California Commission on Peace Officer Standards and Training Basic Course Workbook Series PDF

CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING Basic Course Workbook Series Student Materials Learning Domain 39 Crimes Against the Justice System Version 5.9 THE MISSION OF THE CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING IS TO CONTINUALLY ENHANCE THE PR...

CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING Basic Course Workbook Series Student Materials Learning Domain 39 Crimes Against the Justice System Version 5.9 THE MISSION OF THE CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING IS TO CONTINUALLY ENHANCE THE PROFESSIONALISM OF CALIFORNIA LAW ENFORCEMENT IN SERVING ITS COMMUNITIES  Basic Course Workbook Series Student Materials Learning Domain 39 Crimes Against the Justice System Version 5.9 © Copyright 2006 California Commission on Peace Officer Standards and Training (POST) All rights reserved. Published 1999 Revised January 2000 Revised June 2002 Revised January 2006 Corrected May 2008 Workbook Correction January 27, 2009 Revised April 2009 Correction October 2018 Correction July 2019 Revised December 2021 This publication may not be reproduced, in whole or in part, in any form or by any means electronic or mechanical or by any information storage and retrieval system now known or hereafter invented, without prior written permission of the California Commission on Peace Officer Standards and Training, with the following exception: California law enforcement or dispatch agencies in the POST program, POST-certified training presenters, and presenters and students of the California basic course instructional system are allowed to copy this publication for non-commercial use. All other individuals, private businesses and corporations, public and private agencies and colleges, professional associations, and non-POST law enforcement agencies in-state or out-of- state may purchase copies of this publication, at cost, from POST as listed below: From POST’s Web Site: www.post.ca.gov Go to Ordering Student Workbooks  POST COMMISSIONER Joyce Dudley – Chair District Attorney Santa Barbara County Rick Braziel – Vice Chair Educator Humboldt State University Alan Barcelona Special Agent California Department of Justice Ingrid Braun Sheriff-Coroner Mono County Sheriff’s Department Lai Lai Bui Sergeant Sacramento Police Department Barry Donelan Sergeant Oakland Police Department Robert T. Doyle Sheriff Marin County Kelly Gordon Chief Monterey Park Police Department P. Lamont Ewell Public Member Geoff Long Public Member Tina Nieto Chief Marina Police Department James O’Rourke Sergeant California Highway Patrol Batine Ramirez Sergeant Placer County Sheriff’s Department John Marsh Chief Representing Rob Bonta Director of Division of Law Enforcement Attorney General Ex-Officio Member  THE ACADEMY TRAINING MISSION The primary mission of basic training is to prepare students mentally, morally, and physically to advance into a field training program, assume the responsibilities, and execute the duties of a peace officer in society.  FOREWORD The California Commission on Peace Officer Standards and Training sincerely appreciates the efforts of the many curriculum consultants, academy instructors, directors and coordinators who contributed to the development of this workbook. We must also thank the California law enforcement agency executives who allowed their personnel to participate in the development of these training materials. This student workbook is part of the POST Basic Course Training System. The workbook component of this system provides a self-study document for every learning domain in the Basic Course. Each workbook is intended to be a supplement to, not a substitute for, classroom instruction. The objective of the system is to improve academy student learning and information retention and ultimately contribute to you becoming a peace officer committed to safety, and to the communities you will serve. The content of each workbook is organized into sequenced learning modules to meet requirements as prescribed both by California law and the POST Training and Testing Specifications for the Basic Course. It is our hope that the collective wisdom and experience of all who contributed to this workbook will help you, the student, to successfully complete the Basic Course and to enjoy a safe and rewarding career as a peace officer. MANUEL ALVAREZ, Jr. Executive Director  LD 39: Crimes Against the Justice System Table of Contents Topic See Page Preface iii Introduction iii How to Use the Student Workbook iv Chapter 1: Identifying and Classifying Crimes that 1-1 Obstruct the Judicial Process Overview 1-1 Intimidating Witnesses or Victims 1-3 Threats of Retaliation 1-7 Violating a Court Order 1-8 Chapter Synopsis 1-10 Workbook Learning Activities 1-11 Chapter 2: Identifying and Classifying Crimes of 2-1 Obstruction of Law Enforcement Overview 2-1 Resisting an Officer 2-3 Disarming an Officer 2-7 Escape 2-12 Rescue 2-16 Chapter Synopsis 2-19 Workbook Learning Activities 2-20 Continued on next page LD 39: Crimes Against the Justice System i Table of Contents, Continued Topic See Page Chapter 3: Identifying and Classifying Crimes Related 3-1 to False Information Overview 3-1 Providing False Identification 3-3 Falsely Reporting a Crime, or Emergency, or 3-5 Destructive Device Chapter Synopsis 3-9 Workbook Learning Activities 3-10 Chapter 4: Identifying and Classifying Crimes Against 4-1 the Public Peace Overview 4-1 Unlawful Assembly 4-3 Refusal to Disburse 4-5 Chapter Synopsis 4-7 Workbook Learning Activities 4-8 Glossary G-1 ii LD 39: Crimes Against the Justice System  Preface Introduction Student The student workbooks are part of the POST Basic Course Instructional workbooks System. This system is designed to provide students with a self-study document to be used in preparation for classroom training. Regular Basic Completion of the Regular Basic Course is required, prior to exercising peace Course training officer powers, as recognized in the California Penal Code and where the requirement POST-required standard is the POST Regular Basic Course. Student The following elements are included in each workbook: workbook elements chapter contents, including a synopsis of key points, supplementary material, and a glossary of terms used in this workbook. LD 39: Crimes Against the Justice System iii How to Use the Student Workbook Introduction This workbook provides an introduction to the training requirements for this Learning Domain. You may use the workbook in several ways: for initial learning, for test preparation, and for remedial training. Workbook To use the workbook most effectively, follow the steps listed below. format Step Action 1 Begin by reading the: Preface and How to Use the Workbook, which provide an overview of how the workbook fits into the POST Instructional System and how it should be used. 2 Refer to the Chapter Synopsis section at the end of each chapter to review the key points that support the chapter objectives. 3 Read the text. 4 Complete the Workbook Learning Activities at the end of each chapter. These activities reinforce the material taught in the chapter. 5 Refer to the Glossary section for a definition of important terms. The terms appear throughout the text and are bolded and underlined the first time they appear (e.g., term). iv LD 39: Crimes Against the Justice System  Chapter 1 Identifying and Classifying Crimes that Obstruct the Judicial Process Overview Learning need Arrest and successful prosecution depend on the development of probable cause. Peace officers must know the elements required to arrest for crimes against the judicial process and to correctly categorize these crimes as misdemeanors or felonies. Learning The chart below identifies the student learning objectives for this chapter. objectives After completing study of this chapter, the student will be Objective able to: ID recognize the crime elements required to arrest for: - intimidating witnesses or victims, 39.01.2 - threats of retaliation, 39.01.4 - violating a court order. 39.01.5 recognize the crime classification as a misdemeanor or 39.01.6 felony. Continued on next page LD 39: Chapter 1 - Identifying and Classifying Crimes 1-1 that Obstruct the Judicial Process Overview, Continued In this chapter This chapter focuses on crimes related to government administration. Refer to the chart below for specific topics. Topic See Page Intimidating Witnesses or Victims 1-3 Threats of Retaliation 1-7 Violating a Court Order 1-8 Chapter Synopsis 1-10 Workbook Learning Activities 1-11 1-2 LD 39: Chapter 1 - Identifying and Classifying Crimes that Obstruct the Judicial Process Intimidating Witnesses or Victims Introduction It is a crime to attempt to prevent a witness or victim from attending or giving testimony at a trial, proceeding, or inquiry authorized by law by means of threat or intimidation. Leadership The goal of the American legal system is to seek the truth. While this may be one of the most complex and elusive tasks facing humanity, it is clear that the intentional effort to subvert the process contradicts that goal. Officers must demonstrate leadership skills and integrity through accurate communication in written documentation and during testimony. Penal The crime of preventing or dissuading witnesses or victims by intimidation to code testify is covered under Penal Code Section 136.1(a). section Crime To arrest a person for the intimidation of witnesses or victims to testify, the elements necessary crime elements include: Any person who knowingly and maliciously prevents or dissuades any witness or victim from attending or giving testimony at any trial, proceeding, or inquiry authorized by law (Penal Code Section 136.1(a)(1)). Any person who knowingly and maliciously attempts to prevent or dissuade any witness or victim from attending or giving testimony at any trial, proceeding, or inquiry authorized by law (Penal Code Section 136.1(a)(2)). Continued on next page LD 39: Chapter 1 - Identifying and Classifying Crimes 1-3 that Obstruct the Judicial Process Intimidating Witnesses or Victims, Continued Penal The crime of preventing or dissuading witnesses or victims from reporting that code victimization to any Peace Officer is covered under Penal Code Section section 136.1(b). Crime To arrest a person for the intimidation of witnesses or victims to testify, the elements necessary crime elements include: Every person who attempts to prevent or dissuade another person who has been the victim of a crime or who is witness to a crime from doing any of the following including but not limited to: 1) making any report of that victimization to any Peace Officer (Penal Code Section 136.1(b)(1)), causing a complaint to be sought or assisting in the prosecution (Penal Code Section 136.1(b)(2)), arresting the suspect (Penal Code Section 136.1(b)(3)). Classification The crime of intimidating witnesses or victims is a misdemeanor or felony. Continued on next page 1-4 LD 39: Chapter 1 - Identifying and Classifying Crimes that Obstruct the Judicial Process Intimidating Witnesses or Victims, Continued Attempted The mere attempt to intimidate or threaten a witness or victim is enough to threats or arrest the person for the offense that was attempted, without regard to the intimidation success or failure of the attempt. Further, no person need be physically injured or actually feel intimidated. Related To understand the crimes involving intimidating a witness or victim, peace terms officers need to become familiar with the following terms. A witness (Penal Code Section 136(2)), is any person: having knowledge of the existence or nonexistence of facts relating to any crime whose declaration under oath is received, or has been received, as evidence for any purpose who has reported any crime who has been served a subpoena who could be believed by any reasonable person to be one of the above A victim is any natural person with respect to who there is reason to believe that any crime as defined under the laws of this state or any other state or of the United States is being or has been perpetrated or attempted to be perpetrated. (Penal Code Section 136(3)) Malice means an intent to vex, annoy, harm, or injure another person. (Penal Code Section 136(1)) Continued on next page LD 39: Chapter 1 - Identifying and Classifying Crimes 1-5 that Obstruct the Judicial Process Intimidating Witnesses or Victims, Continued Examples Example: A man went to the home of his estranged wife. An argument broke out and the man slapped his wife and then told her he would come back and “really beat you up” if she reported the incident to the local law enforcement. Because of his statement to harm her if she reported the assault, the man committed the crime of intimidation of a witness or victim. 1-6 LD 39: Chapter 1 - Identifying and Classifying Crimes that Obstruct the Judicial Process Threats of Retaliation Introduction It is a crime to use force or threaten to use force or violence upon a witness to, or a victim of, a crime or any other person, or to take, damage, or destroy any property of any witness, victim, or any other person, because the witness, victim, or other person has provided any assistance or information to a law enforcement officer, or to a public prosecutor in a criminal proceeding or juvenile court proceeding. Penal Threats of retaliation is covered under Penal Code Section 140(a). code section Crime To arrest a person for threats of retaliation, the necessary crime elements elements include: Every person who willfully uses force or threatens to use force or violence upon the person of a witness to, or a victim of a crime or any other person, or to take, damage, or destroy any property of any witness, victim, or any other person, because the witness, victim, or other person has provided any assistance or information to a law enforcement officer, or to a public prosecutor in a criminal proceeding or juvenile court proceeding, shall be punished by imprisonment in the county jail not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years. NOTE: Penal Code Section 1170(h) provides that a felony may be served in state prison or a county jail. Classification The crime of threats of retaliation is a misdemeanor or a felony. Example Example: At a trial for embezzlement, Bill testified against the defendant, his former business partner. Two days later, while the jury was deliberating, Bill received a letter from the defendant stating, that because Bill had testified against him, the business they had formerly owned together would be “torched.” The defendant committed the crime of threats of retaliation. LD 39: Chapter 1 - Identifying and Classifying Crimes 1-7 that Obstruct the Judicial Process Violating a Court Order Introduction The willful disobedience of any order that has been issued by a court is a violation of a court order. Penal The crime of violation of a court order is covered under Penal Code Section code 166(a)(4). section Crime To arrest a person for violation of a court order, the necessary crime elements elements are: Any person who willfully disobeys the written terms of any process or court order, or out-of-state court order lawfully issued by any court, including orders pending trial. Classification The crime of violation of a court order is a misdemeanor. Service of For the crime of violating a court order to be complete, the court order must: the court order have been properly served on the person, or the person must have been present when the order was generated Continued on next page 1-8 LD 39: Chapter 1 - Identifying and Classifying Crimes that Obstruct the Judicial Process Violating a Court Order, Continued Examples Example: An officer arrived at the home of a woman who had reported a prowler. The officer found a man in the backyard of the home but the man claimed that he lived there. The woman identified the man as her former business partner and showed the officer a valid Temporary Restraining Order which forbade the man from coming within 100 feet of the woman. Upon questioning, the man admitted that he had been properly served with the order one week prior to the incident. The officer arrested the man for the crime of violating a court order. Example: During a trial, the judge decided to adjourn the court proceeding for a lunch break. The judge ordered the officer witness who had been testifying to return after lunch for examination by the defense attorney. The officer witness failed to return. She committed the crime of violating a court order. LD 39: Chapter 1 - Identifying and Classifying Crimes 1-9 that Obstruct the Judicial Process Chapter Synopsis Learning need Arrest and successful prosecution depend on the development of probable cause. Peace officers must know the elements required to arrest for crimes against the judicial process and to correctly categorize these crimes as misdemeanors or felonies. Intimidating Any person who knowingly and maliciously prevents or dissuades any witness witnesses or or victim from attending or giving testimony at any trial, proceeding, or victims inquiry authorized by law (Penal Code Section 136.1(a)(1)). The attempt to [39.01.2, prevent or dissuade a witness or victim is covered under Penal Code Section 39.01.6] 136.1(a)(2). Threats of Every person who willfully uses force or threatens to use force or violence retaliation upon the person of a witness to, or a victim of a crime or any other person, or [39.01.4, to take, damage, or destroy any property of any witness, victim, or any other 39.01.6] person, because the witness, victim, or other person has provided any assistance or information to a law enforcement officer, or to a public prosecutor in a criminal proceeding or juvenile court proceeding (Penal Code Section 140). Violating a Violating a court order is covered under Penal Code Section 166(a)(4). court order [39.01.5, 39.01.6] 1-10 LD 39: Chapter 1 - Identifying and Classifying Crimes that Obstruct the Judicial Process Workbook Learning Activities Introduction To help you review and apply the material covered in this chapter, a selection of learning activities has been included. No answers are provided. However, by referring to the appropriate text, you should be able to prepare a response. Activity 1. In your own words, describe the differences and similarities between the questions following crimes. Crime Differences Similarities Intimidation of witnesses and victims (Penal Code Section 136.1) Threats of retaliation (Penal Code Section 140) LD 39: Chapter 1 - Identifying and Classifying Crimes 1-11 that Obstruct the Judicial Process Workbook Learning Activities Student notes 1-12 LD 39: Chapter 1 - Identifying and Classifying Crimes that Obstruct the Judicial Process  Chapter 2 Identifying and Classifying Crimes of Obstruction of Law Enforcement Overview Learning need Arrest and successful prosecution depend on the development of probable cause. Peace officers must know the elements required to arrest for crimes that obstruct law enforcement in their duties and to correctly categorize these crimes as misdemeanors or felonies. Learning The chart below identifies the student learning objectives for this chapter. objectives After completing study of this chapter, the student will be Objective able to: ID recognize the crime elements required to arrest for: - resisting, delaying, or obstructing a public officer, 39.02.1 peace officer, or emergency medical technician, - obstructing or resisting an executive officer by use of 39.02.2 threats or force, - threatening a public officer, 39.02.3 - disarming an officer, 39.02.4 - removing any weapon, other than a firearm, from an 39.02.5 officer, - attempting to remove a firearm from a public officer, 39.02.6 - attempting to escape or escaping from the custody of 39.02.7 a peace officer, Continued on next page LD 39: Chapter 2 - Identifying and Classifying Crimes of 2-1 Obstruction of Law Enforcement Overview, Continued Learning After completing study of this chapter, the student will Objective objectives be able to: ID (continued) - attempting to escape or escaping from a prison or 39.02.8 other place of confinement, - attempting to escape or escaping from a county or 39.02.9 city jail, - attempting to rescue or rescuing. 39.02.10 recognize the crime classification as a misdemeanor or 39.02.12 felony. In this chapter This chapter focuses on crimes related to the obstruction of law enforcement. Refer to the chart below for specific topics. Topic See Page Resisting an Officer 2-3 Disarming an Officer 2-7 Escape 2-12 Rescue 2-16 Chapter Synopsis 2-19 Workbook Learning Activities 2-20 2-2 LD 39: Chapter 2 - Identifying and Classifying Crimes of Obstruction of Law Enforcement Resisting an Officer Introduction Resisting, delaying or obstructing peace officers in the discharge of their duties is a crime. The crime, often referred to as “resisting arrest,” involves preventing officers from performing their duties. Penal The crime of resisting, delaying, or obstructing any public officer, peace code officer, or emergency technician is covered under Penal Code Section section 148(a)(1). Crime To arrest a person for resisting, delaying, or obstructing any public officer, elements peace officer, or emergency technician, the necessary crime elements are: Every person who willfully resists, delays, or obstructs any public officer, peace officer, or emergency technician in the discharge or the attempt to discharge any duty of that officer’s office or employment. NOTE: The fact that a person takes a photograph or makes an audio or video recording of a public officer or peace officer, while the officer is in a public place or the person taking the photograph or making the recording is in a place he or she has the right to be, does not constitute, in and of itself, a violation of subdivision (a), nor does it constitute reasonable suspicion to detain the person or probable cause to arrest the person. (Penal Code Section 148(g)) Classification The crime of resisting, delaying, or obstructing any public officer, peace officer, or emergency technician is a misdemeanor. Peace The term peace officer includes, but is not limited to, the following: officers any county sheriff, undersheriff, or deputy sheriff; any city or district chief of police or any police officer; any marshal or deputy marshal of a municipal court; any DA investigator; any member of the California Highway Patrol. NOTE: Penal Code Section 830 et al. Continued on next page LD 39: Chapter 2 - Identifying and Classifying Crimes of 2-3 Obstruction of Law Enforcement Resisting an Officer, Continued Public The term public officer includes, but is not limited to, the following: officers building inspectors health inspectors, et al. Physical No physical contact between the suspect and the officer is necessary for the contact crime of resisting, delaying, or obstructing any public officer, peace officer, or emergency technician to be complete. Verbal threats or interference can pose sufficient obstruction for the crime to take place. Obstructing Executive officers are charged with the responsibility of enforcing the law. executive This includes peace officers, district attorneys, city attorneys, and police officers commissioners. Penal The crime of obstructing or resisting an executive officer as is covered under code Penal Code Section 69. section Crime To arrest a person for obstructing or resisting an executive officer the elements necessary crime elements are: Every person who attempts by means of threat or violence to deter or prevent any executive officer from the performance of that officer’s duties, or knowingly resists any executive officer by the use of force or violence in the performance of that officer’s duties. NOTE: The fact that a person takes a photograph or makes an audio or video recording of an executive officer, while the officer is in a public place or the person taking the photograph or making the recording is in a place he or she has the right to be, does not constitute, in and of itself, a violation of subdivision (a) (Penal Code Section 69(b)). Continued on next page 2-4 LD 39: Chapter 2 - Identifying and Classifying Crimes of Obstruction of Law Enforcement Resisting an Officer, Continued Classification It is a felony to attempt to deter or prevent executive officers from the performance of their duties. This includes a threat of future harm against the officer. Threatening Public officers are individuals employed by governmental agencies with public certain specified law enforcement powers. officers Penal The crime of threatening public officers and employees, and school officials code are identified under Penal Code Section 71 and are: section Crime To arrest a person for threatening a public officer the necessary crime elements elements are: Every person who, with the intent to cause, attempts to cause, or causes, any officer or employee of any public or private educational institution or any public officer or employee to do, or refrain from doing, any act in the performance of their duties, by means of a threat, directly communicated to such person, to inflict an unlawful injury upon any person or property, and it reasonably appears to the recipient of the threat that such threat could be carried out. NOTE: “Directly communicated” includes, but is not limited to, communication by telephone, letter, etc. Classification It is a felony to use threats to prevent public officers from performing their duties. Continued on next page LD 39: Chapter 2 - Identifying and Classifying Crimes of 2-5 Obstruction of Law Enforcement Resisting an Officer, Continued Examples Example: A man was being arrested for stealing a bicycle that had been locked up in front of a convenience store. While being handcuffed, he broke free from the peace officer’s grip and ran away. The officer eventually subdued the man. Along with the original crime, the man committed the crime of resisting a peace officer. Example: A man was distraught by what he felt were false charges brought against his son. He contacted the assistant district attorney in charge of the case and threatened to harm the attorney’s son if the charges were not dropped. Even though the attorney was not influenced by the threat, the man committed the crime of attempting to deter an executive officer from the performance of his duties. Example: A college mathematics instructor found a note on his windshield stating that he would be sorry if he didn’t give a passing grade to a particular athlete on the school’s football team. Although the instructor ignored the first note, he took the second note seriously when he found it taped to a broken window of his home. An officer questioned the athlete mentioned in the notes and the athlete admitted that he had written the notes himself. Along with the crime involving the destruction of property, the young man committed the crime of threatening public officers, employees, or school officials. 2-6 LD 39: Chapter 2 - Identifying and Classifying Crimes of Obstruction of Law Enforcement Disarming an Officer Introduction Removing or attempting to remove a Peace Officer or a Public Officer’s firearm or any other weapon during the act of resisting, delaying or obstructing an officer is a crime. Removing a If in the course of resisting, delaying, or obstructing a Peace Officer or a firearm Public Officer, a person also attempts to remove or removes the officer’s firearm or any other weapons, has committed a crime. Penal The crime of removing or taking a firearm from an officer is covered under code Penal Code Sections 148(c). sections The crime of attempting to remove or take a firearm from an officer is covered under Penal Code Sections 148(d). Crime To arrest a person for removing or taking a firearm, or attempting to remove elements or take a firearm from an officer, the necessary crime elements are: Every person who during the commission of any offense described in (Penal Code Section 148(a)(1)) (resisting, delaying, or obstructing any public officer, peace officer, or emergency technician) removes or takes a firearm from the person or from the immediate presence of a public officer or peace officer shall be punished by imprisonment pursuant to Penal Code Section 1170(h).. Continued on next page LD 39: Chapter 2 - Identifying and Classifying Crimes of 2-7 Obstruction of Law Enforcement Disarming an Officer, Continued Crime To prove Penal Code Section 148(d), one or more of the following must elements occur: (continued) the officer’s holster strap was unfastened by the defendant (Penal Code Section 148(d)(1)) the firearm was partially removed from the officer’s holster by the defendant (Penal Code Section 148(d)(2) the firearm safety was released by the defendant (Penal Code Section 148(d)(3)) an independent witness corroborates that the defendant stated that he intended to remove the firearm and that the defendant actually touched the firearm (Penal Code Section 148(d)(4)) an independent witness corroborates that the defendant actually had his hand on the firearm and tried to take it from the officer who was holding it (Penal Code Section 148(d)(5)) the defendant’s fingerprint was found on the firearm or holster (Penal Code Section 148(d)(6)) physical evidence authenticated by a scientifically verifiable procedure established that the defendant touched the firearm (Penal Code Section 148(d)(7)) in the course of any struggle, the officer’s firearm fell and the defendant attempted to pick it up (Penal Code Section 148(d)(8)) Continued on next page 2-8 LD 39: Chapter 2 - Identifying and Classifying Crimes of Obstruction of Law Enforcement Disarming an Officer, Continued Classification The crime of taking or removing a firearm or attempting to take or remove a firearm from an officer is a felony. Example Example: Two officers detained a man to question him regarding an assault. As one of the officers turned to talk to his partner, the man reached for the officer’s firearm and was able to pull it from the officer’s holster before the officer could take action. The officer’s partner grabbed the man’s hand and gained control before the man could use the firearm against the officers. The man has committed the crime of taking an officer’s firearm. Example: During a struggle to subdue a suspect, an officer’s firearm fell from the officer’s holster. The suspect kicked the firearm away from the officer and then attempted to pick it up. Another officer was able to intercede and prevent the suspect from reaching the firearm. The suspect was guilty of the crime of attempting to remove a firearm from an officer. Continued on next page LD 39: Chapter 2 - Identifying and Classifying Crimes of 2-9 Obstruction of Law Enforcement Disarming an Officer, Continued Removal If in the course of resisting, delaying, or obstructing a Peace Officer or Public of weapons Officer, a person removes or takes any weapon other than a firearm, has other than committed a crime. firearms Penal The crime of removing or taking any weapon other than a firearm from the code person or immediate presence of an officer is covered under Penal Code section Section 148(b). Crime To arrest a person for removing or taking any weapon other than a firearm elements from an officer, the necessary crime elements are: Every person who, during the commission of any offense described in Penal Code Section 148(a) (resisting, delaying, or obstructing any public officer, peace officer, or emergency technician), removes or takes any weapon, other than a firearm, from the person of, or in the immediate presence of, a public officer or peace officer shall be punished by imprisonment in a county jail not to exceed one year or pursuant to Penal Code Section 1170(h).. Continued on next page 2-10 LD 39: Chapter 2 - Identifying and Classifying Crimes of Obstruction of Law Enforcement Disarming an Officer, Continued Classification The crime of removing or taking any weapon other than a firearm from an officer is a felony. Examples Example: A peace officer attempted to use pepper spray to subdue a belligerent suspect. In the course of the officer’s actions, the suspect grabbed the can of pepper spray from the officer’s hand. The officer was able to physically subdue the suspect before he could use the spray on him. By taking the officer’s chemical weapon, the suspect was guilty of the crime of removing or taking any weapon other than a firearm from an officer. LD 39: Chapter 2 - Identifying and Classifying Crimes of 2-11 Obstruction of Law Enforcement Escape Introduction Once a person has been lawfully arrested, it is a crime to free oneself or to attempt to free oneself from the custody of a peace officer or from the custodial facility where that person has been remanded. Penal The crime of attempting to escape, or escaping from the custody of a peace code officer after being remanded by a magistrate or judge is covered under Penal section Code Section 836.6(a). The crime of attempting to escape or escaping from custody of a Peace Officer who knows or should know he has been arrested. (Penal Code Section 836.6(b)). Crime To arrest a person for attempting to escape, or escaping from the custody of a elements peace officer, the necessary crime elements are: Any person who is remanded by a magistrate or judge of any court in this state to the custody of a sheriff, marshal or other police agency, to thereafter escape or attempt to escape from that custody (Penal Code Section 836.6(a)). Any person who has been lawfully arrested by a peace officer and who knows, or by the exercise of reasonable care should have known that he or she was arrested, to thereafter escapes or attempts to escape from the peace officer (Penal Code Section 836.6(b)). NOTE: Penal Code Section 836.6 does not apply to any person confined to any city, county or state jail or prison. Classification The crime of escape or escaping from the custody of a peace officer is a misdemeanor. If the escape or attempted escape is by force or violence and causes serious bodily injury to the peace officer, the crime of escape or escaping from the custody of a peace officer is a felony. Continued on next page 2-12 LD 39: Chapter 2 - Identifying and Classifying Crimes of Obstruction of Law Enforcement Escape, Continued Penal The crime of attempting to escape or escaping from a state prison through the code use of force or violence is covered under Penal Code Section 4530(a). section The crime of attempting to escape or escaping from a state prison without the use of force or violence is covered under Penal Code Section 4530(b). Crime To arrest a person for attempting to escape, or escaping from a state prison elements through the use of force or violence, the necessary crime elements are (Penal Code Section 4530(a)): Every prisoner confined in a state prison who, by force or violence, escapes or attempts to escape therefrom and every prisoner committed to a state prison who, by force or violence, escapes or attempts to escape while being conveyed to or from that prison or any other state prison, or as delineated in Penal Code Section 4350(a) while under the custody of prison officials, officers or employees; or who, by force or violence, escapes or attempts to escape while at work outside or away from prison under custody of prison officials, officers, or employees. To arrest a person for the crime of attempting to escape or escaping from a state prison without the use of force or violence, the necessary crime elements are (Penal Code Section 4530(b)): Every prisoner who commits an escape or attempts an escape as described in subdivision (a) without force or violence. NOTE: A prisoner’s willful failure to return from temporary release, such as work or education release, at the specified time is considered an escape (Penal Code Section 4530(c)). Classification The crime of attempting to escape or escaping from a state prison with or without the use of force is a felony. Continued on next page LD 39: Chapter 2 - Identifying and Classifying Crimes of 2-13 Obstruction of Law Enforcement Escape, Continued Penal Penal Code Section 4532 identifies the elements of the crime of escaping from code county or city jail or home detention. section Crime To arrest a person for escaping from county jail or city jail or home detention elements the necessary crime elements are: Every prisoner arrested and booked for, charged with, or convicted of a misdemeanor, and every person committed under the terms of Welfare and Institutions Code Sections 5654, 5656, and 5677 as an inebriate, who is confined in any county or city jail, prison, industrial farm, or industrial road camp, is engaged on any county road or other county work, is in the lawful custody of any officer or person, is employed or continuing in confinement, pursuant to the Cobey Work Furlough Law (Penal Code Section 1208), is authorized for temporary release for family emergencies or for purposes preparatory to his or her return to the community pursuant to Penal Code Section 4018.6, or is a participant in a home detention program pursuant to Penal Code Sections 1203.016, 1203.017, or 1203.018, and who thereafter escapes or attempt to escape from the county or city jail, prison, industrial farm, or industrial road camp or from the custody of any officer or person in whose lawful custody he or she is, or from the pace of confinement in a home detention program pursuant to Penal Code Sections 1203.016, 1203.017, or 1203.18. Classification Crime Elements Penal Code Section Classification When arrested and No force used in Felony booked for, charged escape 4532(a)(1) with or convicted of a misdemeanor Force used in escape Felony 4532(a)(2) When arrested and No force used in Felony booked for, charged escape 4532(b)(1) with or convicted of felony Force used in escape Felony 4532 (b)(2) Continued on next page 2-14 LD 39: Chapter 2 - Identifying and Classifying Crimes of Obstruction of Law Enforcement Escape, Continued Examples Example: Two officers arrest three men for assault. One of the officers handcuffed the first man and placed him in the patrol vehicle. While that officer rejoined her partner to deal with the remaining prisoners, the first man kicked out the window of the patrol car, climbed out, and ran. That man has committed the crime of escape from the custody of a peace officer. Example: Two officers went to the apartment of a suspect to arrest her for possession of a controlled substance for sale. When the suspect opened the door, one of the officers produced a valid arrest warrant and placed the suspect under arrest. After the officer had handcuffed the suspect, the suspect shoved the officer down a flight of stairs and fled. The other officer chased the suspect and completed the arrest. The officer who was pushed sustained numerous serious injuries. The suspect has committed the crime of escape from a peace officer, a felony. Example: Two state correctional officers were transporting a prisoner to a state prison and became involved in an automobile accident. The officer who had been driving was severely injured, but the prisoner and other officer received only minor injuries. While the passenger officer attempted to aid his partner, the prisoner took advantage of the distraction, kicked the officer in the back and fled. Additional officers who arrived on the scene gave chase and were able to take the prisoner into custody. The prisoner has committed the crime of attempting to escape from a state prison by means of force or violence. LD 39: Chapter 2 - Identifying and Classifying Crimes of 2-15 Obstruction of Law Enforcement Rescue Introduction Unlawfully taking a prisoner from an officer or from a place of confinement for any reason is a crime. Penal The crime of attempting to rescue or rescuing is covered under Penal Code code Section 4550. section Crime To arrest a person for the crime of attempting to rescue or rescuing, the elements necessary crime elements are: Every person who rescues or attempts to rescue, or aids another in rescuing or attempting to rescue any prisoner from any prison, road camp, jail, officer or person having that prisoner in lawful custody Classification The crime of attempting to rescue or rescuing is a felony. 2-16 LD 39: Chapter 2 - Identifying and Classifying Crimes of Obstruction of Law Enforcement Chapter Synopsis Learning need Arrest and successful prosecution depend on the development of probable cause. Peace officers must know the elements required to arrest for crimes that obstruct law enforcement in their duties and correctly categorize these crimes as misdemeanors or felonies. Resisting Resisting any public officer is covered under Penal Code Section 148(a)(1). an officer [39.02.1, 39.02.2, 39.02.3, 39.02.12] Disarming Resisting or taking a weapon other than a firearm is covered under Penal Code an officer Section 148(b). Resisting or taking a firearm, or attempting to remove a [39.02.4, firearm is covered under Penal Code Section 148(c) and (d). 39.02.5, 39.02.6, 39.02.12] Escape Escape is covered under Penal Code Sections 836.6, 4530, 4532(a)(1). [39.02.7, 39.02.8, 39.02.9, 39.02.12] Rescue Rescue is covered under Penal Code Section 4550. [39.02.10, 39.02.12] LD 39: Chapter 2 - Identifying and Classifying Crimes of 2-17 Obstruction of Law Enforcement Workbook Learning Activities Introduction To help you review and apply the material covered in this chapter, a selection of learning activities has been included. No answers are provided. However by referring to the appropriate text, you should be able to prepare a response. Activity 1. Explain the crime of rescue. questions 2. Other than by means of physical force, suggest possible actions that would constitute resisting, delaying, or obstructing an officer. Continued on next page 2-18 LD 39: Chapter 2 - Identifying and Classifying Crimes of Obstruction of Law Enforcement Workbook Learning Activities, Continued Activity 3. Students at a local junior college are required to enter the building through questions a metal detector to check for weapons. A peace officer assigned to the (continued) school watches as students pass through the detector. One student, Dixon, refuses to go through the detector even when specifically directed to do so by the officer. When the officer approaches him, Dixon says, “Don’t touch me man; I’ll mess you up.” He then walks through the detector on his own without setting it off. Has any crime taken place? Explain your answer. 4. Adrian watches as a peace officer attempts to arrest her boyfriend for possession of a controlled substance. When the boyfriend begins to struggle with the officer, Adrian is afraid her boyfriend will be hurt. She lunges forward, grabs the officer’s weapon, and throws it approximately 20 feet from both of the men. As the officer’s focus shifts to the weapon, the man breaks free, and he and Adrian flee on foot. List and classify the crimes that may have been committed. LD 39: Chapter 2 - Identifying and Classifying Crimes of 2-19 Obstruction of Law Enforcement Workbook Corrections Suggested corrections to this workbook can be made by going to the POST website at: www.post.ca.gov Continued on next page 2-20 LD 39: Chapter 2 - Identifying and Classifying Crimes of Obstruction of Law Enforcement  Chapter 3 Identifying and Classifying Crimes Related to False Information Overview Learning need Arrest and successful prosecution depend on the development of probable cause. Peace officers must know the elements required to arrest for crimes related to false information and to correctly categorize these crimes as misdemeanors or felonies. Learning The chart below identifies the student learning objectives for this chapter. objectives After completing study of this chapter, the student will be Objective able to: ID recognize the crime elements required to arrest for: - providing a false identity to a peace officer, 39.03.5 - falsely reporting a criminal offense, 39.03.7 - falsely reporting an emergency, 39.03.8 - falsely reporting a destructive device. 39.03.9 recognize the crime classification as a misdemeanor or 39.03.10 felony. Continued on next page LD 39: Chapter 3 - Identifying and Classifying Crimes Related to 3-1 False Information Overview, Continued In this chapter This chapter focuses on crimes related to false information. Refer to the chart below for specific topics. Topic See Page Providing False Identification 3-3 Falsely Reporting a Crime, Emergency, or Destructive 3-5 Device Chapter Synopsis 3-9 Workbook Learning Activities 3-10 3-2 LD 39: Chapter 3 - Identifying and Classifying Crimes Related to False Information Providing False Identification Introduction Failure to truthfully identify oneself to an officer can prevent the officer from performing a lawful duty. Such an action is considered an obstruction of justice. Penal The crime of presenting a false identification to a peace officer is covered code under Penal Code Section 148.9. section Crime In order to arrest a person for presenting a false identification to a peace elements officer, the necessary crime elements are: Any person who falsely represents or identifies oneself as another person (real or fictitious) to a peace officer upon a lawful detention or arrest of the person, either to evade the process of the court, or to evade the proper identification of that person by an investigating officer. Classification The crime of presenting a false identity to a peace officer is a misdemeanor. Continued on next page LD 39: Chapter 3 - Identifying and Classifying Crimes Related to 3-3 False Information Providing False Identification, Continued Examples Example: A man was detained for shoplifting. When the officer requested identification, the man told the officer he left his wallet along with all of his identification at home. Believing that he could avoid prosecution for the theft, he identified himself with a fictitious name and address. The man committed the crime of providing a false identity to a peace officer. Related The following identifies an additional statute related to crimes identified in statute this lesson. Providing false information to a peace officer at this phase enforcing violations of the vehicle code is a misdemeanor. (Vehicle Code Section 31). This statute is related to those identified in this lesson. False personation of another in private or official capacity; bail or surety; verification, publication or acknowledgement of instrument; acts imposing liability or conferring benefit; punishment (Penal Code Section 529). 3-4 LD 39: Chapter 3 - Identifying and Classifying Crimes Related to False Information Falsely Reporting a Crime, Emergency, or Destructive Device Introduction Falsely reporting a crime or emergency is not only an obstruction of justice by the misuse of personnel, facilities, and equipment, it can also jeopardize the safety and well-being of law enforcement officers and the public. Penal The crime of falsely reporting a criminal offense is covered under Penal Code code Section 148.5. section Crime In order to arrest a person for the crime of falsely reporting a criminal offense, elements the necessary crime elements are: Every person who reports to any peace officer, district attorney, or deputy district attorney that a felony or misdemeanor has been committed knowing that the report is false. Classification The crime of falsely reporting a criminal offense is a misdemeanor. Continued on next page LD 39: Chapter 3 - Identifying and Classifying Crimes Related to 3-5 False Information Falsely Reporting a Crime, Emergency, or Destructive Device, Continued Introduction An emergency is any condition which results in, or could result in, the response of a public official in an authorized emergency vehicle, (e.g., patrol vehicle, ambulance, fire equipment, etc.), or any condition that jeopardizes public safety and results or could result in evacuation. (Penal Code Section 148.3(c)) Penal The crime of falsely reporting an emergency is covered under Penal Code code Section 148.3(a) identifies the crime elements for falsely reporting an section emergency. Crime To arrest a person for the crime of falsely reporting an emergency, the elements necessary elements are: Penal Code Section 148.3(a) states: Any individual who reports, or causes any report to be made, to any city, county, city and county, or state departments, district, agency, division, commission, or board, that an “emergency” exists, knowing that the report is false, is guilty of a misdemeanor Penal Code Section 148.3(b) states: Any individual who reports, or causes any report to be made, to any city, county, city and county, or state department, district, agency, division, commission, or board, than an “emergency” exists, and who knows that the report is false, and who knows or should know that the response to the report is likely to cause death or great bodily injury, and great bodily injury or death is sustained by any person as a result of the false report, is guilty of a felony. Classification Falsely reporting an emergency is a misdemeanor (Penal Code Section 148.3(a)). Falsely reporting an emergency which is likely to cause death or great bodily injury is a felony (Penal Code Section 148.3(b)). Continued on next page 3-6 LD 39: Chapter 3 - Identifying and Classifying Crimes Related to False Information Falsely Reporting a Crime, Emergency, or Destructive Device, Continued Introduction It is a crime to falsely report that a bomb or other explosive has been, or will be, placed in a public or private location. Penal The crime of falsely reporting a destructive device is covered under Penal code Code Section 148.1(a). section Crime Any person who reports to specified personnel that a bomb or other explosive elements has been, or will be, placed or hidden in any public or private place knowing that the report is false, is guilty of a crime punishable by imprisonment in county jail not to exceed one year, or pursuant to Penal Code Section 1170(h). NOTE: Specified personnel can include, but are not limited to, peace officers, employees of the media, employees of airlines or other forms of public transportation, occupants of a building, telephone company personnel, etc. (Penal Code Section 148.1(a)). NOTE: Penal Code Section 1170(h) provides that a felony may be served in state prison or a county jail. Classification The crime of falsely reporting a bomb, or other explosive, is a felony. Continued on next page LD 39: Chapter 3 - Identifying and Classifying Crimes Related to 3-7 False Information Falsely Reporting a Crime, Emergency, or Destructive Device, Continued Examples Example: A young man reported to a peace officer that his car had been stolen from the parking lot of a local shopping area. The young man falsely reported the crime because he did not want his father to find out that he damaged the car in a minor traffic accident. The young man committed the crime of falsely reporting a crime. Example: A high school principal received a phone call from an unidentified person stating that a bomb had been placed in a student locker in the school building. Law enforcement officials were notified, and the building was evacuated. After the building was thoroughly searched, the report was deemed to be false. Later it was determined that a student, on a dare from some of his friends, had made the phone call and falsely reported the bomb. The student committed the crime of falsely reporting a destructive device. 3-8 LD 39: Chapter 3 - Identifying and Classifying Crimes Related to False Information Chapter Synopsis Learning need Arrest and successful prosecution depend on the development of probable cause. Peace officers must know the elements required to arrest for crimes related to false information and to correctly categorize these crimes as misdemeanors or felonies. Providing false The crime of presenting a false identification to a peace officer is covered identification under Penal Code Section 148.9. [39.03.5, 39.03.10] Falsely The crime of falsely reporting a criminal offense is covered under Penal Code reporting Section 148.5. a criminal offense [39.03.7, 39.03.10] Falsely Penal Code Section 148.3(a) identifies the crime of falsely reporting an reporting an emergency. emergency [39.03.8, 39.03.10] Falsely Penal Code Section 148.1(a) identifies the crime of falsely reporting a reporting a destructive device. destructive device [39.03.9, 39.03.10] LD 39: Chapter 3 - Identifying and Classifying Crimes Related to 3-9 False Information Workbook Learning Activities Introduction To help you review and apply the material covered in this chapter, a selection of learning activities has been included. No answers are provided. However, by referring to the appropriate text, you should be able to prepare a response. Activity 1. Under what circumstances would it be a felony to provide a false identity questions to a peace officer? Continued on next page 3-10 LD 39: Chapter 3 - Identifying and Classifying Crimes Related to False Information  Chapter 4 Identifying and Classifying Crimes Against the Public Peace Overview Learning need Arrest and successful prosecution depend on the development of probable cause. Peace officers must know the elements required to arrest for crimes related to public disturbances and to correctly categorize these crimes as misdemeanors or felonies. Learning The chart below identifies the student learning objectives for this chapter. objectives After completing study of this chapter, the student will be Objective able to: ID recognize the crime elements required to arrest for: - unlawful assembly, 39.04.1 - refusal to disperse. 39.04.2 recognize the crime classification as a misdemeanor or 39.04.7 felony. LD 39: Chapter 4 - I Identifying and Classifying Crimes 4-1 Against the Public Peace Overview, Continued In this chapter This chapter focuses on crimes related to public disturbance. Refer to the chart below for specific topics. Topic See Page Unlawful Assembly 4-3 Refusal to Disburse 4-5 Chapter Synopsis 4-7 Workbook Learning Activities 4-8 4-2 LD 39: Chapter 4 - I Identifying and Classifying Crimes Against the Public Peace Unlawful Assembly Introduction The First Amendment of the Bill of Rights guarantees “the right of the people to peaceably assemble.” But when an assembly disturbs the public peace, that assembly becomes unlawful. Penal The crime of unlawful assembly is covered under Penal Code Section 407. code section Crime To arrest a person for unlawful assembly, the necessary crime elements are: elements Whenever two or more persons assembling together to do an unlawful act, or a lawful act in a violent, boisterous, or tumultuous manner, such assembly is an unlawful assembly. Continued on next page LD 39: Chapter 4 - I Identifying and Classifying Crimes 4-3 Against the Public Peace Unlawful Assembly, Continued Classification The crime of unlawful assembly is a misdemeanor. Related To understand the crime of unlawful assembly, peace officers need to become terms familiar with the following terms. A violent manner means when acts involve criminal violence or tend to incite others to criminal violence. A boisterous or tumultuous manner means when communication becomes noise at the level that disrupts the public peace. Intent There is no requirement that any overt unlawful act actually take place to make the assembly unlawful. If the purpose or specific intent of an assembly is to commit an unlawful act, then that assembly is unlawful. The intent of the assembly may be proven by circumstantial evidence (e.g., the hour or location of the assembly, statements made by participants, etc.). Violent The unlawful act during an assembly does not have to be violent to act not substantiate an unlawful assembly (e.g., acts of civil disobedience such as required blocking an entry way or occupying an area illegally). 4-4 LD 39: Chapter 4 - I Identifying and Classifying Crimes Against the Public Peace Refusal to Disperse Introduction If people have assembled unlawfully for purposes of disturbing the peace or committing any unlawful act, they can be ordered by a public official to disperse. Penal The crime of refusal to disperse is covered under Penal Code Section 416(a). code section Crime To arrest a person for refusing to disburse, the necessary elements are: elements If two or more persons assembling for the purpose of disturbing the peace, or committing any unlawful act, and do not disperse on being desired or commanded to do so by a public officer, the persons so offending are severally guilty of a misdemeanor. NOTE: This section applies only to participants in the unlawful assembly. Classification Anyone who refuses or fails to disperse after being commanded to do so is guilty of a misdemeanor. Continued on next page LD 39: Chapter 4 - I Identifying and Classifying Crimes 4-5 Against the Public Peace Refusal to Disperse, Continued Penal The crime of remaining present at the place of any riot, rout, or unlawful code assembly, is covered under Penal Code Section 409. section Crime To arrest a person for remaining present at the place of any riot, rout, or elements unlawful assembly, the necessary elements are: Every person remaining present at the place of any riot, rout or unlawful assembly, after the same has been lawfully warned to disperse, except public officers and persons assisting them in attempting to disperse. Classification Anyone who remains present at the place of any riot, rout, or unlawful assembly, after they have been lawfully warned to disperse, is guilty of a misdemeanor. Continued on next page 4-6 LD 39: Chapter 4 - I Identifying and Classifying Crimes Against the Public Peace Refusal to Disperse, Continued Examples Example: The members of a garment maker’s union were on strike and picketed in front of a local retail store. The group was peaceful and did not block the sidewalk. The purpose of the group was to inform shoppers of a certain manufacturer’s unfair labor practices. Members of the group decided they weren’t getting enough attention and used bull horns and amplification devices to yell out their message. The noise became so loud that the store owner and other merchants along the street, and residents in a nearby apartment building, began to complain. The assembly became an unlawful assembly when members of the group began to disrupt the peace with their noise. Example: The owner of the store described in the above example called the police. When officers arrived, they ordered the members of the union to disperse. Several members walked into the street and blocked traffic directly in front of the store. The members who remained and blocked traffic committed the crime of unlawful assembly. LD 39: Chapter 4 - I Identifying and Classifying Crimes 4-7 Against the Public Peace Chapter Synopsis Learning need Arrest and successful prosecution depend on the development of probable cause. Peace officers must know the elements required to arrest for crimes related to public disturbance and to correctly categorize these crimes as misdemeanors or felonies. Unlawful When an assembly disturbs the public peace, that assembly becomes unlawful assembly and is covered under Penal Code Section 407. Unlawful assembly is a [39.04.1, misdemeanor. 39.04.7] Refusal to Refusal to disperse is covered under Penal Code Section 416(a) and is a disperse misdemeanor. [39.04.2, 39.04.7] 4-8 LD 39: Chapter 4 - I Identifying and Classifying Crimes Against the Public Peace Workbook Learning Activities Introduction To help you review and apply the material covered in this chapter, a selection of learning activities has been included. No answers are provided. However, by referring to the appropriate text, you should be able to prepare a response. Activity 1. In an effort to save a local landmark building from destruction, a group of questions ten concerned citizens sits quietly on the building’s front steps. The group refuses to move, preventing the demolition crew from beginning on time. The property owner has called on law enforcement officers to solve the problem. Has a crime taken place? If so, what crime? If not, what actions can officers take? 2. A crowd of about 15 people forms in the street, watching the scenario noted above unfold. One of the concerned citizens who has been quietly sitting begins yelling to the crowd, “They’re destroying your heritage. Don’t let them crush your past. Act now, before it’s too late!” How has the situation changed? Have any additional crimes been completed? Explain. Continued on next page LD 39: Chapter 4 - I Identifying and Classifying Crimes 4-9 Against the Public Peace Workbook Learning Activities, Continued Activity 3. Can a person be arrested for disobedience to a dispersal order if that questions person claims not to have heard the order? Explain your response based (continued) on the policies and guidelines of your department or agency. Continued on next page 4-10 LD 39: Chapter 4 - I Identifying and Classifying Crimes Against the Public Peace Workbook Learning Activities, Continued Activity 4. In your own words, describe the differences and similarities between the questions following crimes. (continued) Crime Differences Similarities Refusal to disperse (Penal Code Section 416) Disobedience to a dispersal order (Penal Code Section 409) LD 39: Chapter 4 - I Identifying and Classifying Crimes 4-11 Against the Public Peace  Glossary Introduction The following glossary terms apply only to Learning Domain 39: Crimes Against the Justice System. boisterous or When communication becomes noise at a level that disrupts the public peace tumultuous manner emergency Any condition which results in, or could result in, the response of a public official in an authorized emergency vehicle (e.g., patrol vehicle, ambulance, fire equipment, etc.), or any condition that jeopardizes public safety and results or could result in evacuation (Penal Code Section 148.3(c)) executive Any people charged with the responsibility of enforcing the law. This officer includes peace officers, district attorneys, city attorneys, and police commissioners (Penal Code Section 69(a)) malice An intent to vex, annoy, harm, or injure in any way another person (Penal Code Section 136(1)) peace Any sheriff, undersheriff, or deputy sheriff, employed in that capacity, of a officer county. Any chief of police, employed in that capacity, of a city, or any police officer, employed in that capacity and appointed by the chief of police or the chief executive of the agency, of a city. Any chief of police or the chief executive of the agency, of a city. Any marshal or deputy marshal of a municipal court. Any member of the California Highway Patrol whose primary duty is the enforcement of the provisions of the Vehicle Code or of any other law relating to the use or operation of vehicles upon the highways as that duty is set forth in the Vehicle Code Continued on next page G-1 LD 39: Glossary Glossary, Continued place of A prison, jail, industrial farm, road camp, or juvenile hall, camp, ranch or farm confinement public Individuals employed by a governmental agency with certain specified law officers enforcement powers (Penal Code Section 148(a)(1)) riot Two or more people gathered together unlawfully who disturb the peace or reasonably threaten to disturb the peace by means of force or violence (Penal Code Section 404) unlawful Two or more people assembled together to do an unlawful act or a lawful act assembly in a boisterous or tumultuous manner (Penal Code Section 407) victim Any person against whom there is a reason to believe that any crime is being or has been perpetrated or attempted to be perpetrated (Penal Code Section 136(3)) violent When acts involve criminal violence or tend to incite others to criminal manner violence willfully Acting with a purpose to commit or omit an act witness Any person with knowledge of existence or nonexistence of facts relating to a crime (Penal Code Section 136(2)) LD 39: Glossary G-2