LD 5 Criminal Law
What are the (3) classifications of crimes? Bonus 100: what could be considered the 4th classification?
Infraction
Misdemeanor
Felony
(Bonus: Wobbler)
What must be developed to affect an arrest?
Probable Cause.
Officer Smith conducts a traffic stop for a traffic violation. While speaking with the driver, Officer Smith sees a methamphetamine pipe in plain view. Can officer Smith seize this item? (explain)
Yes, Officer Smith can seize this item. Officer Smith now has probable cause to search the remainder of the vehicle under the vehicle exception rule.
Under what (3) circumstances can an officer use force?
Effect an arrest.
Overcome resistance.
Prevent escape.
Officer Rogers conducts a traffic stop and develops probable cause to arrest the driver, Smith. Smith is placed under arrest. Does officer rogers have the authority to search Smith? What type of search?
Yes, incident to arrest search.
What are the (3) types of intent?
General Intent
Specific Intent
Transferred Intent
What Amendment applies to the Miranda Warning?
5th Amendment.
DOUBLE JEOPARDY! recite the Miranda Warning out loud in front of the class, from memory.
Officers take the report of a stolen large generator. Officers establish probable cause and obtain a search warrant to search a home. During the search an officer locates methamphetamine in a small handbag located in a bedroom. Is there an issue with the search? If so, explain.
The search was outside the scope of the search warrant. Officers are looking for a large item and have no authority to search unreasonable locations for this item.
What are the (5) levels of resistance?
Compliant, Passive non compliant, Active resistance, Assaultive resistance, Life threatening resistance.
During a legal detention officer Jones notices a bulge in Smith's waistband. Does Officer Jones have the authority to conduct a search? if so, what type of search?
Yes, a cursory/frisk/terry pat down search.
Fill in the blank.
All crimes need ________OR_________ to be completed.
Intent OR Negligence
Name (3) or more factors that contribute to establishing reasonable suspicion.
Appearance, actions/behavior, driving behavior, knowledge of a persons history, demeanor, proximity to a crime, time of day, etc.
During patrol an officer hears someone yelling help from inside of a home. The officer exits his vehicle and forcibly enters the home. The officer discovers a TV was left on and nobody was home. The officer observes several pounds of methamphetamine in plain view inside of the home. Can the officer seize these items? (explain)
Yes, the officer can seize the items without a search warrant. A search warrant would be required for any further search of the home.
When a peace officer observes or becomes aware of a violation of someone's civil rights, including the use of unreasonable force, this officer has the duty and legal responsibility to report that information or stop the incident from happening. fill in the blank:
Duty to "____________"
Yes, Officers have a legal responsibility to report the information or to intervene.
Duty to INTERCEDE.
During a consensual encounter a person verbally provided a police officer with a fake name. What crime has been committed, if any?
None. There is no legal need to provide information during a consensual encounter.
10 year old Johnny who is severally autistic takes his fathers firearm to school. Campus police officers discover the firearms in Johnny's backpack. What legal actions will be taken against Johnny if any?
None, Johnny lacks the age and mental capacity to commit a crime. (PC 26-Persons Capable of Committing Crime)
Deputy Beavers arrests Andrew Weber and is transporting him to be booked in jail. Does Deputy Beavers need to read Weber his Miranda Warning prior to booking?
No, Custody and interrogation do no exist. Deputy Beavers only has custody of Weber and not interrogation.
Johnson is arrested from his residence for a felony crime. Johnson is the sole owner of the home. Police officers receive consent from Johnson's mother to search the residence. Do the police officers have authority to search the residence using consent from Johnson's mother? (explain)
No, Johnson's mother does not have standing.
Which case law is utilized to judge an officers use of force?
Graham v Connor. "objective reasonableness"
Officer Wallen conducts a traffic stop for traffic violations. The driver, Jones gives consent for a full search of his vehicle. Officer Wallen is searching the trunk of the vehicle when Jones recants his consent stating " I do not want you to search anymore" Does Officer Wallen have the authority to continue the search?
No, Officers must stop their search any time consent is withdrawn.
A tenant refuses to pay rent to a landlord. Is this an example of criminal law or civil law?
Civil law.
Officer Jones located Smith, who matched the description of a suspect who committed a burglary one mile from their location. Officer jones detained Smith and conducted a pat down search. During the pat down search an illegal firearm was located. Smith was placed under arrest for possession of an illegal firearm. Officer Jones later discovered Jones was not involved in the burglary. Was this a lawful arrest?
Yes, the initial detainment and search was lawful leading to the discovery of an illegal firearm.
Fill in the blank:
"_______" means the relatively small and usually well-defined area immediately around a residence to which the occupant has a reasonable expectation of privacy?
Curtilage.
Officer Jones lawfully detains Tim Briggs for a crime. Officer Jones attempts to place handcuffs on Briggs and Briggs takes a fighting stance. Officer Jones utilizes his taser to subdue Briggs, placing him in handcuffs. Was this level of force reasonable?
Yes, Officer Jones used only the level of force necessary to overcome assaultive resistance and effect an arrest.
An officer conducts a traffic stop and is provided with a false identification by the driver. The driver utilized his brother's California ID which clearly did not look like him. What crime was committed, if any?
False impersonation PC 529 (felony) or PC 148.9 (misdemeanor) false identification to a police officer.
While the "letter of the law" refers to its literal text, this phrase refers to the intended purpose or underlying rationale of a law or rule.
"Spirit of the law"
Officer Wallen responds to a liquor store and takes a misdemeanor crime report for a stolen candybar. Officer Wallen later locates the suspect, 20 year old Roger King. Officer Wallen places King under arrest and transports him to jail. Did Officer Wallen have the authority to make the arrest?
No, Officer Wallen needs a citizens arrest from the victim to arrest a person who committed a misdemeanor outside of Officer Wallen's presence.
Officers have probable cause to believe stolen property is being kept at 1254 Main St Modesto, Ca. Officers respond to the residence, enter, and retrieve the property. Did officers have authority to do so? (explain)
No, officers needed a search warrant before entering the property.
Officer King arrests Johnny Smith for a felony crime. Smith, who is handcuffed in the back of King's patrol vehicle becomes irate, yelling curse words, and banging his head against the seat of the vehicle. Officer King opens the door, pulls out his taser and discharges it, striking Smith. Is the level or force used reasonable?
No, Smith is already in custody and poses no risk to Officer King. Smith is harming himself and deploying a taser would escalate the incident possibly causing further injury.
During a legal pat down search for weapons officer Jones feels what he immediately believes to be a methamphetamine pipe. Can officer jones retrieve this item?
Yes. Page 3-20