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1st Codes > RBC 1 > Flashcards

RBC 1 Flashcards

1
Q

General intent crimes

A

Intent is presumed, does not have to be proven. Description of a particular act without reference to intent

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2
Q

Felony

A

Crime punishable by fine and/or imprisonment in state prison, removal from office, death

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3
Q

Infraction

A

Offense punishable by fine

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4
Q

Misdemeanor

A

Crime punishable by fine and/or imprisonment in county jail

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5
Q

Specific intent crimes

A

An element of the crime must be proven/cannot be presumed

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6
Q

Statutory law

A

Written laws enacted by legislative body. All crimes in CA are statutory. No statue = no crime. Punishment must be provided. Cannot make law to punish after the fact (ex post facto law)
Codes and ordinances made by state, county, municipality

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7
Q

Case law

A

Appellate court decisions provide precedent to interpret/clarify laws

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8
Q

Criminal law

A

Violations of criminal statutes. Public wrongs against all people of the state. State prosecutes to punish

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9
Q

Civil law

A

Non criminal tort against another person. Breach of contract. To make wronged party whole through monetary compensation. Peace officers maintain peace for civil disputes

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10
Q

Elements of a crime

A

The basic facts that must be proven to sustain conviction. If an element is missing the crime is not complete

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11
Q

Criminal intent

A

All crimes require intent to distinguish from an accident/mistake

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12
Q

Criminal negligence

A

In certain crimes meets need for criminal intent. Failure to exercise ordinary care. Aggravated or reckless indifference to consequences

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13
Q

PRCS, Mandatory supervision, probation, parole

A

(Post release community supervision) officers should establish whether a person is on any of these by asking if they are on parole, probation, or supervision

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14
Q

Parole, PRCS

A

Can search person, vehicle, residence, property under their control

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15
Q

Principle

A

All principles can be arrested/prosecuted. Directly committed offense, aided and abetted, advised and encouraged, counseled/advised/encouraged under 14 y/o or mentally incapacitated, by fraud/contrivance/force/drunkenness/threats/menace/command/coercion

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16
Q

Aid and abet

A

Guilty knowledge of intent and active assistance

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17
Q

Accessory

A

Has knowledge the principle committed felony, harbors/conceals/aids, assists to avoid arrest/conviction/punishment

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18
Q

Accomplice

A

A principle who testified for the prosecution against another principal

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19
Q

Witness

A

Any person having knowledge of existence/non existence of facts relating to any crime, whose declarations under oath is received as evidence, who has reported any crime, who has been served a subpoena, who could be believed by any reasonable person to be one of the previously mentioned

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20
Q

Victim

A

Any person any crime has been perpetrated or attempted against

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21
Q

Malice

A

Intent to vex, annoy, harm, injure another

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22
Q

Intimidating a witness

A

Pc 136.1(a) any person who knowingly dissuades any witness or victim from attending/giving witness at trial

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23
Q

Threats of retaliation

A

Pc 140 person who willfully uses force/threatens to use force or violence upon witness or take/damage witness/victim property for assisting law enforcement

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24
Q

Resist obstruct delay public officer, peace officer, emt pc 148(a)(1)

A

Any person who resists delays obstructs from performing their duties

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25
Q

Peace officer

A

Police officer and up, deputy and up, marshals, DA investigators, chp

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26
Q

Public officer

A

Building inspector, health inspector, meter maid

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27
Q

Executive officer

A

Peace officer, DA, city attorney, police commissioner

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28
Q

Pc 71 and 69

A

69 is for executive officers 71 is for public officers and school officials
Threat or violence to deter them in performing duties

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29
Q

Disarming officer

A

148(c) firearm
148(b) baton, OC
^require 148(a)(1) for intent
148(d) attempt to remove/take firearm

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30
Q

Escape

A

836.6(a) after seeing judge
836.6(b) after arrest before judge
Misdemeanors unless causes sbi
4530 from prison felony
4532 from jail felony

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31
Q

Rescue

A

4550 rescue/attempt from place of confinement / felony

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32
Q

Presenting false ID

A

148.9 misdemeanor

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33
Q

Falsely reporting a crime

A

148.5 misdemeanor

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34
Q

Emergency

A

Any condition that could result in response of authorized emergency vehicles

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35
Q

Falsely reporting crime

A

148.3(a) misdemeanor
148.3(b) likely to cause gbi felony

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36
Q

Falsely reporting destructive device

A

148.1(a) felony

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37
Q

Unlawful assembly 407

A

Assembling to do an unlawful act or lawful act in violent boisterous tumultuous manner
Misdemeanor

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38
Q

Refuse to disperse 416(a)

A

Misdemeanor

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39
Q

Objective reasonableness standard

A

Graham v Connor - graham factors
-suspect posed immediate threat to officer/others (most important)
-severity of crime
-degree of active resistance
-whether suspect was attempting to evade arrest by flight
-split second judgment under tense/uncertain/rapidly evolving circumstances

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40
Q

Reasonable officer standard

A

Would another officer facing similar circumstances act in the same way

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41
Q

834a

A

Duty of people to submit to authority of officer when being detained or arrested

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42
Q

PC835

A

Objectively reasonable force may be used to effect arrest, prevent escape, overcome resistance

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43
Q

Deescalation

A

Self control, effective communication, scene management, force options
Voice, neutrality, trustworthiness, and respect

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44
Q

Use of force

A

-Use force objectively reasonable under totality of circumstances
-use amount of force objectively reasonable to overcome resistance/gain control
-conform to agency polity, federal/state law

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45
Q

Factors affecting selection of force

A

-public/officer safety
-amount/nature of resistance
-presence of a weapon
-nature of offense
-characteristics of suspect vs officer
-availability of assistance
-nature of surroundings

46
Q

835a(c) use of deadly force

A

Peace officer is justified in using deadly force only when officer believes, based on totality of circumstances, such force is necessary to defend against imminent threat of death/sbi to officer/others

47
Q

Tennessee v garner - Peace officer use of deadly force for fleeing suspect

A

Only may use deadly force to prevent escape if officer has probable cause to believe suspect poses significant threat of death/sbi to officer or others

48
Q

Serious bodily harm/injury

A

Serious impairment of physical condition (loc, concussion, bone fracture, impairment of any organ, extensive suturing, serious disfigurement)

49
Q

Imminent

A

Ability, opportunity, apparent intent to immediately cause death/sbi

50
Q

Sufficiency of fear

A

-Objective factors to justify concern
-objectively reasonable
-based on facts known to officer at the time

51
Q

US constitution

A

1789 form more perfect Union, establish justice, ensure domestic tranquility, provide for common defense, promote general welfare, secure blessings of liberty

52
Q

4th amendment

A

The right of people to be secure in their persons, houses, papers, effects against unreasonable searches and seizures, shall not be violated and no warrants issued, but in probable cause supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized

53
Q

Reasonable suspicion for detention

A

Sufficient facts and information to reasonably suspect criminal activity may be occurring and person detained is connected to that activity

54
Q

Probable cause to arrest

A

Totality of circumstances would cause a person of ordinary care/prudence to entertain strong suspicion person to be arrested is guilty of a crime

55
Q

Search

A

Reasonable expectation of privacy infringed on by government

56
Q

Seizure of property

A

Meaningful inference on possessory interest in property

57
Q

5th amendment

A

Cannot be compelled to self incriminate (Miranda)
Not be tried twice for same crime
Cannot be deprived of life/liberty/property without due process of the law

58
Q

6th amendment

A

-Speedy trial
-confront witnesses against them
-assistance of counsel in court proceedings

59
Q

14th amendment

A

Due process and equal protection to all

60
Q

Color of the law

A

Action carried out as if under authority of the law but done in violation of the law. Can be held personally liable for this breach

61
Q

Title 18

A

Section 241 - conspiracy to suppress any civil right is a crime
Section 242 deprivation of civil right under color of law is a crime

62
Q

Consensual encounter

A

Contact when a reasonable person would believe they are free to leave/not cooperate. Must be in a place legally with right to be there

63
Q

Detention

A

Detain to investigate criminal activity based on reasonable suspicion that criminal activity has taken place/is going to take place and person detained is connected to that activity. Person not free to leave during investigation. Flight itself does not establish reasonable suspicion. Take whatever investigative actions are reasonable given circumstances to determine possible participation in a crime. Person must be released or arrested. Generally, transporting suspect will elevate detention to arrest. Failure of cooperation during detention is not probable cause to arrest

64
Q

Cursory/pat/terry search

A

Must be specific facts causing officers to believe suspect might have weapon
-pat down of outer clothing
-to locate weapons
-not a search for contraband
-contraband immediately recognized may be removed/questioned which may lead to arrest and full custody search

65
Q

Arrest PC 836

A

Probable cause based on set of facts causing prudent/honest person to have strong belief arrested person is guilty of the crime.
Based on: direct investigation, circumstantial evidence, second hand statements from reliable witnesses
Full seizure of person by restraint or submission

66
Q

PC 836 allows officers to make arrests

A

With warrant
Without warrants
-felony or misdemeanor committed in your presence
-felony not in your presence
-probable cause to believe arrested has committed felony

67
Q

Information given to Arrestee

A

Intent - Officers must tell person they are being arrested
Cause - tell reason for the arrest
Authority - identify your authority (uniform/marked car can satisfy)

Not required when suspect is actually committing the crime or attempting to escape

68
Q

Warrantless misdemeanor arrest

A

In officers presence or:
-juvenile
-DUI
-loaded firearm in public/vehicle
-violating DV restraining order
-assault/battery on spouse, cohabitant,parent of child in common
-assault/battery on school property while in session
-assault/battery on working firefighter/emt
-concealed firearm at airport

69
Q

Warrantless arrest times

A

Felony-anytime
Misdemeanor/infraction 6-2200 unless in presence/arrested in public place/person already in custody for another lawful arrest

70
Q

Arrest warrant

A

Written order signed by magistrate to arrest person named for offense named - based on probable cause

Name, crime suspected, time issued, location issued, signature of magistrate, name of issuing authority, amount of bail

71
Q

Ramey/pre complaint warrant

A

-Written/oral statement of probable cause
-magistrate evaluates
-issues warrant if probable cause

72
Q

Knock and notice

A

Announce presence
Identify yourself
State purpose
Demand entry
Wait reasonable time
Force entry if necessary

Not needed with:
Consent
Hot pursuit
Imminent threat to life/property/escape/destruction of evidence

73
Q

853.6

A

Person arrested without a warrant for misdemeanors are cite and release with some exceptions:
-intoxicated/danger to themself or others
-unable to care for own safety
-arrested for more than one circumstance of VC 40302 40303
-one or more outstanding arrest warrant
-could not provide satisfactory ID
-prosecutor of suspect in immediate danger if released
-offense likely to resume
-person wants to see magistrate
-reason to believe person will not appear as specified in cite
-subject to 1270.1

74
Q

849(b)

A

Release from custody for:
-insufficient grounds
-intoxication only
-intoxicated/drugs taken to hospital
-DUI taken to hospital
-taken to mental health hospital

75
Q

Arraignment

A

Probable cause judicial determination for Warrantless arrest within 48hrs of arrest

76
Q

Phone calls

A

3 calls within 3 hours of arrest/after booking for adult
2 calls within 1 hour of confinement

77
Q

Statute of limitations

A

Must be formally charged for:
Misdemeanor within 1 yr
Felony within 3 years
Crime punishable by death no limit
Sex crimes/children vary

78
Q

Miranda warning

A

Given at start of custodial interrogations. Must understand and invoke or waive right
-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

79
Q

Interrogation

A

Direct questioning about crime likely to elicit incriminating response

80
Q

Miranda waiver

A

Expressed - yes/no
Implied - exhibits conduct indicating waiver of rights
Conditional - limitations on questions answered

Can change mind at any time and invoke rights

81
Q

Right to council

A

Have to clearly request attorney. All interrogation must stop until attorney present

82
Q

Right to remain silent

A

All interrogation must stop until:
Time has passed, officers have new information, want to discuss different crime. Must re advise Miranda prior to questioning again

83
Q

Re initiating questioning

A

Suspect changes mind and wants to talk. Re-give Miranda, obtain express waiver, interrogate, re initiate any statement given

84
Q

Miranda for minor

A

Same as adults
Minor shall consult with legal counsel in person/phone/video before custodial interrogation. May not be waived

85
Q

Exception to Miranda

A

The concern for public safety

86
Q

Interview

A

Gather information to:
-determine if crime took place
-identify and locate victims/witnesses
-identify possible suspects
-generate crime broadcast for dispatch

87
Q

Confession

A

Commission of all elements of the crime

88
Q

Admission

A

Certain facts about the crime but not everything

89
Q

Subterfuge

A

Deception as a tactic for interrogation

90
Q

Reasonable expectation of privacy

A

Individuals have indicated that they expect privacy in object or area and society is willing to recognize that as legitimate

91
Q

Subjective expectation of privacy

A

Persons state of mind demonstrated by actions designed to protect their privacy (fence, shades, locks)

92
Q

Open fields

A

Area open to public view lack reasonable privacy from 4th amendment

93
Q

Standing

A

Established by ownership, lawful possession, authority, control of area/property
Need standing to challenge a search/seizure

94
Q

Probable cause to search

A

Fair probability/substantial chance that an item sought is located in area to be searched
A crime has occurred or is about to occur
Evidence to that crime exists
The evidence is located where you wish to search

95
Q

Exclusionary rule

A

If court finds search/seizure not reasonable items seized could be ruled inadmissible as evidence

96
Q

Search warrant

A

An order in writing, in the name of the people
Signed by magistrate
Directed to a peace officer
Commanding to search for individual/thing/property
To bring before magistrate

97
Q

Pc 1524 statutory grounds for issuance of search warrant

A
98
Q

Pc 1529 1533 warrants include

A

Name(s) of those who swore probable cause to be true
Statutory grounds for issuing warrant
Description of place(s)/person(s) to be searched
Description of property to be seized
Magistrates signature
Date issued
Indication if nighttime service is authorized

99
Q

Probable cause to search

A

Reasonable inference-drawing conclusions from facts
Direct evidence-proves fact directly
Circumstantial evidence-deductions must be drawn by jury/court

100
Q

Freezing

A

While obtaining a search warrant, based on exigencies, an officer may secure an area to be searched

101
Q

PC 1534 Time limits for service

A

10 days starting day after issuance to execute search warrant (no weekend/holiday consideration)
10 days to return warrant/inventory to magistrate (if falls on weekend/holiday rolls to next business day)
Search warrants served 7-2200

102
Q

Detaining persons during search warrants

A

May detain/pat search anyone present with connection to premises

103
Q

Nexus rule

A

Officers may seize contraband not listed on search warrant while conducting lawful search

104
Q

Plain view seizure

A

If officer is legally allowed to be there, may seize contraband in plain view. Need probable cause item to be seized is contraband

105
Q

Exigency circumstances to search

A

Imminent danger to persons life
Serious damage to property
Imminent escape of suspect
Imminent destruction or removal of evidence
Can only freeze then obtain warrant

106
Q

Arms reach search

A

Upon arrest officer may search area reasonably within arrestee control

107
Q

Protective sweep

A

Brief search for individuals only in areas adjoining area of arrest

108
Q

Vehicle search (vehicle exception)

A

May do Warrantless search based on probable cause vehicle contains contraband/evidence of a crime. Must be lawfully detained. Scope of search depends on probable cause items sought may be reasonably located

109
Q

Vehicle search timing

A

Doesn’t have to take place immediately. Can be towed and searched later as long as there is still probable cause

110
Q

Protective search of vehicle

A

Limited Warrantless search for weapons when lawfully detained based on specific facts. Only reasonable suspicion like a pat search. Only passenger compartment

111
Q

Protective sweep of vehicle

A

Officer may perform search of vehicle when arresting passenger if arrestee is unsecured, has reachable access to vehicle, officer has reasonable suspicion. Trunk not included in scope

1st Codes (14 decks)

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