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END OF PAGE Malice - ANSWERS-An intent to vex, annoy, harm, or injure another person. Threats of Retaliation - ANSWERS-Willfully uses force or threatens to use force or violence upon the person because the 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. Violating a court order - ANSWERS-The willful disobedience of any order that has been issued by a court Classifications of Violating a court order - ANSWERS-Misdemeanor Resisting an Officer - ANSWERS-Resisting, delaying or obstructing peace officers in the discharge of their duties is a crime. PC 148(a)(1) Term peace officers include: - ANSWERS-Any county sheriff, any DA Investigator, any police officer, any CHP. Term public officer includes: - ANSWERS-Building inspectors and or health inspectors.
END OF PAGE Obstructing executive officers - ANSWERS-Charged with the responsibility of enforcing the law. This includes peace officers, district attorneys, city attorneys, and police commissioners. Classifications for Obstructing executive officers - ANSWERS-Is a felony to attempt to deter or prevent. This includes a threat of future harm against the officer. Threatening public officers - ANSWERS-Individuals employed by governmental agencies with certain specified law enforcement powers. This includes school officials. Classification for Threatening public officers - ANSWERS-Felony Classifications of Disarming an Officer - ANSWERS-Felony Escape - ANSWERS-Once a person has been lawfully arrested, it is a crime to free oneself or to attempt to free oneself from the custody of a peace officer or from the custodial facility where that person has been remanded
END OF PAGE Classifications of falsely reporting a crime is a : - ANSWERS- Misdemeanor Classifications for falsely reporting an emergency - ANSWERS- Misdemeanor Classifications for falsely reporting an emergency likely to cause death or great bodily injury - ANSWERS-Felony Classifications for falsely reporting a bomb or other explosives is a : - ANSWERS-Misdemeanor Unlawful assembly - ANSWERS-Two or more people assembled together to do an unlawful act or a lawful act in a violent, boisterous, or tumultuous manner. Classifications for an Unlawful assembly - ANSWERS-Misdemeanor
END OF PAGE Refusal to Disperse - ANSWERS-Assembling for the purpose of disturbing the peace or committing any unlawful act & not dispersing on being desired or commanded to do so by a public officer Objective Reasonableness - ANSWERS-Whether society is prepared to recognize an individual's expectation of privacy as reasonable Probable cause to search - ANSWERS-Crime was committed or will be committed, evidence exist, and located in the place to be searched. Custodial lineup - ANSWERS-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. Custodial lineup timing - ANSWERS-May take place any time after a crime has been committed. Scope of Search Incident to Arrest - ANSWERS-A search incident to a custodial arrest may include:a full search of the arrestee's personcontainers on the arrestee's personthe nearby physical area that was under the immediate control of the arrestee (sometimes referred to as "within arm's reach")
END OF PAGE Curtilage - ANSWERS-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 Open fields - ANSWERS-Outdoor real property, outside the curtilage of the residence Over flights - ANSWERS-The flight of a plane or helicopter over a given area Standing - ANSWERS-Exists only if a subject has a reasonable expectation of privacy in the place or thing that is searched or seized. Generally established by:OwnershipLawful possession AuthorityControl of the area searched or the property seized The exclusionary rule - ANSWERS-If a court finds a search or seizure is not reasonable and a persons 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. *fruit of the poisonous tree Probable cause to arrest - ANSWERS-Honest and strong belief that a crime was committed and the person arrested committed that crime.
END OF PAGE Nexus Rule - ANSWERS-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, andthey 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. *reasonable connection or link between two or more items. Probable cause exception - ANSWERS-Warrantless vehicle search based on probable cause that the vehicle contains contraband or evidence of a crime. Also referred as the automobile exception or the vehicle exception. For a search of a vehicle to be legal under the probable cause exception:
- ANSWERS-- the vehicle must have been lawfully stopped, or otherwise be lawfully accessible
- the officers must have enough facts, knowledge, training, or experience to provide probable cause that the item they are seeking will be found inside the vehicle Scope of Search of a vehicle - ANSWERS-Officers may search any part of a motor vehicle or anything inside the vehicle as long as what they are searching for might reasonably be located there. This includes but not
END OF PAGE Plain View - ANSWERS-evidence that's found in a location that anybody could see and, therefore, doesn't require a warrant officers may seize. consent search - ANSWERS-Search conducted with consent that is voluntary and obtained from a person with the authority to give that consent. If the consenting person restricts certain areas of the vehicle or items within the vehicle, the officer must honor those restrictions. Searches of vehicles incident to custodial arrest - ANSWERS-Officers makes a custodial arrest of a person in a vehicle and the officer may conduct a warrantless search of the vehicles passenger compartment Necessary Conditions for search of vehicle incident to custodial arrest - ANSWERS-The arrestee is unsecured (not locked in police car, not handcuffed) 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 vehicleThe officer has reasonable suspicion there is a weapon in the vehicle. Custodial arrest - ANSWERS-An arrest where the suspect will be transported to a jail, station, detox center, juvenile hall, or school
END OF PAGE Establishing a Nexus to the vehicle - ANSWERS-1) officers reasonable believe the arrestee was an occupant shortly before the arrest
- there is something else indicating a close association between the vehicle and the arrestee vehicle inventory - ANSWERS-Procedure peace officers use to account for personal property in a vehicle that is about to be impounded or stored Field showup - ANSWERS-Viewing of a suspect by the victim or witness that commonly occurs in the field shortly after a crime has been committed Timing of a field showup - ANSWERS-Appropriate only if it can be done a short time after the crime has taken place. - fresh memory Location of a field showup - ANSWERS-The victim/witness should be transported to the suspect, except in certain situations:The subject clearly and voluntarily consents to being movedIndependent probable cause exists to arrest the subject and take the subject into custodyIt is very impractical to transport a witness to a possible suspect because:
- the victim or witness is too injured to be moved
END OF PAGE Custodial lineup legal Rep. - ANSWERS-The suspect has the right to the presence of an attorney at the lineup. However the attorney is present as a silent observer. search warrant - ANSWERS-An order in writing signed by a magistrate directed to a peace officer. Commanding the officer to search for an individuals things or personal property. Reasonable Inference - ANSWERS-The 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). direct evidence - ANSWERS-Evidence that proves a fact directly, without an inference or presumption (e.g., the sale of a controlled substance to an undercover officer) Circumstantial evidence - ANSWERS-Evidence that proves a fact indirectly that is personal knowledge or observations from which deductions must be drawn by the jury or court. Execution of a search warrant, time limit for service. - ANSWERS- Penal code 1534Officers have 10days within which to execute the warrant.
END OF PAGE Failure to make timely execution of search warrant - ANSWERS-1) obtain a new warrant
- resubmit the expire warrant so it may be reissued and revalidated Time of service for a search warrant - ANSWERS-Only between the hours of 7:00am to 10:00pm Forcible entry to execute a search warrant - ANSWERS-If the knock and notice requirements are met, including refusal, peace officers may legally break in or force entry into premises to execute a search warrant. (Penal Code Section 1531) Exception to knock and notice - ANSWERS-Officers are allowed to enter private property unannounced if: Harm to the officers or other individuals (hostages);The destruction of evidence. Ruse entry - ANSWERS-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.
END OF PAGE Surveillance - ANSWERS-It is not a search. Observations are made from a place where the officer has a right to be Exigency circumstances searches - ANSWERS-Emergency situations requiring swift action to prevent imminent danger to a persons life or safety, serious damage to property, imminent escape of a suspect, imminent destruction or removal of evidence custodial arrest - ANSWERS-Arrest in which the suspect will be transported to a station, jail, detox center, juvenile hall, or school "Arms reach" rule - ANSWERS-Officers may search any area that is or was reasonably within the arrestees control. This includes: grab a weapon, obtain any item that could be used as a weapon, or destroy evidence. Protective Sweep - ANSWERS-Brief search of a house or building to look for individuals only Warrantless arrest for misdemeanors and felonies - ANSWERS-A warrantless arrest is a violation of the fourth amendment unless it is
END OF PAGE supported by probable cause. Peace officers must comply with numerous statutory requirements. Three types of Encounters - ANSWERS-Consensual encounter, detention, arrest Detention - ANSWERS-Requires reasonable suspicion of criminal activity to make it lawful. Not free to leave, traffic stops, investigating a crime. Length of Detention - ANSWERS-Reasonable amount of time Use of force or physical restraint during a detention - ANSWERS- Officers may use reasonable force and/or physical restraint to compel the person to remain. Peace officers authority to arrest - ANSWERS--Whenever they have probable cause to believe the person to be arrested has committed a public offense (felony or misdemeanor) in their presence.
- When the person arrested has committed a felony although not in the officers presence.
END OF PAGE Domestic violence/ abuse Exceptions - ANSWERS-Are required to take the person before a judge. No cite and release. Purpose of Miranda warning - ANSWERS-Is to give crime suspects fair notice of their basic constitutional rights. 5th Amendment Volunteered statements - ANSWERS-Statements volunteered by a person, and not as a direct result of the interrogation by the peace officer and are not affected by Miranda Coercion - ANSWERS-The use of force, threats, or psychological pressure used to deprive a suspect of free choice or refusal to answer. Search - ANSWERS-occurs when an expectation of privacy that society is prepared to consider reasonable is infringed upon by the government. Appropriate actions during a detention - ANSWERS-Reasonable investigative actions:-Questioning the person about identity and conduct-Contacting other individuals (e.g. witnesses) to confirm explanations, verifying identification, or determining whether the person is wanted (warrant check)-Checking premises, examining objects, or
END OF PAGE contacting neighbors or other individuals to determine whether a crime (e.g., burglary) actually occurred-Bringing the victim to the suspect for identification purposes Arrest - ANSWERS-Taking a person into custody. Must be based on probable cause. Phone calls for an arrested adult - ANSWERS-After being booked, and within 3 hours of being arrested an adult must be allowed to make at least 3 complete phone calls. Phone calls for an arrested juvenile - ANSWERS-Immediately after being taken to a place of confinement Consensual Encounter - ANSWERS-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. Transporting a person during detention - ANSWERS-Moving a person while detained will be considered a illegal arrest. Officer's need consent from The detainees OR It's impractical to bring the witness/victim to the detainees location OR the conditions of the detention are dangerous to
