Commonly Used Codes

Question 1

Violation of Civil Rights
No person, whether or not acting under color of law, shall by force or threat of force, willfully injure, intimidate, interfere with, oppress, or threaten any other person in the free exercise or enjoyment of any right or privilege secured to him or her by the Constitution or laws of this state or by the Constitution or laws of the United States in whole or in part because of one or more of the actual or perceived characteristics of the victim

Answer 1

PEN§ 422.6(a)

Question 2

Hate Crime, Definitions
For purposes of this title, and for purposes of all other state law unless an explicit provision of law or the context clearly requires a different meaning, the following shall apply:
(a) “Hate crime” means a criminal act committed, in whole or in part, because of one or more of the following actual or perceived characteristics of the victim:
(1) Disability.
(2) Gender.
(3) Nationality.
(4) Race or ethnicity.
(5) Religion.
(6) Sexual orientation.
(7) Association with a person or group with one or more of these actual or perceived characteristics

Answer 2

PEN§ 422.55

Question 3

Gun-Free School Zone Act of 1995

(a) This section shall be known, and may be cited, as the Gun-Free School Zone Act of 1995.

Answer 3

PEN§ 626.9

Question 4

Crime of Carrying a Concealed Firearm

Answer 4

PEN§ 25400

Question 5

Motion to Suppress Evidence
A defendant may move for the return of property or to suppress as evidence any tangible or intangible thing obtained as a result of a search or seizure

Answer 5

PEN§ 1538.5

Question 6

Resisting Executive Officer
Every person who attempts, by means of any threat or violence, to deter or prevent an executive officer from performing any duty imposed upon the officer by law, or who knowingly resists, by the use of force or violence, the officer, in the performance of his or her duty

Answer 6

PEN§ 69

Question 7

Detention for Firearms Offense
(a) In addition to any other detention permitted by law, if a peace officer has reasonable cause to believe that a person has a firearm or other deadly weapon with him or her in violation of any provision of law relating to firearms or deadly weapons the peace officer may detain that person to determine whether a crime relating to firearms or deadly weapons has been committed.

Answer 7

PEN§ 833.5(a)

Question 8

Search for Firearms Offense
Incident to any detention permitted pursuant to subdivision (a), a peace officer may conduct a limited search of the person for firearms or weapons if the peace officer reasonably concludes that the person detained may be armed and presently dangerous to the peace officer or others. Any firearm or weapon seized pursuant to a valid detention or search pursuant to this section shall be admissible in evidence in any proceeding for any purpose permitted by law.

Answer 8

PEN§ 833.5(b)

Question 9

Suspected Immigration Violation
Based on California’s public policy of encouraging all victims and witnesses to cooperate with the criminal justice system, This Penal Code section prohibits detaining a witness or victim for suspected immigration violations. The statute also prohibits turning these individuals over to federal immigration authorities absent a judicial warrant.

Answer 9

PEN§ 679.015

Question 10

(a) A peace officer may arrest a person in obedience to a warrant, or, pursuant to the authority granted to him or her by Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, without a warrant, may arrest a person whenever any of the following circumstances occur:
(1) The officer has probable cause to believe that the person to be arrested has committed a public offense in the officer’s presence.
(2) The person arrested has committed a felony, although not in the officer’s presence.
(3) The officer has probable cause to believe that the person to be arrested has committed a felony, whether or not a felony, in fact, has been committed.

Answer 10

PEN§ 836

Question 11

For a felony, you may make an arrest–with or without a warrant–at any time of the day or night.

Answer 11

PEN§ 840

Question 12

Under Penal Code 840, An arrest for the commission of a misdemeanor or an infraction cannot be made between the hours of _____ p.m. of any day and _____ a.m. of the succeeding day, unless:

(1) The arrest is made without a warrant pursuant to Section 836 or 837.
(2) The arrest is made in a public place.
(3) The arrest is made when the person is in custody pursuant to another lawful arrest.
(4) The arrest is made pursuant to a warrant which, for good cause shown, directs that it may be served at any time of the day or night.

Answer 12

10 o’clock PM and 6 o’clock AM

Question 13

Under Penal Code 825, In every case, the arraignment for adults must occur within ___ hours after the defendant’s arrest, excluding weekends and holidays.

Answer 13

48 hours

Question 14

Arraignment for juveniles, the same rule applies as adults, EXCEPT that the time limit is ____ hours instead of 48 hours. In other words, there must be a judicial determination of probable cause–which may or may not take the form of a “detention hearing”–within ____ hours of arrest, with no exceptions for weekends or holidays.

Answer 14

72 hours

Question 15

This section applies only to persons named in misdemeanor arrest warrants.
Under this section, you MAY CITE AND RELEASE the named person, instead of taking him or her into physical custody, unless one of the following conditions exists: (1) the misdemeanor cited in the warrant involves violence, a firearm, resisting arrest, or giving false information to a peace officer; (2) the person is a danger to himself or herself because of alcohol, drugs or narcotics; (3) the person has other ineligible pending charges; (4) the person refuses to sign the notice to appear; (5) the person cannot provide satisfactory evidence of personal identification; (6) there is a reasonable likelihood that the offense would continue or resume if you released the person or that the safety of persons or property would be immediately endangered; or (7) the arrest warrant states that the person is not eligible to be released on a citation.

Answer 15

Penal Code § 827.1

Question 16

When an arrest is made without a warrant by a peace officer or private person, the person arrested, if not otherwise released, shall, without unnecessary delay, be taken before the nearest or most accessible magistrate in the county in which the offense is triable, and a complaint stating the charge against the arrested person shall be laid before the magistrate.

Answer 16

PEN§ 849. Arrest Without Warrant

Question 17

Knock and Notice / Breaking into House to Arrest
To make an arrest, a private person, if the offense is a felony, and in all cases a peace officer, may break open the door or window of the house in which the person to be arrested is, or in which they have reasonable grounds for believing the person to be, after having demanded admittance and explained the purpose for which admittance is desired.

Answer 17

PEN§ 844

Question 18

A landlord may enter the dwelling unit only in the following cases:

(1) In case of emergency.
(2) To make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors or to make an inspection pursuant to subdivision (f) of Section 1950.5.
(3) When the tenant has abandoned or surrendered the premises.
(4) Pursuant to court order.

Answer 18

California Civil Code 1954

Question 19

Entry into House
The officer may break open any outer or inner door or window of a house, or any part of a house, or anything therein, to execute the warrant, if, after notice of his authority and purpose, the officer waited a reasonable amount of time, and he is refused admittance.

Answer 19

PEN§ 1531

Question 20

The seizure of a tenant’s property without a court order is a misdemeanor prohibited by Penal Code section ___, and entering the premises to seize the property may constitute trespass.

Answer 20

PEN§ 418

Question 21

A person is guilty of carrying a loaded firearm when the person carries a loaded firearm on the person or in a vehicle while in any public place or on any public street in an incorporated city or in any public place or on any public street in a prohibited area of unincorporated territory.

Answer 21

Penal Code 25850(a)

Question 22

In order to determine whether or not a firearm is loaded for the purpose of enforcing this section, peace officers are authorized to examine any firearm carried by anyone on the person or in a vehicle while in any public place or on any public street in an incorporated city or prohibited area of an unincorporated territory

Answer 22

Penal Code 25850(b)

Question 23

Peace Officer Personnel Records
(a) Except as provided in subdivision (b), the personnel records of peace officers and custodial officers and records maintained by any state or local agency pursuant to Section 832.5
and the Public’s right to know all about serious police misconduct, as well as about officer-involved shootings and other serious uses of force. Officer violations of civilians’ rights, or inquiries into deadly use of force incidents

Answer 23

PEN§ 832.7

Question 24

Per Penal Code 832.5(b), how long should complaints and any reports or findings relating to these complaints against peace officers be retained?

Answer 24

(b) Complaints and any reports or findings relating to these complaints shall be retained for a period of at least five years.
Information obtained from these records, are confidential and shall not be disclosed in any criminal or civil proceeding except by discovery pursuant to Sections 1043 and 1046 of the Evidence Code. This section shall not apply to investigations or proceedings concerning the conduct of peace officers or custodial officers, or an agency or department that employs those officers, conducted by a grand jury, a district attorney’s office, or the Attorney General’s office.

Question 25

Person under the age of 18 years. (b) Notwithstanding Sections 23123 and 23123.5, a person described in subdivision (a) shall not drive a motor vehicle while using a wireless telephone or an electronic wireless communications device, even if equipped with a hands-free device.

Answer 25

CA Veh Code § 23124(a)

Question 26

“Knock and notice” statute governing “forcible” entries to arrest. The requirements of that statute exist whether or not you have an arrest warrant. Speaking generally, you must let the people inside know who you are and why you are there before you can “break in.”

Answer 26

Penal Code section 844

Question 27

This California Penal Code § ______ PC permits you to make a CITIZEN’S ARREST if you witness a misdemeanor or felony crime or have reasonable cause to believe someone committed a felony. To do so, you must inform the person you are arresting and provide a reason for the arrest.

Answer 27

California Penal Code § 837 PC