CPOLS Flashcards
“The law” comes from three primary sources:
a. Statues, case law, and attorney general decision
b. The United States and California Constitutions, statutes, and case law
c. The California Constitution, Ex Party, proceedings and the state adjudications
d. Case files, common law, and default judgements
b. The United States and California Constitutions, statues, and case law
What is the fourth amendment?
a. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assembled and to petition the government for a redress of grievances.
b. After one tear from the ratification of this article the manufacture, sale or transportation of intoxication liquors within, the improtiaon thereof into or the jurisdiction thereof for beverage purposes I herby prohibited
c. The right of the people to be secure their persons, houses, papers, and effects against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to searched, and the persons or things to be seized.
C. The right of the people to be secure their persons, houses, papers, and effects against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to searched, and the persons or things to be seized.
It is ______ for a peace officer to physically enter into an area where a person has “reasonable expectation of privacy” in order to conduct a search or for the purpose of seizing something unless:
- you have a warrant; or
- an emergency or exigent circumstances exist; or
- you have obtained a valid consent
a.____________-
Unlawful/illegal
The lawfulness of an entry is always a separate inquiry. An entry into a protected area without a warrant, search conditions, exigent circumstances, or consent will be invalid:
- regardless of how much probable cause you have; and
- despite the fact that you see incriminating evidence inside the protected area from a place outside where you have the right to be.
a. true
b. false
a. True
Explain the concept of “curtilage”
Curtilage is the real property “so intimately tied to the home” that it is placed within “the home’s ‘umbrella’ of Fourth Amendment protection.”
True/False
Only an actual structure can qualify as a “home”. Temporary domiciles such as a boat or tent do not meet legal standard to qualify as a “home”.
False
Officers, who had probable cause but no warrant to arrest McCollister, saw him standing in his open garage, which was attached to his home. McCollister had just arrived home form work and was dressed in a fuchsia polo shirt. Officers walked into the garage through its open door and took McCollister int custody. Was this legal?
a. yes
b. No
B. No
True / False
You may not normally enter the back yard to search or seize without a warrant, consent or exigent circumstances
True
True/False
Apartment dwellers have a reasonable expectation of privacy in the shared back yard of a multi-unit complex
False - they do not have
True/False
The general rule relating to the expectation of privacy created by the reaction of walls and fence is that if, while standing in a lawful place, you can see over or through the fence or wall without extraordinary effort or without getting very close and peeking, the viewing will normally not be considered a search, ie, the person does not a have a reasonable expectation of privacy in the area viewed.
true
Explain the concept of “open fields”
Areas beyond the curtilage are “open fields.” “Open fields” do not have to be either “open” or real “fields” to qualify. “Open fields” 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 contraband.
- True or False? You may seize any object that is in plain view, as long as:
- you have a lawful right to be in the place from which you are viewing the object;
- the incriminating character of the object is immediately apparent, i.e., you have probable cause to believe it is crime related; and
- you have a lawful right of access to the location of the object.
a. True
b. False
a. True
True or False? (Residential searches) Because you see an object in plain view–including contraband– you may legally enter without a warrant to seize it. You will not need consent or exigent circumstances.
a. True
b. False
b. False (Simply because you see an object in plain view–even contraband–does not automatically mean that you may legally enter without a warrant to seize it. You will need consent or exigent circumstances.) CPOLS Chapter 3 – III – Plain view
- True or False? Warrantless entries by police into a residence are presumed illegal unless justified by consent or exigent circumstances. “Exigent circumstances” include an emergency requiring swift action to prevent:
• Imminent danger to live or welfare (including yours); or
• Serious damage to property; or
• Imminent escape of a suspect; or
• The destruction of evidence.
a. True
b. False
a. True
- True or False? Exigent circumstances do not include the need to enter or search a residence to render emergency aid.
a. True
b. False
b. False (includes the need…)
- A “protective sweep” is a thorough search of those places where a person who poses a danger to you or others might be hiding and any evidence of a crime they committed may be located.
a. True
b. False
b. False (A “protective sweep” is a limited, quick, visual inspection of those places where a person who poses a danger to you or others might be hiding.) CPOLS Chapter IV – A – 1. Protective Sweep
- True or False? Knock and Notice Requirements for both arrests and searches. Even though the statutes governing “knock and notice” for arrests and search warrants are not identical, they are treated as “functional equivalents” and are governed by the same policy considerations for most purposes. Basically, they require you to convey to the occupant who you are and what your purpose is. Specifically, before you enter (not while you enter) you must:
• knock (or do something else that will alert the people inside to your presence);
• identify yourself as a police officer;
• explain your purpose;
• demand entry and then wait a reasonable period before entering.
a. True
b. False
a. True
- True or False? 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 person, but also of the area within his “immediate control” (“arm’s length,” “lunging distance”).
a. True
b. False
a. True
A detention is valid if you have “reasonable suspicion” that: (1) something relating to criminal activity has just happened (or is happening, or is about to happen); and (2) the vehicle or the person in the vehicle you are about to detain is connected with that activity.
a. True
b. False
a. True
- Scenario. At 1:43 a.m., CHP dispatch reported a possibly intoxicated driver “weaving all over the roadway” in a ’80s model blue van traveling northbound on Highway 99. An officer who was less than four miles from where the van was seen positioned himself on the shoulder of Highway 99 to intercept the van. He stopped the van two to three minutes later. He did not observe any weaving, speeding, or other violation of traffic laws before initiating the stop. Was this stop legal?
a. Yes
b. No
why?
a. Yes
The anonymous tip of a possible intoxicated driver “weaving all over the roadway” combined with the officer’s spotting the described vehicle at the expected time and place provided reasonable suspicion to justify an immediate stop to protect the driver and other motorists. CPOLS Chapter 4 – II – 3 – Anonymous Tips/9-1-1 Calls
- Scenario: Officers discovered that an orange and black motorcycle that was involved in separate traffic infractions likely was stolen and was being kept at Collins’ girlfriend’s house based on a photo he posted on Facebook. One of the investigating officers located the address and saw what appeared to be a motorcycle under a tarp at the top of the driveway enclosure abutting the house. The officer walked onto the property, lifted the tarp, and obtained the license and VIN numbers to confirm that the motorcycle was stolen. Was this legal?
a. Yes
b. No
Why?
b. No
The search could not be based on the automobile exception. That exception does not give “an officer the right to enter a home or its curtilage to access a vehicle without a warrant.”
- True or False? It is unlawful to run a random license plate check on a vehicle you see in a public place (or a place you have a right to be), because you have no reasonable suspicion of criminal activity. There is an expectation of privacy in a license plate on the exterior of a car being driven in public.
a. True
b. False
b. False (It is lawful to run a random license plate check on a vehicle you see in a public place (or a place you have a right to be), even if you have no reasonable suspicion of criminal activity. This is because there is no expectation of privacy in a license plate on the exterior of a car being driven in public.) CPOLS Chapter 4 – V – C – Random license plate checks/Name checks.
- All arrestees have the right to _____ completed phone calls immediately upon being booked and, unless impossible, within _____ hours after being arrested.
a. 2, 3
b. 3, 3
c. 2, 2
b. 3, 3
- True or False? In the search warrant context, “probable cause” means enough credible information to reasonably provide a “fair probability” that the object you seek will be found at the place you want to search.
a. True
b. False
a. True
- True or False? The general rule when detaining a suspect pending a field show up is that the suspect should be brought to the witness. The witness is assisting with a law enforcement investigation and should not be inconvenienced.
a. True
b. False
b. False
(The courts require that you inconvenience the suspect as little as possible in making this arrangement. As a general rule, this means the witness should be brought to the suspect; do not take the suspect to the witness if there is any reasonable alternative.) 3 exceptions – probable cause to arrest suspect, consent, impracticability.
- All juveniles fall under the jurisdiction of the juvenile court system. However, juveniles under the age of ____ are presumed incapable of criminal intent and the prosecution bears the burden of proving that a juvenile under age ____ knew the wrongfulness of his act. The standard of proof is “clear proof,” which means that the People must prove by “clear and convincing evidence that the minor appreciated the wrongfulness of the charged conduct at the time it was committed.”
a. 13
b. 14
c. 15
d. 16
b. 14
- From age ____ through _____, minors are considered responsible for their actions and are normally subject to the jurisdiction of the juvenile court. However, under some circumstances, minors _____ years and older are presumed unfit for juvenile court; and for the long list of serious offenses appearing in Welfare and Institutions Code section 707, subdivision (b), minors as young as _____ can be found unfit for treatment under the juvenile court law and therefore transferred to adult court jurisdiction.
14 through 17
16
14
a. For suspected DUI offenses, you are allowed to take the minor to a “detention facility or jail” for the purpose of “administering an evaluation, test, or chemical test” if (1) there is no equipment for administering the test at a juvenile facility within a reasonable distance, (2) the minor is not locked in a cell or room, (3) the minor is under the continuous, personal supervision of a peace officer or employee of the detention facility or jail and does not come into contact with in-custody adults, and (4) the evaluation or test is performed as quickly as possible and the minor is removed from the facility afterwards as quickly as possible so that the minor under no circumstances remains at the facility more than two hours.
i. True
ii. False
i. True
- True or False? Within an hour after being taken to a place of confinement (e.g., juvenile hall), juveniles must be advised that they may call (1) a parent, guardian, other relative, or employer and (2) an attorney, and they must be allowed to do so.
a. True (Welf. & Inst. Code, § 627)
b. False
i. True (Welf. & Inst. Code, § 627)
- Welfare and Institutions Code section 625 requires you to give four advisements to any minor who is in “temporary custody” even if you are not about to interrogate him
1] that anything he says can be used against him and shall advise him of his constitutional rights, including
• [2] his right to remain silent,
• [3] his right to have counsel present during any interrogation, and
• [4] his right to have counsel appointed if he is unable to afford counsel.
