Constitutional Rights & Refusal Provisions in DUI

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22 Questions

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

Common law

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

Common law is based on the spirit of the law, while the California legal system is based on the literal meaning of the words.

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

It must be codified in the California legal system.

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

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

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

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

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

Knowledge that the person being resisted is a peace officer

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

Refusing to provide identification during a lawful arrest

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

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

Responding with defiance to a police command

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

A nonsuspect minor verbally protesting and delaying providing identification

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

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

Refusing to consent to enter a residence

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.

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.

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

All of the above.

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

The minor's detention is rendered unlawful.

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.

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.

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.

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.

Understanding the Constitutional Rights and Refusal Provisions in DUI Cases

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