SPOA MOU, POBR (3300 Government Code), Roll Call Training Bulletins 02,03,07,08,09,13,14,18,19,20. Week 12

Question 1

The responsibilities of SPD and CPS are set out in an MOU. The relevant portions of the MOU state it is SPD’s responsibility to:

a) Ensure the safety of the social worker.
b) Maintain the peace at the scene.
c) participate and assist in the safe removal of the juvenile
d) all of the above
e) a and b only

Answer 1

e) a and b only

Question 2

In Calbretta v. Floyd, a police officer was dispatched to assist CPS with an investigation. The investigation pertained to a report that a neighbor heard a child saying “no, no, no” twice, once at 1:30 a.m., and once late in the afternoon. The CPS worker told the officer they had received a report of children crying and the officer understood that the children may have been beaten. The officer forced entry into the home to allow CPS to investigate.

a) The Court of Appeals for the Ninth Circuit found entry into the home to be within the scope of the exception to the warrant requirement. The court noted that exigent circumstances to justify the warrantless entry existed based on immediate and imminent danger to the children.
b. The Court of Appeals for the Ninth Circuit refused to grant the officer immunity for entry into the home, finding no exception to the warrant requirement. The court noted the absence of any exigent circumstances to justify the warrantless entry.
c) The Court of Appeals for the Ninth Circuit found entry into the home to be within the scope of the exception to the warrant requirement based only if CPS enters the home first.
d) none of the above

Answer 2

b. The Court of Appeals for the Ninth Circuit refused to grant the officer immunity for entry into the home, finding no exception to the warrant requirement. The court noted the absence of any exigent circumstances to justify the warrantless entry.

Question 3

Officers are encouraged, to take enforcement action, based on reasonable suspicion and/or probable cause through citizen complaints with canvassers and solicitors in violation of 5.116.120 SCC.

a) true
b) false

Answer 3

a) true

Question 4

The Supreme Court concluded that a two-week break in custody after a suspect’s initial questioning is enough to “dissipate any residual coercive effects of his prior custody.” Regardless if that two weeks takes place as a result of a released from police custody or being released back into jail or prison.

a) true
b) false

Answer 4

a) true

Question 5

As far as Ramey is concerned, a person standing in the doorway is in a public place.

a) True
b) false

Answer 5

a) True

Question 6

Arresting a subject by reaching inside or taking 1-2 steps inside the doorway are without
a California “bright line rule.” The closest cases are federal appeals court rulings which provide that Ramey is not violated if:

a) the subject freely opened the door and was exposed to public view
b) officers did not misrepresent their identities or otherwise use subterfuge to cause the door to be opened.
c) Both a and b
d) none of the above – there is no “bright line rule” and the warrantless entry into the doorway was illegal.

Answer 6

c) Both a and b

Question 7

If the arrestee is a 290 registrant and they have __ prior conviction (petty theft, grand theft, auto theft under Section 10851 of the Vehicle Code, burglary, carjacking, robbery, or a felony violation of Section 496) and they have served at least __ day for the conviction (or probation violation of same), then PC 666 may be charged as a felony (wobbler) on the second arrest. The charge would be PC 666 (b) (1).

a) 3, 1
b) 1, 1
c) 2, 1
d) none of the above

Answer 7

b) 1, 1

Question 8

Please be advised that on January 1, 2011, legislative changes to P.C. 487 will take effect. Pursuant to A.B. 2372, the dollar threshold for P.C. 487 will change from ___to____.

a) $400 to $900
b) $450 to $975
c) $499.99 to $999.99
d) $400 to $950

Answer 8

d) $400 to $950

Question 9

The provision of Section 9.12.220 (Hosting a gathering where minors consume alcoholic beverages prohibited) shall NOT apply to a social host who initiates contact with law enforcement to assist in the removal of any person from a gathering or terminating the gathering in order to comply with this article, provided that such request by made BEFORE any other person contacts law enforcement to complain about the gathering.

a) true
b) false

Answer 9

a) true

Question 10

Regarding social hosts in violation of Section 9.12.220: Sergeants are encouraged to authorize the entry of a premise history to the location with an expiration of ___ days from the violation. This will help ensure that responding officers from different shifts or with different days off will be made aware of the initial social host response.

a) 30
b) 60
c) 90
d) 120

Answer 10

b) 60

Question 11

The Sacramento City Attorney’s Office recommends that the SPD take a proactive approach and arrest or issue a citation any subject that has been arrested by a private citizen during a labor dispute.

a) true
b) false

Answer 11

b) false

Question 12

The judge may elect to sign a DUI warrant electronically.

a) True
b) false

Answer 12

a) True

Question 13

The officer who wrote the DUI SW typically is required to be the same officer to have the judge sign the SW return unless exigent circumstances arise.

a) true
b) false

Answer 13

b) false

Question 14

A public safety officer may be loaned or temporarily reassigned to any reasonable location or duty assignment based on the department’s needs regardless if a sworn member of his or her department would not normally be sent to that location or would not normally be given that duty assignment under similar circumstances.

a) true
b) false

Answer 14

b) false

Question 15

Except as provided in this subdivision and subdivision (g), no punitive action, nor denial of promotion on grounds other than merit, shall be undertaken for any act, omission, or other allegation of misconduct if the investigation of the allegation is not completed within _____ year(s) of the public agency’s discovery by a person authorized to initiate an investigation of the allegation an act, omission, or other misconduct.

a) one
b) two
c) three
d) none of the above

Answer 15

a) one

Question 16

If the public safety officer may wave the one-year time period in writing, the time period shall be tolled for the period of time specified in the written waiver.

a) true
b) false

Answer 16

a) true

Question 17

A public safety officer shall be compelled to submit to a lie detector test against his or her will.

a) true
b) false

Answer 17

b) false

Question 18

No public safety officer shall have his locker, or other space for storage that may be assigned to him searched except:

a) in his presence
b) with his consent
c) a valid search warrant has been obtained
d) all of the above

Answer 18

d) all of the above

Question 19

When an employee is notified that he/she shall be subject to an IA interview, he/she shall be informed whether he/she is a witness or a principal. The employee shall normally be notified of the nature of the investigation no later than _____ before the interview.

a) the day
b) 5 working days
c) 48 hours
d) 30 days

Answer 19

a) the day

Question 20

In no event shall an officer be brought to IAS, for questioning, or be required to answer allegations regarding (____) complaints received anonymously without independent corroborating information.

a) Frivolous
b) Minor
c) Major
d) Sustained

Answer 20

b) Minor

Question 21

CIU, Gangs, PSD, SID, CCAT are all units that are not included in the 5 days notice/change of shift.

a) True
b) False

Answer 21

a) True

Question 22

A full-time employee shall accumulate sick leave credits at the rate of (__) Day(s) per month

a) ½ day
b) 1 day
c) 1 ½ day
d) 1 ¼ day

Answer 22

b) 1 day

Question 23

Full-time career employees who are pregnant shall be eligible for a maximum City-paid pregnancy disability leave of (_) weeks

a) 2
b) 4
c) 6
d) 8

Answer 23

b) 4

Question 24

In addition to pregnancy disability leave, an eligible employee may request parental leave for a maximum of (______) month(s) of leave by utilizing accrued
hours of vacation, compensatory time off (CTO), holiday, sick leave and/or unpaid leave.

a) 5
b) 7
c) 8
d) 10

Answer 24

b) 7

Question 25

To be eligible to use donations, an employee must have exhausted all usable balances, including sick leave.

a) True
b) False

Answer 25

a) True

Question 26

Full-time career employees who have completed (__) full years of service shall be credited with twenty-four (24) hours of personal leave.

a) 5
b) 10
c) 15
d) 20

Answer 26

b) 10

Question 27

An officer will receive a minimum of six (6) hours supplemental outside employment pay for each assignment regardless of actual time worked.

a) True
b) False

Answer 27

b) False, 4 hours

Question 28

Pursuant to the MOU with CPS, officers should participate in the removal and should standby upon request to ensure the safety of the parties and keep the peace.

a) True
b) False

Answer 28

B Should not participate but should keep the peace

Question 29

“Miranda” Maryland v. Shatzer” The Supreme Court concluded that a (____) break in custody after a suspect’s initial questioning is enough to “dissipate any residual coercive effects of his prior custody.”

a) 1 week
b) 2 week
c) 3 week
d) 4 week

Answer 29

b) 2 week

Question 30

“Ramey Warrant” A ruse or subterfuge may even be used to get the person to exit. This would not be violation of Ramey.

a) True
b) False

Answer 30

a) True

Question 31

As far as Ramey is concerned, a person standing in the doorway is in a (_______).

a) Private place
b) Unreachable per Ramey
c) Public Place
d) None of the above

Answer 31

c) Public Place

Question 32

You are at Jo Blow’s house to arrest John Blow for a felony warrant. John Blow opens the door and backs in two feet. You are certain that it is John Blow. Can you step in to affect the arrest?

a) Yes
b) No

Answer 32

A – Arresting a subject by reaching inside or taking 1-2 steps inside the doorway are without a California “bright line rule.” The closest cases are federal appeals court rulings which provide that Ramey is not violated if 1) the subject freely opened the door and was exposed to public view and 2) officers did not misrepresent their identities or otherwise use subterfuge to cause the door to be opened.

Question 33

Activity protected by the California Constitution or the United States Constitution. Protected activity includes: All except:

a) Collecting signatures for petitions.
b) Expressing political opinions.
c) Collecting donations for a charitable or political cause.
d) Blocking entrances to business

Answer 33

d)Blocking entrances to business

Question 34

State law imposes a mandatory duty on a peace officer to take custody of an individual who has been arrested by a private person (PC 142(c)).

a) True
b) False

Answer 34

b) False

Question 35

Officers responding to a second call for service within (_____) to the same location where alcoholic beverages are being served to, possessed by or consumed by any minors are encouraged to complete a second information report that contains the above described information with addition to a misdemeanor citation number. This report should reference the initial information report and date.

a) 20 day
b) 30 day
c) 45 day
d) 60 day

Answer 35

d) 60 day

Question 36

Fire Paramedics are the authorities who are charged with determining whether a subject/suspect is transported for medical treatment per Sacramento EMS’ protocols. Law enforcement agencies should not attempt to influence paramedics to release or “clear” subjects for transport to jail.

a) True
b) False

Answer 36

a) True

Question 37

When assisting CPS in taking custody of children, the concern is that officers will become liable for the actions of CPS.

a) True
b) False

Answer 37

a) True

Question 38

The Supreme Court concluded that a two-week break in custody after a suspect’s initial questioning is enough to “dissipate any residual coercive effects of his prior custody.”

a) True
b) False

Answer 38

a) True

Question 39

Officers may Arrest a subject by reaching inside or taking 1-2 steps inside the doorway are without a California “bright line rule.” The closest cases are federal appeals court rulings which provide that Ramey is not violated if 1) the subject freely opened the door and was exposed to public view and 2) officers did not misrepresent their identities or otherwise use subterfuge to cause the door to be opened.

a) True
b) False

Answer 39

a) True

Question 40

According to an MOU with CPS, officers shall participate in the removal of a child from a scene, even without a warrant.

a. True
b. False

Answer 40

B (“Officers should not participate in removal, but should standby upon request to ensure safety.”)

Question 41

Which of the following is not a step that officers should take to when on a CPS assistance?

a. Document in I-report lack of exigency and limited role of officers.
b. Advise all parties of limited purpose to ensure safety and keep peace.
c. Aid in kicking doors, carrying kids and collecting belongings.
d. When possible, stay out of house and monitor from afar.

Answer 41

c. Aid in kicking doors, carrying kids and collecting belongings.

Question 42

Officers are dispatched to assist CPS conduct a welfare check inside Dope Rios. Consent search of the home reveals largely unsanitary and deplorable conditions but nothing that would cause serious bodily harm. CPS advised they had been at the location a week prior and found the home and children in the same condition. Can the officers and CPS remove the children without a warrant?

a. No, lack reasonable cause to place in PC.
b. Yes, haven’t you seen Kaneyuki on the news?

Answer 42

a. No, lack reasonable cause to place in PC.

Question 43

A subject under 18 years of age may decline all or part of the assessment, emergency treatment and/or transportation.

a. True
b. False

Answer 43

B (Can not decline!)

Question 44

The manager of a “Sales Crew” is the only subject required to possess a permit from City Hall.

a. True
b. False

Answer 44

B (Each subject required to obtain their own permit.)

Question 45

John was arrested and interviewed for child abuse, but invoked Miranda citing that he wanted a lawyer. Three years later, the same detective approached John with new information pertaining to the same case. This time, John waiver his rights and provided a statement. Legal?

a. No, John already invoked his Miranda rights.
b. Yes, gap of at least 14-days allowed break in coercive custody.

Answer 45

b. Yes, gap of at least 14-days allowed break in coercive custody.

Question 46

In order to be in compliance with Ramey, what must be true when making a warrantless arrest inside the doorway of a location?

a. Subject freely opens the door, exposing to public view.
b. Subject ordered to open the door.
c. Officers did not misrepresent their identities.
d. Both A and B
e. Both A and C

Answer 46

e. Both A and C

Question 47

When must officers comply with Ramey?

a. When they enter a home or other private structure.
b. When they lack probable cause to arrest.
c. When they plan to arrest an occupant.
d. All of the above.
e. Both A and B
f. Both B and C

Answer 47

F (“Without a warrant, police may not enter a residence to effect an arrest absent consent or emergency.”)

Question 48

9. According to the Sacramento County District Attorney’s Office, there must be _____ prior convictions of 666 PC, with at least ______ day(s) served for each conviction.

a. 1 / 3
b. 2 / 3
c. 3 / 1
d. 3 / 2

Answer 48

c. 3 / 1

Question 49

When can a felony charge of 666 PC be charged on the second arrest?

a. 290 registrant with at least one day served for prior 666 PC.
b. Parolee with one prior and 30 days served.
c. Parolee with one strike and at least one day served for prior 666 PC.
d. Both A and B
e. Both A and C

Answer 49

e. Both A and C

Question 50

In accordance with Sacramento City Code 9.12.200, a gathering is defined as a party, event or other meeting where three or more persons have assembled or are assembling for a social occasion or social activity.

a. True
b. False

Answer 50

B (Two or more people.)

Question 51

A social host who is presumably aware that a minor is in possession and/or consuming alcoholic beverages at a gathering, is in violation of a SCC, except during which of the following events?

a. Graduation party from high school.
b. Graduation party from a private high school.
c. A family gathering.
d. None of the above.

Answer 51

c. A family gathering.

Question 52

When officers respond to a social gathering in violation of SCC’s Social Host Ordinance, what should the sergeant do?

a. Ensure incident report is generated to name host, address, date/time and name/badge of first responders.
b. Authorize premise history for 60 days.
c. Notify Fiscal of the event via telephone, or email if after hours.
d. All of the above.
e. Both A and B
f. Both B and C

Answer 52

e. Both A and B

Question 53

602.1 PC applies to persons collecting signatures for petitions, expressing political opinions and collecting donations for charitable or political causes.

a. True
b. False

Answer 53

B (Does not apply, as long as acting lawfully, not blocking entrance/exits, not threatening, not littering, etc.)

Question 54

In light of the recent McNeely ruling regarding the adhesion to the Fourth Amendment requirement for non-consensual blood draws, officers are not required to provide a field receipt for blood taken.

a. True
b. False

Answer 54

B (SPD 779, Field Evidence Receipts, are required per the search manual and Department GO’s.)

Question 55

16. Public safety officers may not be coerced or required to engage in political activity.

a. True
b. False

Answer 55

B (May not if prohibited by law, on duty or in uniform - otherwise, good to go.)

Question 56

Which of the following is false when concerning the interrogation of a public safety officer?

a. Interrogation shall be conducted at a reasonable hour.
b. If interrogation occurs during off-duty time, officer shall be compensated.
c. Interrogations may be carried out by as many as three interrogators at a time.
d. Officer shall be informed of the nature of the investigation prior to start.

Answer 56

C (No more than two at a time.)

Question 57

Which of the following may be released to the press or news media with the express consent of an officer?

a. Home address
b. Telephone number
c. Photograph
d. All of the above

Answer 57

c. Photograph

Question 58

How many days does an officer have to file a written response to any adverse commented entered into their personnel file?

a. 7 days
b. 12 days
c. 15 days
d. 30 days

Answer 58

d. 30 days

Question 59

A. List the five Core Principles that will be used to “Make Sacramento the Safest Big City in California.”

a. ____________
b. ____________
c. ____________
d. ____________
e. ____________

Answer 59

a. Protect our community
b. Partnerships
c. Professionalism
d. Prevention and intervention
e. Ownership

Question 60

Upon receipt of a letter of reprimand, employees may appeal to the Labor Board or their designee within _____ calendar days of receiving the letter.

a. 5
b. 7
c. 12
d. 30

Answer 60

b. 7

Question 61

Employees have _____ days to appeal all formal discipline except a _____.

a. 10 – documented counseling
b. 15 – documented counseling
c. 10 – letter of reprimand
d. 15 – letter of reprimand

Answer 61

d. 15 – letter of reprimand

Question 62

Under current City policy, a career employee receiving _____ garnishments (not released) within _____ years shall receive a written letter of reprimand, and on receipt of the _____ garnishment within _____ years, the employee shall be terminated.

a. 2 within 2 years and 3rd within 2 years
b. 3 within 2 years and 4th within 3 years
c. 2 within 3 years and 3rd within 2 years
d. 3 within 3 years and 4th within 3 years

Answer 62

d. 3 within 3 years and 4th within 3 years

Question 63

When an employee calls in sick or leaves their shift ill, the supervisor is responsible for:

a. Notifying the communications center
b. Completing Report of Illness Form
c. Completing Report of Illness Form and notifying communications center
d. Completing Report of Illness Form and notifying superiors

Answer 63

d. Completing Report of Illness Form and notifying superiors

Question 64

Employees receiving offers of a donated vehicle shall forward a memo to:

a. Their immediate supervisor
b. Watch Commander
c. Office Chief
d. COP

Answer 64

c. Office Chief

Question 65

Per Civil Service Rule 9, resigning employees have _____ (excluding weekends and recognized City holidays) to withdraw their notice of resignation. After the notice has been filed with City Personnel, it may only be rescinded with the approval of _____.

a. 48 hours / COP
b. 48 hours / City Manager
c. 72 hours / COP
d. 72 hours / City Manager

Answer 65

b. 48 hours / City Manager

Question 66

Photographs may only be taken of arrested felony and misdemeanor arrestees where investigative needs exist. Detained subjects require reasonable suspicion and approval of an employee’s immediate supervisor.

a. True
b. False

Answer 66

b. False

Question 67

The Department’s Safety Committee contains a representative from Local 39.

a. True
b. False

Answer 67

a. True

Question 68

When training/re-training is recommended, the _____ of the Collision Review Committee shall ensure the employee’s _____ receives the necessary documentation to schedule and conduct the training.

a. Secretary / Division commander
b. Chair / Division commander
c. Training LT / Office Chief
d. Chair / Office Chief

Answer 68

b. Chair / Division commander

Question 69

When an employee is released from duty, the employee’s _____ shall obtain all Department issued equipment from the employee and return it to the EPS Armory.

a. Watch Commander
b. Division Captain
c. Office Chief
d. None of the above

Answer 69

D (Immediate supervisor)

Question 70

Quantities of dried marijuana greater than _____ and less than _____ shall require five random samples that shall not exceed _____.

a. 3 ounces / 10 pounds / 5 ounces
b. 2 ounces / 20 pounds / 2 ounces
c. 2 ounces / 10 pounds / 2 ounces
d. 3 ounces / 15 pounds / 3 ounces

Answer 70

c. 2 ounces / 10 pounds / 2 ounces

Question 71

All of the following are events requiring a sergeant to burn and book a copy of the ICC footage except:

a. Homicide investigation
b. Officer involved shooting
c. In-custody death investigation
d. Pursuit
e. Major officer involved collision
f. Upon direction of a lieutenant or designee

Answer 71

d. Pursuit

Question 72

When dealing with a bias motivated crime, field supervisors shall complete the following, except:

a. Ensure victim is aware of groups/organizations that provide support/assistance
b. When incident takes place during normal business hours, notify appropriate investigative unit
c. Enter the victim’s address and suspect information into WSIN
d. Inform station commander

Answer 72

c. Enter the victim’s address and suspect information into WSIN

Question 73

Pursuant to Government Code 12525, the _____ shall complete and forward a Death in Custody form (SPD 920) to the _____ within _____ days of the incident.

a. District sergeant / County Coroner / 15
b. Homicide LT / Attorney General’s Office / 20
c. Homicide LT / Attorney General’s Office / 25
d. None of the above

Answer 73

D (Homicide LT / Attorney Generals’ Office / 10 days)

Question 74

5.11.120 SCC is the cite code that requires solicitors to have a permit and if they do not possess one while soliciting they can be cited.

a. True
b. False

Answer 74

B, only have to have one on file

Question 75

Which of the following is not subject to a 666PC arrest?

a. 290 with at least one prior 484
b. Three prior 484 with at least one day in jail served for each prior
c. Subject has a strike and one prior 484 with one day in jail served
d. 290 with at least one prior 484 with one day in jail served

Answer 75

a. 290 with at least one prior 484

Question 76

Collecting signatures for political events/issues on private property is a violation of 602 if the responsible wants to press charges.

a. True
b. False

Answer 76

b. False

Question 77

A letter of Rep authorizes an employee to have a “Skellly Hearing.”

a. True
b. False

Answer 77

B, only a review with labor relations

Question 78

5. Driver is 14601a VC, but pulls into his own drive-way, can you tow it?
   a. Yes
   b. No

Answer 78

Per Legal source book, no, but by VC, yes

Question 79

Which party is required to have a state license for repossessing vehicles?

a. The seller
b. Bank of finance company
c. Third party
d. None of the above, they all need a state license

Answer 79

c. Third party

Question 80

Which is not a reason you can make a valid DUI arrest where it did not happen in your presence?

a. Involved in an accident
b. Observe the suspected driver in or about the vehicle that was in an accident
c. Suspect will not be apprehended unless immediately arrested
d. May cause injury to self or damage property unless arrested
e. Suspect destroy evidence or conceal evidence
f. None of the above, all are reasons you can arrest

Answer 80

f. None of the above, all are reasons you can arrest

Question 81

Once a driver gives oral identification you are required to accept that as ID and a custodial arrest is not authorized.

a. True
b. False

Answer 81

b. False

Question 82

Officer intended to cite a bicyclist for riding in the wrong direction on a residential street. Although the subject gave his true name he had no documentation on his person. Without making any further inquiry, the officer took suspect into custody; and incident to this custodial arrest, the officer handcuffed him, searched him and found methamphetamine in his sock.

a. Held, Search bad since subject provided his true ID
b. Held search bad, no custodial arrest for infractions allowed
c. Held, search good
d. None of the above

Answer 82

c. Held, search good

Question 83

After PIT is used a ___ form must be completed.

a. Red Border
b. Blue Border
c. Brown Border
d. First report of injury

Answer 83

b. Blue Border

Question 84

Following the conclusion of a pursuit, Sector Sgt shall

a. Complete Pursuit Report (SPD80)
b. Proceed to the termination point
c. Advise WC
d. A and B

Answer 84

d. A and B

Question 85

When fire transports a 5150 WI, the MH-302 is not required. That’s the 5150 72-hour form we used to do at SCMHTC.

a. True
b. False

Answer 85

B, Still have to complete form and give copy to fire if you can. Otherwise forward to records.

Question 86

Who determines if officers respond to a mental health facility to assist with a 5150?

a. Dispatch
b. Officer
c. Sgt
d. Watch Commander

Answer 86

c. Sgt

Question 87

Suspects requiring out-patient medical care prior to booking shall be taken to?

a. Sutter
b. Mercy
c. UCD
d. Whichever is closest and 909

Answer 87

b. Mercy

Question 88

Who’s responsibility is it to staff extended prisoner watch assignments?

a. Sector Sgt
b. Affected watch commander
c. Affected Capt
d. None of the above.

Answer 88

b. Affected watch commander

Question 89

When a school employee is arrested for _____ or ______, PD must advise their employer

a. Theft Crime
b. DUI
c. Health and Safety violations
d. Sex offense
e. C and D

Answer 89

e. C and D

Question 90

If an arrestee is displaying signs that they have ingested illegal substances, the officer must

a. Have fire respond and check them
b. Officer transport them to hospital
c. Shall be transported by medical personnel to hospital
d. None of the above

Answer 90

c. Shall be transported by medical personnel to hospital

Question 91

Juvenile prisoners shall not be held longer then ____ while in department custody

a. No more than 4 hours
b. No more than 6 hours
c. No more than 3 hours
d. A and C

Answer 91

b. No more than 6 hours

Question 92

Who issues citation books to officers?

a. Watch Commander
b. Sgt
c. PSU
d. PSD

Answer 92

b. Sgt

Question 93

Supervisor (Sgt) must approval all 849b PC releases.

a. True
b. False

Answer 93

a. True

Question 94

Which is the following is NOT a reason a copy of ICC footage would be booked as evidence

a. Homicide
b. Pursuit
c. In custody death
d. Officer involved shooting
e. Major officer 901
f. Direction of lieutenant

Answer 94

b. Pursuit

Question 95

Status offenders are classified as…

a. 300 WI
b. 601 WI
c. 602 WI
d. All of the above

Answer 95

b. 601 WI

Question 96

Nguyen ignored an officer’s demands to put her hands behind her back after a traffic stop in which the officer had found drugs in her friend’s car. Instead, she clutched her cell phone and announced that she was going to call her lawyer.

a. Held, Miranda was required since she felt that she was not free to leave
b. Held, dumb bitch had not right to a lawyer because she wasn’t even under arrest. She had no right to invoke.

Answer 96

b. Held, dumb bitch had not right to a lawyer because she wasn’t even under arrest. She had no right to invoke.

Question 97

Thompkins was “largely silent” during a three-hour murder interrogation except for “a few limited verbal responses, . . . such as ‘yeah,’ ‘no,’ or ‘I don’t know.’” Toward the end of the questioning, the officer asked, “Do you pray to God to forgive you for shooting that boy down?” Thompkins answered, “Yes.”

a. Held, statement was bad because suspect reluctances to speak showed that he was invoking his right to silence.
b. Held, despite his minimal interaction during the interview, Thompkins did not unambiguously invoke his right to remain silent because he did not say that he wanted to remain silent or that he did not want to talk to police

Answer 97

b. Held, despite his minimal interaction during the interview, Thompkins did not unambiguously invoke his right to remain silent because he did not say that he wanted to remain silent or that he did not want to talk to police

Question 98

Martinez waived his Miranda rights shortly after his arrest for murder and assault. After 10 minutes of questioning, the officer asked him why one of the victims would accuse him of assault, and Martinez responded, “That’s all I can tell you.” The officer ended the interrogation, but two detectives questioned Martinez the next morning. When one of the detectives asked Martinez if he remembered and understood his rights and still wanted to talk, Martinez said, “Yeah.” During the ensuing lengthy interrogation–just after detectives had confronted Martinez with inconsistencies, told him to “think about it,” and announced they were taking a break–Martinez said, “I don’t want to talk anymore right now.” The detective said that was fine, reminded Martinez of the break, again encouraged him to think about it, and told him they would return to talk to him. Martinez said, “Okay.” The detectives questioned Martinez again later

a. Held, Statement was good
b. Held, Statement was bad

Answer 98

a. Held, Statement was good

Question 99

Suspect’s comment that “I don’t know if I wanna talk anymore since it’s someone killed, you know” made during interrogation and a substantial time after he waived his rights. Wash (1993) 6 Cal.4th 215, 238-239.)

a. Did not constitute an invocation.
b. Did constitute an invocation

Answer 99

a. Did not constitute an invocation.

Question 100

Lopez, who was acting belligerently and had earlier resisted arrest, validly invoked his right to silence when, after being informed of his rights and questioned, said, “F- -k you.” (Lopez (2005) 129 Cal.App.4th 1508, 1527.). This was a valid invocation.

a. True
b. False

Answer 100

a. True

Question 101

When asked if, having his rights in mind, he wanted to talk, the suspect said, “Not really.”

a. This amounted to a clear invocation of his right to silence
b. This did not amount to a clear invocation of his right to silence

Answer 101

a. This amounted to a clear invocation of his right to silence

Question 102

“if for anything you guys are going to charge me I want to talk to a public defender too, for any little thing.” (Gonzalez (2005) 34 Cal.4th 1111, 1116.)

a. Invocation for right to counsel
b. Not an invocation for right to counsel

Answer 102

b. Not an invocation for right to counsel

Question 103

Suspect’s comment that his lawyer told him to “keep his mouth shut” was not an unambiguous request for counsel. (Sechrest (9th Cir. 2008) 549 F.3d 789, 807.)

a. True
b. False

Answer 103

a. True