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TMAS 1 STUDY GUIDE
1st Amendment - Answer - Freedom of Religion, Speech, Press, Assembly, and Petition 4th Amendment - Answer - Protection against Unreasonable Search and Seizure 5th Amendment - Answer - Freedom from self-incrimination and freedom from being tried twice for the same crime 6th Amendment - Answer - The right to a Speedy Trial by jury, right to be told of charges when arrested, Right to impartial jury, confront witness, to counsel 8th Amendment - Answer - Freedom from: Excessive bail, and cruel and unusual punishments 14th Amendment - Answer - Basic right of a defendant in a judicial proceeding The requisites for trial (Due process) Right to equal protection of the laws Criminal Justice System components - Answer - Law enforcement, judicial, corrections Constitutionally protected rights - Answer - The basic rights and freedoms protected by the U.S. Constitution and its amendments apply to all individuals in the United States regardless of citizenship status Judicial System - Answer - Provide due process of the law, rendering fair judgements, dispensing just punishment, and assuring victim's rights Judicial Process begins? - Answer - once an offender has been arrested or indicted for a crime Corrections Objectives: - Answer -- Confining prisoners
- Rehabilitating prisoners
- Supervising parolees and probationers in the community
- Assuring victim's rights Parole and Probation - Answer - The primary role of both parole and probation is to protect the community from future criminal acts of individuals who have been convicted of a crime, imprisoned and subsequently released back into the community Parole vs. Probation - Answer - Parole is a conditional release from a state prison which allows an individual to serve the remainder of a sentence.
Probation is the suspension of the imposition or execution of a sentence and the order (by the court) of conditional and revocable release in(to) the community. Penal Code Section 1203), a sentencing option for an individual convicted of a criminal offense. Community Policing - Answer - Address the causes of crime Address the fear or perception of crime Improve the overall quality of life in the community CAPRA? - Answer - Clients Acquire and Analyze Information Partnerships Response Assessment Implicit Bias - Answer - Unconscious thoughts and feelings that may influence an individual's perceptions, decisions, and actions Three origins of law - Answer - Constitutional Law Statutory Law Case Law Constitutional Law - Answer - law that involves the interpretation and application of the U.S. Constitution and state constitutions Statutory Law - Answer - The body of law enacted by legislative bodies. All crimes are statutory in California. TO be enforceable a law must be written as well as a punishment. Case Law - Answer - Based upon previous appellate court decisions that are binding on lower court decisions (Based on old cases). Purpose is to: interpret constitution and clarify statutes. Letter of the Law - Answer - Law is strictly applied in accordance with the literal meaning of the statute, leaving no room for interpretation Spirit of the Law - Answer - Law is applied in accordance with the intent of the legislature, the promotion of fairness and justice and not solely in literal compliance with the words of the statute. EX: Giving a warning Criminal Law - Answer - Violations of the criminal statutes. Such violations are called crimes and are considered public wrongs against all the people of California. Purpose of Criminal Law - Answer - Punishment which may include death, incarceration, fines payable to the city, country, state, or nation
Accomplice - Answer - A principal becomes an accomplice when the principal testifies for the prosecution against another principal People legally incapable of committing a crime - Answer - •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 Reasonable Suspicion - Answer - Standard used to justify a detention. It exists when an officer has sufficient facts and information to make it reasonable to suspect that criminal activity may be occurring and the person detained is connected to that activity. Probable Cause - Answer - Totality of the circumstances cause a person of ordinary care and prudence to entertain an honest and strong suspicion that the person to be arrested is guilty of a crime Search - Answer - occurs when an expectation of privacy that society is prepared to consider reasonable is infringed upon by the government. Seizure of a person - Answer - A peace officer's physical application of force, or a person's voluntary submission to a peace officer's authority Seizure of property - Answer - Meaningful interference with an individual's possessory interest in that property by the government Consensual Encounter - Answer - A face-to-face contact with a person under circumstances which would cause a reasonable person to believe they are free to leave or otherwise not cooperate. No legal justification is needed as long as officers are in a place they have a right to be Detention - Answer - A lawful detention requires reasonable suspicion of criminal activity. Causes a reasonable person to believe they are not free to leave. Physical restraint, verbal commands, or other conduct by an officer. Seaches and Seizures During a Detention - Answer - Cursory/pat down search: Outer clothing search to locate weapons, not for evidence or contraband. Have to articulate why you think this person may be armed or dangerous Use of force during a detention - Answer - may be used if a person attempts to leave during a detention Arrest - Answer - The taking of a person into custody in a case and in the manner authorized by law. Must be based on probable cause
Conditions for warrantless felony arrests - Answer - Probable cause to believe the person being arrested has: committed a felony in the officer's presence, not in the officer's presence, committed a felony regardless of whether the felony was or was not actually committed. Conditions for warrantless misdemeanor arrests - Answer - 1. DUI
- Carrying a loaded firearm on an individual's person or in a vehicle while in any public place or on any public street
- Violating a domestic or restraining order when the officer was responding to a call alleging the same
- Committing an assault or battery on a spouse, cohabitant, or a parent of their child
- Committing an assault or battery on school property while school is in session
- Committing an assault or battery against a working firefighter, emergency medical technician, or mobile intensive care paramedic
- Carrying a concealed firearm at an airport Times for a warrantless arrest for a felony? - Answer - Any time of the day or night on any day of the week 840PC Times for a warrantless arrests for misdemeanors or infractions? - Answer - 6 a.m. to 10 p.m. unless the person commits the crime in the officer's presence, is arrested in a public place, is already in custody pursuant to another lawful arrest Arrest Warrant - Answer - a court-ordered document authorizing the police to arrest an individual on a specific charge Knock and Notice - Answer - A requirement that before entering a dwelling to make an arrest, with or without a warrant, peace officers must give notice to the person inside through certain actions Knock and Notice exceptions - Answer - 1. At scene, officer is given consent.
- When exigent circumstances exist. Knock and notice, exigent circumstances: - Answer - 1. Hot pursuit
- Imminent threat to: Life, property
- Suspect attempting to flee
- Someone inside is destroying evidence or contraband Private Person Arrest - Answer - the person is, without unnecessary delay, required to:
- take the person before a magistrate
- deliver the arrested person to a peace officer · A private person can make warrantless entries only for felonies
Admission: certain facts that tend to incriminate the individual, but fall short of a confession. Use of Subterfuge - Answer - The use of deception or falsehoods as a tactic when interrogating a susp. Permissible as long as it does not cause an innocent person to confess. Probable cause to search - Answer - Having enough facts or information to provide a fair probability, or a substantial chance, that the item sought is located in the place to be searched. exclusionary rule - Answer - if a court finds a search or seizure is not reasonable and a person's Fourth Amendment rights have been violated by the government, all items seized during the search could be ruled inadmissible or excluded as evidence at trial. Search Warrant - Answer - An order in writing in the name of the people signed by a magistrate directed to a peace officer commanding the officer to search for an individual or individuals, a thing, or things, or personal property Securing an area pending issuance of a search warrant - Answer - Peace Officers may secure a residence while in the process of obtaining a search warrant. Exigencies are required (Belief evidence will likely be removed or destroyed) Time limit for service - Answer - Shall be executed and return within 10 days from issuance and running until midnight if the 10th day. No exceptions for weekends or holidays Time of service for search warrant - Answer - Only between the hours of 7:00am to 10:00pm Ruse Entry - Answer - Peace officers may use a false identity, a ruse or trick to obtain consent to enter as long as they already have a judicially-authorized right to enter, i.e., a search warrant. Scope and specificity of a search warrant - Answer - During a search authorized by a search warrant, officers are limited by the information specified in the search warrant. (This is known as the scope of the search.) Search warrants must include specific: statutory grounds for issuance identification of the area(s) or person(s) that may be searched identification of the item(s) to be seized If an area is searched or an item is seized that is beyond the scope of the warrant, the evidence may be excluded later at trial. Searching containers - Answer - When a warrant authorizes the search of a residence, vehicle, or person, it automatically authorizes the search of any thing, place, or
container inside that residence or vehicle, or on that person, where the object of the search might be located. If, however, the warrant was not for a general area, but instead was for a particular container, that container would also have to be described as completely as possible in the warrant. Nexus Rule - Answer - Officers may seize items not listed in the warrant when: the items are discovered while the officers are conducting a lawful search for the listed evidence, and they have probable cause to believe the item is contraband, evidence of criminal behavior, or would otherwise aid in the apprehension or conviction of the criminal Plain View Seizures - Answer - if an investigator/officer is lawfully in a place and sees contraband or evidence in plain view, the investigator may seize the evidence and it will be admissible officers may use all of their senses, not just sight, to obtain probable cause. The plain view doctrine, therefore, can also include items they can smell, hear, or touch from a lawful position. Lawful access - Answer - Simply because an officer can see an object in plain view from a lawful location does not automatically mean the officer may legally enter private property without a warrant to seize it, even if the object is obviously contraband or evidence of a crime. The officer also needs lawful access. the officer's entry is based on consent the officer's entry is based on exigent circumstances, for example, a reasonable belief that the evidence will be destroyed if entry is delayed in order to obtain a warrant the officer has lawfully entered the area for some other purpose (e.g., to conduct a parole or probation search, or an administrative or regulatory search, etc.) Factors contributing to the suspicion that a person may be carrying a weapon or poses a danger (Purposes of a Patdown) - Answer - Clothing: Bulges in clothing the size of a potential weapon, wearing heavy coats in hot weather Actions: Trying to hide something, appears overly nervous, acting in a threatening manner Prior Knowledge: History of violence Reason for Detention: Stopped in order to investigate a serious, violent, or armed offense Companions: Lawful search of companions resulted in a weapon being found
Obtain any item that could be used as a weapon Destroy evidence Protective Sweep - Answer - Brief search of a house or building to look for individuals only. Limited to spaces immediately adjoining the area of an arrest: Where another person could be hiding or from which an attack could be launched immediately Search of a residence of a probationer/parolee - Answer - Joint Occupants: Officers who are conducting a lawful probation/parole search need not obtain the consent of a joint occupant of the premises, nor will the objections of a joint occupant invalidate the search Rooms: Officers may search any rooms under probationer/parolee's control including any areas controlled jointly with other occupants of the residence Personal Property: may be searched when officers reasonably believe it is owned or controlled or jointly owned by probationer/parolee Denials: If probationer/parolee denies that they live in the residence or that personal prop belongs to them, officers are not required to accept such denials Probable Cause exception or automobile exception - Answer - If officers honestly believe they have enough information to obtain a search warrant for a vehicle from a magistrate, it is legal for them to go ahead and search the vehicle without a warrant. Probable Cause Vehicle Search - Answer - The scope of a vehicle search based on probable cause depends on the item or object peace officers are searching for. Officers may search any part of a motor vehicle, or anything inside vehicle as long as they are searching for might reasonably located there. Includes: Pass compartment, glove compartment, hood, trunk. any closed personal containers (including locked ones) Bumper to bumper Plain View seizures from vehicles - Answer - seizing crime-related evidence in an officers plain view from a place the officer has a lawful right to be. Peace officers must: have probable cause to believe the item is crime-related, lawfully be in a location to observe the item, and have lawful access to the item Protective search of a vehicle - Answer - Limited warrantless search of the passenger compartment of a vehicle for weapons. Permitted if: The driver or other occupant is being lawfully detained, officer reasonably believes that there may be a weapon or item that could be used as a weapon inside the vehicle Scope of protective search of a vehicle - Answer - Officers may search: only for weapons or potential weapons
in the passenger compartment of the vehicle where the occupant(s) of the vehicle would have reasonable access to a weapon or item that could be used as a weapon Once the searching officer determines there are no weapons or potential weapons within the passenger compartment, the search must end. Consent Search of vehicles - Answer - Consent must be: Voluntary and obtained from a person with the authority or standing to give the consent. Consent can be withdrawn at any time and person may limit the scope of the search. Obtain a signed consent to search form or verbally inform the individuals in authority that they have a right to refuse consent. Incident to custodial arrest: searches of vehicles - Answer - Officers may search the passenger compartment of a vehicle if they have made a valid custodial arrest of any occupant of the vehicle and: The arrestee is unsecured (not in custody), arrestee has reachable access to the vehicle and or, the officer has reasonable suspicion to believe evidence, pertaining to the crime for which the susp was arrested is to be found in the vehicle, officer has reasonable suspicion there is a weapon in vehicle. Scope of Incident to custodial arrest vehicle search - 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 OR The arrestee is un-secure and still has access to the vehicle (arms reach) Instrumentalities: Searches of vehicles - Answer - A vehicle may generally be deemed an instrumentality of a crime if: the crime was committed inside the vehicle the vehicle was the means by which the crime was committed (e.g., hit and run) A vehicle is not an instrumentality merely because it is used during the commission of a crime Vehicle Inventory - Answer - A vehicle inventory is not a search for evidence or contraband. It is a procedure peace officers use to account for personal property in a vehicle that is being impounded or stored. Must be in the lawful custody of law enforcement. Scope of search for vehicle inventory - Answer - Under the seats, glove compartments, consoles, the trunk, closed containers (bumper to bumper) Probable cause plus - Answer - the courts also require that the more intense, unusual, prolonged, uncomfortable, unsafe, or undignified the procedure contemplated, the greater the showing for the procedure's necessity must be. This additional show of need is often referred to as probable cause plus.
Field Showup Timing and location - Answer - Appropriate only if it can be done a short time after the crime has taken place. Subject should not move to another location and instead will bring the witness/victim to the subject. Exceptions to this rule are: Subject voluntarily consents to being moved, probable cause exists to arrest the subject and take them into custody, When it's impractical to transport a witness to a possible susp Field Showup legal rep - Answer - Since the detention of a subject for the purpose of identification is not considered full custody, the subject is not entitled to have an attorney present at the time of the in-field showup Photographic spread - 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) Custodial Lineup - 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) 835 PC - Answer - Reasonable force may be used to make an arrest, prevent escape, or overcome resistance. Authority to restraint Use of Force Objective - Answer - Any situation is to gain or maintain control of an individual and the situation. Officers use their own judgement to determine amount of force used Use of deadly Force Policy? - Answer - To defend against an imminent threat of death or serious bodily injury to the officer or to another person To apprehend a fleeing person for any felony that threatened or resulted in death or serious bodily injury, if the officer reasonably believes that the person will cause death or serious bodily injury to another unless immediately apprehended. Suffiency of fear - Answer - Fear alone does not justify the use of deadly force. 198 PC Warning Shots? - Answer - Are allowed to deescalate a situation which may lead to deadly force Justifiable Homicide by Peace Officers - Answer - 196 PC, Homicide is justifiable when committed by peace officers and those acting by their command in their aid and assistance, either: (a) In obedience to any judgement of a competent court, (b) when the homicide results from a peace officer's use of force that is in compliance with Section 835a
Unreasonable force - Answer - The type, degree, and duration of force employed was not necessary or appropriate. Officers SHALL intervene to stop any excessive force by another officer. Duty to report unreasonable force - Answer - If a peace officer observes or becomes aware of a violation of someone's civil rights, including the use of unreasonable force, that officer has the duty and legal responsibility to report that information in accordance with agency policy. Intimidating witnesses or victims - Answer - 136.1 (a) PC (Felony)
- any person who knowingly and maliciously prevents or dissuades any witness or victim from attending or giving testimony at any trial, proceeding, or inquiry authorized by law.
- any person who knowingly and maliciously attempts to prevent or dissuade
- every person who attempts to prevent or dissuade another person who has been the victim of a crime or who is witness to a crime from doing any of the following including but not limited to: making any report of that victimization to any Peace Officer, causing a complaint to be sought, or assisting in the prosecution arresting the suspect Threats of retaliation - Answer - Felony/misdemeanor PC 140(a) Every person who willfully uses force or threatens to use force or violence upon the person of a witness to, or a victim of a crime or any other person, or to take, damage, or destroy any property of any witness, victim, or any other person, because the witness, victim, or other person has provided any assistance or information to a law enforcement officer, or to a public prosecutor in a criminal proceeding or juvenile court proceeding, shall be punished by imprisonment in the county jail not exceeding one year, or by imprisonment pursuant to subdivision Violating a court order - Answer - Misdemeanor 166(a)(4) PC Any person who willfully disobeys the written terms of any process or court order, or out-of-state court order lawfully issued by any court, including orders pending trial. Resisting an Officer - Answer - Misdemeanor 148(G) PC Every person who willfully resists, delays, or obstructs any public officer, peace officer, or emergency technician in the discharge or the attempt to discharge any duty of that officer's office or employment Disarming an Officer - Answer - Felony 148(c) In the course of resisting a peace officer, a person also attempts to remove or removes the officer's firearm or any other weapon of his is guilty of the crime of.
If two or more persons assemble for the purpose of disturbing the peace, or committing any unlawful act, and do not disperse on being desired or commanded to do so by a public officer, the persons so offending are severally guilty of a misdemeanor
