Constitutional Rights & Refusal Provisions in DUI

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Questions and Answers

Which type of law was the California legal system derived from?

Common law (correct)
Civil law
Criminal law
Constitutional law

What is the main difference between common law and the California legal system?

Common law is based on the literal meaning of the words, while the California legal system is based on the spirit of the law.
Common law is based on the spirit of the law, while the California legal system is based on the literal meaning of the words. (correct)
Common law is based on precedent, while the California legal system is based on legislation.
Common law is based on legislation, while the California legal system is based on precedent.

What is required for a law to be enforceable in California?

It must be written in the California Constitution.
It must be codified in the California legal system. (correct)
It must be recognized as an unwritten law.
It must be based on common law principles.

According to the Welf. & Inst. Code, a minor can be administered a test for alcohol or drugs at a juvenile facility under certain conditions. Which of the following conditions is NOT required for the test to be administered?

The minor comes into contact with in-custody adults (A) Signup and view all the answers

According to the Welf. & Inst. Code, how long should the minor under no circumstances remain at the facility after the test is performed?

2 hours (A) Signup and view all the answers

According to the Welf. & Inst. Code, which of the following is NOT a requirement for administering a test to a minor at a juvenile facility?

The minor comes into contact with in-custody adults (A) Signup and view all the answers

Which one of the following is a violation of section 148 of the Penal Code?

Throwing a coat and keys into a car during a detention (D) Signup and view all the answers

What is required for a violation of section 148 of the Penal Code?

Knowledge that the person being resisted is a peace officer (B) Signup and view all the answers

Which one of the following is NOT a violation of section 148 of the Penal Code?

Refusing to provide identification during a lawful arrest (A) Signup and view all the answers

Under what circumstances is it NOT a violation of section 148 to take a photograph or record an officer?

When the officer is lawfully performing their duties (C) Signup and view all the answers

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

Responding with defiance to a police command (B) Signup and view all the answers

In which situation was there a violation of section 148 according to the text?

A nonsuspect minor verbally protesting and delaying providing identification (D) Signup and view all the answers

According to the text, what is protected by the First Amendment even if it is intended to interfere with the performance of an officer's duty?

Abusive language directed at the police (D) Signup and view all the answers

According to the text, what cannot be grounds for a violation of section 148?

Refusing to consent to enter a residence (D) Signup and view all the answers

Which of the following is true regarding the detention of minors in California?

Minors can be detained in juvenile hall or other secure juvenile facilities. (C) Signup and view all the answers

Under what circumstances can a minor as young as 14 be detained in a jail or other secure facility for the confinement of adults?

All of the above. (D) Signup and view all the answers

What is the purpose of the second exception that permits temporary detention in a 'lockup' facility?

All of the above. (D) Signup and view all the answers

What is the consequence of failing to comply with the conditions for a minor's detention?

The minor's detention is rendered unlawful. (A) Signup and view all the answers

Which of the following is true regarding a violation of Penal Code section 148?

If speech goes beyond criticism and constitutes an attempt to intimidate a suspected victim, then a section 148 violation has occurred. (A) Signup and view all the answers

Under Penal Code section 69, which of the following is required for a violation of the 'resisting' part of the statute?

The officer must be engaged in the lawful performance of their duties at the time of the resistance. (D) Signup and view all the answers

Which of the following statements is true regarding a violation of Penal Code section 69?

The officer must be lawfully performing their duties when the suspect resists or makes a threat to deter in the present. (B) Signup and view all the answers

Which of the following is true regarding a violation of Penal Code section 69?

The officer must be engaged in the lawful performance of their duties at the time of the resistance. (C) Signup and view all the answers

Flashcards

California Legal System Foundation

California's legal system is based on the literal interpretation of written laws.

Enforceable Law in California

It must be written and formally included (codified) in the state's legal framework.

Minor Drug/Alcohol Test Requirement

Coming into contact with in-custody adults is NOT a requirement for a minor to be administered a test for alcohol or drugs at a juvenile facility.

Maximum Time at Juvenile Facility

Under no circumstances should the minor remain at the facility longer than 2 hours after the test is performed.