Constitutional Rights and Refusal Provisions in DUI Cases Quiz

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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?

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

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. Signup and view all the answers

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

Two hours Signup and view all the answers

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

Refusing to cooperate with the police Signup and view all the answers

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

Challenging an officer's actions 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?

When the refusal is based on the Fourth Amendment rights Signup and view all the answers

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 Signup and view all the answers

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 Signup and view all the answers

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 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?

Six hours Signup and view all the answers

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

The detention must comply with specified conditions 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'?

Section 148 Signup and view all the answers

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

A specific act or omission Signup and view all the answers

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

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

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 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?

All of the above Signup and view all the answers

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

Physical force 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?

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

Using racial slurs towards an investigating officer Signup and view all the answers