Vocab
What is an Infraction?
A public offense punishable only by a fine
What is guaranteed under the 6th amendment?
A speedy trial and assistance of counsel
What is PC 835(a)?
Peace Officer Use of Force to Arrest
What is PC 148 (a)(1)?
RESISTING/OBSTRUCTING A PUBLIC OFFICER (MISDEMEANOR)
- Every person who
- Willfully resists, delays or obstructs
- Peace officer or emergency medical technician
- In the discharge of their duty
What is PC 242?
BATTERY (MISDEMEANOR)
- Any willful and unlawful
- Use of force or violence
- Upon the person of another
What is a Misdemeanor?
Crime of less gravity than a felony, punishable by a fine and/or county jail time
What is an Ex Post Facto Law?
Laws written after the fact to punish an action that has already taken place and was not illegal at the time of commission
What was established in Penn v Mimms?
police officers can, as a matter of course, order occupants out of a vehicle during a lawful traffic stop, balancing officer safety against the minimal inconvenience to the driver.
What is PC 211?
ROBBERY (FELONY)
- The felonious taking
- Of personal property
- In the possession of another
- From his/her person or immediate presence
- And against his will
- Accomplished by means of force or fear
What is PC 240?
ASSAULT (MISDEMEANOR)
- An unlawful attempt
- Coupled with a present ability
- To commit a violent injury
- Upon the person of another
What is an Felony?
Most Serious crime, punishable by a fine and/pr imprisonment in state prison or county jail, removal from office, or death
What is Criminal Intent?
A mental state or frame of mind that the person knowingly did the particular criminal act (break the law). May be general, specific or transferred intent.
What is PC 26?
(general idea)
People Incapable of committing a crime
What is PC 187(a)?
MURDER (FELONY)
- The unlawful killing
- Of a human being or fetus
- With malice aforethought
What is PC 215(a)?
CARJACKING (FELONY)
- The felonious taking of a vehicle
- In possession of another
- From his or her person or immediate presence
- Against his/her will
- With the intent to deprive the person
- By means of force or fear
What is a Reasonable Suspicion?
Enough facts and information to make it reasonable to suspect that criminal activity is occurring, and the person detained is connected to that activity; reasonable suspicion is required to justify a detention
What is the 14th Amendment?
• Apply the law equally to all people
• Treat them the same regardless of race, creed, nationality, religious preference, or national origin
What is Code of Ethics Paragraph 1?
AS A LAW ENFORCEMENT OFFICER, my fundamental duty is to serve; to safeguard lives and property; to protect the innocent against deception, the weak against oppression or intimidation, and the peaceful against violence or disorder; and to respect the Constitutional rights of all to liberty, equality and justice
What is PC 207(a)?
KIDNAPPING (FELONY)
- Every person who forcibly or
- By means of instilling fear
- Steals, takes, holds, detains, or arrest
- Any person in this state
- And carries the person
- Into another county, state or within the same county
What is PC 245(a)(1)?
ASSAULT WITH DEADLY WEAPON (WOBBLER)
- Any person who commits an assault
- Upon the person of another
- With a deadly weapon or instrument (not a firearm)
- By means of force
-Likely to produce great bodily injury
What is Probable Cause?
A set of facts that would cause a person of ordinary care and prudence to entertain an honest and strong suspicion that the person to be arrested is guilty of a crime; Required for an arrest.
What does the 4th Amendment protect from?
Unreasonable Search and Seizure
What is Code of Ethics Paragraph 2?
I WILL keep my private life unsullied as an example to all; maintain courageous calm in the face of danger, scorn, or ridicule; develop self-restraint; and be constantly mindful of the welfare of others. Honest in thought and deed in both my personal and official life, I will be exemplary in obeying the laws of the land and the regulations of my department. Whatever I see or hear of a confidential nature or that is confided to me in my official capacity will be kept ever secret unless revelation is necessary in the performance of my duty
What is PC 186.22(a)?
CRIMINAL STREET GANG ACTIVITY (WOBBLER)
- Any person who
- Participates in any street gang
- With knowledge the gang has engaged in - criminal gang activity
- And who willfully promotes, furthers, assists
- In felonious criminal conduct.
What is PC 246?
DISCHARGE OF FIREARM AT INHABITED DWELLING, VEHICLE OR AIRCRAFT (WOBBLER)
- Any person who maliciously and willfully
- Discharges a firearm
- At an inhabited dwelling, house, occupied vehicle, occupied building or occupied aircraft or inhabited housecar