CPLS Flashcards
A __________ occurs when an expectation of privacy that society is prepared to consider reasonable is infringed upon by a government officer.
Search
Section 2
A _________ of property occurs when there is some meaningful interference with an individual’s possessory interest in that property.
Seizure
Section 2
A seizure of a person occurs when?
1) When a peace officer applies force
2) When a person voluntarily submits to a peace officer’s authority
(Section 2)
The __________ Amendment of the US Constitution is not violated unless a legitimate expectation of privacy is infringed upon.
Fourth
Section 2
If the court finds that a search or seizure was unreasonable, it must decide if the evidence should be _____________.
Suppressed, ruled inadmissible, or excluded
Section 2
A defendant must demonstrate __________ if he or she moves to suppress evidence
Standing
Section 2
Under the Constitution and system of law, warrantless searches are ______________.
Presumptively illegal
Section 2
Warrantless searches will only be upheld if the prosecutor can prove that the conduct came within what three exceptions?
1) Consent was granted
2) Exigent circumstances
3) Search incident to arrest
(Section 2)
A voluntary contact between an officer and a person is called a ____________.
Consensual encounter
Section 2
Law enforcement has no authority to conduct any kind of search during a consensual encounter unless a person gives _____________.
Voluntary consent
Section 2
True or False: a limited search for weapons will turn a consensual encounter into a detention.
True
Section 2
True or False: if an officer sees contraband in plain view, he or she has the right to seize it and has probable cause to arrest the person.
True
Section 2
A detention occurs whenever a _____________ person believes he or she is not free to leave.
Reasonable and innocent
Section 2
A person is not seized within the meaning of the 4th Amendment unless he or she is ____________.
Somehow physically restrained
Section 2
True or False: you do not generally have to give a Miranda warning to someone you have detained for reasonable suspicion for a cite and release offense or for inquiries about identity.
True
Section 2
True or False: during detention, you have no powers to conduct a full exploratory search of a suspect (unless the person is on parole or probation with search conditions).
True
Section 2
True or False: you may conduct a pat-down or limited search of a person you have detained.
True
Section 2
True or False: from a lawful vantage point, an officer observes an illegal marijuana growing operation in a private, fenced back yard. The officer may enter the back yard and seize the marijuana based on this probable cause only.
False
Section 3
True or False: a person normally has no reasonable expectation of privacy in the area around the front of his or her home.
True
Section 3
True or False: a person normally has a higher expectation of privacy in his or her back yard than in the front yard.
True
Section 3
True or False: apartment dwellers do not have a reasonable expectation of privacy in the shared back yard of a multi-unit complex.
True
Section 3
True or False: looking through a window or a house from a place where the public has implicitly been invited (pathway, walkway, sidewalk, etc.) is legal.
True
Section 3
True or False: peeking through a small hole or area (such as gap in a window blind) may be considered illegal.
True
Section 3
If an officer can see over/beyond a wall or fence without _____________, the viewing will normally not be considered a search.
Extraordinary effort or “peeking”
Section 3
Curtilage is determined by what four factors?
1) The proximity of the area to the home
2) Whether the area is included within an enclosure
3) How the area is used
4) The steps taken by the resident to conceal the area from the public
(Section 3)
Areas beyond “curtilage” are considered __________.
Open fields
Section 3
___________ are areas of land so open to public view that the owner or possessor is deemed to have implicitly invited the police to observe his or her contraband.
Open fields
Section 3
Binoculars may be used to look onto premises or into a building if what is being viewed could be seen with the __________ from a lawful position.
Naked eye
Section 3
Persons on the ground have no privacy from warrantless aerial observations made form aircraft flying in a physically nonintrusive manner in publicly navigable airspace, typically ________ feet or more above the ground.
1,000 feet
An officer may seize an object that is in plain view, so long as what three factors are present?
1) The officer has a lawful right to be in the place from which he or she is viewing the object
2) The incriminating character of the object is immediately apparent
3) The officer has a lawful right to access the location of the object
(Section 3)
Warrantless entry by police into a residence is presumed to be illegal unless justified by what factors?
1) Consent
2) Exigent circumstances
(Section 3)
“Exigent circumstances” is an emergency requiring swift action to prevent what four events from occurring?
1) Imminent danger to life or welfare
2) Serious damage to property
3) Imminent escape of a suspect
4) Destruction of evidence
(Section 3)
A _____________ is a limited, quick visual inspection of those places where a person who poses a danger to you or others might be hiding.
Protective sweep
Section 3
In order to fulfill the requirements of a “knock and notice,” an officer must do what before entering?
1) Knock (or do something to alert people inside the residence)
2) Identify yourself as a police officer
3) Explain your purpose
4) Demand entry
5) Wait a reasonable period of time before entering
(Section 3)
For consent to search to be valid, the consent must be voluntary and obtained from a person with _____________ to give consent.
Authority or apparent authority
Section 3
When a person is lawfully arrested in a home or other building, a limited right exists to conduct a warrantless search not only of his or her person, but also of the area within his or her __________.
Immediate control
Section 3
True or False: officers may routinely enter a residence to conduct a search incident to arrest after the suspect is handcuffed and secured in a squad car.
False
Section 3
A search incident to arrest is permissible only if it takes place at the same place and at essentially the same time as the arrest. “Same time” refers to ___________.
Before, during, or immediately after the arrest.
Section 3
Normally, any evidence you find by searching beyond the suspect’s immediate control will be suppressed unless you see it in _____________ while you are still within the “immediate control” area.
Plain view
Section 3
Is there a reasonable expectation of privacy in trash or garbage that has been placed curbside or outside the “curtilage” of the residence in a sealed bag?
No
Section 3
An officer walks up to a driver who was already stopped in his vehicle and politely asks to see his driver license. True or False: this is considered a detention.
False
Section 4
An officer pulls in behind a parked car and activates the patrol vehicle emergency lights. True or False: this is considered a detention.
True
Section 4
An officer makes a stop on a vehicle based on erroneous computer information entered by court personnel. True or False: the stop is invalid and any evidence seized will be suppressed.
False
Section 4
An officer makes a stop on a vehicle based on the fact that the registered owner of the vehicle has an outstanding arrest warrant and the driver “could” be the registered owner. True or False: the stop was lawful.
True
Section 4
An officer makes a stop on a vehicle being driven at night in a private parking lot for the purpose of reminding the driver to turn on his headlights before entering public streets. True or False: the stop was lawful.
True
Section 4
A _________ stop is a stop to investigate a crime or infraction when officers also have an additional motive for the contact.
Pretext
Section 4
A _________ is when officers lack any legal basis for a stop.
Ruse
Section 4
An officer saw an unfamiliar van driving slowly in a circle through a residential neighborhood at 1:30 AM. The officer felt the speed and route were suggestive of a “casing” operation and was aware that many residential and auto burglaries had occurred in that neighborhood. The officer made a stop on the vehicle to investigate further. True or False: the stop was lawful.
True
Section 4
At 1:45 AM, an officer heard a report through dispatch of a possible intoxicated driver “weaving all over the road” with a description of the vehicle. The officer was less than four miles from where the vehicle was last seen and positioned himself on the shoulder. The officer was able to intercept the vehicle; however, the officer did not see any weaving, speeding, or other violation of traffic laws. The officer made a traffic stop to investigate the sobriety of the driver. True or False: the stop was unlawful.
False
Section 4
Even one truly anonymous report concerning drunk or reckless driving will justify a brief detention if the report is made ______ and the car is still being driven on a public roadway.
Contemporaneously
Section 4
True or False: in all traffic stops, the driver and the passengers are considered to be seized, and therefore all persons within the vehicle have standing to challenge the constitutionality of the stop.
True
Section 4
True or False: in all cases pertaining to traffic stops, the officer has the right to order the driver to get out of the vehicle.
True
Section 4
True or False: if a driver does not have the required documentation (driver license, registration, etc.) on his or her person but indicates where it is located inside the vehicle, the officer may retrieve the item himself/herself.
True
Section 4
True or False: if an occupant of a vehicle is on parole, the officer may search areas of the passenger compartment, including containers, where it is objectively reasonable to expect that the parolee could have placed personal items or discarded contraband.
True
Vehicle searches incidental to arrest are lawful under what circumstances?
1) An arrestee could gain access to the passenger compartment of the vehicle
2) It would be reasonable to believe that evidence relevant to the arrest offense could be found in the vehicle
(Section 4)
The courts have created an exception to the warrant requirement when it comes to vehicles because of what factors?
1) The lower expectation of privacy in a vehicle
2) Vehicles are subject to substantial government regulation
(Section 4)
True or False: the warrantless vehicle search “automobile exception” applies to other vehicles, including motor homes, vans, bicycles, motorcycles, and houseboats.
True
Section 4
Two men were standing by a car in a high prostitution area, one examining a plastic bag, the other looking around; the defendant slammed the trunk closed, walked away as the officer approached, and refused to stop. The defendant would not identify himself and no longer had a plastic bag in his hand. Is there sufficient probable cause to search the trunk of the car?
No
Section 4
True or False: under the “automobile exception,” a warrantless search of a vehicle must take place on the roadside at the time of the stop.
False (the vehicle may be towed away and searched at a later time)
(Section 4)
True or False: finding a syringe on the driver’s person that he admitted was for taking drugs provided probable cause to search a purse that a passenger had left on the back seat.
True
Section 4
The “automobile exception” applies to a motorhome under what circumstances?
1) It is being used on the highways or is capable of such use
2) It is found stationary in a place not regularly used for residential purposes
(Section 4)
An officer stops a vehicle for a traffic offense. The officer puts his head inside the window and sees contraband that was not visible from the outside. Was this search legal?
No
Section 4
True or False: use of a flashlight does not affect the lawfulness of a “plain view” seizure.
True
Section 4
Vehicle inventories are supported by what three rationales?
1) Protection of an owner’s property while it is in police custody
2) Protection of police against claims of lost, stolen, or vandalized property
3) Officer safety
(Section 4)
True or False: Border Patrol agents may stop travelers at the border, or near the border at its functional equivalent, without probable cause.
True
Section 5
True or False: Border Patrol agents may stop vehicles at reasonably located, fixed, permanent checkpoints many miles away from the border without any individualized or reasonable suspicion that the particular vehicle contains illegal aliens.
True
Section 5
True or False: every vehicle entering the country may be searched at the border without cause or suspicion.
True
Section 5
The _______ restricts state and local authorities from cooperating with federal immigration enforcement.
California Values Act (SB 54)
Section 5
Sobriety checkpoints, inspections of hunting licenses, and border checkpoints are examples of ___________.
Blanket regulatory searches
Section 5
What are the 8 functional guidelines for lawful sobriety checkpoints?
1) Supervisory-level decisions
2) Neutral formula
3) Safety precautions
4) Reasonable location
5) Time and duration
6) Indicia of roadblock
7) Length and nature of detention
8) Advanced publicity
(Section 5)
True or False: general crime control roadblocks are lawful.
False
Section 5
General roadblocks are permitted under what circumstances?
When a crime was committed that was exceptionally atrocious or when such action is necessary to prevent a grave peril
(Section 5)
When police at airports squeeze luggage that has been checked in order to smell the air that comes out, this lawful action is called __________.
“Poofing” (I can think of several jokes about this one)
Section 5
When is a dog sniff considered a search?
When a citizen has a reasonable expectation of privacy
Section 5
What must be established before searching a probationer?
The probationer’s search status and the specific conditions that may limit the scope of the search.
(Section 5)
True or False: Officers may enter the residence of a parolee, PRCS, or probationer with a search condition to make a warrantless arrest of that person.
True
Section 5
Under what circumstances may officer conduct a protective sweep of an entire residence, including non-probationers and their quarters?
1) When justified by the type of criminal conduct underlying an arrest or search
2) When ongoing criminal activity is apparent in the residence
3) There is a potential for the presence of firearms
4) There is a potential for the presence of other persons in the residence
(Section 5)
True or False: people who live with offenders subject to search have a reasonable expectation of privacy in shared areas of the residence.
False
Section 5
True or False: If a probationer has a “non-association” condition, it is proper for an officer to briefly detain those who are present or departing to check their status.
True
Section 5
True or False: a “McNeely” warrant is not required to draw blood from a DUI refusal who is on parole, PRCS, or searchable detention.
True
Section 5
True or False: attaching a GPS device to a person’s body or vehicle without his or her consent for the purpose of tracking his or her movements is considered a “search.”
True
Section 5
True or False: a private person may make a private persons arrest for an infraction committed in the private persons’s presence.
True
Section 5
When officers “receive” an arrestee out of a private person’s arrest, what are the officer’s options?
1) Book the suspect into jail
2) Cite and release the suspect
3) Release the suspect without issuing a notice to appear
(Section 5)
True or False: evidence obtained as a result of a search and seizure by private persons is admissible.
True
Section 5
True or False: if a private person conducts a search or seizure in response to an officer’s request or passive permission, the private person becomes the officer’s agent.
True
Section 5
True or False: only Federal law (not state law) controls the question of who is a government agent.
True
Section 5
True or False: security guards have greater powers to search than merchants, library employees, or theater owners.
False
Section 5
True or False: mail is considered a personal effect protected under the 4th Amendment.
True
Section 5
True or False: a search warrant is required to access bulk cell-site tower data.
True
Section 5
What constitutes a strip search?
A visual inspection of the underclothing, breasts, buttocks, or genitalia
(Section 5)
What constitutes a visual body cavity search?
A visual inspection of the vagina or rectal cavity
Section 5
True or False: a search warrant is required to perform a physical body cavity search.
True
Section 5
Is it permissible to eavesdrop on an arrestee during booking, including tape-recording what the arrestee says?
Yes (as long as the arrestee is not speaking to an attorney)
Section 5
True or False: police officers may record telephone calls that they are an actual party to, with or without consent of the other party.
True
Section 5
Is “bugging” (electronic eavesdropping) generally permitted for in-custody conversations?
Yes
Section 5
True or False: evidence an officer obtains with a warrant that a reasonable officer objectively would believe is valid will be admissible in court even if the warrant is later found to be invalid.
True (under the “good faith” exception to the exclusionary rule)
(Section 6)
Is it permissible for a magistrate of one county to issue a warrant to search a place located in another county?
Yes (if the magistrate has probable cause to believe the evidence sought relates to a crime committed in the issuing magistrate’s county)
(Section 6)
True or False: an affidavit for a search warrant may be oral or written.
True
Section 6
Warrantless searches of certain closely regulated commercial premises (junkyards, gun dealers, bars, etc.) are permitted under the Fourth Amendment as _____________ without probable cause.
Administrative searches
Section 6
True or False: it is possible to have probable cause to search without having probable cause to arrest.
True
Section 6
True or False: It is possible to have probable cause to arrest without having probable cause to search.
True
Section 6
True or False: when seeking a search warrant, the concept of time is always crucial to the concept of probable cause.
True
Section 6
____________ are warrants issued based on a sufficient showing that evidence will be located at a specific place at some future time and are constitutional under the Fourth Amendment.
Anticipatory search warrants
Section 6
True or False: the affidavit for a search warrant may contain information the affiant obtained from an informant, regardless of whether he or she is an underworld figure, a crime victim, a suspect, another officer, or a police dispatcher.
True
Section 6
True or False: certain kinds of informants are automatically considered to be reliable by virtue of their position or status.
True
Section 6
Information considered too old for a magistrate to issue a warrant is considered _________.
Stale
Section 6
When preparing an affidavit for a warrant, the officer must establish the basis for his or her opinions, which usually consists of the officer’s ______________.
Training and experience
Section 6
The places, things, or persons to be searched or searched for must be described with reasonable ____________ in both the warrant and the affidavit.
Particularity
Section 6
Unless the issuing magistrate authorizes a search warrant to be served at any time of the day or night, the warrant shall be served only between what hours?
7 AM and 10 PM
Section 6
With the exception of tracking device search warrants, a search warrant shall be executed and returned within ______ days from issuance.
10 days
Section 6
True or False: peace officers, firefighters, emergency medical personnel, prosecutors, and crime victims have the right, under specified circumstances, to test the accused’s blood for the AIDS virus and other communicable diseases.
True
Section 6
True or False: a suspect’s post-arrest silence can be used against him or her at trial.
True
Section 7
California Penal Code Section 859.5 requires that all custodial interrogations of a _________ suspect who is in a “fixed place of detention” be electronically recorded in their entirety.
Murder
Section 7
The _________ Amendment of the US Constitution states that a person “shall not be compelled in any criminal case to be a witness against himself.”
Fifth
Section 7
A(n) __________ is any direct or “express” questioning about the crime being investigated or the functional equivalent of direct questioning.
Interrogation
Section 7
An officer arrested a suspect for an arrest warrant for a drug charge for which the suspect has obtained counsel. The officer asks the suspect about the whereabouts of someone being sought in an unrelated murder. True or False: any response from the suspect will be suppressed because the officer did not mirandize the suspect prior to questioning.
False
Section 7
As a suspect was arrested for murder, he told the detective, “I knew I’d see you again.” The detective answered, “Yeah now we know that you did kill Slappy McSlappyface.” The suspect paused and then said, “You’re right. I did it.” True or False: any response from the suspect will be suppressed because the detective did not mirandize the suspect prior to this interaction.
False
Section 7
True or False: if a person walks into a police station and offers to confess to a crime, Miranda is still required prior to questioning.
False
Section 7
Police videotaped, with audio, the booking of a DUI suspect. One of the questions was “Do you know the date of your sixth birthday?” (He did not.) The question was used to incriminate the suspect. True or False: this response from the suspect will be suppressed because the officer did not mirandize the suspect prior to questioning.
True
Section 7
True or False: if you give a Miranda advisement by reading from a card, you are permitted to read it from your card while on the witness stand.
True
Section 7
Under what emergency situations is Miranda not required?
1) Rescue doctrine
2) Public safety exception
(Section 7)
True or False: an officer may be sued civilly if there was a deliberate Miranda violation, or any other additional conduct that the court views as coercive.
True
Section 7
True or False: waiver of Miranda rights can be either expressed or implied.
True
Section 7
In order to be valid, a suspect’s waiver of Miranda Rights must be ________________.
Voluntary, knowing, and intelligent
Section 7
Under what conditions is an officer required to permit a lawyer to visit his or her client?
1) Suspect is arrested
2) Lawyer is licensed to practice law in California
3) Lawyer arrives at location where suspect is located
4) Lawyer is requested by the arrestee or arrestee’s relative
(Section 7)
True or False: a suspect who stands mute has not done enough to put the police on notice that he or she is relying on his or her Fifth Amendment rights.
True
Section 7
True or False: if a suspect has invoked his or her Miranda rights to counsel, an officer from a different jurisdiction may question the suspect without counsel.
False
Section 7
At minimum, how many days should an officer wait before attempting to contact a suspect who has invoked his or her Miranda right to counsel.
14 days
Section 7
Welfare and Institutions Code Section 625.6 requires a minor under ______ years of age to be given consultation with a lawyer prior to the waiver of any Miranda rights and custodial interrogation.
16 years old
Section 7
True or False: a minor may waive his or her right to consult with a lawyer pursuant to Welfare and Institutions Code Section 625.6 prior to being Mirandized.
False
Section 7
True or False: under federal constitutional law, a minor can waive his or her Miranda rights without his or her parents or other (non-attorney) adult being present or consulted.
True
Section 7
True of False: an officer may secretly record (and admit into evidence) any conversation that takes place at a police station or in a jail between a minor and an adult who is not his or her attorney.
True
Section 7
The __________ Amendment guarantees that “the accused shall enjoy the right… to have the assistance of counsel for his or her defense.”
Sixth
Section 7
A suspect’s right to counsel attaches at the time of ______________.
Formal charge, preliminary hearing, indictment, or arraignment
(Section 7)
True or False: the right to counsel applies when undercover agents (including an informant or “snitch” wearing a wire) questions a suspect about a charged offense on behalf of the government.
True
Section 7
True or False: an officer may contact a defendant in order to seek a waiver of his or her right to counsel regardless of whether counsel has been retained or appointed.
True
Section 7
The __________ doctrine prevents the suppression of evidence (obtained by a constitutional violation) if the same evidence would have been “inevitably” discovered.
“Inevitable Discovery” doctrine
Section 7
True or False: a suspect may give a voluntary statement even though he or she is ill, injured, hospitalized, or under the influence of drugs and/or alcohol.
True
Section 7
During a murder investigation, the detective tells the murder suspect, “There’s someone up above, bigger than both of us looking down saying… you know that you shot that person… and it’s time to purge it all.” True or False: the detective used coercive tactics, and any confession obtained from the suspect will be suppressed.
False
Section 7
True or False: while conducting a photo lineup, it is proper to advise whether you caught (or think you caught) the person who committed the crime.
False
Section 8
True or False: officers shall, when conducting photographic lineups, tell the witness that the person who committed the crime may or may not be among those present.
True
Section 8
True or False: officers shall, when conducting photographic lineups, tell the witness that just because the person is in custody does not mean he or she committed the crime.
True
Section 8
In a photographic lineup, the suspect was 37 years old and weighted 217 pounds. The other participants were between 19-30 years of age and weighed 160-180 pounds. The picture of the lineup did not show the defendant as appearing “significantly taller, heavier or older than other participants. True or False: this is a fair lineup.
True
Section 8
In a photographic lineup, the suspect was 6’1”, Italian, very dark-complexion, weighed 238 pounds and had dark wavy hair. He was placed in a four-man lineup in which none of the other participants were his size or had his dark complexion or his wavy hair. True or False: this is a fair lineup.
False
Section 8
True or False: it is acceptable for an officer, after a witness has made a tentative selection from a photographic lineup, to modify a photograph (such as to add a mustache) to aid in identification.
True
Section 8
In a photographic lineup, the defendant was the only person wearing “gang-type” clothing, the only person with a “droopy” eye, and his photograph was discolored. True or False; this is a fair lineup.
True
Section 8
What are two actions an officer should not do when a suspect is detained (seized) pending a show up?
1) Move the suspect to a different location
2) Conduct a full-scale search of the suspect
(Section 8)
True or False: while an officer is awaiting the arrival of the witness for a show up, it is permissible for the officer to place the suspect in his or her patrol car, handcuffed.
True (but it is not preferable, unless there is a safety threat)
(Section 8)
True or False: if an officer has probable cause to arrest a suspect, he or she may transport the suspect to the witness for the purpose of identification.
True
Section 8
True or False: an officer may obtain voluntary consent from a suspect to be moved to the witness’s location for identification purposes.
True
Section 8
True or False: if a detention occurs in an area where there are not enough officers to secure the scene, chase other suspects, or transport the witnesses, it is permissible for the officer to transport the suspect to the witness’s location for identification.
True
Section 8
True or False: a suspect detained on reasonable suspicion may be subjected to a “full” search before positive identification is made at a show-up and the suspect is arrested.
False
Section 8
True or False: a suspect has a right to counsel at a show-up or a photographic lineup.
False
Section 8
True or False: a suspect has a right to the presence of an attorney at a physical lineup that occurs after the commencement of criminal judicial proceedings.
True
Section 8
True or False: a composite sketch provides an officer with sufficient reasonable suspicion to stop and question a subject who resembles the drawing.
True
Section 8
True or False: if a suspect has already given a verbal statement before refusing to give a taped one, the verbal statement is still admissible.
True
Section 9
True or False: when documenting property, an inaccurate description or incomplete list of property is worse than not documenting at all.
True
Section 9
True or False: facts which tend to minimize or disprove a suspect’s guilt should be excluded from an officer’s report.
False
Section 9
The purpose of arraignment is to accomplish what three things?
1) Advise the defendant of the charges filed against him or her, as well as right to counsel
2) Determine the defendant’s plea
3) Set bond or release on own recognizance
(Section 9)
What day of the week is considered a Judicial holiday?
Saturday
Section 9
Every person arrested pursuant to a warrant shall be taken to a magistrate for arraignment within ______ hours, excluding Sundays and holidays.
48 hours
Section 10
If an officer makes an arrest on a suspect between midnight and 1700 hours on Thursday, the arraignment may take place during the court’s regular session no later than the following _________.
Monday
Section 10
If an officer makes an arrest on a suspect after 1700 hours on Friday, the arraignment may take place during the court’s regular session no later than the following _________.
Wednesday
Section 10
Pursuant to Proposition 115, an officer may testify to __________ statements at a preliminary hearing.
Hearsay
Section 10
True or False: neither the defendant nor his/her attorney is present during grand jury proceedings.
True
Section 10
True or False: an officer’s field notes are discoverable once the defendant is charged.
True
Section 10
True or False: witnesses, including peace officers, are not required to talk with a defense attorney prior to trial.
True
Section 10
The rules of evidence were established to protect the jury from seeing or hearing evidence that is _____________.
Irrelevant, unreliable, or unfairly prejudicial
Section 11
Testimony that proves a fact directly, without inference or presumption, is known as _________ evidence.
Direct
Section 11
Proof of facts based on inference is known as _________ evidence.
Circumstantial
Section 11
If a witness testifies that a defendant went into the victim’s apartment with a gun and the witness then heard a shot and saw the defendant flee, the jury may reasonably infer the fact that the defendant fired the shot. This type of testimony is considered what type of evidence?
Circumstantial
Section 11
True or False: circumstantial evidence alone cannot prove the crime and is less valuable than direct evidence.
False
Section 11
What factors determine a competent witness?
1) Knows relevant information about the crime
2) Old and sound enough to tell the truth
3) Can relate information to the jury
(Section 11)
Normally, a witness is limited to testimony about the facts they can swear they actually saw, heard, smelled, or felt. This is known as _______ testimony.
Factual
Section 11
Evidence that is furnished by the object itself, on view or inspection, as distinguished from testimony out of someone’s mouth, and is tangible, real, and can be seen or touched is known as ___________ evidence.
Demonstrative
Section 11
Evidence that is generally in written form, including handwritten, printed, photocopied, as well as most forms of tangible expression such as a movie, photograph, or tape recording is known as ___________ evidence.
Documentary
Section 11
Facts that may be accepted by the court without actual proof because they are obviously true or of common knowledge are known as ___________.
Judicial notice
Section 11
Agreements between opposing lawyers concerning any fact in issue are known as ____________.
Stipulations
Section 11
A(n) _________ is the assumption of a fact without proof, on the basis of other proven facts.
Presumption
Section 11
A(n) ___________ is a conclusion or deduction which the jury may arrive at based on other established facts.
Inference
Section 11
What is the burden of proof during pretrial proceedings?
Preponderance of the evidence
Section 11
In order for evidence to be admissible in court, it must have what five qualities?
1) Relevant
2) Reliable
3) Not unfairly prejudicial
4) Properly collected, documented, and preserved
5) Not collected in violation of constitutional rights
(Section 11)
When a witness testifies about what some other person said, and the testimony is offered for truth of what the other person said, it is known as _______.
Hearsay
Section 11
A small child running out of the house and saying to an officer “Daddy just shot Mommy” is an example of a(n) ____________ and would generally be allowed as hearsay evidence in a trial.
Spontaneous exclamation
Section 11
Although considered hearsay, ___________ are generally allowed as evidence because they are made by and within the scope of duty of an employee, it was made at or near the time of the act, condition, or event, and sources of the information and method and time of preparation were such as to indicate its trustworthiness.
Official/business records
Section 11
True or False: police accident and arrest reports are usually admissible as evidence.
False
Section 11
If there is a difference between a witness’s statement at trial and a statement the witness made previously, this is known as a _____________ statement, and the opposing attorney is permitted to impeach the witness with the prior statement.
Prior inconsistent
Section 11
True or False: unless the scientific basis for a test and its reliability are generally recognized by competent authorities, scientific evidence is not admissible.
True
Section 11
True or False: an officer has an affirmative duty to gather or collect evidence that might be helpful to the defense.
False
Section 11
The ____________ refers to evidence that is not allowed at trial because it was seized in violation of the defendant’s constitutional rights.
Exclusionary rule
Section 11
In the rare case wherein an officer is subpoenaed by the defense, the officer should immediately notify __________.
The prosecutor
Section 12
Every party to a crime in California is either a(n) _________ or a(n) ___________.
Principal; accessory
Section 13
Generally, the statute of limitations for misdemeanors is _________ year(s) and _________ year(s) for felonies.
1 year; 3 years
Section 13
_______________ means inducing a person to commit a crime that was not contemplated by him or her.
Entrapment
Section 13
True or False: entrapment is a crime.
False
All theft that involves property valued less than ______ is classified as “petty theft.”
$950
Section 13
What is the difference between grand theft auto (487 PC) and Vehicle Theft (10851 VC)?
Intent to steal is not an element of Vehicle Theft (10851).
Section 13
True or False: juvenile proceedings are not criminal proceedings.
True
Section 14
Juveniles under the age of ________ are presumed incapable of criminal intent, and the prosecution bears the burden of proving the juvenile knew the wrongfulness of his or her act.
14
Section 14
Between the ages of ______ and ______, minors are considered responsible for their actions and are normally subject to the jurisdiction of the juvenile court.
14; 17
Section 14
Under what circumstances does a juvenile come within the jurisdiction of the juvenile court?
1) Does not have adequate parental care
2) Persistently violates his or her parents’ rules or the rules of society as they pertain to juveniles
3) Violates any law
(Section 14)
True or False: any peace officer is authorized to arrest a juvenile, with or without a warrant, for any misdemeanor not committed in the officer’s presence if the officer has reasonable cause to believe the minor committed the offense.
True
Section 14
When a juvenile is going to be held in custody for breaking the law, the arresting officer __________ (should/shall) notify the juvenile’s parents or guardian immediately.
Shall
Section 14
Within _______ hour(s) of being taken to a place of confinement, the juvenile must be advised that he or she may call a parent, guardian, relative, or employer as well as an attorney.
1 hour
Section 14
All arrested persons have a right to make ______ completed phone calls?
Three
Section 14
Prior to custodial interrogation, and before the waiver of any Miranda rights, a youth _______ years of age or younger shall consult with legal counsel in person, by telephone, or by video conference. The consultation may not be waived.
15 years
Section 14
True or False: a parent may invoke a minor’s Miranda rights.
False
Section 14
True or False: spousal immunity (allowing one spouse to refuse to testify against the other) does not apply to child abuse cases.
True
Section 14
The registered owner of a vehicle must notify the DMV within ______ days of a change of address and insert the new address on the registration card.
10 days
Section 16
A rear license plate must be securely fastened to a vehicle between ______ and ______ inches from the ground.
12 - 60 inches
Section 16
A front license plate must be securely fastened to a vehicle no more than _____ inches from the ground.
60 inches
Section 16
According to NHTSA, _______ percent of fatal motor vehicle accidents involve alcohol and/or drugs.
50%
Section 17
True or False: anonymous contemporaneous reports of a suspected drunk driver with descriptions of the vehicle, direction of travel, timing, location, etc. justify a traffic stop by an officer regardless or whether the officer observed a traffic infraction of an impaired driver.
True
Section 17
True or False: Vehicle Code Section 23152(c) does not require an officer to show the subject was impaired at the time of driving.
True
Section 17
True or False: recent Supreme Court decisions have shown that a search warrant is required for breath tests absent consent.
False
Section 17
The _________ Supreme Court decision has called into the question a part of the DS-367 admonishment.
Birchfield
Section 17
True or False: a driver’s silence when asked whether he or she will submit to a chemical test constitutes a refusal.
True
Section 17
True or False: a blood sample taken in violation of Vehicle Code Section 23158 does not implicate a defendant’s rights under the Fourth Amendment.
True
Section 17
True or False: Penal Code Section 1524 authorizes an officer to obtain a nonconsensual blood test without a warrant if the officer can show why it was not feasible to obtain a warrant in sufficient time.
True
Section 17
True or False: if a DUI arrestee is on parole, PRCS, or probation with search terms, an officer can obtain a warrantless nonconsensual blood draw.
True
Section 17
True or False: if a DUI arrestee requests to obtain his or her own chemical sample, the officer is required to grant this request in a timely manner.
True
Section 17
True or False: a copy of the temporary DS-367 driver license sheet (pink copy) should be given in every situation (including unlicensed drivers, out-of-state license, suspended/revoked, etc.)
True
Section 17
A __________ may be defined as any problem between two or more parties when no crime is involved.
Civil dispute
Section 15
If an officer refuses to accept a person who has been lawfully arrested via private person’s arrest, the officer is guilty of a ____________.
Misdemeanor
Section 15
True or False: a private person may verbally summon as many persons as he or she deems necessary to assist in a private person’s arrest.
True
Section 15
A(n) _________ is an order obtained when someone is immediate and present danger of domestic violence.
Emergency Protective Order (EPO)
Section 15
When called to a dispute at a repossession or landlord/tenant dispute, an officer’s main priority is ___________.
To keep the peace
Section 15
True or False: it is a misdemeanor to tear down “No trespassing/loitering” signs from industrial property during a labor dispute.
True
Section 15
