PRACTICE RBC TEST 1, 2 AND 3 EXAM 2024-2025, Exams of Nursing

Download PRACTICE RBC TEST 1, 2 AND 3 EXAM 2024-2025 and more Exams Nursing in PDF only on Docsity! 1 | P a g e PRACTICE RBC TEST 1, 2 AND 3 EXAM 2024-2025 WITH ACTUAL CORRECT QUESTIONS AND VERIFIED DETAILED ANSWERS |FREQUENTLY TESTED QUESTIONS AND SOLUTIONS |ALREADY GRADED A+|NEWEST|GUARANTEED PASS |LATEST UPDATE An adult babysitter attempted to teach a child not to play with matches. She held a match to a child's hand until a welt was raised. She did not commit a crime. true/false False - corporal punishment or injury of child. (felony) An adult female talked a 13-year-old boy into kissing her and then placed his hand on her breast. Is this a crime, even if the boy consented? Yes - lewd or lascivious acts with a child. (felony) A 35-year-old woman began to rub the penis of her daughter's 15-year-old boyfriend through his pants. Because he is older than 14, no crime has occurred. true/false false - lewd or lascivious acts with a child. (felony) Suspect is 10 or more years older An adult female made sexually explicit remarks to a 17-year-old boy about his body. She committed the crime of annoying or molesting children. True or false? True - misd A teacher wrote nine sexually explicit love letters to a 13-year-old student saying she loved him and dreamed about him. 2 | P a g e What crime, if any, occurred? annoying or molesting children - Felony or misdemeanor classification will depend on prior convictions. An adult female was in possession of a videotape showing her 12-year-old daughter engaging in sexual intercourse. It is the Female's own daughter, so she can have it. True/False False - possession of child pornography. (felony) An adult male is discovered, during a routine traffic stop, to have photographs of a young child orally copulating a man. If the child is not naked, then this is not Possession of Child Pornography. True/false False - the child is engaging in or simulating sexual conduct (felony) A 25-year-old male had consensual sexual intercourse with his family's 16-year-old babysitter. What crime, if any, occurred? unlawful sexual intercourse.- Felony (>3yrs) Two 16-year-olds were dating. They willingly engaged in sexual intercourse. They have committed the crime of unlawful sexual intercourse. True/False True - misd A peace officer received a reliable report from a citizen that an infant was being left in an apartment unattended. The peace officer knocked on the apartment door and received no response, but he heard an infant crying. The peace officer could lawfully force entry without a warrant or consent to determine the welfare and safety of the child. True/False True - Exigency A peace officer walked past an apartment and heard a child screaming "Daddy stop hitting me." The officer heard sounds consistent with a person being assaulted. The officer believed the child was in immediate danger. The officer entered and contacted the male. Did the officer act appropriately? Yes - exigency A man knew the victim was intoxicated by drugs or alcohol and was unable to give consent. The man had penile/vaginal intercourse with the victim. What crime, if any, occurred? 5 | P a g e 3. Reasonable suspicion search 3. Warrantless search Probable Cause Search A family arrived at a campground in their motor home. The property manager offered the lot for free if the family would agree to pay for the utilities. The father agreed, even though he knew they would not have enough money to do so. After five weeks, the family drove off late one night without telling the manager and not paying the $360 bill. What crime did The father commit? And PC PC 537 Defraud an Innkeeper A woman knew that her boss owned several expensive coins and kept them at his home. While he was away on business, she decided to go to his apartment to steal his coin collection. She entered the apartment with the key he kept in his desk at the office. She went to the drawer where the coins were stored; however, they weren't there. She quickly left the apartment. She committed what crime? Burglary Officers with a warrant set off firecrackers to simulate gunfire, then asked the occupants inside the fortress-like house to come outside to check their vehicles for damage. Once the barricades to the home were down, the officers announced their identity and authority to conduct a search. This is called a what type of entry? Legal Entry Search Entry Consent Entry Ruse Entry Warrantless entry Ruse Entry During a search authorized by a search warrant, officers are limited by the information specified in the search warrant. This is known what type of search? 6 | P a g e Scope of the search Warrantless search Indoor search Execution search Scope of the search Two officers conducting a valid, warrantless administrative inspection of an automobile repair shop came across evidence of drugs in plain view and through plain smell. Do the officers have legal authority to seize the evidence? Yes because they were conducting other legal business in that location In deciding whether a warrantless search or seizure was legal, courts will always consider ___________________. However, peace officers must always have specific facts to demonstrate the search or seizure fell within one of the exceptions to the warrant requirement. All the facts Totality of the circumstances Reasonable suspicion Probable cause Totality of the circumstances An officer was in a hotel room questioning a female companion of a man who had been arrested for armed robbery earlier that day. In the course of the questioning, the woman grabbed her make-up bag from a nearby dresser. Because it was reasonable to suspect that the woman might be reaching for a weapon, the officer seized the bag. When the officer realized the bag was heavy and large enough to potentially contain a weapon, he opened the bag to search it. Is the officer able to search the bag even though he did not see an imprint of a weapon in a pat down/frisk search? Yes While on routine patrol one morning, two officers spotted a young man looking into parked cars in an alley where there had been earlier complaints of vehicle tampering. As the officers drove by slowly, the man tried to hide behind a dumpster. When the officers approached him, the man became nervous, boisterous, and antagonistic. Can the officers conduct lawfully frisk/pat search him for weapons or potential weapons? Yes A man picked up his girlfriend in a car he had stolen. He bragged to her how easy it was to steal the car. They took turns driving the car around until it ran out of gas and then they abandoned it. Who is guilty of vehicle theft? 7 | P a g e Both are charged with vehicle theft since they both drove the car with intent to temporarily deprive, even if the girlfriend did not take the car. At 3:30 a.m., a woman was seen at the rear door of a closed building in an area where a number of recent burglaries had taken place. The officers stopped their vehicle and asked her if she needed any help. She acted nervous and shifted her weight from foot to foot. In doing so, a set of lock picks fell from her pocket. She could not credibly answer why she had the picks. Can the officers arrest her? What PC if they can arrest? The officers could arrest her for PC 466 possession of burglary tools An employer asked his employee to have a copy of the master key made for the new vice president. The employee changed the number of keys on the request form and kept the extra key, planning to enter his employer's office after hours and steal office equipment. The employer noticed that an additional key was billed on the receipt and confronted the employee, who admitted the deceit. What can he be charged with? The employee committed the crime of possession of burglary tools by having a key made with intent to commit a theft A man stole $2000 in jewelry. He gave an engagement ring and a diamond necklace to his girlfriend and admitted that he had stolen them. When he was arrested, she hid the jewelry and claimed she never received them. The police obtained a search warrant and found the jewelry hidden in her apartment. WhT crime has she committed? She committed the crime of receiving stolen property because she concealed property known to be stolen. One night a woman entered her ex-boyfriend's home through an open window and waited for him to come home. When he arrived, the woman began professing her undying love for him. When she refused to leave, he called law enforcement. PC 602 10 | P a g e An officer was in a hotel room questioning a female companion of a man who had been arrested for armed robbery earlier that day. In the course of the questioning, the woman grabbed her make-up bag from a nearby dresser. Because it was reasonable to suspect that the woman might be reaching for a weapon, the officer seized the bag. When the officer realized the bag was heavy and large enough to potentially contain a weapon, he opened the bag to search it. Since the officer did not do a pat/down search on her, and he didn't see an imprint on the bag of a weapon, does the officer have legal justification to search inside the bag? YES- When the officer realized the bag was heavy and large enough to potentially contain a weapon, he opened the bag to search it.justification is she was with a person earlier that day who committed "armed robbery" During a traffic stop for speeding, an officer noticed the smell of beer inside the vehicle. Although the driver performed good in a series of sobriety tests. Does the officer have probable cause to search the passenger compartment for open containers of alcohol? 100% justifiable, he smells the beer from inside. While assigned to night foot patrol, a uniformed officer observed a man walking by a closed jewelry store. The man walked back and forth, looking at all corners of the window, as well as at the alarm box on the wall. The officer had been informed that there had been several "smash-and-grab" burglaries in the area. The officer approached the man and asked for identification. The man started to walk away without answering. The officer stepped in front of the man to prevent him from leaving the area. Is this is a legal detention? Is the officer able to search the suspect for burglary tools? This is a legal detention - NO Frisk/Patdown for weapons only. An officer observed a man and woman standing on a corner in an area known for high drug activity. The woman appeared nervous, slyly looking in all directions. The woman reached into her pocket and gave the man a baggie in return for something; he then walked away. Is the officer justified in detaining the man and woman on reasonable suspicion of drug-dealing? Yes A peace officer detained a robbery suspect based on a broadcast description of the person and the area of the robbery. The officer contacted the store clerk to identify the person. Was the detention legal even if the clerk says the person 11 | P a g e is not the one who robbed the store? Can they take the subject detained to the victim? If so what type of line up is this called? Yes, guy matched BOLO like the robber Do in field show up, or photographic photo spread A peace officer observed a person walking with a screwdriver in the area of a recent auto theft; the person matched a broadcast description which had been given. The dispatcher also indicated that the person was armed with a knife. The officer made contact with the person. The officer conducted a cursory search and retrieved an illegal firearm. Upon further questioning, the person was found not to be involved in the original incident. Can he be arrested for possession of an illegal firearms? Yes A hunter sawed down the barrel of a hunting "rifle" to a length of 15 inches. Even though the overall length of the rifle was still over 26 inches. Is this a prohibited weapon? Prohibited weapon because Rifle Barrel is under the 16 inches. A man reported that his former girlfriend had called and told him she was on her way with a knife and was going to "get even with him for dumping her." Officers were able to intercept the woman before she reached the man's apartment and found that the woman possessed a sharp kitchen knife. If there is a crime, what is the charge and PC? Is it illegal to have a kitchen knife? And why or why not? She has committed the crime of possession of a deadly weapon with intent to assault another person. A 12-year-old child went to an emergency room with severe welts on his back. The parents denied any responsibility even though the child said his father whipped him with an electrical cord. What should you do as an officer? W&I code? Take child into temporary custody - W&I 300 A man knew the victim was intoxicated by drugs or alcohol and was unable to give consent. The man had penile/vaginal intercourse with the victim; the crime of rape was committed against the victim. What is the PC? 12 | P a g e PC 261 A man wrestled a female to the ground in a dark carport with intent to rape her. The headlights of an approaching car frightened him off before he could complete the sex act. 1. Rape 2. Attempted Rape 3. Molesting 4. Assault with intent to commit Rape The man committed assault with intent to commit rape. (Penal Code Sections 220(a)) A man restrained a male victim and pulled his pants off while stating his intent to sodomize the victim. The victim, however, was stronger and fought the man off. The man committed assault with intent to commit sodomy. (Penal Code Sections 220(a)) 1. Sodomy 2. Attempted Rape 3. Molesting 4. Assault with intent to commit Sodomy. A man who penetrated a woman's vagina with the barrel of a gun against her will. What crime was committed? 1. Rape 2. Assault with really weapon 3. Penetration with a foreign object 4. Sodomy committed the crime of penetration with a foreign object. A man who penetrated a victim's anus with his fingers against the will of the victim. 1. Rape 2. Sexual Assault with a finger 3. Penetration with a foreign object 4. Sodomy committed the crime of penetration with a foreign object. (A foreign object is any instrument, substance, device, or part of the body, except a sexual organ.) A woman who placed her hand inside a man's pants and fondled his penis without his consent? Crime committed? 15 | P a g e What crime? 1. Defraud an innkeeper 2. Theft 3. dependent adult abuse 4. Petty Theft Dependent adult abuse - The caretaker has committed the crime of dependent adult abuse because he stole the money. The amount of money will determine whether the crime is a felony or misdemeanor. During a break in courtroom proceedings, two attorneys entered an empty elevator. Without warning, the defense attorney pushed the emergency button and began to harass the prosecuting attorney about a suspected ethics violation. When the prosecutor demanded to get off the elevator, the defense attorney refused to reactivate it. 1. Kidnapping 2. False imprisonment 3. Abduction 4. Captive This is false imprisonment - because the defense attorney confined the other attorney in the elevator. A woman was sitting in her car at a red light. The driver's side door was opened and a man pulled her from the car and drove off. The man has committed why crime? 1. Vehicle theft 2. Carjacking the crime of carjacking because he forced the driver out of the car and stole her vehicle An eighteen-year-old male was driving 30 miles per hour in a 25 zone. His speed prevented him from stopping when a young child ran into the street without looking. The child was killed. 1. Manslaughter 2. Voluntary Manslaughter 3. Involuntary Manslaughter 4. Vehicle Manslaughter The teen has committed vehicular manslaughter with negligence, because his speeding did not constitute a felony and was not excessive enough to show willful and wanton disregard for safety. Leaving the house a few minutes late, a woman began driving to work. She was driving approximately 75 mph in a school zone when suddenly the car in front stopped for a school bus. The woman could not stop and plowed into the car. The car was forced into the stopped bus. The driver of the car hit by the woman was taken to a hospital where he died later that night. 1. Manslaughter 2. Voluntary Manslaughter 16 | P a g e 3. Involuntary Manslaughter 4. Vehicle Manslaughter The woman has committed the crime vehicular manslaughter A man was in his suburban backyard with a high- powered rifle, practicing shooting into a cardboard target. He hit the target, but the bullet continued into a neighbor's house where it hit and killed the neighbor. 1. Manslaughter 2. Voluntary Manslaughter 3. Involuntary Manslaughter 4. Vehicle Manslaughter The man has committed the crime of involuntary manslaughter because he didn't take into account the safety of others (i.e., gross negligence) whose homes were only a short distance away. A husband came home unexpectedly in the middle of the day. He walked into his bedroom and found his wife in bed with his best friend. The husband got his gun out of the bedroom closet and killed the man. What crime? 1. Manslaughter 2. Voluntary Manslaughter 3. Involuntary Manslaughter 4. Vehicle Manslaughter The husband has committed the crime of voluntary manslaughter because he killed his friend in the heat of passion. A man drank a bottle of alcohol while sitting in a bar. At one point he got so intoxicated he fell on the floor and couldn't get up again. What crime ? PC ? PC 647F — The man has committed the crime of public intoxication because he was under the influence of alcohol in a public place and obstructed a public way. A husband placed both hands around his wife's throat and began to apply pressure during an argument. While applying pressure to the wife's throat, the wife began to experience vision changes and became light-headed. Officer arrived and saw minor scratches but saw hand prints on the neck. Which DV crime is this? PC 243 e 1 17 | P a g e Or PC 273.5 a PC 273.5 a —- This is willful infliction of corporal injury A man went to the home of his estranged wife to discuss a problem they were having over their property settlement. 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. What crime, if any, was committed? Intimidating Witnesses or Victims - Felony 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 "you'll be sorry for what you did." The letter also stated that the business they had formerly owned together would be "torched." What crime, if any, was committed? Threats of Retaliation - Felony 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. What crime, if any, should the officer charge him with? Violating a Court Order - Misd 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 what crime? Resisting a peace officer - misd and Attempting to escape, or escaping from the custody - Misd 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. 20 | P a g e 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. What crime occurred? falsely reporting a destructive device - Misd 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. True or False? True = Misd (boisterous or tumultuous manner) Deputy Jones used an empathetic tone of voice while interviewing a rape victim, but he also glanced at his watch frequently while she was talking. Because of the officer's negative nonverbal signals, the victim began to feel that the officer was thinking about other things and did not really care about what had happened to her. The victim felt even more demeaned and stopped talking. Did the officer act appropriately? no An officer verbally encouraged a witness to include any details she could remember regarding an armed robbery. As the woman spoke, one officer kept looking over to his partner and rolling his eyes when he thought the witness would not notice. The woman did notice. Is it likely she will complete her account abruptly and unintentionally leave out important details? Yes The defendant shot at an intended victim with intent to kill him, but instead hit and killed a bystander. Why would the defendant still be guilty of murder? The intent transfers from the intended victim to the bystander. During a dispute between motorists on the freeway, Smith rammed his car into Jones' car in an attempt to run Jones off the road. As a result, Jones' car struck Johnson's car, causing Johnson to lose control and hit a utility pole. Subsequently, Johnson died. What should Jones be charged with? 21 | P a g e Murder - Felony A woman told a drug dealer that she wanted to purchase heroin from him. Although she did not realize it, the dealer sold the woman talcum powder. What crime, if any, occurred? attempted to possess a controlled substance - Misd At Brian's request, Julia obtained a motel room for use by Brian and an underage girl, knowing that Brian planned to have sexual intercourse with the girl. Julia took Brian and the girl to the room and returned to waken them at a prearranged time. Who would be the principal(s) of this crime? Both Brian and Julia have committed unlawful sexual intercourse. Even though Julia did not commit the offense herself, she aided and abetted Brian in the commission of an illegal act. A man enters a bank and gives the teller a demand note. The teller pretends to faint and the man runs from the bank. Did the man commit robbery? No, the crime is not complete because he did not get the money. (he committed attempted Robbery) Brian and Ken planned to rob a bank. They decided that Brian would drive the getaway car, and Ken would run into the bank and steal the money. They successfully robbed the bank and drove off with the stolen money. Who would be the principal(s) of this crime? Both Brian and Ken are principals to the robbery, and they are equally culpable for the charge of robbery. A crowd of gang members attacked a member of a rival gang. The victim was knocked to the ground and kicked repeatedly in the head with heavy boots. The victim died from severe head trauma. Only the gang member that killed the rival gang member is guilty of murder. True or False False - Each of the participants in the assault is a principal to murder. It makes no difference which gang member struck the killing blow since each of them is liable for the natural and foreseeable consequences of the brutal attack. Julia accidentally picked up someone else's coat when she quickly left a meeting. Julia is able to show that she intended to leave with her own very similar coat. Julia returned the coat. What crime, if any, occurred? none - Julia has not committed a crime; she has made a mistake. 22 | P a g e An adult male held to answer for unlawful sexual intercourse with a minor female presented evidence that he had a good faith, reasonable belief based on the girl's appearance, actions, and representations that she was 18 years old and a voluntary participant in the act. Is the male still guilty? No - there is no criminal intent because the defendant reasonably believed that the female had reached the age of consent A sober person driving a vehicle in good mechanical condition was traveling within the posted speed limit on a dry, clear day. Without warning, a pedestrian darted out from behind a parked car in the middle of the block and into the path of the vehicle. The car struck and injured the pedestrian. what crime, if any, did the driver commit? None - The injury was unintentional with no evil design (intent) on the part of the driver A woman, defending herself against an unprovoked attack, punched her assailant in the head. The blow caused the assailant to fall onto a sharp object, resulting in the assailant's death. The woman committed murder. True or False? False - The woman did not have criminal intent, therefore, did not commit a crime. Upon approaching a convenience store late at night, Frank was stopped in the parking lot by a man with a gun. The man gave Frank an unloaded pistol and ordered him to rob the convenience store. The man tells Frank that he would be watching him through the window and would "cap him" if he didn't rob the store. Frank robbed the store and gave the gunman the proceeds. Frank is not guilty of armed robbery. True or False? True - Frank has acted under threat or menace and lacks the criminal intent necessary for him to be guilty of a crime. While Keith and Don were committing a burglary, Keith forced Don to kill the store clerk. Don is not guilty of Murder. True or False? False - Don is not eligible to claim threat or menace because the act of participating in the burglary itself included the possibility of being forced to commit a greater crime. An officer arrests a suspect for burglary. After the officer read the arrestee his Miranda rights, the arrestee waives his rights and agrees to answer questions. During questioning the arrestee confesses to the crime. If challenged in court the confession will not be suppressed because the officer obtained a knowing, voluntary waiver of the arrestee's 5th Amendment Right against self-incrimination before obtaining the confession. True or False? 25 | P a g e yes - hot pursuit, an exigent circumstance which excuses knock and notice. Peace officers responded to a domestic violence call and found a woman on the floor covered with bruises and cuts. She told the officers her husband was drunk and had threatened to shoot her son. The officers drove to the son's apartment where the husband's car was found parked outside. They heard shouting and a physical altercation from within the apartment. This is an example of? Exigent Circumstances A man saw a woman breaking into a car in a shopping mall parking lot. He confronted the woman and told her he wanted her to accompany him to the mall security station. The woman tried to run off; the man grabbed her, confiscated her belongings, and took her to the security office where she was handcuffed, and the police were called. Can he do this? yes - this is a valid citizens arrest While being arrested for bank robbery, the individual tried to flee. The officer lightly touched him, causing the individual to lose his balance and fall; the individual broke his wrist during the fall. Did the officer use reasonable force? Yes - The amount of force applied by the officer was still considered within reason. It is the officer's conduct, not the injury itself, that must be considered. An officer saw a young man painting graffiti on the side of a building. The man saw the officer and ran. The officer pursued the man, but lost him after a few blocks. Two days later, the officer saw the man again and arrested him. Did the officer act appropriately? No - The officer may not arrest him but can detain him for warrant information. (stale misdemeanor) if a juvenile, the officer can arrest A man got into an argument with his neighbor, and the neighbor shoved him. The following day, the man thought about the incident and decided to arrest his neighbor. Can the neighbor be arrested? No - At this point, the man can file a complaint against his neighbor, but he cannot arrest him. A man sold a stolen car to his friend. Later, an officer arrested the man. After some remarks about what the man could expect in jail, the officer said to him, "That was sure a cold thing you did to your friend, selling him that hot car." 26 | P a g e Is this an interrogation? yes - the officer's remark, though not strictly a question, was likely to elicit an incriminating response. After a person asked for a lawyer, he said "I just want to say, off the record, I didn't mean to kill that dude." Is this statement admissible in court? Yes - Volunteered statement While talking to a murder suspect, after giving the Miranda warning, two sheriff's deputies told the suspect they wanted to help prevent him "from getting the death penalty." They also told him about a "hypothetical" case where the individual who had cooperated with the police got charged with manslaughter instead of murder. The suspect waived his rights and made a tape-recorded confession. was the confession valid? no - The waiver was invalid since it resulted from improper coercion, threats, and promises of leniency. an armed person, who had been apprehended inside a busy supermarket and had apparently discarded his gun somewhere in the store, was asked where the gun was located. Does he need to be mirandized first? no - emergency (threat to further life) A live-in housekeeper gives consent for peace officers to enter and search for illegal weapons in the residence where she works. Can the housekeeper later challenge the legality of the search? yes - The homeowner has given the housekeeper authority over the residence; therefore, the housekeeper has standing to challenge the legality of the consent search later in court. A male defendant contests the search of his tool box that he had locked and placed in a friend's garage. does he have standing? yes - By locking the tool box, the owner demonstrated an expected level of privacy over its contents. Only the owner of the tool box, not the friend who owned the garage, would have standing to challenge the legality of the search of the tool box. An officer found out that a man bought 400 pounds of iodine chips under an assumed name and took it to a remote location. Even though the man's behavior was legal, the officer's training and experience investigating clandestine drug labs led the officer to reason that there was a fair probability that evidence of illegal methamphetamine manufacturing would be discovered at that location. 27 | P a g e the officer doesn't have enough probable cause to get a search warrant. True or False False Undercover officers arranged to purchase a kilo of cocaine. The seller, after showing a sample and seeing the money, drove to his supplier's residence a few miles away, obtained the cocaine, returned to the officers, made the sale, and was arrested. Other officers, who followed the seller and kept the supplier's residence under surveillance, entered and secured the residence pending procurement of a search warrant. Did the officers act appropriately? Yes - exigency to preserve evidence A male suspect was working with a female suspect selling drugs from the woman's residence. A few blocks from the woman's house, in public and in front of onlookers, police stopped the male suspect and arrested him with drugs he had admittedly obtained from his female partner. The officers had reason to believe that the female partner might learn of the arrest or become suspicious when the male suspect did not return as scheduled. Are the circumstances sufficient for exigency? yes - The circumstances were sufficient to justify entering and securing the residence while waiting for a search warrant. Officers went to a motel room with a warrant to search the building for illegal drugs. After complying with initial knock and notice requirements and while waiting for a response from the occupants, officers heard muffled voices and the sound of a toilet flushing twice. What kind of exigency do they have? Destruction of evidence Officers were sent to an apartment with a warrant to search for illegal weapons. The resident of the apartment had been arrested in the past by the same officers for armed robbery. The officers had specific reasons to believe the suspect was currently armed and would flee if given the opportunity. For reasons of officer safety and to prevent escape, the officers announced their presence but entered without waiting for a response. Did the officers act appropriately, why? yes - harm to officers if the suspect had time to arm themself. A search warrant authorized the search of a residence for heroin and indications of ownership and identification. Where can peace officers search? 30 | P a g e During a traffic stop for speeding, an officer noticed the smell of beer inside the vehicle. Because the driver adequately performed a series of sobriety tests, the officer cannot search the vehicle for open containers. True or False? False Two officers, who had exigent circumstances and probable cause, entered an auto service establishment without a warrant. They found the two suspects for whom they were searching inside and arrested them. The officers then conducted a warrantless search of the desk the suspects had been sitting behind and found cocaine and a handgun. Did the officers act appropriately? yes - The search was upheld since it was in an area in the suspect's immediate control. Peace officers arrested a man next to his car at the scene of a petty theft. They conducted a search of the man's vehicle as he stood nearby. Did the officers act appropriately? Why? The search was considered contemporaneous and legal because the man had access to the car at the time of the search. The driver of a vehicle was taken into custody for driving while under the influence of alcohol. While conducting a search of the vehicle, the officers opened and searched the belongings of a hitchhiker whom the driver had picked up prior to the vehicle stop. Did the officers act appropriately? Why? yes - Even though the items did not belong to the arrestee, the search was legal because the items were in the passenger compartment of the vehicle. An officer impounded a vehicle because the driver, also the sole occupant, had no valid driver's license. While waiting for the tow truck, the officer should do what? conducted a vehicle inventory the officer can lawfully seize any narcotics found as evidence When a warrant is sought to obtain a blood sample, the "probable cause plus" requirement is necessary. True or False? False - it is seen as minimal intrusion and is so routine in our society Officers, with probable cause to believe a suspect committed a murder, took scrapings for analysis from under the suspect's fingernails. Did this seizure require a warrant? 31 | P a g e no - seizure was considered reasonable, both because the intrusion was minor and because the evidence was easily destructible. Blood to test for drugs or alcohol was taken from a sniper who was acting "crazy" when police caught him in the act. Was the warrantless seizure legal? yes - No warrant was required since the evidence was evanescent and was relevant to the suspect's mental state at the time of the offense. After a suspect placed narcotics in his mouth in an attempt to swallow them, an officer applied a choke hold to the suspect's neck to prevent swallowing. Did the officer act appropriately? no - Choke holds are never allowed! The officer's actions could be considered reasonable if the officer noted that, during the application of a neck hold, the suspect was able to breathe and speak, because the suspect continued to shout profanities at the officer. A witness observed a robber for 15 minutes from a close distance during the crime. The initial description offered by the witness matched the description of a suspect. The officers took the witness, within 20 minutes, to the suspect's motel, and the witness confirmed the identity of the suspect. What just took place? A field showup. A neighbor called the police to report that there seemed to be suspicious activity in the house next door; the owner is known to be away on vacation. A burglar, surprised by a peace officer entering the room, shot at the officer and missed. After missing the officer, the burglar threw his weapon down and surrendered to the officer. Can the officers still use deadly force? no - The officer was no longer in imminent danger of being seriously injured or killed and no longer had the authority to use deadly force. The burglar should be apprehended through other means. A peace officer got out of the patrol car to question a man loitering on a street corner. The subject, using only his fists, attacked the officer. The attack was of such force and violence to cause the officer to reasonably believe there was danger of being seriously injured. Provided that all other reasonable means of self defense had been exhausted or would have been ineffective, the officer would have had the authority to use deadly force in self-defense. True or False? 32 | P a g e True Two officers were dispatched to a convenience store where a silent alarm was tripped. An armed male subject saw the official patrol vehicle and fled. The officers saw that the store clerk had been shot but was still alive and gesturing toward the fleeing subject. The officers realized that the subject was trying to escape and they had seen that he had a gun. Can the officers use deadly force to prevent escape? yes - the subject used a firearm to commit the crime and threatened other lives if he escaped An officer in a patrol vehicle witnessed a drug transaction taking place on a sidewalk near a group of juveniles. Seeing the officer leave the vehicle and move toward him, the suspected dealer fled down the street. The dealer entered a large building to escape. The officer drew his firearm, shot and killed the fleeing subject. The officer was justified based on the fleeing felon rule. True or False? False - Even though the offense witnessed by the officer was a felony, the crime did not involve the use or threatened use of force likely to produce death or serious bodily injury. During a riot, an officer witnessed two men shoplifting from a store in the area. When the men fled the scene, the officer drew his firearm and ordered the men to stop. They ignored the officer's commands. The officer fired at the fleeing subjects and fatally shot one. Did the officer act appropriately? no - Since the offense witnessed by the officer was a misdemeanor and non-violent Two men argued over the final results of the football game. The first man didn't think his friend knew what he was talking about and spit at him; the spittle landed on his friend's shirt. What crime, if any, occurred? The first man has committed the crime of battery because he made contact even though he caused no harm. - Misd. A woman walked into the local bar and saw her boyfriend with another woman. She went to the table and hit him on the head. He fell off his barstool, struck his head on the floor and was knocked unconscious. What crime, if any, occurred? battery causing/inflicting serious bodily injury. - Felony Two men were arguing during a baseball game. One man picked up a baseball bat and swung at the other man. The second man ducked to avoid being hit on the head. The first man only committed assault because he did not actually hit the second man. True/False 35 | P a g e The man used _______, making this robbery. Force A night watchman was sitting at his desk, when a group of masked men entered the room and tied him to his chair. They then went down the hall and stole several pieces of computer equipment that were under his protection. Did the men commit robbery or Burglary? Robbery - felony Even though the property was not taken directly from the watchman's person, it was taken in the watchman's immediate presence. A woman was sitting in her car at a red light. The driver's side door was opened and a man pulled her from the car and drove off. What crime was committed? Carjacking - felony A woman put the groceries in the back of the car. As she attempted to get into the driver's seat, a man pushed her aside, jumped into the driver's seat, and drove off. He committed auto theft because she was not in the car yet. True/False False - Carjacking because it was in her immediate presence A woman discovered that her husband was having an affair with her best friend. She purchased a handgun and returned after a two-week waiting period to pick up the gun. She then drove to her friend's house and waited for her to come home from work. When the friend got out of her car, the woman shot her several times and killed her. The woman has committed the crime of murder (f). Is it likely it will be charged as first degree murder? yes - Premeditated and lying in wait A teenage boy, armed with a gun, was meeting a man in the park to buy some crack. When he arrived, the seller said he didn't have the crack, but he would have it the next day. The boy was so outraged he shot the man, killing him. This is an example of a crime of passion, therefore manslaughter. True/False False - murder - Felony A husband came home unexpectedly in the middle of the day. He walked into his bedroom and found his wife in bed with his best friend. The husband got his gun out of the bedroom closet and killed the man. 36 | P a g e What crime has the husband committed? voluntary manslaughter (heat of passion) Felony A man was in his suburban backyard with a high-powered rifle, practicing shooting into a cardboard target. He hit the target, but the bullet continued into a neighbor's house where it hit and killed the neighbor. The man committed voluntary manslaughter, True/false False = involuntary manslaughter because he didn't take into account the safety of others (i.e., gross negligence) Leaving the house a few minutes late, a woman began driving to work. She was driving approximately 75 mph in a school zone when suddenly the car in front stopped for a school bus. The woman could not stop and plowed into the car. The car was forced into the stopped bus. The driver of the car hit by the woman was taken to a hospital where he died later that night. what crime did she commit? gross vehicular manslaughter - felony An eighteen-year-old male was driving 30 miles per hour in a 25 zone. His speed prevented him from stopping when a young child ran into the street without looking. The child was killed. Did he commit a crime? misdemeanor or felony? why? committed vehicular manslaughter, misdemeanor he had ordinary negligence, because his speeding did not constitute a felony and was not excessive enough to show willful and wanton disregard for safety While a woman was waiting for the bus, her wallet containing $45 was stolen from her pocket without her knowledge. A man nearby saw the crime and stopped the thief. Is this an example of grand theft, petty theft, or robbery? misdemeanor grand theft because the property was taken from someone's person and it's value did not exceed $950. A man picked up his girlfriend in a car he had stolen. He bragged to her how easy it was to steal the car. They took turns driving the car around until it ran out of gas and then they abandoned it. only the man can be charged with vehicle theft. true/false 37 | P a g e false Both are guilty of vehicle theft since they both drove the car with intent to temporarily deprive, even if the girlfriend did not take the car. A man took a motor home that was idling in a rest area. He took it to his friend's "chop shop" where they dismantled the vehicle for its parts. What kind of theft did the man commit? grand theft (felony) as he took the vehicle and his intent was permanent deprivation. A man spent the night at a hotel. He knew that he had only enough money to buy gas to get home, so he left without paying. What kind of theft did the man commit? Defrauding Innkeeper A family arrived at a campground in their motor home. The property manager offered the lot for free if the family would agree to pay for the utilities. The father agreed, even though he knew they would not have enough money to do so. After five weeks, the family drove off late one night without telling the manager and not paying the $360 bill. Would he be arrested for felony or misdemeanor crime? Defrauding Innkeeper - Misdemeanor (not >$950) A house's regular occupant had been in a convalescent home for more than one year. She fully intended to return and the house was being regularly maintained in the meantime. is the house considered inhabited? Yes Inhabited means currently used for dwelling purposes, but not necessarily actually occupied, at the moment of the crime A woman knew that her boss owned several expensive coins and kept them at his home. While he was away on business, she decided to go to his apartment to steal his coin collection. She entered the apartment with the key he kept in his desk at the office. She went to the drawer where the coins were stored; however, they weren't there. She quickly left the apartment. What crime, if any, did the woman commit? burglary (felony) as she entered his house with the intent to commit a theft 40 | P a g e Peace officers received a tip that a Neo-Nazi group member was going to set fire to a local synagogue. When the officers arrived at the man's apartment, he gave them permission to enter. They noticed a pile of oily rags on the dining room table along with pamphlets on the inferiority of Jews. When they asked him about the rags, he admitted that he was going to use them to "burn that place down." what will he be arrested for? possession of flammable materials (felony) with intent to burn. One night a woman entered her ex-boyfriend's home through an open window and waited for him to come home. When he arrived, the woman began professing her undying love for him. When she refused to leave, he called law enforcement. Has she committed a crime? unauthorized entry of property (misdemeanor) as she did not have consent to enter his home. A transient was looking for a place to sleep. He saw a bed in an open garage. He walked up the driveway, entered the garage through the open doorway, and fell asleep on the bed. what form of trespassing did he commit? unauthorized entry of property (misd) because he did not have permission of the homeowner to enter the garage. A homeless man found a vacant apartment with a broken out window. He climbed through the window and lived there for three months until the owner found him. What form of trespassing did he commit? entering and occupying real property - misd he occupied the real property without the consent of the owner Three teenagers followed one of their teachers home. That night, the teens climbed over the teacher's fence, intending to spray paint the teacher's house. The teacher ordered them to leave, when they didn't the husband called law enforcement. What form of trespassing did he commit? entering land because they entered the land with intent to injure property and did not leave when requested. Members of a nature activist group protested the cutting down of trees that housed a rare species of bird. They chained themselves to the trees in an effort to prevent the logging after being told to leave by the loggers. The loggers called law enforcement and had the protesters arrested. what can officers arrest them for? 41 | P a g e trespass (entering land) - misd because they entered private land with the intent to interfere with the business. A man had an argument with his neighbor. The man threw turpentine on the hood of his neighbor's car and causing $900 in damage to the paint. did he commit a felony? vandalism - felony (>=$400 in damage) maliciously damaging the car. Gang members, wandering the neighborhood, spray painted their gang mark on sidewalks and walls of buildings causing $300.00 in damage. what would officers need to arrest them for felony vandalism? they would need to find out if any of them had two prior convictions for vandalism and had served jail time for at least one vandalism conviction. A repossessor began backing an automobile out of a shopping center parking lot when the buyer came out and objected to the repossession. Can the buyer object? no = The repossession was complete because the repossessor had complete control of the vehicle before the buyer started objecting. When does repossessor have control in public and private areas? public: Control completed when goods are taken or when a vehicle is entered Private: Control is complete when goods are removed, or when a vehicle is entered or connected to a tow truck A tenant came home and realized that someone had entered her apartment. She called law enforcement. Upon questioning the landlord, the peace officer determined that the landlord was investigating a water leak and had come to the apartment, knocked and let himself in with the master key when no one answered. He found that a pipe had burst in the kitchen and caused a water leak. Did he commit trespassing? no = the landlord had legally entered the apartment (for an emergency) as part of his employment. A man sat on a park bench. When women walk past him, he openly rubbed his genitals for them to see while saying "hey check this out." 42 | P a g e what crime, if any, did the man commit? lewd conduct - misd because he rubbed his genitals in an attempt to arouse while in a public place. A woman sat at a bar during happy hour. To get attention from some of the men, she opened her blouse to expose her bare breasts and invited everyone to touch them. The woman has not committed a crime because everyone liked it. true/false false = lewd conduct - misd because she was attempting to engage in sexual arousal in a public place A man climbed into a tree and looked around using his binoculars. He looked toward a nearby building and noticed that a window opened into a bathroom. He focused on the window and saw a woman taking a shower. He has committed the crime of invasion of privacy because he continued to look into an open window even when he realized it was a private bathroom. true/false true - misd - reasonable expectation of privacy A man walked by a group of women. One woman called out to him and offered to take him to a room and perform multiple sex acts for $100. This will only be a crime if they perform the acts and exchange money for them. true/false false - this is already prostitution because she offered sex in return for payment. - misd A man stood inside the men's room at the local amusement park. He eyed each man as he came into the bathroom. The man would walk up to each man and stare at the man's genitals as he urinated saying, "Can I help you with that?" What crime, if any, has the man committed? loitering about a public toilet to engage in a lewd act by watching men go to the bathroom - misd A man drank a bottle of alcohol while sitting in a bar. At one point he got so intoxicated he fell on the floor and couldn't get up again. because he was in a bar, he has not committed a crime. true/false false - public intoxication (misd) because he was under the influence of alcohol in a public place and obstructed a public way.