Week One Questions

Curtilage

A relatively small and usually well defined area immediately around a residence to which the activities of the home extend and in which the owner has a reasonable expectation of privacy

Reasonable Officer Standard

Would another officer, in similar or like circumstance, act in the same way or use similar judgement

Probable cause

A set of facts that would cause a person of ordinary care and prudence to entertain an honest and strong suspicion that criminal activity has occurred and that the person being arrested is connected to that activity

Reasonable suspicion

Sufficient facts and information to make it reasonable to suspect criminal activity may be occurring and that the person to be detained is connected to that activity

Exigent Circumstances

Any emergency situation requiring swift action to prevent loss of life, serious property damage, destruction of evidence, or imminent escape of a suspect

CPC 245/Assault with a deadly weapon

An unlawful attempt coupled with present ability to commit violent injury upon the person of another by use of a deadly weapon or force likely to create great bodily harm

Eight misdemeanor exceptions

1. Crimes committed by juveniles

2 Driving under the influence

3. Violation of a domestic restraining or protective order when an officer is responding to a call of the same

4. Assault of battery on school grounds during school hours

5. Assault or battery on a working firefight, emergency medical technician or paramedic

6. Assault or battery on a spouse, cohabitant, or parent of shared child

7. Carrying a loaded firearm on ones person or in a vehicle in any public place or public roadway

8. Carrying a concealed firearm at an airport

7 classes of drugs

Cannabis, hallucinogens, inhalants, narcotic analgesic, stimulants, depressants, dissociative anesthetic

Elements of 459.5 (shoplifting)

Entering a commercial establishment, with intent to commit larceny, during normal business hours, when the property taken is valued at less than $950

Element of 459 (burglary)

Entering a building or specified structure, with intent to commit theft, or any felony

Possession of methamphetamine

Health and safety code 11377(a)

Possession of drug paraphernalia

Health and safety code 11364(a)

First Amendment

Freedom of speech, press, religion, assembly, and the right to petition the government for a redress of grievances

Fourth Amendment

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

Search

A government intrusion upon an expectation of privacy society is prepared to recognize as reasonable

Consensual Encounter

A face-to-face contact between a private individual and a peace officer under circumstances that would cause a reasonable person to believe that they are free to leave or otherwise not cooperate

Detention

A partial restriction on a person's freedom for investigative purposes would cause a reasonable person to believe they are not free to leave

Arrest

The taking of a person into custody in a case and in a manner authorized by law

Three origins of law

Case, constitutional, statutory

Letter of the Law

When the law is applied in accordance with the literal meaning of the statute, leaving no room for interpretation

Spirit of the Law

Interpreting law in accordance with the intent of the legislative body rather than the literal meaning of the words of the statute

Fifth Amendment

Freedom from self-incrimination and double jeopardy

Fourteenth Amendment

Right to due process and equal protection of the law

Eighth Amendment

Prohibits cruel and unusual punishment and excessive bail

Sixth Amendment

Right to trial by a jury of peers, speedy trial, to be informed of charges, to confront witnesses, and right to counsel

Felony

The most serious classification of crime punishable by fine and/or imprisonment in state prison, death, or removal from public office

Misdemeanor

A crime of lesser gravity than a felony, punishable by a fine and/or imprisonment in a county jail

Infraction

A public infraction punishable only by fine

Wobbler

A crime that can be punished either as a felony or misdemeanor

Miranda Warning

1. You have the right to remain silent

2. Anything you say can be used against you in a court of law

3. You have the right to an attorney before and during any questioning

4. If you cannot afford an attorney one will be appointed to you free of charge before questioning

Miranda Trigger

custody and interrogation

Penal code 835(a)

Peace officers may use objectively reasonable force fo overcome resistance, prevent an arrest, or effect an arrest

Examples of Stimulants

Cocaine, Methamphetamine

Example of Hallucinogens

LSD, Ecstasy, Peyote, Salvia

Examples of Narcotic Analgesics

Heroin, Vicodin, Methadone, Morphine

Examples of Cannobis

Hashish, Marijuana

Examples of Depressants

Xanax, Alcohol

Five Methods of Drug Entry

Injection (shoot), Inhalation (smoke), Intranasal (snort), Ingestion (eat), Transdermal

Synesthesia

A transposition of the senses

Polydrug Use

When two or more drugs are used which result in an effect that each substance could not reach on its own

Examples of Narcotic Analgesics

Oxycontin, Fentanyl

Factors involved in reasonable officer standard

Number of suspects, access or presence to weapons, the proximity of backup, physical aspects of suspects, physical aspects of the officer

Standing

Legitimate possessory interest

Field Show Up

A live presentation of a suspect to the witness or victim of a crime

Knock and Notice

Procedures conducted prior to entering a premise to execute a search warrant

Knock and Notice Procedure

Knock, announce presence, identify as police, demand entry, wait a reasonable amount of time

CPC 459/burglary

The entry to a building or a specified structure with the intent to commit theft or any felony

CPC 451 Arson

CPC 211/Robbery

• taking of personal property of another

• from the person or immediate presence

• against the person's will

• accomplished by means of force or fear

CPC 484 Theft

•Taking and carrying away

•the personal property of another

•with the intent to permanently deprive the owner

835(a)

Any officer who has reasonable cause to believe the person to be arrested, has committed a public offense may use reasonable force to overcome resistance, prevent escape, or effect an arrest

Tresspassing

•Any person who enters and occupies

•real property or structures of any kind, •without the consent of the owner, the owners agent, or the person in lawful possession

CVC 10851 Vehicle Theft

•Taking and driving away

•the vehicle of another

•without their consent

•with the intent to temporarily or permanently deprive them of title or possession

CPC 451 Arson

To Maliciously and willfully set fire, burn, or cause to burn any structure or real property

CPC 594 Vandalism

Subterfuge

the use of deception or falsehood as a tactic when interrogating a suspect

Evanescent Evidence

Evidence that will change or be lost over time

Protective search of a vehicle

Limited warrantless search of the passenger compartment of a vehicle for weapons

nystagmus

involuntary, jerking movements of the eyes

Vandalism and Malicious Mischief

willful destruction of, or damage to, the property of another