Constitutional Rights and Refusal Provisions in DUI Cases Quiz

SelectiveEuphoria avatar
SelectiveEuphoria
·
·
Download

Start Quiz

Study Flashcards

22 Questions

Which of the following best describes the origin of the California legal system?

It was derived from the English common law.

According to the text, how is the California legal system different from the English common law?

California law is directed toward the spirit of the law, while English common law is not.

What is the requirement for a law to be enforceable in California?

It must be codified.

According to the Welf. & Inst. Code, § 207.1, subd. (j), what are the conditions for a minor to be administered a test at a juvenile facility?

The evaluation or test must be performed as quickly as possible.

Under what conditions can a minor be administered a test at a juvenile facility?

The minor must be under the continuous, personal supervision of a peace officer or employee of the detention facility or jail.

What is the maximum time a minor can remain at a juvenile facility after being administered a test?

Two hours

According to the text, which of the following actions may constitute a violation of section 148?

Refusing to cooperate with the police

In which of the following situations is it NOT considered a violation of section 148?

Challenging an officer's actions

According to the text, when can a refusal to consent to enter a residence be grounds for a section 148 violation?

When the refusal is based on the Fourth Amendment rights

In the example provided in the text, why was there no section 148 violation for Chase C.?

The detention of the nonsuspect minors was unlawful

According to the text, under what circumstances can a minor be detained in a jail or lockup facility?

If they are alleged to have committed a designated offense and their case has been transferred to adult court

According to the text, what are the major restrictions regarding the detention of minors in California?

Minors cannot be detained in any building that contains a jail or lockup for adults

According to the text, what is the maximum duration for temporary detention in a lockup facility for a minor?

Six hours

According to the text, what is required for a minor's detention to be considered lawful?

The detention must comply with specified conditions

Which section of the California Penal Code defines the crime of 'Resisting Public Officers in the Performance of Their Duties'?

Section 148

What is required for a violation of Section 148 of the California Penal Code to occur?

A specific act or omission

What constitutes a violation of Section 148 of the California Penal Code?

Running and hiding when an officer is about to effect a detention

Which action is not a violation of Section 148 of the California Penal Code?

Taking a photograph or recording an officer in a public place

According to the text, a violation of Penal Code section 69 occurs when a person attempts, by means of any threat or violence, to deter or prevent an executive officer from performing their duty. What is the punishment for such violation?

All of the above

Under the 'resisting' part of Penal Code section 69, what is required for a violation to occur?

Physical force

According to the text, when does a violation of Penal Code section 69 occur if the suspect threatens to deter or prevent at some point in the future?

Regardless of whether the officer is engaged in the lawful performance of their duties or on duty at the time the threat was made

In the example provided in the text, what constituted a threat of death or bodily harm sufficient to sustain a Penal Code section 69 conviction?

Using racial slurs towards an investigating officer

Quiz: Understanding the Constitutional Rights and Refusal Provisions in DUI Cases Test your knowledge of the constitutional rights and refusal provisions in DUI cases with this quiz. Learn about the legal implications of refusing a blood test and the rights of suspects to challenge warrantless searches. Put your knowledge to the test and see how well you understand the complex legalities surrounding DUI arrests.

Make Your Own Quizzes and Flashcards

Convert your notes into interactive study material.

Get started for free
Use Quizgecko on...
Browser
Browser