Police Academy Prep

Gramham vs Conner

Case that evaluates excessive force under 4th amendment created objective reasonableness standard

Elements of objective reasonableness crime

- Severity of the crime

- whether the suspect is an immediate threat

- is suspect was actively fighting back against arrest

Tennesse VS Garner

Establish the use of force against a fleeing threat

Elements

- Must have articulable facts that the fleeing suspect is posing a threat or serious bodily injury to the officer or the public to utilize deadly force on the fleeing suspect

- Warning shall be issued

PC 835 (ADAM)

Authority to use force or deadly force

Elements

- Authority to use force or deadly force

-Only in self-defense of life or serious bodily injury

-Is a serious responsibility which shall be evaluated on the totality of circumstances

PC 466

Possession of burglary tools

Elements

- The possession of certain tools, knowing, making, altering, or attempting to make a key to fit or open the lock of a building without legal request

- With the intent to break or enter into a specified structure for the purpose of committing any misdemeanor or felony

PC 594

Vandalism

Elements

-malicious intent to deface with graffiti or other inscribed material or damage or destroy personal or real property not their own

PC 602 (MORA)

Tresspass

Elements

Any person who enters/occupies real property or structures of any kind without consent or refuse to leave upon request.

PC 834

Lawful Arrest

Elements

-Full seizure of a person under the 4th amendment taking away a person's liberty

- In case of manner authorized by the law

- Must be based on probable cause

PC 836

Establishes the legal basis for an arrest and when arrest can be made by peace officers

Elements

- Pursuant to a warrent

- Without a warrent

- when its in a officers presence

Arrest

When a persons into custody in a manner authorized by the law (full force)

Detention

A stop off reasonable suspicion that they committed or are committing an act

Limited on scope, intensity, and duration

Not free to go

PC 841

Information given to arrestees

Elements

- Intent (must tell the individual that he/she is being arrested)

- Cause (must state why they are being arrested)

- Authority (must show identification or state authority)

PC 844

knock and notice

Officers must give notice with or without a warrent to lawfully enter a private dwelling for an arrest

Elements

- Announce presence

- Identify yourself

- State purpose

- Demand entry

- Allow a reasonable time to respond

Knock and Notice Exceptions

- Hot pursuit

- An imminent threat to others life

- An suspect escape

- The destruction of evidence

PC 211

Robbery (Felony)

Elements

- Taking of personal property of another from the person of immediate presence against the persons will by means of force or fear

PC 215

Carjacking (felony)

Elements:

-Taking of a motor vehicle in the possession or presence of the owner or passenger by means of force or fear with the intent to temporarily or permanently deprive the owner

PC 245 (ADAM) (1)

Assault with a Deadly Weapon (other than a firearm)(felony)

Elements:

-Unlawful attempt and present ability to commit a violent injury upon the person of another with a deadly weapon other than a firearm or with force likely to produce great bodily injury

VC 2800 (ADAM)

Disobedience to traffic officers (misdemeanor)

Elements:

-Willfully fail or refuse to comply with any lawful order, signal, or direction of any peace officer who is in uniform and performing duties under any provision of the Vehicle Code