on our crowded streets and highways."
Action against products that are nonconforming is considered an emergency (health and safety) situation, hearings in this area can be postponed until such time as the "emergency" is corrected.
Notification of action against the violator and inform them of their options
Provide an opportunity to be heard
Ensure the right to review procedures and to question the authority
Ensure fundamental fairness and reasonableness of enforcement action
Due Process – Our ObligationsDue Process – Our ObligationsDue Process – Our ObligationsDue Process – Our Obligations
All persons subject to the laws you enforce, are entitled to the due process of law
Your actions may result in the deprivation of their personal property
Search and SeizureSearch and SeizureSearch and SeizureSearch and Seizure
You will encounter search and seizure issues in your You will encounter search and seizure issues in your work - Can you or do you:work - Can you or do you:
Search that desk or file drawer?
Search that back room?
Search inside that scale house?
Seize visible evidence when you get inside?
Use binoculars?
Need to get a search warrant?
Search and SeizureSearch and SeizureSearch and SeizureSearch and Seizure
Governed by rules derived from the 4Governed by rules derived from the 4thth Amendment Amendment
Two different acts
A search is an exploration to find things
A seizure is taking custody or control of something
A search can be made without a seizure
A seizure can be made without a search
The 4th Amendment doesn’t prohibit all searches, just “unreasonable” searches
Search and SeizureSearch and SeizureSearch and SeizureSearch and Seizure
The 4The 4thth Amendment right relating to ‘unreasonable’ Amendment right relating to ‘unreasonable’ searches and seizures cannot be diminished by any law.searches and seizures cannot be diminished by any law.It applies to:It applies to:
All people, including illegal aliens and corporations
A search is considered ‘unreasonable’ if it is done without a search warrant
There is no specified penalty in the Amendment for unreasonable searches
The courts have decided the remedy/penalty is the exclusion of the evidence at trial
Any place there is a reasonable expectation of privacy
Search and SeizureSearch and SeizureSearch and SeizureSearch and Seizure
Exclusionary RuleExclusionary Rule“The exclusionary rule requires that any evidence obtained by police using methods that violate a person’s constitutional rights be excluded from being used in a criminal prosecution against that person. The exclusionary rule was first developed in 1914 and the case of Weeks v. United States…”
Fruit of the Poison TreeFruit of the Poison Tree“The exclusionary rule extends to any evidence which was directly or indirectly obtained as a result of the initial unlawful search or seizure…”
Search WarrantsSearch WarrantsSearch WarrantsSearch Warrants
Generally searches without a warrant are ‘unreasonable’, but there are exceptions
A search warrant is a written order, signed by a judge, directed to a peace officer, commanding him/her to search a specified place for specified personal property, and, if found, to bring the items before the judge
Search Warrant
Search Warrant -ExceptionsSearch Warrant -ExceptionsSearch Warrant -ExceptionsSearch Warrant -Exceptions
The following situations do not require search The following situations do not require search warrants:warrants:
Plain View
Optical Aids Open Fields
Eavesdropping
Public Places
International StandardsInternational StandardsInternational StandardsInternational StandardsWhat Is EvidenceWhat Is EvidenceWhat Is EvidenceWhat Is Evidence
Testimony, objects, writings or other things presented to a jury to prove the existence or nonexistence of a fact
Its introduction is governed by the California Evidence Code that contains the Rules of Evidence
It enables the jury to decide whether a defendant is guilty or not guilty
The main purpose is to protect the jury from seeing or hearing evidence which is irrelevant, unreliable or unfairly prejudicial
The weights and measures official who understands the basic principles should have little problem with how the rules apply to his or her job
Various cases have made it clear that you have no duty to gather or collect evidence which might be helpful to the defense
Serious problems may result if you lose or destroy evidence once it comes into your possession. The most serious is that you will not be able to testify about the evidence at all
Rules of EvidenceRules of EvidenceRules of EvidenceRules of Evidence
Types of EvidenceTypes of EvidenceTypes of EvidenceTypes of Evidence
There are several types of evidence and There are several types of evidence and some may overlap:some may overlap:
DirectDirectCircumstantialCircumstantial
DocumentaryDocumentaryTestimonialTestimonial
Demonstrative (Real) Demonstrative (Real)
Documentation of EvidenceDocumentation of EvidenceDocumentation of EvidenceDocumentation of Evidence
Carefully document what the evidence is, where, when, and how it was obtained
Use an evidence tag to help you record required information
Evidence – Chain of PossessionEvidence – Chain of PossessionEvidence – Chain of PossessionEvidence – Chain of Possession
Carefully document what, where, when, and how the evidence was maintained or it may not be admissible
Chain of possession is a listing of what happened to the evidence between the time it was seized and when it is offered into evidence at trial
The Case ReportThe Case ReportThe Case ReportThe Case Report
The purpose of the case report is to answer the The purpose of the case report is to answer the following questions:following questions:
Who ?Who ?
What?What?
When?When?
Where?Where?
Why?Why?
How?How?
Reports are permanent written records that communicate important facts to be used in the ensuing investigation
The Case ReportThe Case ReportThe Case ReportThe Case Report
Reports record facts into a permanent record. A fact is a statement that can be proven
It is factual, accurate, objective, complete, concise, clear, easy to understand, and does not contain opinions
Written in the first person active tense using short sentences organized into short paragraphs. Includes pictures, charts, and graphs if applicable
Do not use abbreviations
Field NotesField NotesField NotesField Notes
DescriptionsDescriptions
Addresses and telephone numbers of suspects and Addresses and telephone numbers of suspects and witnesseswitnesses
Dates, times, and locations of occurrencesDates, times, and locations of occurrences
Evidence seizedEvidence seized
The who, what, when, where, why, and how? The who, what, when, where, why, and how?
Field notes are the basis for formal reports written later. Field notes are the basis for formal reports written later. Field notes should include:Field notes should include:
Field NotesField NotesField NotesField Notes
Field notes can be destroyed if:Field notes can be destroyed if:
You destroy them in good faith
You incorporate them into a formal report
Your report accurately reflects the contents of the field notes
The defense counsel is given a copy of your report before trial by the prosecutor
The Case ReportThe Case ReportThe Case ReportThe Case Report
Your report is used Your report is used by: by: Your supervisorYour supervisor
The prosecutor and defense attorneyThe prosecutor and defense attorney
The court and judgeThe court and judge The mediaThe media
Other investigatorsOther investigators
The public (Freedom of Information Act requests)The public (Freedom of Information Act requests)
The Case ReportThe Case ReportThe Case ReportThe Case Report
Your investigation is only as good as your reportYour investigation is only as good as your report
Great investigators have been made to look incompetent because they failed to write clear and accurate reports and review them before testifying
It is often the most powerful weapon in the defendant’s arsenal at trial because of inaccuracies or incompleteness
A bad report may lead the jury to conclude that nothing you say is true or accurate
EnforcementEnforcementEnforcementEnforcement
Business and Professions Code Section 12015 requires the prosecution of violators of weights and measures law
Enforcement actions generally start at the lowest level and work up to higher levels
Civil Administrative Process v. Criminal v. Civil Administrative Process v. Criminal v. Civil ActionCivil Action
Civil Administrative Process v. Criminal v. Civil Administrative Process v. Criminal v. Civil ActionCivil Action
Civil Administrative Penalty ActionsCivil Administrative Penalty Actions
Infraction and/or misdemeanor charges only, generally technical violations
A preponderance of evidence burden of proof
Penalties in the $50 - $1,000 range per violation as specified in regulation
Relatively minor resources needed for investigation and prosecution (most cases are settled with a stipulated plea)
Civil Administrative Process v. Criminal v. Civil Administrative Process v. Criminal v. Civil ActionCivil Action
Civil Administrative Process v. Criminal v. Civil Administrative Process v. Criminal v. Civil ActionCivil Action
Criminal ActionsCriminal Actions
Beyond a reasonable doubt burden of proof
Fines in the $25 - $1,000 range per violation and possible incarceration
Probation, usually summary probation, with a maximum term of three years
Relatively modest resources needed for investigation and prosecution
Agency costs may be recovered
Civil Administrative Process v. Criminal v. Civil Administrative Process v. Criminal v. Civil ActionCivil Action
Civil Administrative Process v. Criminal v. Civil Administrative Process v. Criminal v. Civil ActionCivil Action
Civil Actions Civil Actions
Deceptive practices and unfair competition allegations, under Business and Professions Code Sections 17200 and 17500
Preponderance of evidence burden of proof
A limited term or a permanent injunction prohibiting the unlawful practices
Potential civil penalties of $2,500 - $ millions
Agency costs may be recovered and restitution for injured consumers or businesses
Substantial investment of resources; most cases are settled through negotiations, but litigated cases require extensive discovery and trial preparation
Weights and Measures Weights and Measures RegulationsRegulationsWeights and Measures Weights and Measures RegulationsRegulationsPresenting Your Case to the ProsecutorPresenting Your Case to the ProsecutorPresenting Your Case to the ProsecutorPresenting Your Case to the Prosecutor
Make an appointment with the District Attorney’s Office
Your personal appearance is important. Always wear a conservative coat and tie or dress as appropriate
Presenting Your Case to the ProsecutorPresenting Your Case to the ProsecutorPresenting Your Case to the ProsecutorPresenting Your Case to the Prosecutor
Study your report before the meeting
Thoroughly discuss the case with the prosecutor
Discuss not only the strengths but also the weaknesses in the case, such as discrepancies in reports
Never withhold information from the prosecutor, even if it may hurt the case
Presenting Your Case to the Presenting Your Case to the ProsecutorProsecutor
Presenting Your Case to the Presenting Your Case to the ProsecutorProsecutor
The District Attorney decides:The District Attorney decides:
Whether or not to file formal charges against a suspect
Exactly which offense to charge
DiscoveryDiscovery
The right of both sides in a legal proceeding to have access to the evidence and witnesses involved in the proceeding
Reciprocal in criminal proceedings and applies to both the prosecution and the defense
Entitles the parties to receive relevant evidentiary information from the opposing counsel that helps them prepare their court case
On the Witness StandOn the Witness Stand
APPEARANCE APPEARANCE
The jury’s impression of your personal appearance is important. Your attire should be conservative and professional
OATH OATH
While taking the oath, stand at attention. The only thing the jurors have to do during this time is watch you
On the Witness StandOn the Witness Stand On the Witness StandOn the Witness Stand
DEMEANOR DEMEANOR
Your demeanor in court is as important as your appearance and testimony
Don’t be cocky nor timid
Be confident - remember that you are a professional. If you act like a professional, the jurors will perceive you as a professional
On the Witness StandOn the Witness Stand On the Witness StandOn the Witness Stand
You can help the prosecutor best by not trying to help him/her
Be professional and impartial
Answer questions specifically and directly
Do not elaborate unless asked to do so
Never get angry or argue with the Defense Attorney
On the Witness StandOn the Witness Stand
1. Tell The Truth
2. Do Not Guess
3. Be Sure That You Understand The Question
4. Take Your Time And Answer Only The Questions Asked
5. Give A Loud, Audible Answer
6. Do Not Look For Assistance When You Are On The Stand
7. Be Careful Answering Questions Involving Distances And Times
8. Be Courteous
9. Admit Speaking To Investigators Or Lawyers
10. Avoid Joking And Wise Cracks
Ten Commandments for WitnessesTen Commandments for Witnesses
In the Court Room – Court ProcedureIn the Court Room – Court Procedure
ArraignmentArraignment
The purpose of the arraignment is to:The purpose of the arraignment is to:
Advise the defendant of the charges (complaint) filed against him
Advise the defendant of his right to an attorney
Determine the defendant's plea
Set bond or release the defendant on his own recognizance
In the Court Room – Court ProcedureIn the Court Room – Court Procedure
Plea BargainsPlea Bargains
A plea bargain is an agreement between the defendant and prosecutor in which the defendant agrees to plead guilty or nolo contendere (no contest) to:
• A lesser included offense
• Some of the charges
• A charge on the condition that not more than a specified sentence be imposed
In the Court Room – Court ProcedureIn the Court Room – Court Procedure
Opening statements
The State’s case
The Defense’s case
Jury instructions
Deliberation
Verdict
Sentencing
Appeals
Jury SelectionTrialTrial
SummarySummarySummarySummary
Basic Legal Procedures and ConceptsBasic Legal Procedures and Concepts
The Court RoomThe Court Room The WitnessThe Witness
Presentation of Case to the ProsecutorPresentation of Case to the Prosecutor
EvidenceEvidence Effective Case ReportEffective Case Report
ConclusionConclusionConclusionConclusion
This training module has provided you with a better understanding of the basic Legal Procedures and the concepts involved in weights and measures enforcement work.
TRAINING FOR THETRAINING FOR THEWEIGHTS AND MEASURES OFFICIALWEIGHTS AND MEASURES OFFICIAL
TRAINING FOR THETRAINING FOR THEWEIGHTS AND MEASURES OFFICIALWEIGHTS AND MEASURES OFFICIAL
This Concludes Module 4This Concludes Module 4“LEGAL ACTION”“LEGAL ACTION”
This Concludes Module 4This Concludes Module 4“LEGAL ACTION”“LEGAL ACTION”