Law
What is the difference between criminal and civil law?
Civil= Conflict that between people that can be done in court
Criminal=Law broken (against state)
What is the difference between reasonable suspicion and probable cause?
Reasonable suspicion=Has sufficient facts or information to believe a crime is occurring
Probable Cause=Totality of circumstances cause a person to have a strong suspicion that the person to be arrested committed a crime
What is a protective sweep?
Subject may be hiding something that can be a threat to officers so they do a protective search
What does Graham v. Connor take into account?
1. Lawfully performing law enforcement duties
2. Degree of intrusiveness
3. Severity of crime
4. Level and type of resistance
5. Evasion
Is obstructing executive officers PC 69 or PC 71?
PC 69
What is the difference between general and specific intent?
General= Intent presumed by law (speeding)
Specific= Going in knowing you were going to commit that specific crime (pre-planned)
What are the times a warrant can be served?
Misdemeanor: 6am-10pm
Felony: Any time
Marry brings in a witness of a crime and begins to ask her questions relative to the case. Is this an interview or interrogation?
What is the 8th Amendment?
Protection against cruel and unusual punishment?
Jimmy is resisting arrest and trying to get his probation officers gun, however he fails. Which PC is this
Which PC is this?
a) PC 148(c)
b) PC 148(d)
c) PC 148(b)
d) PC 149
Who is incapable of committing a crime?
-14 (on PPT) PC 26
-Decreased mental capacity
-Low IQ
-Ignorance
-0 conciousness
What penal code relates to the use of force or physical restraint during an arrest and what case is associated with this?
835a, Graham v. Connor
What are exigent circumstance?
-Reasonable suspicion that there is an emergency
What is the difference between objective and subjective?
-Objective is what another officer would conclude base on similar training and the same set of circumstance
-Subjective is what an officer intends (there motivation in their actions)
Annie calls to report that her friend got shot, however she made the story up. Is this a crime and if so, what penal code does it violate?
Yes, PC 148.3(a)
What is the different between the spirit of the law and the letter of the law?
Spirit= Does not follow law by the book (black and grey)
Letter of the law= By the book
What amendment does Miranda v. Arizona effect and what is the definition of this amendment?
5th Amendment: No self incrimination
-Miranda right
-Right to jury
-Double jeporady
What is the 14th Amendment?
Due Process
What are the three types of force, and give an example of each.
Deadly
Intermediate force (moderate)
None Deadly (low)
What is PC 148(a)(1)?
Resisting arrest
Accomplice vs Accessory and give the example.
Accomplice: Assisting before or during the crime
Accessory: Helps principal before or after the crime
What are the 4 elements of a lawful arrest?
1. Arrest must be made by a peace officer
2. Must be taken into custody
3. Actual restraints used
4. Reasonable force may be used to make an arrest, prevent escape, or or overcome resistance
What is Terry v. Ohio?
Pat and Frisks
What is Tennessee v. Garner?
"fleeing felon"
What is the Penal Code 136.1(a)?
The crime of preventing of dissuading witnesses or victims by intimidation.