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Constitutional Law - Answer- The rules and provisions which are found in federal and state constitutions, specifically the Bill of Rights. Statutory Law - Answer- The laws which are enacted by a legislative body and recorded in the various state, county, or municipal codes. Case Law - 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 - 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 - 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 - 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 - 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 - 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 - 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 - 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 - Answer- When an unlawful act affects a person other than, or in addition to, the person it was intended to affect Criminal Intent - Answer- A mental state or frame of mind that the person knowingly did the particular criminal act (break the law). Criminal Negligence - Answer- A negligent act that is aggravated or reckless, and constitutes indifference to the consequences Felony - Answer- A crime punishable by a fine and/or imprisonment in state prison, death or removal from officer Misdemeanor - Answer- A crime punishable by a fine and/or imprisonment in a county jail Wobbler - Answer- A crime that can be either a felony or a misdemeanor. Principals to a crime - 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 - 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)"
recognize a peace officer's responsibility in relation to the protections included under federal civil rights - 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 - 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 - 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 - 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 - 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 - 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 - 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 - 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 - 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
recognize elements of a warrantless arrest for a felony - 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 - 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 - 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 - 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 - 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 - 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 - 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) - 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 - Answer- Miranda warning must be given when the suspect is in custody/arrested and interrogation identify the proper administration of Miranda warnings - 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" - 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 - Answer- "Types of waivers:
- expressed: answers yes/no verbally
contemporaneous - 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 - 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 - Answer- Arrest in which the suspect will be transported to a station, jail, detox center, juvenile hall, or school 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) direct evidence - 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 - Answer- Evidence that will change or be lost over time exigent circumstances - 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 - 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 - 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 - Answer- Before entering a dwelling to serve a search warrant, officers must give notice to persons inside through certain actions motor vehicle - Answer- Self-propelled vehicle (e.g., automobiles, airplanes, buses, recreational vehicles, carts, etc.) nexus - Answer- A reasonable connection or link between two or more items objective reasonableness - Answer- Whether society is prepared to recognize an individual's expectation of privacy as reasonable open fields - Answer- Outdoor real property, outside the curtilage of the residence overflight - Answer- Flight of a plane or helicopter over a given area
parole - 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 - Answer- Passenger Compartment can be considered to include all areas accessible to occupants within the vehicle 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) plain view - 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 - 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 - Answer- Additional show of need, beyond the usual probable cause, required for bodily intrusion warrants probable cause to search - 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 - Answer- Sentencing alternative for a person convicted of a criminal offense granted at a judge's discretion protective search of a vehicle - Answer- Limited warrantless search of the passenger compartment of a vehicle for weapons protective sweep - Answer- Brief search of a house or building to look for individuals only public access area - 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 - 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 - 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)
1524 PC presents statutory grounds for issuance of a search order when the property or thing: - 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: - 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 - 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 - Answer- - A crime has been committed
- The individual to be arrested committed that crime What is the rationale that a crime occurred? - 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? - 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? - 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: - 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? - Answer- 10 calendar days from issuance When can a search warrant be served? - Answer- Execution must begin between 0700 and 2200 hours What are the good cause situation for a nighttime service? - 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
*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: - 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: - 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? - Answer- - Flashlights
- Night vision devices
- Binoculars
- Dogs Exceptions to the usual search warrant requirements include: - 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: - 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: - 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: - 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: - 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: - 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? - Answer- - when the consent is voluntary
- obtained from a person with apparent authority Express consent occurs when - Answer- - the consent person clearly authorizes the search either orally or in writing
Examples of imminent danger to life: - Answer- - sick or injured person
- child abuse
- violent assault
- domestic violence Examples of imminent danger to property: - Answer- - burglary in progress
- other emergencies i.e. fire, dangerous chemicals or explosives Hot pursuit - 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 - 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: - 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: - 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: - 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: - 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 - 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 - 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 - 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: - Answer- - the vehicle must have been lawfully stopped or otherwise lawfully accessible
