Constitutional Rights and Refusal Provisions in DUI Cases Quiz
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Constitutional Rights and Refusal Provisions in DUI Cases Quiz

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Questions and Answers

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

  • It evolved from a form of case law.
  • It was influenced by the demand for justice by the common people.
  • It was derived from the English common law. (correct)
  • It was developed based on unwritten laws and traditions.

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

  • California law is based on unwritten laws, while English common law is not.
  • California law is bound to the letter of the law, while English common law is not.
  • California law is more strict in its interpretation than English common law.
  • California law is directed toward the spirit of the law, while English common law is not. (correct)

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

  • It must be strictly construed.
  • It must be based on unwritten laws and traditions.
  • It must be derived from the English common law.
  • It must be codified. (correct)

    • 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?

    <p>The evaluation or test must be performed as quickly as possible.</p> Signup and view all the answers

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

    <p>The minor must be under the continuous, personal supervision of a peace officer or employee of the detention facility or jail.</p> Signup and view all the answers

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

    <p>Two hours</p> Signup and view all the answers

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

    <p>Refusing to cooperate with the police</p> Signup and view all the answers

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

    <p>Challenging an officer's actions</p> Signup and view all the answers

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

    <p>When the refusal is based on the Fourth Amendment rights</p> Signup and view all the answers

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

    <p>The detention of the nonsuspect minors was unlawful</p> Signup and view all the answers

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

    <p>If they are alleged to have committed a designated offense and their case has been transferred to adult court</p> Signup and view all the answers

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

    <p>Minors cannot be detained in any building that contains a jail or lockup for adults</p> Signup and view all the answers

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

    <p>Six hours</p> Signup and view all the answers

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

    <p>The detention must comply with specified conditions</p> Signup and view all the answers

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

    <p>Section 148</p> Signup and view all the answers

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

    <p>A specific act or omission</p> Signup and view all the answers

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

    <p>Running and hiding when an officer is about to effect a detention</p> Signup and view all the answers

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

    <p>Taking a photograph or recording an officer in a public place</p> Signup and view all the answers

    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?

    <p>All of the above</p> Signup and view all the answers

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

    <p>Physical force</p> Signup and view all the answers

    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?

    <p>Regardless of whether the officer is engaged in the lawful performance of their duties or on duty at the time the threat was made</p> Signup and view all the answers

    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?

    <p>Using racial slurs towards an investigating officer</p> Signup and view all the answers

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