POST TEST #1 LD 5,15,16,20,39 Questions with Complete Verified Solutions 2024/2025, Exams of Law

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POST TEST #1 LD 5,15,16,20,39 Questions with Complete Verified Solutions 2024/2025 3 origins of law Constitutional, statutory and case law Constitutional Law Rules and provisions found in the federal and state constitutions Statutory Law Written laws enacted by a legislative body Case Law Previous appellate court decisions that are binding on lower court decisions (know as precedent) Primary purpose is to interpret constitution and clarify statutes Letter of the Law The law is strictly applied in accordance with the literal meaning of the statute, leaving no room for interpretation Spirit of the law The law is applied in accordance with the intent of the legislature, the promotion of fairness and justice, and not solely in literal compliance with the words of the statute Criminal Law Violations of the criminal statutes Civil Law Non-criminal violations of the law or private wrongs committed by one person of another (civil wrong called a tort) Tort by omission Omission of an act or negligence may also be a tort if it violates a legal duty owed to another person PC 15 Defines a crime or public offense Penalties: Death Imprisonment Fine Removal from office Disqualification to hold and enjoy any office of honor, trust, or profit in CA Elements of a crime The basic facts that must be proven by the prosecution to sustain a conviction Intent A mental state or frame of mind that the person knowingly did the particular crime Transferred intent When an unlawful act affects a person other than, or in addition to, the person it was intended to affect Criminal Negligence A negligent act that is aggravated or reckless, and constitutes indifference to the consequences Attempt crimes not defined in penal codes Charged under the general provisions of 664 PC (attempts) and the PC for the crime attempted Example: 664 PC and 459 PC = attempted burglary Attempted crime elements An intent to commit that crime A direct, but ineffectual act done toward its commission Elements that are basic to every crime Commission of a prohibited act, or an omission of a required act Presence of a designated state of mind (intent) 3 crime categories Felonies, Misdemeanors, and Infractions Felony A crime punishable by a fine, and/or imprisonment in a state prison, death or removal from office PC 17 Misdemeanor • PC 836(d) - Assault on spouse, co-habitant, or parent of child • PC 243.5 - Assault on school property • PC 836.1 - Assault on firefighter, emt, etc • PC 836(e)(1)(2) - Carrying concealed firearm in airport PC 840 Warrantless arrests may take place at any time for a felony PC 836 Warrantless arrests 6am-10pm unless committed in a officers presence, arrested in a public place or already in custody Arrest Warrant A written order signed by a magistrate which directs and commands a peace officer to arrest the person named in the warrant for the offense named in the warrant. PC 817 Allows officer to obtain an arrest warrant prior to any criminal charges being filed Pre-compliant warrants (Ramey) Process: • Make written or oral statement of P.C (affidavit) • Magistrate evaluates information • Warrant is issued • Subject arrested • A criminal complaint may be subsequently filed pursuant to PC 849 PC 844 Before entering into a private dwelling to arrest, an officer needs to have lawful access Knock and Notice Procedure • Announce presence • Identify as police • State purpose • Demand entry • Wait reasonably amount of time • If necessary, forcibly enter Exigent Circumstances exist when • Hot pursuit • An imminent threat to life or property • Suspect escaping • Destruction of evidence/contraband PC 847 A private person who has arrested another for the commission of public offense must, without unnecessary delay, take person arrested before a magistrate, or delivery him to a peace officer PC 835a Reasonable force may be used to make an arrest, prevent escape, or overcome resistance. Immunity An exemption from duty or penalty Stale Misdemeanor When an adult commits a misdemeanor in another person's presence (including a peace officer) and the person fails to arrest the adult within a reasonable time thereafter. Example: A kid spray painting a wall and an officer see's him, but the kid gets away for 2 days. The officer can't arrest him but can detain for information to get a warrant. Statute of Limitations Suspects for most crimes must be arrested within a certain time limit • Most misdemeanors - 1 year • Most felonies - 3 years • Crimes punishable by death or life imprisonment - No limit • Sex crimes, crimes against children & others - Can vary depending on crime PC 834 and PC 835 Authorizes officers and private persons to make arrests Elements: • Arrestee must be taken into custody for a crime and in the manner prescribed by law • An arrest may be made by actual restraint • Reasonable force may be used to make arrest Subterfuge The use of deception or falsehoods as a tactic when interrogating a suspect Falsely telling a suspect that they have been positively identified by a witness, making a suspect make an admission or confession Coercion The use of force (mental or physical), threats, or overbearing psychological pressure to deprive a suspect free choice to admit, deny, or refuse to answer Falsely telling a suspect that members of his/her family member will be held accountable if he/she does not confess to a crime Involuntary Confession A statement that results from the use of coercion Confession vs. Admission • Confession - involves acknowledging the commission of all the elements of a crime • Admission - involves acknowledging certain facts that tend to incriminate the individual, but fall short of a confession 4th Amendment Constitutional Protections • Privacy • Liberty • Possession of property Reasonable expectation of privacy Exists when a person exhibits an actual expectation of privacy, and the expectation is one that society is prepared to recognize as reasonable Standing Exists only if a subject has a reasonable expectation of privacy in the place of thing that is being searched or seized Established by: • Ownership • Lawful possession • Authority • Control of area searched or property seized Exclusionary Rule During motion to suppress hearing, a search or seizure is determined to be in violation of the 4th amendment, all evidence will be excluded PC 1538.5 Time limitation for a search warrant Search warrants shall be executed and returned within 10 days of issuance (Starts the day after warrant is issued) (No exceptions for weekends or holidays) Nexus Rule Officers may seize items not listed in the warrant when: • The items are discovered while the officers are conducting a lawful search for the listed evidence, and • They have probable cause to believe the item is contraband, evidence of criminal behavior, or would otherwise aid in the apprehension or conviction of the criminal • Voluntary • Obtained from a person with the authority or apparent authority to give that consent Factors for obtaining search warrant to enter a person's body • Method • Seriousness of crime • Importance of evidence to investigation • Existence of alternative means • Safety and intrusiveness Warrantless • Valid consent • Implied consent - a person who drives vehicles for blood, breath, and urine. (VCS 23612 states that implied consent, if a person is driving and arrested for DUI does not permit forced extract of sample. If refused to comply, may be forced if: exigent circumstances - other than dissipation , suspect has search terms that allow forced sample , officers secured a search warrant pursuant to PC 1524(a)(3)) A person cannot refuse a breath test - Refusal to comply w. Implied consent may result in administrative consequences such as suspension or revocation of driving privileges Stable Evidence Evidence that will not change over time Example: Blood samples for routine test like DNA Evanescent Evidence Evidence that will change or be lost over time Example: Blood samples for drugs/alcohol, scraping under nails Use of Force during bodily intrusion searches and seizures (swallow prevention) May use a level of force necessary to overcome the person resistance and recover the evidence (Officers permitted to exert minimal pressure on the neck) No choke holds Preventing swallowing of evidence • Detain suspect under controlled conditions or wait until evidence naturally passes • If a doctor declares life in danger, stomach can be pumped or an emetic can be administered • Suspect may give consent to stomach pump or emetic but should be under supervision of a doctor Blood Samples • If obtained in a medically approved manner, it is considered minimally instructive. If a warrant is sought, it does not require a detailed explanation of need Affidavit must demonstrate only: • Probable cause that the test results will show evidence of a crime • The removal will he conducted by a trained medical personnel in accordance with accepted medical procedures Fingerprints • May be obtained if officer has consent or probable cause to believe the person was involved in a crime • Cannot refuse if arrested • May use reasonable force to obtain fingerprints Handwriting Samples • Are admissible as evidence, refusal may be commenter upon later at trial as consciousness of guilt • If a person refuses, court may order them to provide one or be held in contempt of court Voice Evidence • Person has no legal right to refuse • Refusal can later be commented upon at trial as consciousness of guilt Field Showups • Interviewing of a possible suspect by the victim or witness that commonly occurs in the field shortly after crime committed (Display suspect without handcuffs if reasonably so) •Obtain detailed description • Tell victim or witness to keep an open mind and suspect may or may not be present • Remain impartial and neutral • Separate victims and witnesses before, during and after. Photographic Lineup Does not have to take place within a short time of the crime but should take place while victim/witness memory is fresh Same race, sex, facial characteristics, same size photo and shots (close ups) Custodial Lineup Can take place any time after crime within a controlled environment of a law enforcement facility Same as photo lineup but similar clothing or particular characteristics Graham vs. Connor Judged from the perspective of a reasonable officer on the scene rather than the 20/20 vision of hindsight.. *Reasonable standard Reasonable Officer Standard • Would another officer with the same or similar training and experience do the same thing • When faced with the same or similar circumstances • Or act in the same or similar way or make a similar judgement PC 834a If a person has knowledge, or by the exercise of reasonable care, should have knowledge, that he is being arrested by a peace officer, it is the duty of such person to refrain from using force or any weapon to resist such arrest. PC 835 An arrest is made by an actual restraint of the person, or by submission to the custody of an officer. PC 835a Reasonable force may be used to make an arrest, prevent escape, or overcome resistance. PC 843a If a person has knowledge, or by the exercise of reasonable care, should have knowledge, that he is being arrested by a peace officer, it is the duty of such person to refrain from using force of any weapon to resist such arrest Force Options Choices available to a peace officer in each agency's policy to overcome resistance, effect arrest, prevent escape, or gain control of the situation. Objective of using force To gain control of an individual and to maintain control Key considerations for force • Distance • Number of suspects • Subject's mental/intoxication state • Subject's physical strength and skills • Affecting or endangering others • Time Three general force options • Non-deadly • Intermediate • Deadly Serious Bodily Injury Bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. Public Officers Building inspectors, health inspectors, etc Executive Officers Peace officers, district attorneys, city attorneys, and police commissioners. PC 69 Obstructing or resisting an executive officer FELONY PC 71 Threatening public officers and employees, and school officials FELONY PC 148(c) Removing or taking a firearm from an officer FELONY PC 148(d) Attempting to remove or take a firearm from an officer FELONY PC 148(d)(1) Officers' holster strap was unfastened by defendant PC 148(d)(2) Firearm was partially removed from holster by defendant PC 148(d)(3) Firearm safety was released by defendant PC 148(d)(4) A witness corroborates that the defendant actually intended to remove the firearm and that the defendant actually touched the firearm PC 148(d)(5) Witness corroborates that the defendant actually had his hand on the firearm and tried to take it from the officer who was holding it PC 148(d)(6) The defendant's fingerprint was found on the firearm or holster PC 148(d)(7) Physical evidence authenticated by a scientifically verifiable procedure established that the defendant touched the firearm PC 148(d)(8) In the course of any struggle, the officer's firearm fell and the defendant attempted to pick it up PC 148(b) Removing or taking any weapon other than a firearm from the person or immediate presence of an officer FELONY PC 836.6(a) Attempting to escape, or escaping from the custody of a peace officer after being remanded by a magistrate or judge FELONY PC 836.6(b) Attempting to escape or escaping from custody of a peace officer who knows or should know he had been arrested FELONY PC 4530(a) Attempting to escape or escaping from a state prison through the use of force FELONY PC 4530(b) Attempting to escape or escaping from a state prison without the use of force FELONY PC 4530(c) Failure of a prisoner to return from temporary release such as work or education release, at the specified time FELONY PC 4550 Attempting to rescue or rescuing a prisoner FELONY Constitution A written document that embodies the basic laws of a nation or state Three branches of government Executive, Legislative, Judicial Criminal Justice System gives law enforcement two extraordinary powers which are... • The power to arrest • The power to use deadly force Basic rights and freedoms U.S Constitution and its amendments apply to all individuals in the U.S regardless of citizenship 1st Amdendment • Freedom of religion • Freedom of speech • Freedom of press • Freedom of assembly • Right to petition the government for a redress of grievances 4th Amendment Freedom from unreasonable searches and seizures 5th Amendment • Freedom from double jeopardy • Freedom from self incrimination 6th Amendment • Right to be told charges when arrested • Right to speedy trial • Right to public trial, by an impartial jury • Right to confront witnesses • Right to counsel 14th Amendment • Right to due process • Right to equal protection of laws Three components of the Criminal Justice System • Law enforcement • Judicial • Corrections Arraignment Legal procedure where the court informs defendants of the nature of the charges against them and of their constitutional rights to have counsel, to plead guilty or not guilty, and to have a jury trial Preliminary Hearing A screening procedure used in felony cases to determine if there is enough evidence to hold a defendant for trial Indictment A formal charge by a grand jury