Concise Summary of Law Enforcement Topics

Crimes Against the Justice System
  • Key Offenses
    • CPC 148 (a)(1): Resisting an officer - Felony (F)
    • CPC 69: Obstructing an executive officer - F
    • CPC 71: Threats to public officers - Misdemeanor (M)
    • CPC 149.9: False ID to peace officer - M
    • CPC 148.5: False report of a crime - M
    • CPC 148.3: False report of an emergency - M
    • CPC 148.1 (a): False bomb report - F
    • CPC 148 (b)(c)(d): Weapon removal from an officer - F
    • CPC 936.6: Attempted escape after arrest - M if no force, F if by force
    • CPC 4530: Escape from custody, A with force - F, B without force - F
    • CPC 4550: Rescue of inmates from prison - F
Search and Seizure
  • Fourth Amendment protects against unreasonable searches; requires probable cause.
    • Search: Government infringement
    • Seizure: Interference with possessory interest
    • Expectations of Privacy: Reasonable in societal context.
  • Warrantless Searches: Justified under certain conditions:
    • Probable cause, reasonable suspicion
    • Consent, exigent circumstances, incident to custodial arrest
  • Exclusionary Rule: Illegal searches lead to evidence exclusion.
Use of Force
  • Reasonable Force: Legal standard for peace officers
    • Based on circumstances; must consider severity of crime & subject's actions
  • Graham v. Connor: Determines excessive force from an officer's perspective
  • Deadly Force: Only for serious threats; requires probable cause
    • Tennessee v. Garner: Set limits on use of deadly force for fleeing suspects
  • Fear Management: Officers must control emotions to maintain effectiveness.
Introduction to Criminal Law
  • Sources of Law:
    • Constitutional Law: Protections under state and federal constitutions
    • Statutory Law: Written laws enacted by legislatures
    • Case Law: Based on precedents from appellate court decisions
  • Civil vs. Criminal Law:
    • Criminal involves prosecution & punishment; civil involves torts and disputes.
Elements of a Crime
  • Definition: Act or omission violating legal statutes
    • Elements: act, intent, circumstances
  • Intent Types: General (presumed) and Specific (clearly defined)
  • Negligence: General negligence vs. criminal negligence
Laws of Arrest

  • Types of Encounters:

    • Consensual: No suspicion; individuals free to leave
    • Detention: Requires reasonable suspicion; subjects cannot leave.

  • Arrest Requirements: Probable cause required; must inform individual of reasons.

  • Warrantless Arrests: Possible in certain misdemeanor cases

  • Miranda Rights: Required during custodial interrogation to protect rights.