RBC 2 Exam Study Guide With 100% Complete Solution, Exams of Advanced Education

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RBC 2 Exam Study Guide With 100%

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Constitutional Law - Correct Answer-The rules and provisions which are found in federal and state constitutions, specifically the Bill of Rights. Statutory Law - Correct Answer-The laws which are enacted by a legislative body and recorded in the various state, county, or municipal codes. Case Law - Correct Answer-Laws which are based on previous appellate court decisions that have become binding on lower court decisions. Differentiate between the letter of the law and the spirit of the law - Correct Answer-"Letter of the law means that the law is strictly applied in accordance with the literal meaning of the statute, leaving no room for interpretation. Spirit of the law means that the law is applied in accordance with the intent of the legislature and not in literal compliance with the words of the statute." Differentiate between criminal and civil law - Correct Answer-"Criminal Law

• Definition: Violation of a criminal statute
• Violation Terminology: Crime
• Prosecutor: The State
• Purpose Punishment Civil Law
• Definition: Noncriminal violations of the law
• Violation terminology: Tort Breach of Contract
• Prosecutor: The plaintiff
• Purpose: Redress" Recall the statutory definition of a crime - Correct Answer-Penal code 15 - an act committed or omitted in violation of a law forbidding or commanding it, and to which is annexed, upon conviction, a penalty that provides the following punishments for the crime: death, imprisonment, fine, removal from officer, disqualification to hold and enjoy any officer of honor, trust or profit in the State of California. Identify the basic elements common to all crimes - Correct Answer-Penal code 20 - in every crime or public offense, there must exist a union, or joint operation of act and intent, or criminal negligence

Identify the basic elements required of an attempt to commit a crime - Correct Answer- An attempt to commit a crime consists of intent to commit that crime and a direct, but ineffectual, act done toward its commission General intent - Correct Answer-Intent is presumed and does not have to be proven. Definition of a crime consists only of the description of a particular act, without reference to intent Specific intent - Correct Answer-An element of a crime that must be proven and cannot be presumed; the requirement of the specific intent element varies according to the definition of the crime Transferred intent - Correct Answer-When an unlawful act affects a person other than, or in addition to, the person it was intended to affect Criminal Intent - Correct Answer-A mental state or frame of mind that the person knowingly did the particular criminal act (break the law). Criminal Negligence - Correct Answer-A negligent act that is aggravated or reckless, and constitutes indifference to the consequences Felony - Correct Answer-A crime punishable by a fine and/or imprisonment in state prison, death or removal from officer Misdemeanor - Correct Answer-A crime punishable by a fine and/or imprisonment in a county jail Wobbler - Correct Answer-A crime that can be either a felony or a misdemeanor. Principals to a crime - Correct Answer-"A principal to a crime is anyone who:

• directly committed the offense
• aided and abetted
• advised and encouraged
• counseled, advised, or encouraged children under the age of 14 years, or mentally incapacitated persons
• by fraud, contrivance, or force, occasioned the drunkenness of another
• by threats, menaces, command, or coercion compelled another" Accessories to a crime - Correct Answer-"An accessory is anyone who, after a felony has been committed, meets all the following requirements: (Penal Code Section 32)
• has knowledge that the principal has committed, has been charged with, or has been convicted of committing a felony
• harbors, conceals, or aids a principal in the felony
• has the intention of assisting the principal to avoid or escape arrest, trial, conviction, or punishment

The crime of accessory is punishable by imprisonment in the state prison or in a county jail and/or fine. (Penal Code Section 33)" Accomplices to a crime - Correct Answer-"A principal to a crime becomes an accomplice when he or she testifies for the prosecution against another principal. Accomplice testimony must be ""corroborated by such other evidence as shall tend to connect the defendant with the commission of the offense; and the corroboration is not sufficient if it merely shows the commission of the offense or the circumstances thereof."" (Penal Code Section 1111)" Identify people legally incapable of committing a crime - Correct Answer-"Penal Code Section 26 identifies those individuals who are presumed not capable of forming the designated state of mind and committing a crime. They include:

• children under 14
• persons who are mentally incapacitated
• persons who committed the act or omission:
  • under ignorance or mistake of fact,
  • without being conscious of the act,
  • through misfortune or accident, or
  • under threat or menace" Peace officer's responsibility in regards to the fourth amendment - Correct Answer-The first part of the fourth amendment deals with the right of people to be free from unreasonable searches and seizures. The second part defines procedures officers must follow when obtaining a warrant. Peace offiers have a responsibility to protect the fourth amendments rights of all citizens as it applies to unreasonable searches and seizures. Peace officer's responsibility in regards to the fifth amendment - Correct Answer-Peace officers need to understand the relationship between a person's right against self incrimination and the Miranda decision. Peace officers have a responsibility to protect the fifth amendment rights of citizens as they pertain to double jeopardy, being a witness against ones self or depriving a person of life, liberty or property without due process. Peace officer's responsibility in regards to the sixth amendment - Correct Answer-The sixth amendment entitles a person to counsel once adversarial judicial proceedings have commenced. Adversarial judicial proceedings are considered to have commenced when the person is either indicted by a grand jury or makes his or her first court appearance. Peace officers have a responsibility to protect the sixth amendment rights of people. The sixth amendment gives the right to a speedy trial, an opportunity to confront witnesses and the right to counsel during court proceedings. Peace officer's responsibility in regards to the fourteenth amendment - Correct Answer- The fourteenth amendment requires peace officers to apply the law equally to all people regardless of race, creed, nationality, religious preference or national origin. Peace officers have a responsibility to protect the fourteenth amendment rights of all people in

the United States. The fourteenth amendment requires peace officers to apply the law equally to all people. recognize a peace officer's responsibility in relation to the protections included under federal civil rights - Correct Answer-Peace officers have a responsibility and legal obligation to protect the Civil Rights of all people as those rights pertain to the Federal Civil Rights Statutes. recognize a peace officer's responsibility in relation to the protections included under federal civil statutes - Correct Answer-"U.S. Code, Title 42, Section 1983, states that individuals acting under color of law who deprive someone of any legal right can be held civilly liable. U.S. Code, Title 18, Section 241, makes it a federal crime for two or more persons to conspire to injure, oppress, threaten, or intimidate someone for doing something they have a legal right to do. U.S. Code, Title 18, Section 242, makes it a federal crime to deprive a person, under color of law, of any legal right, or to punish a person differently, based on that person's color, race, or citizenship status. Penal Code Section 422.6(a) is broader than U.S. Code, Title 18, Section 242. It adds categories of religion, ancestry, national origin, disability, gender, and sexual orientation to those protected from discrimination." recognize appropriate conduct during a consensual encounter - Correct Answer-"Peace officers must be vigilant when contacting the public to ensure their actions do not elevate a consensual encounter into a detntion. Appropriate actions peace officers can take during a consensual encounter are:

• requesting information i.e. identification
• interviewing witnesses at the scene of a crime or accident
• conversing casually
• disseminating information" recognize conduct that may elevate a consensual encounter - Correct Answer-"- Using emergency lights
• Selecting a position or placing the patrol vehicle so as to prevent the person or car from leaving
• Issuing orders or commands
• Using accusatory questioning or tone of voice
• Conducting cursory/pat searches without legal justification
• Demanding and/or keeping a person's identification" recognize the consequences of elevating a consensual encounter - Correct Answer-"Elevating a consensual encounter by improper behavior can have negative legal and professional repercussions. The peace officer could:

• violate the fourth amendment right against unreasonable searches and seizures, resulting in the supression of evidence
• be civilly prosecuted for a violation of civil rights
• be criminally prosecuted for false imprisonment
• face agency disciplinary action" differentiate between a detention and a consensual encounter - Correct Answer-In a consensual encounter a person is free to leave. In a detention a person is not free to leave. Officers can have a consensual encounter with anyone at any time. Officers can only detain a person if they have reasonable suspicion that a crime is, has or will be committed. recognize reasonable suspicion - Correct Answer-"Reasonable suspicion is when a peace officer has enough facts and circumstances present to make it reasonable to suspect that criminal activity is occurring and the person detained is connected to that activity. Factors that contribute to establishing reasonable suspicion are:
• appearance or condition of a person (intoxicated, resemblance to wanted person)
• actions (hiding objects, furtive movements, running from a crime scene)
• driving behaviors
• knowledge of the person's history (criminal record or conduct)
• demeanor (non-responsive, nervous)
• time of day (unuasualness)
• location of the stop (near crime scene, known criminal activity in area)
• officer training and experience (modus operandi, expertise in certain area such as narcotics or gangs)" recognize appropriate peace officer actions during a detention - Correct Answer-"Peace officers can take certain investigative actions during a detention if they can be completed within a reasonably limited time.
• questioning the person. The person is not obligated to answer, and not answering is not PC for an arrest
• contacting other witnesses to confirm explanations, verifying IDs or determining whether the person is wanted
• checking premises, examining objects or contacting neighbors or other individuals to determine whether a crime actually occurred
• bringing the victim to the suspect for ID purposes if
  • the detainee gives permission
  • it is impractical to bring the witness/victim to the detainee
  • the conditions of the detention are dangerous to the person or officer
  • independent PC exists to arrest the subject" recognize the scope and conditions for warrantless searches and seizures during a detention - Correct Answer-"No searches are permitted during a detention unless peace officers reasonably suspect that the detained person may be carrying a concealed weapon or dangerous instrument. In this case, a cursory/pat search is allowed if the

officer can articulate certain facts which caused them to reasonably believe the person might be carrying a weapon or dangerous instrument:

• person's clothing
• person's actions
• prior knowledge of person for carrying weapons or of violent behavior
• isolated location so officers are unlikely to receive immediate aid if attacked
• time of day
• reason for detention
• a similar cursory/pat search of a detainee's companion revealed a weapon
• ratio of individuals to officers" recognize when there is probable cause to arrest - Correct Answer-Probable cause for an arrest is a set of facts that would cause a person of ordinary care and prudnce to entertain an honest and strong belief that the person to be arrested is guilty of a crime. Probable cause is required before and arrest is made and is based on the totality of the circumstances. identify elements of a lawful arrest - Correct Answer-"- an arrest may be made by a peace officer or private person
• the arrested person must be taken into custody, in a case and in the manner authorized by law
• an arrest may be made by actual restraint of the person, or by the person's submission to the officer's authority
• reasonable force may be used to make an arrest, prevent escape or overcome resistance " differentiate between arrest and a detention - Correct Answer-"An arrest is the taking of a person into custody, in a case and in the manner authorized by law. Custody is the key word; it implies the person making the arrest has full control. A detention or stop is an assertion of authority that would cause a reasonable person to believe they are not free to leave. A detention is limited in scope, intensity and duration." recognize information that must be given to an arrested person - Correct Answer-Any person making an arrest must state their intent (you are under arrest), cause (why they are under arrest) and authority (I am the police) recognize elements of a warrantless arrest for a misdemeanor - Correct Answer-"Officer's may make a warrantless arrest for a misdemeanor when not committed in their pressence when:
• committed by a juvenile
• DUI
• carrying a loaded firearm in a public place
• violating a domestic protective or restraining order
• assault or battery on a spouse, cohibitant or parent of child
• assault or battery on school property

• assault or battery against working firefighter, EMT or mobile intensive care paramedic
• carrying a concealed firearm in an airport" recognize elements of a warrantless arrest for a felony - Correct Answer-"Peace officers may make a warrantless felony arrest whenever they have PC to believe the person to be arrested has:
• committed a felony in the officer's presence
• committed a felony, although not in the officer's presence
• committed a felony, regardless of whether or not the felony wasm in fact, committed" recognize elements of a warrant arrest - Correct Answer-In order to obtain an arrest warrant the officer must establish probable cause. This is usually done through a sworn statement (affidavit) filed as part of the formal complaint process recognize the requirements for entry into a dwelling to make an arrest - Correct Answer-"Lawful access to private property is most commonly obtained when the officer:
• is given consent
• has exigent circumstances
• has lawfully entered the area for some other purpose (i.e. parole search)
• knock and notice is required with or without a warrant" recognize the authority for a private person arrest and the peace officer's duty in response to a private person arrest - Correct Answer-"A private person may arrest an individual for any public offense committed in their presence. In addition, a private person may arrest an individual if a felony actually has been committed and the arresting person has probable cause to believe the individual committed the felony. Peace officers may either release, issue a citation or take the person before a magistrate/jail. " recognize conditions under which the use of force or physical restraint is appropriate during an arrest - Correct Answer-Peace officers may use reasonable and necessary force to make an arrest, prevent escape or overcome resistance. recognize the statutory requirements for the disposition of an arrested person - Correct Answer-"- if the arrest is made pursuant to a warrant the arresting officer must proceed with the arestee as commanded in the warrant. For misdemeanors only, this may include cite and release.
• a person arrested for an infraction is normally cited and released, although the arrestee must sign a written promise to appear
• PC 853.6 requires, with some exceptions, a person arrested without a warrant for misdemeanor offenses be cited and released in lieu of custody.
• domestic violence must take person into custody
• if arrested without a warrant for felony or misdemeanor must take before magistrate or to jail immediately except when
  • insufficient grounds for criminal complaint

• person was arrested for intoxication only and no further proceedings are desirable
• person is arrested for being under influence of drug and was delivered to a treatment facility or hospital and no further proceedings are desirable

• individuals arrested without a warrant must be given a judicial determination of PC within 48 hours
• adults must have 3 phone calls within 3 hours
• children must have 2 phone calls within 1 hour and be advised of their rights
• an attorney or physician can visit after the person has been arrested" recognize the exception(s) to the powers to arrest - Correct Answer-"A person arrested for a misdemeanor can be taken to jail instead of cite and release for the following reasons:
• intoxication level unsafe
• medical aexamination needed
• VC 40302 and 40303
• outstanding warrants
• can't provide identification
• prosecution of offenses(s) would be jeopardized
• offense(s) would continue
• person demanded to be taken before magistrate
• reason to believe person would not appear in court
• person subject to 1270.1" identify the purpose of the Miranda warning(s) - Correct Answer-The purpose of miranda is so that no person shall be compelled in any criminal case to be a wtiness against himself recognize when Miranda warnings must be given - Correct Answer-Miranda warning must be given when the suspect is in custody/arrested and interrogation identify the proper administration of Miranda warnings - Correct Answer-"You have the right to remain silent Anything you say may be used against you in court You have the right to an attorney before and during questioning If you cannot afford an attorney, one will be appointed for you free of charge, before questioning, if you wish" "recognize the impact of invoking:
• the right to remain silent
• the right to counsel" - Correct Answer-"Once a person invokes the right to silence, miranda requires that all interrogation must cease. However, there are circumstances where reinitiation by the peace officer may produce an admissible statement. These circumstances include:
• a period of time has gone by and the officers have some new information and/or the officers want to ask about a different crime

One the miranda right to counsel has been asserted, all interrogation must cease. There are no circumstances, except for the actual presence of the attorney." recognize the types of Miranda waivers - Correct Answer-"Types of waivers:

• expressed: answers yes/no verbally
• implied: acknowledges understanding with no verbal communication
• conditional: acknowledges understanding and moves forward with limitations" recognize the exception(s) to the Miranda rule - Correct Answer-The only exception to miranda and it is known as the public safety or emergency rescue exception and it is based on exigent circumstances. differentiate between an interview and interrogation - Correct Answer-"An interview is the process of gathering information from a person who has knowledge of the facts that an officer will need to conduct an investigation and is used to:
• determine if a crime has taken place
• identify and locate victims and witnesses
• identify possible suspects
• generate a crime broadcast to dispatch An interrogation is the process of questioning suspects and are questions that are likely to elicit an incriminating response." identify the purpose of an interrogation - Correct Answer-"- obtain an admission or confession
• identify individuals involved in a crime
• establish a person's guilt
• corroborating the facts of a crime
• obtaining information that could lead to the recovery of evidence or property" differentiate between an admission and a confession - Correct Answer-"- confession involves acknowledging the commission of all of the elements of a crime
• admission involves acknowledging certain facts that tend to incriminate the individual, but fall short of a confession" identify the conditions in which a confession or admission may be inadmissible in a court - Correct Answer-"- arrest and statement was the result of an illegal search and seizure
• violation of Miranda
• statement was involuntary / coerced" case law - Correct Answer-Court opinions that are issued over time through the power of judicial review

circumstantial evidence - Correct Answer-Evidence that does not prove a fact directly, but rather is personal knowledge or observations from which deductions are drawn consent search - Correct Answer-Search conducted with consent that is voluntary and obtained from a person with the authority to give that consent contemporaneous - Correct Answer-Search conducted at or near the time of arrest, although either can precede the other, at or near the place of the arrest, and while the arrestee is still on the scene curtilage - Correct Answer-Relatively small and usually well-defined area immediately around a residence to which the private activities of the home extend, and in which the owner has an expectation of privacy custodial arrest - Correct Answer-Arrest in which the suspect will be transported to a station, jail, detox center, juvenile hall, or school custodial lineup - Correct Answer-Identification procedure in which the victim or witness to a crime is asked to look at a number of individuals within a custodial environment in an attempt to identify the suspect (also known as a physical lineup) direct evidence - Correct Answer-Evidence that proves a fact directly, without an inference or presumption (e.g., the sale of a controlled substance to an undercover officer) evanescent evidence - Correct Answer-Evidence that will change or be lost over time exigent circumstances - Correct Answer-An emergency situation requiring swift action to prevent imminent danger to life, serious danger to property, imminent escape of a suspect, or the destruction of evidence field showup - Correct Answer-Viewing of a suspect by the victim or witness that commonly occurs in the field shortly after a crime has been committed implied consent - Correct Answer-By obtaining a driver's license in California a person has agreed to chemical testing without a warrant (i.e., blood, breath, urine) knock and notice - Correct Answer-Before entering a dwelling to serve a search warrant, officers must give notice to persons inside through certain actions motor vehicle - Correct Answer-Self-propelled vehicle (e.g., automobiles, airplanes, buses, recreational vehicles, carts, etc.) nexus - Correct Answer-A reasonable connection or link between two or more items

objective reasonableness - Correct Answer-Whether society is prepared to recognize an individual's expectation of privacy as reasonable open fields - Correct Answer-Outdoor real property, outside the curtilage of the residence overflight - Correct Answer-Flight of a plane or helicopter over a given area parole - Correct Answer-Extension of a felon's sentence, that is, an additional specific period of time (usually three years) which a person must serve on the "outside" after having completed the actual prison sentence passenger compartment - Correct Answer-Passenger Compartment can be considered to include all areas accessible to occupants within the vehicle photographic spread - Correct Answer-Identification procedure in which the victim or witness to a crime is asked to look at a number of photographs in an attempt to identify the suspect (also known as a photographic lineup) plain view - Correct Answer-Objects in the line of sight of an officer who has the right to be in that position are subject to seizure without a warrant if the officer has lawful access to the object(s) probable cause exception - Correct Answer-Warrantless vehicle search based on probable cause that the vehicle contains contraband or evidence of a crime. Also referred to as the "automobile exception," or the "vehicle exception" probable cause plus - Correct Answer-Additional show of need, beyond the usual probable cause, required for bodily intrusion warrants probable cause to search - Correct Answer-Enough credible information to provide a fair probability that the object the peace officers seek will be found at the place they want to search probation - Correct Answer-Sentencing alternative for a person convicted of a criminal offense granted at a judge's discretion protective search of a vehicle - Correct Answer-Limited warrantless search of the passenger compartment of a vehicle for weapons protective sweep - Correct Answer-Brief search of a house or building to look for individuals only public access area - Correct Answer-Any area that the general public or some members of the public have been given either express or implied permission to be in

reasonable expectation of privacy - Correct Answer-When individuals have indicated that they personally (subjectively) expect privacy in the object or area, and their expectation is one which society is prepared to recognize as legitimate reasonable inference - Correct Answer-Act of drawing a conclusion from a fact; it is similar to making a presumption (e.g., seeing smoke and inferring there is a fire) search - Correct Answer-Governmental infringement or intrusion upon an expectation of privacy that society is prepared to consider reasonable search warrant - Correct Answer-Written order, in the name of the people, signed by a magistrate, directed to a peace officer, commanding the officer to search for a person or persons, a thing or things, or personal property, and, in the case of a thing or things or personal property, to bring the same before the magistrate (Penal Code Section 1523) seizure of a person - Correct Answer-Peace officer's physical application of force, or a person's voluntary submission to a peace officer's authority seizure of property - Correct Answer-Meaningful interference with an individual's possessory interest in that property by the government stable evidence - Correct Answer-Evidence that will not change over time standing - Correct Answer-When a person has a legitimate possessory interest or relationship over an object or area subjective expectation of privacy - Correct Answer-A person's state of mind demonstrated by affirmative action designed to protect their privacy valid consent - Correct Answer-A person can give permission for search of areas/items within their control vehicle inventory - Correct Answer-Procedure peace officers use to account for personal property in a vehicle that is about to be impounded or stored voluntary consent - Correct Answer-An act of free will and not the result of duress or coercion To establish probable cause to search peace officers must be able to articulate how and why they have a fair probability to believe: - Correct Answer-- a crime has occurred or is about to occur

• evidence pertaining to the crime exists
• the evidence is at the location they wish to search The 4th amendment provides for: - Correct Answer-The people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures and

no warrants shall issue, but upon probable cause supported by oath or affirmation particularly describing the place to be searched and the persons or things to be seized Reasonable expectation of privacy exists as long as: - Correct Answer-- Individuals have indicated that they personally expect privacy in their object or area

• their expectation is on which society is prepared to recognize as legitimate 1524 PC presents statutory grounds for issuance of a search order when the property or thing: - Correct Answer-- was stolen or embezzled (1524(a)(1)
• was used as the means of committing a felony (1524(a)(2)
• is in the possession of any person with the intent to use it as a means of committing a public offense, or in the possession of another to whom the item may have been delivered for the purpose of concealing it or preventing its being discovered (1524(a)(3)
• constitutes evidence that tends to show a felony has been committed, or tends to show that a particular person has committed a felony (1524(a)(4)
• consists of evidence that thens to show that sexual exploitation of a child or the possession of matter depicting sexual conduct of a child has occurred or is occurring (1524(a)(5)
• when there is a warrant to arrest the person (1524(a)(6)
• is a sample of blood that constitutes evidence that tends to show a violation of VC 23140, 23152 or 23153 and the person from whom the sample is being sought has refused an officer's request to submit to, or has failed to complete, a blood test as required by section VC 23612 and the sample will be drawn from the person in a reasonable, medically approved manner (1524(a)(13)
• are controlled substances or a device, contrivance, instrument or paraphernalia used for unlawfully using or administering a controlled substance pursuant to the authority described in section 11472 HSC (1524(a)(16) The following must appear in a search warrant: - Correct Answer-- Names of all those who have sworn to the presented facts as probable cause are true
• The statutory grounds for issuing the warrant
• Description of the places and/or persons to be searched
• Description of the things or property to be seized
• The magistrates signature

• The date issued
• An indication by magistrate if nighttime service is authorized 1529 and 1533 PC For a search warrant, peace officers must articulate probable cause that - Correct Answer-- A crime has been committed
• Evidence concerning that crime or the identity of the perpetrator is located at the place to be searched For a, arrest warrant, peace officers must articulate probable cause that - Correct Answer-- A crime has been committed
• The individual to be arrested committed that crime What is the rationale that a crime occurred? - Correct Answer-There must be at least a fair probability that a crime has occurred or will occurr What is the rationale that evidence pertaining to the crime exists? - Correct Answer- Officers must establish that evidence of a crime exists. This can be accomplished by direct evidence, circumstantial evidence or by reasonable inference. What is the rationale that the evidence is located at the place to be searched? - Correct Answer-Officers must establish that the evidence was taken to, or produced at, the place to be searched. This can be accomplished by direct evidence, circumstantial evidence or reasonable inference. Peace officers may secure a residence while in the process of obtaining a search warrant when: - Correct Answer-- If the suspect has been arrested inside the location
• If companions of the suspect may destroy items sought upon learning of the arrest In addition to probable cause to search, peace officers also need exigencies that the evidence will likely be destroyed or removed before a search warrant can be obtained. How many days do peace officers have to execute and return a search warrant? - Correct Answer-10 calendar days from issuance When can a search warrant be served? - Correct Answer-Execution must begin between 0700 and 2200 hours What are the good cause situation for a nighttime service? - Correct Answer-- Decrease danger to peace officers
• Drug sale occurred at night

• Prompt execution might preclude murder
• Property sought will likely be gone, sold, or removed by dawn
• Stolen items are primarily perishable or easily disposable To complete the prescribed procedures for knock and notice, peace officers must: - Correct Answer-- knock and announce their presence
• identify themselves as peace officers
• state their purpose
• demand entry
• wait a reasonable amount of time
• if necessary, forcibly enter the premises knock "police, search warrant, open the door" wait force entry Before forcibly entering a dwelling during a search warrant peace officers must be refused entrance. Refusal may be based on: - Correct Answer-- a verbal statement
• individual conduct
• the passage of a reasonable amount of time Peace officers may enter a private property unannounced if they can demonstrate that compliance with the knock and notice requirements would be futile, or that compliance could result in: - Correct Answer-- Harm to the officers or other individuals
• The destruction of evidence What is a ruse entry? - Correct Answer-When peace officers use a false identity or trick to obtain consent to enter a property as long as they already have a search warrant Search warrants must include specific: - Correct Answer-- statutory grounds for issuance
• identification of the area(s) or person(s) that may be searched
• identification of the item(s) to be seized When can an officer detain and frisk / pat search a person during the execution of a search warrant? - Correct Answer-- when the person is present and has demonstrated a connection with the premises

• is already inside the premises
• has a key to enter the premises freely
• enters the premises without knocking *Mere arrival at the premises is not enough connection to justify a detention Under the NEXUS RULE, officers may seize items not listed in the warrant when: - Correct Answer-- 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 What requirements must peace officers meet in order to legally seize an item in plain view: - Correct Answer-- probable cause / fair probability that the item is contraband or evidence of a crime
• lawful right to be in the location from which they originally observe the item (public area)
• lawful access to the item / area based on consent, exigent circumstances or lawful entry (i.e. parole search) What are examples of sensory aids in regards to plain view seizures? - Correct Answer-- Flashlights
• Night vision devices
• Binoculars
• Dogs Exceptions to the usual search warrant requirements include: - Correct Answer-- cursory / frisk / pat down
• consent searches
• searches pursuant to exigent circumstances
• searches incident to custodial arrest
• probation / parole searches

Reasons for cursory / frisk / pat down searches to be lawful: - Correct Answer-- the person must be lawfully detained for an investigative purpose

• the searching officers must be able to articulate specific facts which caused them to reasonably believe the person is dangerous or may be carrying a weapon
• need not be absolutely certain that the person is armed, however, suspicion must be reasonable What is the scope of a cursory / frisk / pat down search: - Correct Answer-- outer clothing for weapons only
• once an officer realizes an object is not a weapon the officer cannot further manipulate the object
• any additional feeling, grabbing or manipulating of the item is illegal Factors that have been recognized as reasonable suspicion for a cursory / frisk / pat down: - Correct Answer-- clothing (bulge, heavy clothing in summer)
• actions (trying to hide something, overly nervous, threatening manner)
• prior knowledge suspect carries weapons or violent
• reason for detention (stopped to investigate serious, violent or armed offense)
• companions (lawful search of companions revealed a weapon)
• location (stopped in an area known for violence, or where an officer is unlikely to receive immediate aid if attacked)
• time of day/amount of light (nighttime, little or no lighting)
• ratio (detainees outnumber officers) When can an officer search a container found on a person during a cursory / frisk / pat down: - Correct Answer-when it is reasonable to believe it can be used as a weapon or that it might contain a weapon When can an officer reach inside a persons clothing or pockets to inspect an object further during a cursory / frisk / pat down: - Correct Answer-- the object felt like a weapon or something that could be used as a weapon
• the subject's clothing is so rigid or heavy that the officer could not rule out the possibility of a weapon or potential weapon

When is consent for a search valid? - Correct Answer-- when the consent is voluntary

• obtained from a person with apparent authority Express consent occurs when - Correct Answer-- the consent person clearly authorizes the search either orally or in writing
• requires no inference to supply the full meaning Implied consent occurs when - Correct Answer-- the consenting person authorizes the seach by actions or behavior indicating that consent was given
• must be reasonably inferred Validity of consent for relationships of husband/wife, parent/child, roommates/co- occupants - Correct Answer-Consenter has authority if there is joint access or control over an area or thing i.e. kitchen, family room) Consenter has no authority if the item is clearly a personal effect of, or the area is under the sole authority of, the non-consenter. Co-occupant is present and objects to the search. Validity of consent for relationships of landlord/tenant, motel owner/boarder - Correct Answer-Consenter has authority if consenter is landlord or owner who has regained exclusive possession of a rental property Consenter has no authority if consenter is landlord or owner, but the premises are still occupied by the tenant Validity of consent for relationships of employer/employee - Correct Answer-Consenter has authority if there is common authority or control over the area or thing i.e. unlocked file cabinet, open office space Consenter has no authority if the item is clearly a personal effect of, or the area is under the sole authority of, the non-consenter i.e. briefcase, purse, locked drawer When can consent be withdrawn during a search - Correct Answer-- expressly doing so "i don't want you to search anything more"
• making a statement "I want you to leave now"
• engaging in conduct that reasonably indicates that the consent is being withdrawn i.e. blocking a doorway "I don't want you to go in there" What is the scope of a search during exigent circumstances? - Correct Answer-- primary purpose of the officer's entry is to attend the an emergency situation

• may search only if it is reasonable to believe a search is necessary to secure the emergency
• may seize item in plain view if there is probable cause to believe the item is contraband or evidence of a crime Examples of imminent danger to life: - Correct Answer-- sick or injured person
• child abuse
• violent assault
• domestic violence Examples of imminent danger to property: - Correct Answer-- burglary in progress
• other emergencies i.e. fire, dangerous chemicals or explosives Hot pursuit - Correct Answer-A warrantless entry is permitted if officers attempt to detain or arrest the suspect in a public place but the suspect flees inside a private area Fresh pursuit - Correct Answer-A warrantless entry is permitted if there is no physical chase, but officers are quickly responding to information concerning the suspect's whereabouts and the officers reasonably believe the suspect's escape is imminent A search incident to arrest may be conducted when: - Correct Answer-- probable cause for a lawful arrest exists
• the suspect is taken into custody
• the search is at the same time as the arrest A search incident to custodial arrest may include: - Correct Answer-- a full search of the arrestee's person
• containers on the arrestee's person
• the nearby physical area that was under the immediate control of the arrestee Peace officers may search any area that is or was reasonably within the arrestee's control. This could include any area from which the arrestee may: - Correct Answer-- grab a weapon
• obtain any item that could be used as a weapon

• destroy evidence Protective sweeps are limited to spaces immediately adjoining the area of an arrest: - Correct Answer-- where another person could be hiding
• from which an attack could be immediately launched
• it is illegal to sweep into areas beyond those immediately adjoining the arrest location unless reasonable suspicion that there may be someone there who poses a danger
• any contraband or evidence in plain view may be seized An individual serving a period of probation must agree to certain conditions such as - Correct Answer-- getting a job
• avoiding drugs
• not traveling outside a limited area
• submitting to periodic searches without a warrant, probable cause or reasonable suspicion The following conditions apply when the location being searched is the residence of a probationer/parolee - Correct Answer-- certainty; must possess information that reasonably indicates the residence is in fact the probationer's/parolee's
• knock and notice
• joint occupants; need not consent of joint occupants
• rooms; may search any room under probationer's/parolee's control
• personal property may be searched when officers reasonably believe it is owned or controlled, or jointly owned or controlled by the probationer/parolee
• denials; officer's are not required to accept denial that a probationer/parolee lived in the residence or that personal property belongs to them Searches of a probationer/parolee may be considered harassment if they - Correct Answer-- occur to often
• take place at an unreasonable hour
• are unreasonably prolonged
• demonstrate arbitrary or oppressive peace officer conduct

• are undertaken with personal animosity toward the probationer/parollee For a search of a vehicle to be legal under the probable cause exception: - Correct Answer-- the vehicle must have been lawfully stopped or otherwise lawfully accessible
• the officers must have enough facts, knowledge or experience to provide probable cause that the item they are seeking will be found inside the vehicle What is the scope of a warrantless vehicle search? - Correct Answer-officers may search any part of the vehicle as long as what they are searching for might reasonably be located there i.e. cannot look for a shotgun in the glove compartment Requirements for plain view seizure from a vehicle: - Correct Answer-- have probable cause to believe the item is crime-related
• lawfully be in a location to observe the item
• have lawful access to the item A protective vehicle search is permitted if: - Correct Answer-- the driver or other occupant is being lawfully detained
• the officer reasonably believes that there may be a weapon or item that could be used as a weapon, inside the vehicle During a protective vehicle search, officers may search: - Correct Answer-- only for weapons or potential weapons
• in the passenger compartment of the vehicle
• where the occupants of the vehicle would have reasonable access to a weapon or item that could be used as a weapon What are the conditions for a warrantless consent search: - Correct Answer-- must be voluntary
• obtained from a person with the authority to give that consent What is the scope of a consent search? - Correct Answer-May search only those areas of the vehicle they reasonably believe the consenting person authorized them to search. If the consenting person expressly or implicitly restricts certain areas of the vehicle or items within the vehicle, the officer must honor those restrictions.

Officers may search the passenger compartment of a person in a vehicle if they have made a valid custodial arrest of any occupant of the vehicle and: - Correct Answer-- the arrestee is unsecured

• has reachable access to the vehicle
• the officer has reasonable suspicion to believe evidence pertaining to the crime for which the suspect was arrested, is to be found in the vehicle
• the officer has reasonable suspicion there is a weapon in the vehicle What is the scope of search for under a valid custodial arrest? - Correct Answer-- the passenger compartment of a vehicle incident to a recent occupant's arrest only if it is reasonable to believe that the arrestee might access the vehicle at the time of the search or that the vehicle contains evidence of the offense of arrest
• the arrestee is un-secure and still has access to the vehicle (within arms reach)
• the trunk of a vehicle may not be searched If an officer did not see the arrestee inside the vehicle, they may nevertheless consider the person to be an occupant of the vehicle if: - Correct Answer-- the officers reasonably believe the arrestee was an occupant shortly before the arrest
• there was something else indicating a close association between the vehicle and the arrestee at the time of the arrest A search is deemed incident to an arrest only if it occurred: - Correct Answer-- at or near the time of the arrest
• at or near the place of the arrest
• while the arrestee is still at the scene When can the contemporaneous requirements of a search incident to arrest be waived?
• Correct Answer-When is is reasonably necessary to delay the search, conduct the search in another location, conduct the search after the arrestee was removed from the scene or the search was conducted as soon as it was practical to do so When can a vehicle be deemed an instrumentality of a crime? - Correct Answer-- when the crime was committed inside the vehicle
• when the vehicle was the means by which the crime was committed
• a vehicle is not an instrumentality merely because it is used during the commission of a crime

The necessary conditions to inventory a vehicle are: - Correct Answer-- the vehicle must be in the lawful custody of law enforcement

• the officer conducts the inventory pursuant to a standardized agency policy What factors do the courts address regarding the necessity and safety before issuing a warrant for bodily intrusion? - Correct Answer-- method used, what is the likelihood this type of search will result in the discovery of evidence
• seriousness of the offense, does the nature of the offense justify the infringement on the person's privacy and dignity?
• importance of the evidence to the investigation, is this particular evidence absolutely necessary to the investigation or is it sought merely to corroborate other existing evidence?
• existence of alternate means, are there any other less intrusive methods or means of obtaining the same evidence?
• safety and intrusiveness, will the method or extent of the proposed intrusion threaten safety or health, be conducted in accordance with accepted medical practices, involve unusual or untested procedures or result in psychological harm to When can blood be forcibly extracted from if a driver refuses to comply? - Correct Answer-- exigent circumstances exist other than the natural dissipation of blood alcohol that are sufficient to justify the forcible procedure
• the suspect has search terms that authorize a forcible blood draw
• officers secure a search warrant An officer can seize evidence from a suspect's person incident to an arrest and without a warrant when they have - Correct Answer-- probable cause to arrest, the officer must be aware of facts that constitute probable cause to arrest
• probable cause to search, the officer must reasonably believe that the search will result in the discovery of evidence of a crime
• exigent circumstances, it must be reasonable to believe that evidence will be lost or destroyed if the officer waits to obtain a warrant
• a need that outweighs the intrusiveness, the need for the evidence must outweigh the intrusive nature of the search and any foreseeable danger

What options do peace officers have if a suspect swallows evidence: - Correct Answer-- detain suspect and wait for evidence to pass

• if suspect's life is in danger, stomach pump
• suspect give consent to stomach pump What is needed to obtain a search warrant for a blood sample? - Correct Answer-- probable cause that the test results will show evidence of a crime
• the removal will be conducted by trained medical personnel in accordance with accepted medical practices When can peace officers transport a suspect for a field show up? - Correct Answer-- suspect voluntarily consents
• probable cause to arrest suspect
• impractical to transport witness/victim discuss reasonable force as stated by law. - Correct Answer-Reasonable force is force that can be use to effect an arrest, prevent escape and overcome resistance. discuss the components of the Fourth Amendment standard for determining objective reasonableness, as determined by the U.S. Supreme Court. - Correct Answer-"- use of force must be judged from the perspective of a reasonable officer on the scene and not hindsight
• based on the facts and circumstances confronting the officer
• whether the suspect posed an immediate threat to the safety of the officers or others
• the severity of the crim at issue
• whether the suspect was actively resisting arrest
• whether the suspect was attempting to evade arrest by flight
• whether there was an opportunity to warn about the use of force prior to force being used, and was such a warning given
• was there an assessment by the officer of the subject's ability to cease resistance ond/or comply with commands
• availability of other reasonable force options
• number of officers / subjects
• age, size and relative strength of officers / subjects
• specialized knowledge, skills or abilities of subjects
• prior contact
• injury or exhaustion of officer
• access to potential weapons
• environmental factors
• whether officer has reason to believe th subject is mentally ill, emotionally disturbed or under the influence"

"explain the legal framework establishing a peace officer's authority during a legal arrest, including:

• subject's requirement to submit to arrest without resistance
• peace officer's authority to use reasonable force during a detention or arrest." - Correct Answer-"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 regrain from using force or any weapon to resist such arrest PC 834a An arrest is made by an actual restraint of the person, or by submission to the custody of an officer. The person arrested may be subjected to such restraint as is reasonable for arrest and detention PC 835" identify the circumstances set forth in the California Penal Code when a peace officer has the authority to use force. - Correct Answer-Any officer who has reasonable cause to believe that the person to be arrested has committed a public offense may use reasonable force to effect an arrest, to prevent escape pr to overcome resistance PC 835a discuss the level of authority agency policies have regarding the use of force by a peace officer. - Correct Answer-Agencies are free to establish policies and procedures regarding the use of force by their employee that are more restrictive than those established in constitutional, statutory and case law. define the term "force option." - Correct Answer-Choices available to a peace officer in any given situation to overcome resistance to effect an arrest, to prevent escape, in the defense of self and others and to gain control of the situation. identify that the objective of using force is to overcome resistance to gain control of an individual and the situation. - Correct Answer-The objective of the use of force by peace officers in any situation is to ultimately gain or maintain control of an individual and therefore the situation. recognize force options and the amount of force peace officers may use based on the subject's resistance. - Correct Answer-Peace officers are required to use the type of force which is objectively reasonable under the totality of the circumstances, use only the amount of force objectively reasonable to overcome resistance and to gain or maintain control of a subject and conform to agency policiy and federal and state law explain the importance of training and ongoing practice when responding to potentially dangerous situations that may require the use of force. - Correct Answer-It has been established that peace officers, when required to respond in dangerous situations, will revert to the responses they learned in training. Officers' tactical performance may depend on how well and effectively they have trained and practiced required skills and abilities.