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Flashcards in Dept. Procedure 4 Deck (111)
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1

4.01 – STOP/DETENTION/PAT DOWN (02/27/2015)

It is not what the person contacted believes or should believe. It is what a reasonable person in the same circumstances would believe. True or False?

True

2

4.01 – STOP/DETENTION/PAT DOWN (02/27/2015)

Courts have used what terminology for a detention?

"Investigative stop"

3

4.01 – STOP/DETENTION/PAT DOWN (02/27/2015)

More than a hunch or speculation, but less than probable cause necessary to arrest is known as:

Reasonable suspicion

4

4.02 – EYEWITNESS INDENTIFICATION (04/04/2014)

At least how long before the live lineup the investigator should recontact the suspect and ask if whether all necessary arrangements have been made with his attorney?

One day

5

4.02 – EYEWITNESS INDENTIFICATION (04/04/2014)

If the suspect's lawyer does not appear at the lineup or indicates in any way an appearance will be made, who should the investigator contact before proceeding with the lineup?

The Deputy District Attorney handling the case.

6

4.02 – EYEWITNESS INDENTIFICATION (04/04/2014)

A suspect may waive the right to an attorney at the life lineup, but it must be done freely, intelligently, and_______.

In writing

7

4.02 – EYEWITNESS INDENTIFICATION (04/04/2014)

Who should conduct photographic lineups?

Investigative personnel only, except in very rare instances.

8

4.03 – ADMONISHMENT PROCEDURES (03/01/2014)

A person shall not be compelled in any criminal case to be a witness against himself; is what amendment of the United States Constitution?

The Fifth Amendment.

9

4.03 – ADMONISHMENT PROCEDURES (03/01/2014)

If the suspect is a juvenile, Miranda admonishment is not required unless he is questioned. True or False?

FALSE - custody alone will require an admonishment.

10

4.03 – ADMONISHMENT PROCEDURES (03/01/2014)

Can there be "custody" without an arrest?

Yes

11

4.04 – DOMESTIC VIOLENCE (08/29/2014)

In 2008, California voters passed proposition 9, a constitutional amendment known as:

Marsy's law

12

4.04 – DOMESTIC VIOLENCE (08/29/2014)

Generally, a dating relationship is considered how many dates?

Intimate association primarily characterized by the
expectation of affection or sexual involvement independent of financial considerations.

13

4.04 – DOMESTIC VIOLENCE (08/29/2014)

Per Marsy's law, "Victim" also includes the person's spouse, parents, children, siblings or guardian. True or False?

True

14

4.04 – DOMESTIC VIOLENCE (08/29/2014)

Who handles all DV crimes involving juvenile suspects?

Area stations

15

4.04 – DOMESTIC VIOLENCE (08/29/2014)

Firearms confiscated at a domestic violence incident shall be held at least how many hours?

48 hours

16

4.04 – DOMESTIC VIOLENCE (08/29/2014)

Weapons shall be made available for return to the owner when?

After 48 hours and no later than five business days.

17

4.04 – DOMESTIC VIOLENCE (08/29/2014)

Any firearm taken into custody and not recovered by the owner within______shall be treated as a nuisance unless there is an extended hearing process.

12 months

18

4.04 – DOMESTIC VIOLENCE (08/29/2014)

If a petition to destroy the weapon was filed, the owner of the weapon will be notified within how many days?

Within 60 days of the seizure.

19

4.05 – PROTECTIVE ODERS (04/26/2013)

When do EPO expire?

Within five judicial working days or seven calendar days, whichever comes first.

20

4.05 – PROTECTIVE ODERS (04/26/2013)

What is 166(C)(1)PC ?

Violation of any protective order or stay away order issued during a criminal case involving domestic violence, or elder or dependent adult abuse case.

21

4.05 – PROTECTIVE ODERS (04/26/2013)

What is 273.6 (A) PC?

Violation of protective order or restraining order.

22

4.05 – PROTECTIVE ODERS (04/26/2013)

A "No Negative Contact" order is issued in a criminal case. True or False?

TRUE

23

4.05 – PROTECTIVE ODERS (04/26/2013)

A protective order that is issued pursuant to the domestic violence prevention act may also be called as:

1. Order to show, or
2. Order after hearing

24

4.05 – PROTECTIVE ODERS (04/26/2013)

Generally, how long is an order to show cause valid for?

From 10 to 21 days, pending a formal hearing.

25

4.05 – PROTECTIVE ODERS (04/26/2013)

The order after hearing is a permanent restraining order issued after a formal hearing. How long is the order after hearing valid for?

Typically three years from the date of issuance.

26

4.05 – PROTECTIVE ODERS (04/26/2013)

A court may order a permanent restraining order remain in effect for up to how many years?

Up to five years.

27

4.05 – PROTECTIVE ODERS (04/26/2013)

A protective order is typically effective no more than how many years after issuance of the order?

No more than three years.

28

4.05 – PROTECTIVE ODERS (04/26/2013)

Restraining or protective orders are entered into what computer system?

California law enforcement telecommunications system (CLETS).

29

4.05 – PROTECTIVE ODERS (04/26/2013)

Will the Sheriff’s Department accept orders issued in other states?

Yes, if they have been filed with a California court.

30

4.05 – PROTECTIVE ODERS (04/26/2013)

In order to have a violation of a protective order, there has to be knowledge and intent. True or False?

True, the violation has to be knowing and intentional.