4.0 - Legal Flashcards by Regan Impellizeri

A detention is warranted if there is reasonable suspicion by an officer that: (4.01-IV)

a. Some activity related to crime has taken place
b. A crime is about to take place
c. The individual stopped or detained is involved in that activity.
d. All of the above.

D - All of the above

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When photographing a juvenile, and Officer must notify the juvenile’s parents even if the juvenile consents? (4.01-IV)

a. True
b. False

A - True

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Which of the following is a valid reason to move a detained subject? (4.01-IV)

a. Detainee consent
b. A victim cannot be brought to the scene for a curbside lineup
c. Officer safety
d. All of the above

D - All of the above

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During a legal detention, the detained person may not be compelled to answer any questions even of identity. (4.01-IV)

a. True
b. False

A - True

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If the basis of the officer’s reasonable suspicion is based on information from another person, the officer should consider the following factors regarding the source’s reliability: (4.01-IV)

a. Whether the Officer knows the informant
b. Whether the information has been corroborated in any way
c. The reputation of the officer giving you the information
d. All of the above
e. A and B

E - A and B

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When conducting a detention, the officer shall notify the subject contacted that he or she is no longer free to leave unless: (4.01-IV)

a. Such notification may hamper an ongoing investigation.
b. Such notification may jeopardize the officer’s safety.
c. Both A and B
d. None of the above - subjects are always free to leave during a detention.

C - Both A and B

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A suspect in entitled to a lawyer at a live line-up whether charges have been filed or not. (4.02-V)

a. True
b. False

A - True

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All line-ups should consist of at least ___ persons in addition to the suspect. (4.02-VI)

a. 3
b. 4
c. 5
d. 6

B - 4

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During Curbstone line-up, officers should transport victim/witness to the suspect for viewing. Which one is NOT an exception to that general rule? (4.02-VIII)

a. Probable Cause to Arrest
b. Consent
c. Impracticality: Witness is injured
d. None of the above - These are all legitimate exceptions.

D - None of the above, these are all legitimate exceptions

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For purposes of giving Miranda Warnings, “Custody” exists when what two requirements are met? (4.02-IV)

a. The suspect is deprived of his or her freedom in a significant way.
b. The suspect is allowed to leave.
c. The suspect is aware of the the lack of freedom
d. A & B
e. A & C

E - A & C

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The following examples are factors of determining custody except: (4.03-V)

a. How many officers are present
b. How long the questioning lasts
c. Asking questions to “clear up” the situation
d. When the questioning takes place

C - Asking questions to “clear up” the situation

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If a suspect answers “no” to question #2 of the Miranda Warnings, but provides a statement without the officer asking questions, that statement cannot be used. (4.03-V)

a. True
b. False

B - False

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When is violence between individuals considered Domestic Violence? (4.04-III)

a. During first dates
b. Between friends
c. Between siblings
d. Between spouses or partners

D - Between spouses and partners

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What sections apply to Domestic Violence? (4.04-III)

a. 273.5 PC - Trauma fo body caused by physical force. (visible injury)
b. 242 PC - Battery
c. 243 (b) PC - Battery on a police officer, firefighter, EMT, Lifeguard or animal control officer.
d. All of the above.

D - All of the above

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Section 243(e)(1) PC can be used in the following situations: (4.04-III)

a. Current or former non-dating cohabitant relationship
b. Parent of the suspect’s child
c. Spouse or former spouse
d. Both B and C

D - Both B and C

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A dating relationship as defined in Family Code section 6210 as: (4.04-IV)

a. A onetime date
b. Frequent, intimate involvement - three or more dates.
c. Going out to dinner for the first time with someone.
d. Two dates

B - Frequent, intimate involvement - three or more dates

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If a weapon is impounded from a domestic violence incident, how long shall the the weapon be held? (4.04-V)

a. At least 24 hours
b. At least 48 hours
c. At least 72 hours
d. 5 business days

B - At least 48 hours

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When a weapon has been seized in a domestic violence incident, and a petition has been initiated in Superior Court to determine if the weapon should be returned, the owner of the weapon will be notified within ______ days of the seizure. (4.04-V)

a. 15 days
b. 30 days
c. 60 days
d. 90 days

C - 60 days

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Who or what office coordinates petitions to determine if a weapon should be returned to an owner involved in domestic violence? (4.04-V)

a. The City Attorney’s Office
b. The District Attorney’s Office
c. The Property Room Gun Desk
d. The detective assigned to the case

A - The City Attorney’s Office

When should the Domestic Violence Unit be contacted if outside normal business hours? (4.04-VI)

a. In cases involved serious/life threatening injuries, attempted homicides or in cases where a firearm or other deadly weapon was used.
b. If the crime is of sensitive nature such as one involving a victim or suspect that is employed by a law enforcement agency.
c. When a person could potentially generate media attention.
d. All of the above.

D - All of the above

When a court makes a “No Negative Contact Order”, what does that refer to? (4.05-IV)

a. An order by a court for the defendant to have no negative contact with a protected person
b. Is issued in a criminal case
c. The order prohibits annoying, harassing, molesting, or disturbing the peace of the protected person
d. All of the above

D - All of the above

The Sheriff’s Office accepts orders issued in other states only if they have been filed with a California Court. (4.05-V)

a. True
b. False

A - True

When officers obtain an EPO, they must insert the date of expiration of the EPO. The order is effective when made and expires. . .(4.05-VIII)

a. 5:00 p.m. on the 5th day of judicial business (Five full court days) or on the seventh calendar day following the day of its issue, whichever comes first. Do not count the day the order is granted.
b. 5:00 p.m. on the third day of judicial business or on the fifth calendar day following the day of its issue, whichever comes first. Do not count the day the order is granted.
c. 72 hours after the order is issued.
d. 2:00 p.m. on the third day of judicial business. Do not count the day the order is granted.

A - 5:00 p.m. on the 5th day of judicial business (Five full court days) or on the seventh calendar day following the day of its issue, whichever comes first. Do not count the day the order is granted.

An order of a court directing peace officers to arrest the person described in the warrant and to bring that person before the court for further proceedings is a: (4.06-III)

a. Bench warrant
b. Warrant of arrest
c. Active warrant
d. All of the above

B - Warrant of arrest

A warrant issued by a judge when a defendant fails to appear in court: (4.06-III) a. Bench warrant b. Warrant of arrest c. Active warrant d. All of the above

A - Bench warrant

There is no statute of limitations on an arrest warrant. (4.06-IV) a. True b. False

A -True

All misdemeanor warrants are removed from the Sheriff's computer system if not served within: (4.06-IV) a. Within two years from the date of issue b. Within three years from the date of issue c. Within five years from the date of issue d. Within 10 years from the date of issue

C - within five years from the date of issue

Under emergency conditions and when time is of the essence, it is possible to obtain a telephonic search warrant during normal working hours. (4.07IV) a. True b. False

A - True

Night service hours for search warrants is: (4.07-IV) a. 2000 hours to 0600 hours b. 2100 hours to 0600 hours c. 2200 hours to 0700 hours d. None of the above

C - 2200 hours to 0700 hours

Per 844 PC, "knock and notice" is not required for open inner doors. (4.07-IV) a. True b. False

A - True

During the execution of a search warrant, the head of the household should not be allowed to read the original warrant: (4.07-IV) a. True b. False

B - False

The officer who executed the search warrant must take the original search warrant and Receipt and Inventory forms to the judge who issued the search warrant .. . (4.07-IV) a. In the next five court days b. As soon as possible c. Before 1700 hours on the court day immediately following the day the warrant was executed. d. None of the above.

C - Before 1700 hours on the court day immediately following the day the warrant was executed.

If the judge who issued the search warrant is not available when the officer returns the documents, the officer should: (4.07-IV) a. Return when the judge who issued the search warrant is available b. Take the documents to the Presiding Judge or the acting Presiding Judge c. Notify the Deputy District Attorney who approved the search warrant of the judges absence and return when the original judge is available d. None of the above

B - Take the documents to the Presiding Judge or the acting Presiding Judge

For charging purposes, a violation of SDMC 59.0502(b)(2)(A) requires the loud noise be plainly audible at a distance of: (4.09-III) a. 25 feet b. 50 feet c. 100 feet d. Distance doesn't matter

B - 50 feet

Reference to SDMC 59.0502(b)(2)(A), for issuing guidelines, the City Attorney requires the loud noise be plainly heard from a distance of: (4.09-III) a. 50 feet b. 75 feet c. 100 feet d. Distance doesn't matter

B - 75 feet

After issuing a First Response Notice for a disturbance call, the following person is responsible for monitoring any recurrence of the disturbance: (4.09-IV) a. Field supervisor b. The issuing officer c. Any officer familiar with the call d. Communications

A - Field supervisor

Private repossessors and their employees are required to carry an identification card issued by the: (4.10-III) a. California Deparment of Motor Vehicles b. California Bureau of Security and Investigative Services c. California Bureau of Automotive Repair d. Communications

B - California Bureau of Security and Investigative Services

Any person who engages in business or accepts employment to locate or recover personal property registered under the Vehicle Code or other personal property sold under a security agreement is a: (4.10-IV) a. Certified tow truck driver contracted out by local law enforcement. b. Bail bondsman c. Repossessor d. Certified Car Dealer

C - Repossessor

Which is a duty of an officer at the scene of a repossession? (4.10-V) a. If the person in possession is present and objects to the repossession prior to the repossessor being in possession, the repossessor must leave. b. If the person in possession is not present, or if the person in possession is present but does not object, and the repossessor is not in violation of any criminal law, the repossessor is allowed to proceed with the repossession. c. Both A and B d. None of the above

C - Both A and B

Officers will do the following when they receive a request from a foreign national for asylum in the United States: (4.11-IV) a. Transport the foreign national to the Watch Commander's Office. b. For Adults, Contact the Department FBI liaison c. For Juveniles, transport to Polinsky Center (call intake desk prior to transport) d. Any of the above

A - Transport the foreign national to the Watch Commander's Office.

In the event Immigration and Customs Enforcement (ICE) personnel are unable to respond or cannot be contacted to assist with the foreign national, officers will contact the FBI (4.11-IV) a. True b. False

B - False

Police Officers will not prepare any crime report for crimes occurring in Mexico since it is outside the US jurisdiction. (4.14-III) a. True b. False

B - False

In the event that a California resident had his/her vehicle stolen while in Baja California, Mexico, the victim should be told they may file a courtesy report with the California Highway Patrol upon returning to the United Sates. The requirements for filing a courtesy report are: (4.14-IV) a. Must be a resident of California b. Vehicle must have been registered in California at the time of the theft. c. Must provide a copy of the Mexican stolen vehicle report d. All of the above

D - All of the above

Officers will take reports for any other crimes that occurred in Mexico, which include domestic violence, battery, theft, etc. (4.14-IV) a. True b. False

B - False

If the victim is reporting a crime of rape or sexual assault that occurred in Mexico, the officer shall order a SART at the victim's request. (4.14-IV) a. True b. False

B - False