Practice RBC 3 test

Two women, in a dating relationship, were on a date in a bar. The first woman caught her date flirting with another woman. The first woman then used a handgun to threaten her date.

Is this an act of Domestic Violence?

yes - criminal threats (felony)

A woman was afraid to go into her apartment because her boyfriend, who had been drinking, slapped her and threatened to kill her.

Is this an example of abuse?

yes

A man and woman who bought their condo and began living together in the spring, even though they didn't plan to get married until the fall, would be considered cohabitants. True/False

True - joint use or ownership of property

An engaged couple who have lived in their apartment for three years, have shared all expenses, and plan to continue living together would be considered what?

Cohabitants

A man and woman were engaged for over six months and had frequent arguments, but they didn't hit or threaten each other.

is this domestic violence?

no - domestic dispute

A man's ex-wife was angry because their son ruined his good clothes while with his father and the father refused to pay for new ones. Since his court-ordered child support did not require him to replace clothing, he was not in violation of the court order.

is this a domestic dispute?

yes

A woman kicked her live-in boyfriend in the ribs; she was writhing on the floor when the peace officer arrived. This is willful infliction of corporal injury? true/false

true - felony 273.5

A man slapped his wife, causing bruises, and yelled at her to clean up the house.

what crime did he commit?

willful infliction of corporal injury - felony

A woman received another letter from her ex-husband threatening to follow her home from work and give her "what is coming to her."

What crime has been committed?

Stalking - felony

A woman answered the door to find her husband drunk, cursing, and threatening to abduct their children. This is the second time he has come over this week in violation of a valid Domestic Violence Restraining Order.

What are all the crimes involved in this?

Violation of court order, criminal threats (if fear), and stalking

A woman turned on her TV and received nothing but static. She checked to make sure it was plugged in. She then checked the cable lines and determined that her estranged husband had cut them.

what crime has been committed?

Malicious Destruction of Cable Television lines - wobbler

A man tried to make a phone call but did not hear a dial tone. He noticed the box attached to the wall was ripped out and the wires were cut.

What crime was committed?

Malicious Destruction of Telephone lines - wobbler

A woman was attempting to contact the authorities using her mobile computer device to make a report. She discovered her ex-husband had submerged her device in water making it inoperable.

What crime was committed?

Malicious Destruction of Wireless device being used to make an emergency call to authorities.

A man tried to call 9-1-1 using his cell phone when his girlfriend grabbed it from his hand and threw it against the wall making in inoperable.

What crime was committed?

Malicious Destruction of Wireless device being used to make an emergency call to authorities.

Following a domestic violence incident, a victim began to dial "9-1-1." The suspect took the phone out of the victim's hand and said, "You're not calling anybody."

What crime was committed?

Preventing or Dissuading a Witness/Victim from Testifying - felony

A neighbor heard the victim scream, "Don't hit me - help!" The neighbor pounded on the wall saying, "Stop or I'll call the cops." The suspect calls out, "If you do, I'll take care of you next."

What crime was committed?

Preventing or Dissuading a Witness/Victim from Testifying - felony

A man came home and found his wife on the phone. He told her to hang up. When she didn't hang up immediately, he got mad and grabbed her arm but did not leave a mark. The husband admitted grabbing her because he wanted to use the phone.

what crime, if any, occurred?

Domestic battery - misd 243(e)(1)

A man who was living with his intimate partner hit him with an open hand.

what crime, if any, occurred?

Domestic battery - if no injuries seen - misd 243(e)(1)

Two brothers reside within the same residence and one brother commits a battery against the other. Based on these factors the offender can be arrested for this battery per the misdemeanor exception. Additionally, the victimized brother can be protected through an EPO as this relationship is covered under Penal Code 6209. Lastly, if a firearm or other deadly weapon is found during a lawful search within the home it can be seized.

true/false

true

An estranged husband who had penile/vaginal intercourse with his wife who consented only because he threatened to injure their children, committed the crime of spousal rape.

True/false

true

A 12-year-old child went to an emergency room with severe welts on his back. The parents denied any responsibility even though the child said his father whipped him with an electrical cord.

Can the child be taken into temporary custody by law enforcement?

Yes

A 10-year-old boy lived with his mother and grandfather. The mother heard the boy and the grandfather in the bathroom. When she knocked on the door, the grandfather quickly exited. The mother found the boy with his underwear off and crying.

Can the child be taken into temporary custody by law enforcement?

yes

A 14-year-old girl was incorrigible because she failed to obey her mother's household rules. The daughter consistently came in at night after 1 or 2 am, violating a local curfew ordinance.

This is an example of what kind of minor?

Habitual Disobedience or Truancy - status offence (601a W&I)

A 16-year-old boy was caught absent from school ten times in the last six months. The boy's single parent was unable to convince the boy he needed to go to school.

Can the child be taken into temporary custody by law enforcement for a criminal offense?

no - status offence (4 or more truancies in school year)

A 14-year-old boy entered a grocery store to purchase a snack after school. While inside the store, he realized he forgot to bring money with him. The boy hid two candy bars and a bag of cookies in his backpack and left the store.

Can Law enforcement take the child into temporary custody for a criminal offense?

yes - misd theft even though not committed in presence

Two 12-year-old girls were found spray painting graffiti on the side of an empty building.

What should a LE officer do?

take into temporary custody for vandalism

when can a minor be placed in secure detention?

A minor must be 14 years of age or older may be placed in secure detention only when a peace officer has a reasonable belief that the minor poses a serious security risk of harm to self or others

A legal search revealed the person was in possession of a bent spoon with residue, rubber tie-off strap, and cotton balls.

What crime, if any, occurred? what shows intent?

The residue showed specific intent, and the person was in actual physical possession. The person had committed the crime of possession of drug paraphernalia, a misdemeanor.

An officer arrived at a bar and encountered a person inside who was intoxicated. This person reeked of an odor of marijuana, had bloodshot eyes, dry mouth, slow and deliberate speech. The subject was unable to care for self and admitted to using marijuana.

what should the officer arrest the person for?

public intoxication 647f - misd

Remember, marijuana is an exception to Health and Safety Code Section 11550

During a traffic stop a 19-year-old woman opened her purse in front of an officer to hunt for her driver's license. In the open purse, the officer observed approximately ½ ounce of marijuana. The substance was confirmed to be marijuana. The woman did not commit a crime because marijuana is now legal. True/false

false - the crime of possession of marijuana, an infraction.

Peace officers called to the scene of a domestic dispute discovered two lines of cocaine and a straw in plain sight on a coffee table. The cohabitants were both in the room. One or both parties (depending upon control of the substance) committed the crime of possession of a controlled substance, a misdemeanor. true/false

true

A drug sniffing dog alerted officers to the gym bag of an attendee at a large outdoor rock concert. The contents of the bag included two zip-lock plastic bags, one full of a white powdery substance, apparently cocaine, and the other full of marijuana. The amounts within the bags were more than what would be reasonable for personal use. Based on the large quantity in each bag, if the substances were shown to be cocaine and/or marijuana, the person committed the crime of possession of a controlled substance for sale, a felony. true/false

true

A person was stopped as she tried to board a plane. Officers found more than 25 rocks of crack cocaine.

What crime has she committed?

transporting a controlled substance, a felony.

The quantity is sufficient also to arrest her for possession with intent to sell.

A man with a previous record of dealing drugs was seen passing out small paper tabs outside a local high school. He told officers that he was not "selling" anything; it was free. Analysis showed that the tabs contained LSD.

Can the officers arrest? what for?

Yes - furnishing a controlled substance, a felony.

While responding to a disturbance at a residence, officers located in plain view a case of butane a large amount of marijuana and an extraction device. The subjects admitted to attempting to make butane hash oil (BHO).

What crime have they committed?

manufacturing a controlled substance - felony

During a "knock and talk," the suspect was found to be in possession of ephedrine and hydrogen gas as well as glassware, electrical equipment, and chemical formulas for methamphetamine.

What crime can the suspect be charged with?

Since ephedrine is the key precursor chemical for methamphetamine, the suspect had committed the crime of possession of precursor chemicals for manufacturing. - felony

An individual had a roommate who was growing seven marijuana plants. When the roommate went on vacation, she asked the person to water the plants. Because the person had knowledge of the plants and helped to cultivate them, she had committed the crime of cultivating or harvesting marijuana. true/false

True

A hunter sawed down the barrel of a hunting rifle to a length of 15 inches. The overall length of the rifle was still over 26 inches.

What crime, if any, has occurred?

possesses a prohibited weapon - felony

a rifle with a barrel length that is less than 16 inches qualifies as a prohibited weapon.

A jogger fashioned a leather strap with a stone attached to its end that he could carry with him in his pocket. He intended to use it as a weapon against any dog that tried to attack him during his morning run.

What crime, if any, is he committing?

manufactured and now possesses a prohibited weapon. - felony

The device that the man manufactured meets the definition of a slungshot. intention doesn't matter.

A woman was concerned for the safety of her college age daughter who rode the subway to and from college classes. The woman gave her daughter a lipstick case that had a knife enclosed in it.

What crime, if any, is she committing? what crime would the daughter commit if she carried it?

both = possession of a prohibited weapon - felony

A man kept a switchblade knife locked in the glove compartment of his truck. While working, he drove the truck to numerous construction sites. At night, the truck was parked on the street in front of the house. The man believed since he was not carrying the weapon on his person, it was all right to keep it locked in his truck.

What crime, if any, has occurred?

possession of a switchblade knife - misd

because it was in the passenger's or driver's area of any motor vehicle in any public place or place open to the public

Officers stopped and pat searched a man who was loitering around the entrance of a shopping mall. The lawful search for weapons revealed that the man was carrying a two ounce aerosol can of tear gas. Although the man claimed that he kept it only for his own self-protection, the man had a prior felony conviction.

What crime, if any, has occurred?

unlawful possession of tear gas - misd

On a traffic stop, officers saw an eight-ounce canister of tear gas in the cab of a man's pick-up truck. The man told the officers that he was employed by a building cleaning and maintenance business and often worked at night. He intended to keep the can in his tool box for self-defense and thought it would be safer than a firearm.

is it lawful to do so?

no - unlawful possession of tear gas because the container was larger than the 2.5 ounce limit.

While making a stop for a traffic violation, an officer saw, in plain view, a handgun on the seat next to the driver. Upon further inspection, the officer discovered that the handgun was loaded.

What crime applies to this situation?

carrying a loaded firearm. - felony depends on registered owner and prior convictions

While on patrol, two officers noticed a man standing on the sidewalk in front of his home and showing a rifle to a group of people. When one of the officers asked to inspect the firearm, the man refused.

The officers arrested the man for carrying a loaded firearm.

Did the officers act appropriately?

yes - Though the crime of carrying a loaded firearm may not have been committed, people can not refuse to let officers inspect their weapon to see if it is loaded.

A man reported that his former girlfriend had called and told him she was on her way with a knife and was going to "get even with him for dumping her." Officers were able to intercept the woman before she reached the man's apartment and found that the woman possessed a sharp kitchen knife. When questioned, the angry woman admitted that she intended to use the knife on her former boyfriend.

What crime has she committed?

possession of a deadly weapon with intent to assault another person - misd

During a traffic stop, an officer noticed a pistol on the passenger seat of the car. While inspecting the weapon to see if it was loaded, the officer saw that the identification numbers had been removed and a name had been stamped in that location on the firearm. The man explained that the handgun had belonged to his grandfather who had given it to him as a special keepsake. The man went on to explain that he had removed the numbers and replaced them with his grandfather's name as a tribute.

What crime, if any, occurred?

altering identification marks on a firearm. felony

While conducting a lawful pat search, an officer found a handgun in the person's coat pocket. On inspection, the officer noticed that the handgun was unloaded and that the suspect had a license to carry the weapon. The officer also noticed that all identification marks had been obliterated by file marks. Suspect stated he purchased the firearm and was unaware of the altered identification marks.

What crime, if any, has occurred?

none - not enough to prove the owner knew of the altered numbers.

While on duty, a uniformed bank guard carried a handgun on his person and kept another one concealed within the driver's area of his armored truck. He lawfully possesses both concealable firearms as a function of his duties. true/false?

true

While on duty, an officer stopped a woman for drinking alcohol in public. When the woman opened her purse to find her identification, the officer saw a small pistol in her purse. During questioning, the woman told the officer that she kept the firearm for her own protection and since it was so small, she didn't think it was necessary to get a license for it.

What crime, if any, occurred?

unlawful possession of a concealable firearm without a license wobbler depending on woman's criminal record and the state of the gun

Officers responded to a call of suspected domestic violence. When they arrived at the home, they disarmed a man of a semiautomatic handgun. Upon questioning, the man told the officers that he had a clean record, except for a conviction for battery seven years ago. After confirming the prior conviction, the officers arrested the man for possession of a firearm by a person convicted of a specified misdemeanor.

Did they act appropriately?

yes - felony

An officer made a traffic stop and contacted the driver. While the driver was reaching to get the vehicle registration, the officer saw what appeared to be a pistol in the glove compartment. After conducting a records check, the officer found out that the driver had been convicted of stalking her ex-husband one year ago. The officer arrested the driver for possession of a firearm by a person convicted of a specified misdemeanor. The driver was also guilty of carrying a firearm concealed within a vehicle.

Did they act appropriately?

yes - felony

what are the specified misdemeanors that classify possession of a firearm by a person convicted of a specified

misdemeanor? (within 10 years of conviction)

Assault

Battery

Assault with a deadly weapon

Spousal abuse

Drawing, exhibiting, or unlawful use of a firearm

Stalking

An off-duty security guard, on his way home after work, decided to stop by the county courthouse to renew his dog's license. He forgot that he was still wearing his work-related revolver when he entered the building.

What crime, if any, occurred?

possession of a specified weapon in a prohibited location. - felony

While in the locker room preparing for football practice after school, a boy reached into his gym bag and brought out a new six inch hunting knife his grandfather had given him. Though the boy intended no harm and only wanted to show the knife off to his friends, possession of the knife on the school grounds was a crime.

True/false

true - felony

An officer responded to a call at a neighborhood bar. When the officer arrived, she saw an intoxicated man waving a broken beer mug at the bartender. The man was obviously angry after being told by the bartender that he would no longer be served and he should go home.

Can the man be arrested for anything besides 647f?

exhibiting a deadly weapon in an angry and threatening manner - misd

Neighbors called peace officers when they heard the two oommates next door arguing over the rent. The neighbors also reported hearing loud crashing noises coming from the apartment. When the officers entered the individuals' apartment, they found a man holding a kitchen chair over his head, ready to throw it at his roommate. The officers arrested the man for threatening to use a deadly weapon during the quarrel.

did they act appropriately?

yes - misd

Two men were fighting in a public parking lot. One of the men reached into his car, pulled out a firearm, and yelled "Get out of here!" When officers intervened, they found that the firearm was not loaded.

What crime, if any, occurred?

drawing and exhibiting a firearm in a threatening manner. - misd

During heavy traffic, two vehicles collided while both drivers were trying to change into the same lane at the same time. No one was injured, but there was extensive damage to both vehicles. When the drivers began to argue over who was at fault, one of the drivers pulled his jacket back, deliberately showing that he had a handgun in the waistband of his pants. Though he never removed the weapon, the man was exhibiting it in a threatening manner during the argument and, therefore, guilty of the misdemeanor offense. true/false

true

After an athletic victory over a long-time rival, a carload of college students celebrated by driving around an empty shopping mall parking lot late at night, shooting into the sky through the vehicle's open windows.

What crime, if any, occurred?

discharging a firearm from a motor vehicle. - felony

Even though their intent was to make noise and not to cause any harm or damage, the shooters, as well as the driver/owner of the vehicle who was in on the prank, committed the crime

A man who had recently been fired from a small business went to the store late at night when he knew no one would be there and fired a number of shots at the front of the building.

besides vandalism, what crime was committed?

discharging a firearm at an unoccupied building. - misd

A man who owned several acres of private, unposted, wooded property became angry at a number of campers parked on the property. The man began firing a shotgun at the campers. Though the man had no intent to cause any type of injury and, in fact, was not even aware if the campers (vehicles) were even inhabited at the time, he committed the crime of discharging a firearm at an inhabited dwelling. true/false

true - felony

An officer observed two men standing in the street in front of the row of houses where they lived, pointing rifles into the sky, and discharging them several times. When questioned, the men told the officer that they weren't shooting at anything; they were just bored and wanted to "liven up the neighborhood."

what can they be arrested for?

discharging a firearm in a grossly negligent manner. - felony

After a day of hunting, two men began cleaning their firearms and were consuming a number of beers at the same time. While joking and drinking his beer, one of the men discharged his firearm, seriously wounding his hunting partner.

what crime, if any, occurred?

discharging a firearm in a grossly negligent manner. - felony