Podcast
Questions and Answers
What was the issue with the chain of custody?
What was the issue with the chain of custody?
- Improper scope of search during officer safety search
- Marijuana not relevant or competently handled
- Illegal detention
- The chain of custody was not followed (correct)
What is the primary purpose of a vehicle inventory?
What is the primary purpose of a vehicle inventory?
- Assess value to personal property contained in the vehicle
- Search the vehicle for any and all contraband
- Protect the property of a person whose vehicle has been impounded (correct)
Janice was arrested for DUI due to the 'unconscious act' exception, making her incapable of committing this crime.
Janice was arrested for DUI due to the 'unconscious act' exception, making her incapable of committing this crime.
False (B)
What type of statement was lawfully obtained from the suspect regarding the drive-by shooting?
What type of statement was lawfully obtained from the suspect regarding the drive-by shooting?
Negative non-verbal communication from peace officers towards citizens could result in a loss of community involvement.
Negative non-verbal communication from peace officers towards citizens could result in a loss of community involvement.
What crime has Smith committed by not following the officer's directions?
What crime has Smith committed by not following the officer's directions?
Individuals are not held accountable for any crimes they commit when they are under threat that reasonably causes them to believe their lives would be in danger.
Individuals are not held accountable for any crimes they commit when they are under threat that reasonably causes them to believe their lives would be in danger.
A felony is a crime that can be punished with either county jail time or a state prison commitment.
A felony is a crime that can be punished with either county jail time or a state prison commitment.
Which step of the SARA model contains collecting and examining information?
Which step of the SARA model contains collecting and examining information?
The process of questioning individuals who may otherwise be unwilling to provide information is referred to as an:
The process of questioning individuals who may otherwise be unwilling to provide information is referred to as an:
What crime has been committed when a homeowner threatens a councilman regarding his vote?
What crime has been committed when a homeowner threatens a councilman regarding his vote?
What crime has Johnson committed when he falsely reported that his brother-in-law was dealing drugs?
What crime has Johnson committed when he falsely reported that his brother-in-law was dealing drugs?
Who committed a crime involving bribery when the shop owner offered tires to the officer?
Who committed a crime involving bribery when the shop owner offered tires to the officer?
What crime did Jack commit by pulling the fire alarm without an emergency?
What crime did Jack commit by pulling the fire alarm without an emergency?
Any violation of the rights noted in the Sixth Amendment may result in which of the following?
Any violation of the rights noted in the Sixth Amendment may result in which of the following?
The purpose of bail is so that the county jails are relieved of their population pressures.
The purpose of bail is so that the county jails are relieved of their population pressures.
Probable cause is required to elevate a detention to the level of an arrest.
Probable cause is required to elevate a detention to the level of an arrest.
Officer Smith may legally do a pat down search of the two men for weapons.
Officer Smith may legally do a pat down search of the two men for weapons.
During a legal detention, which action may an officer take?
During a legal detention, which action may an officer take?
Regarding a recent immigrant during a legal detention, which statement is true?
Regarding a recent immigrant during a legal detention, which statement is true?
In every crime or public offense, there must exist a union, or joint operation of act and intent, or criminal negligence.
In every crime or public offense, there must exist a union, or joint operation of act and intent, or criminal negligence.
A person who, after a felony has been committed, knowingly harbors, conceals, or aids a principal with intent of helping the principal escape is called an...
A person who, after a felony has been committed, knowingly harbors, conceals, or aids a principal with intent of helping the principal escape is called an...
Should the officer treat the case of a woman refusing to pay rent for two months due to lack of heat as a civil or criminal matter?
Should the officer treat the case of a woman refusing to pay rent for two months due to lack of heat as a civil or criminal matter?
The right to ABSOLUTE privacy is one of the fundamental rights guaranteed by the Bill of Rights.
The right to ABSOLUTE privacy is one of the fundamental rights guaranteed by the Bill of Rights.
Search and arrest warrants must show probable cause and must also particularly state items or persons to be searched or seized.
Search and arrest warrants must show probable cause and must also particularly state items or persons to be searched or seized.
It was appropriate for the Facility Director to give consent to the police to search Mr. Guzman's suitcases.
It was appropriate for the Facility Director to give consent to the police to search Mr. Guzman's suitcases.
Can a person's failure to act constitute a crime?
Can a person's failure to act constitute a crime?
Although Monroe committed a crime in Illinois, he is still considered to have attempted to commit a crime in California as well.
Although Monroe committed a crime in Illinois, he is still considered to have attempted to commit a crime in California as well.
Which of the following persons are generally presumed to be legally incapable of committing a crime?
Which of the following persons are generally presumed to be legally incapable of committing a crime?
A prisoner’s right to be protected from cruel and unusual punishment is a right that is guaranteed by the Bill of Rights.
A prisoner’s right to be protected from cruel and unusual punishment is a right that is guaranteed by the Bill of Rights.
Uncooperative detainees may be handcuffed during a detention.
Uncooperative detainees may be handcuffed during a detention.
The interaction between an officer and a lone man walking through the business district at 3:00 am is an example of:
The interaction between an officer and a lone man walking through the business district at 3:00 am is an example of:
The Fourth Amendment provides protection against unreasonable searches and seizures, and this protection is applied only to residents of the United States of America.
The Fourth Amendment provides protection against unreasonable searches and seizures, and this protection is applied only to residents of the United States of America.
What two circumstances must exist before Miranda warnings are required?
What two circumstances must exist before Miranda warnings are required?
An officer can make a warrantless arrest under which of the following circumstances?
An officer can make a warrantless arrest under which of the following circumstances?
In the situation described, is lethal force authorized to prevent escape when the suspect begins to pull away in a parked car?
In the situation described, is lethal force authorized to prevent escape when the suspect begins to pull away in a parked car?
Reasonable suspicion to justify a detention is defined as enough facts and circumstances to make it reasonable to strongly believe the person is guilty of a crime.
Reasonable suspicion to justify a detention is defined as enough facts and circumstances to make it reasonable to strongly believe the person is guilty of a crime.
According to U.S. Code, Title 18, Section 241, how many are required to constitute a conspiracy?
According to U.S. Code, Title 18, Section 241, how many are required to constitute a conspiracy?
A person acknowledged and waived her Miranda rights by nodding her head in an affirmative manner. This is an example of:
A person acknowledged and waived her Miranda rights by nodding her head in an affirmative manner. This is an example of:
A patdown search during a detention is limited to:
A patdown search during a detention is limited to:
Johnson, resembling a robbery suspect, refused to answer questions and may now have his detention elevated to an arrest.
Johnson, resembling a robbery suspect, refused to answer questions and may now have his detention elevated to an arrest.
In order to protect their Fifth Amendment right against self-incrimination, Peace Officers must provide Miranda warnings to individuals about to undergo:
In order to protect their Fifth Amendment right against self-incrimination, Peace Officers must provide Miranda warnings to individuals about to undergo:
Arrest is defined by what?
Arrest is defined by what?
Which of the actions below is considered appropriate for a peace officer to take during the detention of a robbery suspect?
Which of the actions below is considered appropriate for a peace officer to take during the detention of a robbery suspect?
A uniformed peace officer tells a person that he is under arrest. Has all necessary information been provided to the arrested person?
A uniformed peace officer tells a person that he is under arrest. Has all necessary information been provided to the arrested person?
Peace Officers in hot pursuit of a murder suspect may enter a fenced backyard without consent.
Peace Officers in hot pursuit of a murder suspect may enter a fenced backyard without consent.
Johnson stopped for being out after curfew and not cited is an example of applying the law in the spirit of the law.
Johnson stopped for being out after curfew and not cited is an example of applying the law in the spirit of the law.
Probable cause to search an area for an object means that:
Probable cause to search an area for an object means that:
The elements of a lawful arrest require that:
The elements of a lawful arrest require that:
A set of facts that would cause a person of ordinary care and prudence to entertain an honest and strong belief that the person to be arrested is guilty of a crime is called:
A set of facts that would cause a person of ordinary care and prudence to entertain an honest and strong belief that the person to be arrested is guilty of a crime is called:
Officers may enter without consent and without a warrant based on exigent circumstances if they hear activity inside a home after identifying themselves.
Officers may enter without consent and without a warrant based on exigent circumstances if they hear activity inside a home after identifying themselves.
A vehicle may be searched without a warrant if:
A vehicle may be searched without a warrant if:
A man who was critically injured by a gunshot stated that his wife shot him. This testimony could probably be admissible under what exception to the hearsay rule?
A man who was critically injured by a gunshot stated that his wife shot him. This testimony could probably be admissible under what exception to the hearsay rule?
The express purpose of conducting a vehicle inventory is to:
The express purpose of conducting a vehicle inventory is to:
Enrique, who reacts violently when demanding his money back for a faulty car, creates a:
Enrique, who reacts violently when demanding his money back for a faulty car, creates a:
A shop owner made a private arrest of a young man he thought had shoplifted. What options does the responding officer have for disposition of the young man?
A shop owner made a private arrest of a young man he thought had shoplifted. What options does the responding officer have for disposition of the young man?
Officers stopped a vehicle matching the description of one seen leaving the scene of an armed robbery. What areas of the car can be legally searched?
Officers stopped a vehicle matching the description of one seen leaving the scene of an armed robbery. What areas of the car can be legally searched?
Peace officers must select a force option that is appropriate for a situation and stick with it regardless of sudden changes.
Peace officers must select a force option that is appropriate for a situation and stick with it regardless of sudden changes.
Pursuant to the 8th Amendment, punishments for criminal offenses should vary with the location of where the crime occurred.
Pursuant to the 8th Amendment, punishments for criminal offenses should vary with the location of where the crime occurred.
Which of the following acts by a peace officer will help ensure evidence is admissible in court?
Which of the following acts by a peace officer will help ensure evidence is admissible in court?
Is there sufficient probable cause to arrest a suspect based on eyewitness testimony that the suspect fled after gunshots?
Is there sufficient probable cause to arrest a suspect based on eyewitness testimony that the suspect fled after gunshots?
Which of the following areas of a vehicle may not be searched incident to the custodial arrest of an occupant?
Which of the following areas of a vehicle may not be searched incident to the custodial arrest of an occupant?
This federal constitutional standard (Tennessee V. Garner) is the sole guideline for peace officers regarding the use of deadly force.
This federal constitutional standard (Tennessee V. Garner) is the sole guideline for peace officers regarding the use of deadly force.
According to the California Penal Code, peace officers have the authority to use reasonable force only after providing a verbal warning that force will be used.
According to the California Penal Code, peace officers have the authority to use reasonable force only after providing a verbal warning that force will be used.
A person suspected of committing homicide who shoots at officers creates a sufficient fear that justifies the use of lethal force.
A person suspected of committing homicide who shoots at officers creates a sufficient fear that justifies the use of lethal force.
The situation where a burglar shoots at an officer but is then shot and killed by the officer is described as:
The situation where a burglar shoots at an officer but is then shot and killed by the officer is described as:
Based upon the circumstances described, why will the evidence (marijuana) be excluded at trial?
Based upon the circumstances described, why will the evidence (marijuana) be excluded at trial?
Flashcards
Crime requires act and intent
Crime requires act and intent
Every crime needs both a criminal action and a guilty mind (or criminal negligence).
Accessory after the fact
Accessory after the fact
Someone who helps a criminal escape after a felony.
Civil matter (rent)
Civil matter (rent)
Landlord-tenant disputes, like unpaid rent, are handled in civil court.
Eighth Amendment
Eighth Amendment
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Search warrant
Search warrant
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Consent to search
Consent to search
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Failure to act as crime
Failure to act as crime
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Probable cause
Probable cause
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Miranda warnings
Miranda warnings
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Warrantless arrest
Warrantless arrest
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Handcuffing for Detention
Handcuffing for Detention
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Lethal Force
Lethal Force
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Appropriate Use of Force
Appropriate Use of Force
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Consensual Encounter
Consensual Encounter
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Reasonable suspicion
Reasonable suspicion
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Vehicle search
Vehicle search
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Vehicle Inventory
Vehicle Inventory
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Implied Waiver
Implied Waiver
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Dying declaration
Dying declaration
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Negative Nonverbal Communication
Negative Nonverbal Communication
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Arrest Information
Arrest Information
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Duress as Defense
Duress as Defense
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Felony vs. County/State Prison
Felony vs. County/State Prison
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SARA Model
SARA Model
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Study Notes
Crime and Offenses
- Every crime requires a union of act and intent, or criminal negligence.
- An accessory is one who assists a principal after a felony has been committed, aiming to help them escape.
Civil vs. Criminal Matters
- Non-payment of rent can be treated as a civil matter, as it involves disagreements between landlords and tenants.
Rights and Protections
- The right to absolute privacy is not guaranteed by the Bill of Rights.
- The Eighth Amendment protects against cruel and unusual punishment.
Search and Arrest Protocols
- Search and arrest warrants must show probable cause and specifically outline what is to be searched or seized.
- Consent to search personal property at a facility must come from the individual, not a third party.
Legal Concepts
- Failure to act can constitute a crime.
- Probable cause involves a reasonable belief that an object sought is present in a specific location.
Arrests and Detentions
- Miranda warnings are necessary before custodial interrogations.
- An officer may make a warrantless arrest if a felony or misdemeanor occurs in their presence.
- Handcuffing uncooperative detainees during a detention is lawful.
Use of Force
- Lethal force is not authorized solely to prevent escape unless there is imminent danger.
- Peace officers must select an appropriate use of force based on the situation and may not adhere to one force option without adjustment.
Voluntary and Consensual Encounters
- Statements made during consensual encounters generally do not elevate to detentions or arrests.
- Detentions require reasonable suspicion, which is less than probable cause.
Search and Inventory Protocols
- Vehicle searches can be conducted without a warrant if probable cause exists.
- The primary purpose of vehicle inventory is to protect personal property and prevent false claims.
Legal Definitions and Exceptions
- A waiver of rights may be implied through actions such as nodding affirmatively.
- Dying declarations are admissible as an exception to the hearsay rule.
Community Involvement and Officer Conduct
- Negative non-verbal communication from officers can harm community relations and involvement.
- Officers must provide sufficient information to arrestees about the nature of the arrest.
Accountability and Legal Exemptions
- Individuals may not be held accountable for crimes committed under duress, where their lives are believed to be in danger.
- Felonies are not limited to county jail time and may require state prison commitment.
SARA Model
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The SARA model includes steps for collecting and examining information as part of its framework for problem-solving in policing.### Legal Definitions and Contexts
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Types of Interrogation: The questioning process to obtain information from reluctant individuals is termed interrogation.
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Threat Assessment: A note threatening to "slash tires" to influence a councilman's vote does not constitute a crime if the threat is deemed unreasonable, as in this case where the recipient does not own a car.
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False Reports: Making baseless allegations, such as claiming a relative is dealing drugs, does not constitute a crime if done as a joke, provided no genuine false report was made to authorities.
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Bribery Implications: Any attempt to offer an incentive (e.g., tires) to an officer in exchange for favoritism, even without monetary exchange, qualifies as bribery for both parties involved.
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False Emergency Reporting: Activating a fire alarm without an actual emergency is classified as a crime involving falsely reporting an emergency, irrespective of awareness of legality.
Legal Principles and Amendments
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Sixth Amendment Violations: Any infringement of rights specified in the Sixth Amendment may lead to exclusion of evidence, potential criminal liability for the officer, or dismissal of charges, encapsulating all consequences.
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Purpose of Bail: Bail serves a purpose beyond relieving jail populations; it is fundamentally related to ensuring defendants appear for trial.
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Probable Cause Requirement: Elevating a detention to an arrest necessitates establishing probable cause, which is a critical legal threshold.
Law Enforcement Protocols
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Legal Detention Procedures: During a lawful detention, officers may engage with detainees to inquire about their locations during a crime; however, conducting a search for weapons must be based on reasonable suspicion.
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Search Rights Under Detention: Officers are authorized to conduct a pat-down search for weapons if there is a reasonable belief that potential threats are present.
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Rights of Non-Citizens: In a legal detention, non-citizens retain constitutional rights akin to those of citizens, barring certain defenses like diplomatic immunity, and ignorance of the law is not an acceptable defense against arrest.
Studying That Suits You
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Description
Test your knowledge of California penal code with this PC 832 practice quiz. The quiz focuses on definitions and key concepts related to criminal law. Perfect for law enforcement students or anyone interested in criminal justice.
