CPOLS chapters 6-7 and 13-14 Weeks 8-9 Flashcards
1
Q
Searches pursuant to a search warrant are presumed lawful. (Chap. 6, II, B)
a) True
b) False
A
a) True
2
Q
An ATF agent prepared an application for a warrant to search a Montana ranch for explosives and weapons detailed in the affidavit. The list of items was not incorporated into the warrant by reference and the description of the property to be seized was inadvertently omitted on the face of the warrant. The magistrate signed the warrant despite this patent error. (Chap. 6, II, C)
a) The Leon good faith exception did apply to a plainly invalid warrant that omitted a description of the items to be seized.
b) The Leon good faith exception did not apply to a plainly invalid warrant that omitted a description of the items to be seized.
c) The Leon good faith exception did apply to a plainly valid warrant that even though it omitted a description of the items to be seized.
d) none of the above
A
b) The Leon good faith exception did not apply to a plainly invalid warrant that omitted a description of the items to be seized.
3
Q
Leon is often a single-use antidote when an area of law is not yet resolved in any published decision. The court may apply the Leon good faith exception in a given case but pronounce that officers __________________ would be charged with knowledge of a change/clarification of law. (Pressey (2002) 102 Cal.App.4th 1178, 1191.). (Chap. 6, II, C)
a) In all cases
b) in all past cases
c) in all future cases
d) none of the above
A
c) in all future cases
4
Q
An affidavit must be in written form. (Chap. 6, V, B)
a) True
b) False
A
b) False
5
Q
In the search warrant context, “probable cause” means, enough credible information to reasonably provide a “______________” that the object you seek will be found at the place you want to search.. (Chap 6, VII, A)
a) reasonable suspicion
b) prof beyond reasonable doubt
c) fair probability
d) guess
A
c) fair probability
6
Q
If a search warrant for marijuana is issued based on valid probable cause, officers are required to abandon their search based on an alleged “defense” to possession for medicinal purposes. (Chap 6, VII, 1, B)
a) true
b) false
A
b) false
7
Q
Certain health and safety codes preclude the __________ of a patient or caregiver in possession of specified quantities of marijuana upon proof of a valid identification card (Chap 6, VII, 1, B)
a) arrest
b) search
c) release
d) detention
A
a) arrest
8
Q
Police officers are considered reliable informants because of their occupation. A police dispatcher is included as a reliable informant because they are law enforcement personnel. (Chap 6, VIII, C, 1, a)
a) true
b) false
A
a) true
9
Q
If an informant cannot be shown credible or his information reliable upon any of the foregoing tests, he may be brought before the magistrate to swear under oath that he is telling the truth. (Chap 6, VIII,2, e)
a) true
b) false
A
a) true
10
Q
In order to prove that information in an affidavit is not stale, officers are required to include: (Chap 6, IX)
a) pictures
b) justification that the materials sought were once on the premise
c) justification that the materials sought could have been on the premise
d) justification that the materials sought are still on the premise
A
d) justification that the materials sought are still on the premise
11
Q
Without a night service endorsement a search warrant shall be served only between the hours of __________________ (Chap 6, XIV).
a) 8 a.m. and 4 p.m
b) 7 a.m. and 10 p.m
c) 7 a.m. and 9 p.m
d) 7 a.m. and 12 p.m
A
b) 7 a.m. and 10 p.m
12
Q
Everyone in Miranda custody who is about to be interrogated is entitled to Miranda advisements, regardless of his “experience” or profession. (Chap 7,III).
a) true
b) false
A
a) true
13
Q
When determining if a reasonable person would perceive a suspect is in custody for the purposes of Miranda the court will consider which of the following. (Chap 7,III).
a) the location
b) the length of the interrogation
c) whether indicia of an arrest was present
d) all of the above
A
d) all of the above
14
Q
If an interrogation takes place at a police station Miranda is always required. (Chap 7,III, A).
a) true
b) false
A
b) false, only if the person feels like they are not free to leave
15
Q
Never tell a suspect that you are not going to arrest him. This could be viewed as a promise of leniency making the statement “involuntary.” (Chap 7,III, A, 2).
a) true
b) false
A
a) true
16
Q
For the purpose of Miranda, detention is the same as custody. (Chap 7,III, A, 5).
a) true
b) false
A
b) false
17
Q
The emergency –rescue or public safety exception applies to Miranda, when your non-coercive questions are reasonably prompted by a concern for: (Chap 7,III, I).
a) your own safety or the safety of another person
b) the suspect
c) the public at large
d) all of the above
A
d) all of the above
18
Q
If officers document a witness refusal to cooperate it can be used to impeach the witness if he tries to testify for the defendant at trial. (Chap 7,VII, A I).
a) true
b) false
A
a) true
19
Q
A witnesses statement must be ______________ to be admissible. (Chap 7,VII, C).
a) recorded
b) witnesses
c) voluntary
d) all of the above
A
c) voluntary
20
Q
Miranda only applies if the suspect knows he is talking to a police officer or a police agent. (Chap 7, X).
a) true
b) false
A
a) true
21
Q
Officers executed a search warrant for deadly weapons and evidence of gang membership related to a recent shooting by a known gang member who lived at the residence. The officers handcuffed all four occupants, moved them to the converted garage, and kept them handcuffed for the two to three hours required to conduct a broad search of the residence. CPOLS 6 XVII E
a) HELD: The continued use of handcuffs during the occupants’ detention was reasonable.
b) HELD: The continued use of handcuffs during the occupants’ detention was un-reasonable.
c) HELD: The continued use of handcuffs during the occupants’ detention was un-reasonable
but the court upheld due to officer safety.
A
a) HELD: The continued use of handcuffs during the occupants’ detention was reasonable.
22
Q
Example: Two men walked out of a residence that was under surveillance in preparation for serving a search warrant. They got into a car parked in the driveway and left the area. Detectives watching the house followed them for five minutes before stopping a car and pat-searching both men. CPOLS 6 XVII E
a) HELD: The detention was authorized under Summers.
b) HELD: The detention was not authorized under Summers.
A
b) HELD: The detention was not authorized under Summers.
23
Q
Example: Officers from another police agency accompanied Los Altos police in the execution of a search warrant. The Los Altos officers obtained the warrant to search for evidence relating to a local burglary. The other agency hoped to find evidence connected to an unrelated homicide in their jurisdiction. Defendant alleged that the search for evidence related to the murder exceeded the scope of the warrant.
a) HELD: The search was valid.
b) HELD: The search was invalid.
A
A. That officers may hope to find evidence not listed in the warrant is irrelevant under the Fourth Amendment. Officers from both police agencies observed evidence relating to the murder in plain view, and they did not exceed the scope of the warrant because of what they hoped to find. (Carrington (2009) 47 Cal.4th 145, 168.)
24
Q
Example: You question someone thinking he is just a witness, without giving Miranda warnings. Gradually, however, because of the answers he gives, you conclude he probably committed the crime and you plan to arrest him at some point. Can you can continue to ask more questions without giving Miranda advisements? Miranda
a) Yes
b) No
A
4 A Yes, As long as there was no “custody” at the start of the questioning and nothing changed, objectively, regarding the degree of restraint on the suspect
25
Can you tell a suspect that you are not going to arrest him prior or during an interrogation? Miranda
a) Yes, as long as you are uncertain of his/her disposition during the interview
b) No, This could be viewed as a promise of leniency making the statement "involuntary" and therefore inadmissible
b) No, This could be viewed as a promise of leniency making the statement "involuntary" and therefore inadmissible
26
Example: While transporting an arrestee to the station, one officer commented to the other, "There's a lot of handicapped children running around in this area, and God forbid one of them might find a weapon with shells and they might hurt themselves." The arrestee then offered to show the officers where the shotgun was located. Was this a functional equivalent of interrogation? Statements-Interrogation
a) Yes
b) No
b) No
27
The words “Can and Will” are required in the Miranda warning.
a) True
b) False
b) False
28
A suspect going through a heroin withdraw can voluntarily waive his Miranda rights.
a) True
b) False
a) True
29
Although each case will be decided on its own facts, you are likely safe that any subsequent questioning within at least (__) hours after the initial questioning will be considered "reasonably contemporaneous" and not require a re-advisement.
a) 8
b) 12
c) 16
d) 24
d) 24
30
Example: Roberson was arrested, given his rights, and refused to talk, stating that he wanted to see an attorney. Three days later, another officer, who knew nothing about the first advisement, visited Roberson, who was still in pretrial custody, gave him his Miranda rights, questioned him about an offense totally unrelated to the one he had been arrested for, and obtained incriminating statements. The Supreme Court held that the statements were (__________).
a) Admissible
b) Inadmissible
b) Inadmissible
31
Example: When an officer gave a jailed suspect Miranda warnings, the suspect indicated he wanted to talk to an attorney. An attorney visited the suspect over the weekend. On Monday the police came back, re-initiated contact, obtained a waiver, and got a confession. The U.S. Supreme Court held that it was:
a) improper for the police to re-initiate questioning once the suspect had invoked his Miranda right to counsel.
b) proper for the police to re-initiate questioning once the suspect had invoked his Miranda right to counsel.
a) improper for the police to re-initiate questioning once the suspect had invoked his Miranda right to counsel.
32
Example: The suspect (a deputy sheriff) invoked both his right to silence and his right to counsel. A little later, after he met with his co-defendant who had confessed, the suspect was asked "if he wanted to talk about anything." He said yes, he was re-advised of his rights, and he confessed.
a) HELD: The confession was inadmissible because it was obtained in violation of Miranda.
b) HELD: The confession was admissible because Miranda was obtained even after he invoked previously.
a) HELD: The confession was inadmissible because it was obtained in violation of Miranda.
33
Unless there is a really good reason to do otherwise, you should always wait at least (__) days to contact a suspect who previously invoked his right to counsel.
a) 10
b) 12
c) 14
d) 16
c) 14
34
During custody you have an obligation to advise a minor that he has a right to contact his parents (or other adult) or to have them present during questioning.
a) True
b) False - because no such right exists under state or federal Miranda law.
b) False - because no such right exists under state or federal Miranda law.
35
Can a parent or guardian invoke a minors Miranda rights?
a) Yes
b) No
b) No
36
federal law permits you to secretly record, and admit into evidence, any conversation that takes place at a police station or in a jailhouse between a minor and an adult who is not his attorney.
a) True
b) False
a) True
37
Example: Without first giving Miranda advisements, an officer asked a suspect who had been detained and handcuffed (and was therefore in Miranda "custody") whether she had any narcotics on her person. She said "yes" and pulled out some cocaine.
a) HELD: Although her verbal response was inadmissible because it was obtained in violation of Miranda, the cocaine itself was not "tainted" by virtue of the officer's non-coercive Miranda violation and was admissible at trial.
b) HELD: Her verbal response was not inadmissible because it was obtained in investigative questioning, and the cocaine was not "tainted" by virtue of the officer's questioning making it admissible at trial.
a) HELD: Although her verbal response was inadmissible because it was obtained in violation of Miranda, the cocaine itself was not "tainted" by virtue of the officer's non-coercive Miranda violation and was admissible at trial.
38
(Right to counsel)Example: Following a grand jury indictment, officers went to Fellers' home to serve an arrest warrant and "discuss his involvement in methamphetamine distribution." Fellers made a series of incriminating statements before and after he was arrested.
a) HELD: The officers violated Fellers' Sixth Amendment rights by deliberately eliciting statements outside the presence of counsel after Fellers had been indicted.
b) HELD: The officers did not violate Fellers' Sixth Amendment rights by eliciting statements outside the presence of counsel after Fellers had been indicted.
a) HELD: The officers violated Fellers' Sixth Amendment rights by deliberately eliciting statements outside the presence of counsel after Fellers had been indicted.
39
(Forcible Entry) Note: The California Supreme Court has upheld the use of "flashbangs" (pyrotechnic explosive devices) to execute a search warrant on a so-called "rock house" (a specially fortified residential dwelling in which crystallized "rock" cocaine is made and sold).
a) True
b) False
a) True
40
(Forcible Entry) Note: The California Supreme Court has upheld the use of " motorized battering rams " to execute a search warrant on a so-called "rock house" (a specially fortified residential dwelling in which crystallized "rock" cocaine is made and sold)
a) True, deemed reasonable force.
b) False, prior judicial approval is required for the use of motorized battering rams.
b) False, prior judicial approval is required for the use of motorized battering rams.
41
It is not permissible for a magistrate of one county to issue a warrant to search a place located in another county. [CPOLS 6, IV]
a. True
b. False
b. False
42
Regarding PC in a search warrant, ______ means enough credible information to reasonably provide a(n) ______ that the object you seek will be found at the place you want to seach. [CPOLS 6, VII]
a. Reasonable suspicion / justification
b. Probable cause / fair probability
c. Justification / entry
d. None of the above
b. Probable cause / fair probability
43
An accomplice to a crime who has been caught, charged, and decides to cooperate with police cannot be give reliable information. [CPOLS 6, C, 2]
a. True
b. False
b. False
44
The bright line for defining staleness is: [CPOLS 6, IX]
a. 5 days
b. 10 days
c. 30 days
d. None, affidavit should show reasonable that material sought still on premises.
D (As long as you can show recent factual info still ongoing.)
45
Justification for nighttime service of a search warrant is mandated by law. [CPOLS 6, XIV]
a. True
b. False
b. False, good idea, but not required by law
46
Informants may be confidential and used in search warrants if: [CPOLS 6, XV]
a. State Pacheco v. Arizona
b. State how many cases the informant has provided information for.
c. State why you need to keep identity confidential.
d. All of the above
c. State why you need to keep identity confidential.
47
According to 1534 PC, a tracking device search warrant may be extended past its originally designated length of time (not to exceed 30 days), to another reasonable length of time – not to exceed ______. [CPOLS 6, XVII, A, 3]
a. 15 days
b. 20 days
c. 25 days
d. None of the above
D (30 days.)
48
According to the Fourth Amendment, failure to produce a copy of a valid search warrant to the affected party could result in the suppression of evidence. [CPOLS 6, D]
a. True
b. False
B (Not required under the Fourth Amendment.)
49
During lawful search warrant, may officers seize contraband not included in the warrant? [CPOLS 6, F, 1]
a. No, magistrate determines what articles may be seized.
b. No, officers cannot deviate from items contained in warrant.
c. Yes, officers do not have to blind themselves.
d. None of the above.
c. Yes, officers do not have to blind themselves. (Officers must be able to establish rational link to what criminal behavior items is linked to.)
50
Are victims of crimes allowed to participate in the service of a search warrant? [CPOLS 6, F, 2]
a. No, not duly sworn as peace officer.
b. Yes, just be sure not to use this procedure in place of listing property.
c. Sort of, only if they are duly sworn peace officers – reserve officers ok.
d. None of the above.
b. Yes, just be sure not to use this procedure in place of listing property.
51
Which of the following is not an alternative method preparing affidavits or search warrants? [CPOLS 6, XVIII]
a. Oral affidavits
b. Telephonic Oaths and Remote Affidavits
c. Facsimile Deterrent Remote Affidavits
d. Telephonic Search Warrants
c. Facsimile Deterrent Remote Affidavits
52
According to 121060.1 HS, which of the following is not considered “bodily fluids?” [CPOLS 6, XIX]
a. Blood
b. Tissue
c. Mucous containing blood
d. Semen!
e. Vaginal secretions
f. Sweat
g. All are considered “bodily fluids”
g. All are considered “bodily fluids”
53
The Fifth Amendment is broken when an officer asks a suspect their name, after the suspect has invoked their Fifth Amendment right. [CPOLS 7, III]
a. True
b. False
B (Does not apply when suspect asked for identification, only custodial interrogation.)
54
Do you have to provide Miranda advisements when you determine the person you are speaking to is the suspect or perpetrator? [CPOLS 7, III, A]
a. No, courts identify that the officer’s subjective view does not determine custody for purposes of Miranda.
b. Yes, custodial interrogation – the officer’s subjective view does not matter.
a. No, courts identify that the officer’s subjective view does not determine custody for purposes of Miranda.
55
“Interrogation” is considered which of the following? [CPOLS 7, III, B, 1]
a. Any indirect or implied questioning about crime being investigated.
b. Any direct or express questioning about crime being investigated.
c. The “functional equivalent” of direct questioning that elicits an incriminating response.
d. Both A and B
e. Both A and C
f. All of the above
f. All of the above
56
If someone enters a police station and advises that they wish to confess, are you obligated to provide Miranda warnings or to prevent them from volunteering any statements? [CPOLS 7, D, 3, a]
a. No, voluntary statements are not subject to Miranda warning.
b. Yes, confessions are included in interrogation of suspects.
a. No, voluntary statements are not subject to Miranda warning.
57
For Miranda warnings to be valid, they must be: [CPOLS 7, D, 3, a]
a. Volunteered, knowing and smart.
b. Voluntary, knowledgeable and intellect.
c. Voluntary, knowing and intelligent.
d. None of the above
c. Voluntary, knowing and intelligent.
58
As a result of a police chase, suspect was shot in the arm and thigh (non life-threatening), transported to ER where he underwent an hour worth of treatment and injection of morphine. Transporting officer obtained written Miranda waiver and subsequent incriminating statement. Valid Waiver? [CPOLS 7, D, 3, b]
a. No, under the influence of a narcotic deems waiver impotent.
b. Yes, suspect could even be “somewhat high” on PCP and give a valid waiver.
b. Yes, suspect could even be “somewhat high” on PCP and give a valid waiver.
59
According to 825 PC, which of the following must be met before you may allow an attorney to visit a suspect? [CPOLS 7, D, b, 4]
a. Suspect has been arrested.
b. Person asking to visit is currently licensed to practice law.
c. Lawyer personally shows up at station where suspect is.
d. Lawyer has been requested by arrestee or relative of arrestee.
e. All of the above.
e. All of the above.
60
Which of the following is an unambiguous invocation of the Miranda warning of right to silence? [CPOLS 7, III, E, 1]
a. Remained largely silent during interview by offering, “Yes,” “No” and “I don’t know.”
b. “I think it’s about time for me to stop talking.”
c. “I don’t know what you, I don’t want to talk about this.”
d. “That’s all I got to say.”
e. “I plead the Fifth.”
e. “I plead the Fifth.”
61
Which of the following is an unambiguous invocation of the Miranda warning of right to counsel? [CPOLS 7, III, E, 2]
a. “Maybe I should talk to a lawyer.”
b. “I think I would like to talk to a lawyer.”
c. “..if for anything you guys are going to charge me I want to talk to a public defender..”
d. “I do not want to talk to you without my attorney present. Cease talking to me until my lawyer has arrived, muffucka!”
d. “I do not want to talk to you without my attorney present. Cease talking to me until my lawyer has arrived.
62
Statements obtained under the “public safety” exception are not admissible due to the lack of Miranda warnings. [CPOLS 7, III, 5, a]
a. True
b. False
b. False
63
Which of the following instances may you re-initiate interrogation with a suspect who has invoked their Miranda right to counsel? [CPOLS 7, III, F, b]
a. Has consulted with an attorney.
b. Officers from a different jurisdiction.
c. Want to question about a different, unrelated case.
d. Suspect initiates contact or 14-day break in interrogative custody.
e. Officers are unaware that suspect has asserted their right to counsel.
d. Suspect initiates contact or 14-day break in interrogative custody.
64
Which of the following instances may you re-initiate interrogation with a suspect who has invoked their Miranda right to silence? [CPOLS 7, III, F, b]
a. There is a re-advisement rights and valid waiver.
b. Substantial time has passed since original invocation.
c. Questioning concerns different or other crime.
d. All of the above.
d. All of the above.
65
Items seized during the execution of a valid warrant that is later determined to be invalid would be considered “fruits of the poisonous tree” and not admissible in court.
a. True
b. False
b. False
66
When is an officer allowed to re-contact a suspect if they have asserted the right to counsel
a. Never
b. Suspects initiates the contact
c. 14 day break
d. B and C
e. Like I said before, never!
d. B and C
67
California now recognized ex post facto laws intended to enhance sentencing guidelines. (Chap. 13, I)
a) True
b) False
b) False
68
There is no difference between the "corpus delicti" of a crime and the "elements" of a crime . (Chap. 13, I, A)
a) true
b) false
b) false
69
What are the three types of criminal intent are recognized under California criminal law? (Chap. 13, I, B)
a) general, specific, and principle
b) general, specific, and transferred
c) general, intent, and transferred
d) general, corpus delicti, and transferred
b) general, specific, and transferred
70
"______________" are the main perpetrators, defined as "all persons concerned in the commission of a crime, whether it be a felony or misdemeanor, and whether they directly commit the act constituting the offense, or aid and abet in its commission.". (Chap. 6, V, B)
a) accessories
b) accomplices
c) Principals
d) none of the above
c) Principals
71
An accomplice's testimony in most instances must be ___________________. (Chap 13, I, B, 3)
a) admissible
b) feigned
c) suppressed
d) corroborated
d) corroborated
72
An "accessory" is one who helps out a known principal after a felony or misdemeanor is completed. (Chap 13, I, B, 2)
a) true
b) false
a) true
73
Ordinarily, "________" is not an element of a crime (Chap 13, I, C)
a) intent
b) motive
c) mindset
d) force
b) motive
74
"A" shoots at "B" with the intent to kill him, but misses and the bullet enters "C's" vacant house and causes a fire. "A" would be guilty of _______________________, based on transferred intent. (Chap 6, VIII, C, 1, a)
a) attempted murder
b) arson
c) neither, no “transferred intent” exists
d) both A and B
a) attempted murder
75
Defenses falling under the category of "lack of capacity" would include insanity and tender age. Children under _____ need clear proof that they knew the wrongfulness of their conduct. (Chap 13, I, E, 1)
a) 11
b) 12
c) 13
d) 14
d) 14
76
Violation of 148 PC has been completed where a suspect merely challenges your actions ("You need a warrant to be in here"), shouts obscenities, throws down an ID, and/or obeys your orders very slowly. (Chap 13, I, G, 9)
a) true
b) false
b) false
77
There is no "movement" requirement for kidnaping for ransom. (Chap 13, III, D, 4).
a) true
b) false
a) true
78
Penal Code section 209.5 provides a mandatory life sentence for kidnapping during the commission of a carjacking. Which is not a requirement of the statute? (Chap 13, III, 5).
a) the movement of the victim is beyond that merely incidental to the commission of the carjacking
b) the victim is moved a substantial distance from the vicinity of the carjacking
c) the physical movement of the victim substantially increase the risk of harm.
d) none of the above
c) the physical movement of the victim substantially increase the risk of harm.
79
A juvenile found by a juvenile court to have committed a crime does not suffer a “__________ conviction.” (Chap 14, I).
a) Criminal
b) Permanent
c) Lawful
d) Misdemeanor
a) Criminal
80
A “status offender,” defined as someone who is habitually disobedient or truant, is defined under which W&I code: (Chap 14, I, 2).
a) 300
b) 601
c) 602
d) 625
b) 601
81
Juveniles classified as “602” must be read their Miranda rights. This does not apply to juveniles in violation of “601.” (Chap 14,II, B, 1).
a) true
b) false
b) false
82
An officer may make an arrest of a juvenile for any misdemeanor crime not committed in their presence. (Chap 14,II, B, 1).
a) true
b) false
a) true
83
The chief administrative officer or their designee may notify a person that had initially obtained consent to be on campus that such consent has been withdrawn when there is “______________” cause to believe that such person has willfully disrupted the orderly operation of the campus. (Chap 14,V,B, a).
a) obvious
b) probable
c) reasonable
d) some
c) reasonable
84
Treatment by spiritual means, or failure to provide specified medical treatment either for religious reasons or pursuant to an informed medical decision made after consulting a physician who has examined the minor, does not in itself come within the definition of “neglect.” (Chap 14,V, A 2).
a) true
b) false
a) true
85
Which of the following is category of child abuse or neglect? (Chap 14, B 2).
a) Neglect, including extreme neglect amounting to endangerment
b) Physical abuse
c) mental abuse
d) all of the above
d) all of the above
86
The Legal Source Book advises an officer to use ______________ to determine if a “traumatic condition” was caused by an action that is considered “cruel or inhuman corporal punishment” upon a child. (Chap 14, A, 2, b).
a) Probable cause
b) Common sense
c) Best guess
d) Reasonable suspicion
b) Common sense
87
"all persons concerned in the commission of a crime, whether it be a felony or misdemeanor, and whether they directly commit the act constituting the offense, or aid and abet in its commission."
a) Principal
b) Accessory
c) Accomplice
d) Feigned accomplice
a) Principal
88
One who participates in a crime for prosecution purposes only and who lacks criminal intent.
a) Principal
b) Accessory
c) Accomplice
d) Feigned accomplice
d) Feigned accomplice
89
"Every person who, after a felony has been committed, harbors, conceals or aids a principal in such felony, with the intent that said principal may avoid or escape from arrest, trial, conviction or punishment, having knowledge that said principal has committed such felony or has been charged with such felony or convicted thereof, is an (____________) to such felony.
a) Principal
b) Accessory
c) Accomplice
d) Feigned accomplice
b) Accessory
90
a witness at trial who is liable for the same offense(s) for which the defendant is on trial. He is, in effect, a principal, because he aided and abetted in the commission of the offense and shared the intent of the defendant.
a) Principal
b) Accessory
c) Accomplice
d) Feigned accomplice
c) Accomplice
91
Example: When a motorist fails to stop for a stop sign, the law automatically presumes the necessary (________) intent. It makes no difference that the accused did not intentionally fail to stop, or even that he did know that he was required to stop. What type of intent?
a) General
b) Specific
c) Transferred
d) Criminal Negligence
a) General
92
A designated state of mind--to do some particular prohibited act--which must be proved along with other elements of the crime, usually through circumstantial evidence.
a) General
b) Specific
c) Transferred
d) Criminal Negligence
b) Specific
93
Example: "A" shoots at "B" with intent to kill him, but misses "B" and hits and kills "C", a bystander. "A" would be guilty of murder even though he did not have the necessary intent to kill "C".
a) General
b) Specific
c) Transferred
d) Criminal Negligence
c) Transferred
94
Note: In 1999, the California Supreme Court ruled that the statute of limitation is a "defense" that must be timely raised.
a) True
b) False
b) False
95
In furtherance of a reverse "sting" operation, police converted the powder cocaine they had obtained in other (closed) cases into the more dangerous rock cocaine, offered small samples to potential buyers when necessary to complete a sale, and failed to recover all of the cocaine used in the program.
a) entrapment
b) outrageous police conduct
c) neither
c) neither
96
Operators of storefront dispensaries that sell medical marijuana to walk-in clients qualify as primary caregivers exceptions.
a) True
b) False
b) False
97
Anyone issued a valid identification card is not subject to arrest for the possession, transportation, delivery, or cultivation of specified quantities of marijuana.
a) True
b) False
a) True
98
Is an attempt a crime itself?
a) Yes
b) No
a) Yes
99
The two or more persons who must agree or conspire together may include a husband and wife. The same can be said for an undercover officer and one suspect.
a) True
b) False
B False Must have two or more suspects
100
Don shows up to take a report of a 10851 VC. He enters the truck in the system as a stolen vehicle and completes a grand theft for the attached trailer. Did he do the right thing?
a) Yes, only the vehicle is 10851 VC and the trailer is not considered a vehicle.
b) No, both are considered vehicles per 10851 VC and there shall be 2 separate violations.
c) Maybe, Don should know do to his extensive CSO experiences.
b) No, both are considered vehicles per 10851 VC and there shall be 2 separate violations.
101
Kicking in a door of a house is sufficient entry even if the burglars never entered the residence and the only entry was caused by the door.
a) True
b) False
a) True
102
Handguns. In response to the growing "Open Carry Movement" in California, the Legislature enacted Penal Code section 26350, effective January 2012, making it legal to openly carry an unloaded handgun in a public place, including inside a vehicle in a public place.
a) True
b) False
B Illegal
103
Example: A high school assistant principal directed a student to empty his pockets pursuant to a school policy that allows a search of all students who leave campus and then return during the school day. The purpose of the policy was to ensure that no one brought dangerous items onto campus. The student had 44 ecstasy pills in his pocket.
A) HELD: The search was lawful.
B) HELD: The search was unlawful.
A) HELD: The search was lawful.
104
All juveniles fall under the jurisdiction of the juvenile court system. However, juveniles under the age of (___) are presumed incapable of criminal intent.
a) 12
b) 14
c) 16
d) All of the above
b) 14
105
California law is directed toward the _____ of the law (CPOLS 13.1)
a. Letter
b. Spirit
c. Intent
d. Substantive
b. Spirit
106
Every part to a crime is either an _____ or an _____ (CPOLS 13.3)
a. Hall / Oats
b. Accomplice / Primary
c. Principal / Accessory
d. Hardcastle / McCormick
c. Principal / Accessory
107
A principal includes (CPOLS 13.3)
a. All persons concerned in the commission of a crime, whether it be a felony or misdemeanor, and whether they directly commit the act constituting the offense, or aid and abet in its commission
b. An accomplice
c. All of the above
c. All of the above
108
Corpus delicti means (CPOLS 13.4)
a. Elements of the crime
b. Intent of the crime
c. Body of the crime
d. Mens rhea
c. Body of the crime
109
Generally, the statute of limitations is ___ years for misdemeanors and ___ years for most felonies (CPOLS 13.6)
a. 1 / 3
b. 1 / 5
c. 2 / 7
d. 3 / 7
a. 1 / 3
110
The two elements that form “attempt” are (pick two) (CPOLS 13.8)
a. A general intent to commit the underlying or “target” crime
b. A direct but effectual act toward its commission
c. A specific intent to commit the underlying or “target” crime
d. A direct but ineffectual act towards its commission
c. A specific intent to commit the underlying or “target” crime
d. A direct but ineffectual act towards its commission
111
A crime does not have to be completed, or even attempted, to sustain a conspiracy conviction (CPOLS 13.9)
T / F
T
112
For grand theft (487 PC) to apply, value of property must exceed ____
a. 400
b. 550
c. 700
d. 950
d. 950
113
Although at the time a minor entered a house with the occupant's permission he did not intend to commit a felony, his subsequent entry into the front-hall closet to steal guns he learned were stored there constituted (CPOLS 13.24)
a. Grand theft (487)
b. Petty theft (484)
c. Burglary (458)
d. Embezzlement (503)
c. Burglary (458)
114
In regards to an assault by force likely to produce great bodily injury, it is necessary that the victim sustains an actual injury from the assault (CPOLS 13.31)
True / False
False
115
Movement of victims 10 feet from public area of bingo hall to small windowless back office with a solid door constituted what crime (CPOLS 13.36a)
a. False imprisonment
b. Robbery
c. Kidnapping
d. Extortion
e. a and c
e. a and c
116
Murder requires which of the following (CPOLS 13.44)
a. Attitude of ill will towards the victim
b. Malice
c. Specific intent
d. Redrum
b. Malice
117
Jeff piles additional computer monitors upon his desk, 15 in total, so that he can capture even more “input”. The monitors are placed in such a way as to disregard due caution or circumspection. One day, Ray chases a peanut under Jeff’s desk, knocking it and causing the monitors to come crashing down upon him, killing him. What, if anything, is Jeff guilty of (CPOLS 13.45)
a. First degree murder
b. Second degree murder
c. Voluntary man slaughter
d. In voluntary man slaughter
e. Being Asian
d. In voluntary man slaughter
118
A shotgun is illegal if the barrel is less than ___ inches or it has an overall length of less than ___ inches (CPOLS 13.58)
a. 14 / 22
b. 16 / 26
c. 18 / 26
d. 18 / 28
c. 18 / 26
119
A ward of the court is also referred to as a (CPOLS 14.3)
a. 601
b. Status offender
c. 300
d. A and B
c. 300
120
Which of the following are true statements (circle all that apply)
a. If you are going to interrogate a minor, you have no obligation to advise him that he has a right to contact his parents or other adult or to have them present during questioning
b. California W&I code 625 requires you to give four advisements to any minor who is in “temporary custody” even if you are not about to interrogate him
c. A parent can invoke a minors Miranda rights because they may be vicariously invoked by another person
d. A father could not give consent for police to search a locked toolbox for which the minor had the only key.
A,B,D
121
In order for a school official or police officer operating on a school campus to conduct a search of students, their belongings, or their lockers, _____ must be present (CPOLS 14.13)
a. Probable cause
b. Reasonable suspicion
c. Contemporaneous corroboration of facts
d. The school mascot
b. Reasonable suspicion
122
A “habitual truant” is a student reported as a truant ____ or more times per school year (CPOLS 14.27)
a. 2
b. 3
c. 4
d. 5
b. 3
123
20. A knife with a blade over ___ in length is listed as a prohibited weapon on a school campus (CPOLS 14.30)
a. 1”
b. 2”
c. 2 ½”
d. 3”
c. 2 ½”
124
Written reports of child abuse must be made within (CPOLS 14.42)
a. 12 clock hours
b. 20 working day hours
c. 36 clock hours
d. 30 working day hours
c. 36 clock hours
125
Physicians, surgeons or dentists require parental consent to take skeletal or dental x-rays of a child in order to diagnose suspected or “possible” child abuse and to determine the extent of the injury
True / False
False
126
Which of the following is not criminal intent? [CPOLS 13, I]
a. General
b. Specific
c. Transferred
d. Criminal intelligence
e. Criminal negligence
D (Criminal negligence suffices in lieu of intent in some instances.)
127
Property valued over _____ is considered grand theft. [CPOLS 13, II, 2]
a. $400
b. $450
c. $500
d. $950
d. $950
128
Theft by false pretenses is a promise made without an intention to perform it, or a false representation of an existing or future fact know to be false. [CPOLS 13, II, 5]
a. True
b. False
B ("Past" fact(s) to be known, otherwise it's "Theft by trick or device.")
129
With regard to vandalism, if the amount of damage, defacement or destruction exceeds _____, the offense is a wobbler. [CPOLS 13, II, F, 1]
a. $400
b. $450
c. $500
d. $950
a. $400
130
Computer crimes, it is illegal for an “adult stranger” who is _____ years of age or older to knowingly contact, by telephone or Internet, a minor who is _____ or younger for the purpose of persuading, luring or transporting them away for any purpose. [CPOLS 13, II, H]
a. 20 / 14
b. 21 / 15
c. 20 / 16
d. 21 / 14
d. 21 / 14
131
Which of the following does not satisfies the “substantial movement” requirement of kidnapping for robbery or sexual purposes? [CPOLS 13, III, D, 4, b]
a. Movement at night 25’ from side of road to secluded orchard.
b. Movement 133’ from lamp-lit sidewalk to extremely dark area.
c. Movement 10’ from public area of bingo office to back office.
d. Movement from teller area to bank vault for bank robbery.
d. Movement from teller area to bank vault for bank robbery.
132
When a person exposes his private parts after having entered, without consent, an inhabited dwelling house, trailer coach, of the inhabited portion of any other building, the offense can be charged as: [CPOLS 13, III, E]
a. Misdemeanor
b. Felony
c. Felony, if prior conviction of 314 PC or 288 PC.
d. All of the above.
d. All of the above.
133
It is now settled that, even following initial sexual penetration, a “forcible rape occurs when, during apparently consensual intercourse, the victim expresses an objection and attempts to stop the act and the defendant forcibly continues despite the objection.” [CPOLS 13, III, E, 5]
a. True
b. False
a. True
134
If the suspect molest someone he/she believes is under 18, but the person is over 18, its not a violation. [CPOLS 13, III, E, 11]
a. True
b. False
B (Violation still occurs if "victim" is not actually under 18.)
135
A state appellate court has distinguished a county ordinance precluding a minor from having a blood alcohol content greater than _____ percent while in any public place. [CPOLS 13, IV, A, 2, f]
a. 0.00
b. 0.01
c. 0.02
d. 0.03
b. 0.01
136
The offense of _____ is described as ”Any person who willfully, maliciously, and repeatedly follows or harasses another person and who makes a credible threat—verbally, in writing, or by any electronic communication device—with the intent to place that person in reasonable fear for his/her safety and/or immediate family. [CPOLS 13, IV, A, 8]
a. Harassment
b. Pester or annoy
c. Terrorist threats
d. Stalking
d. Stalking
137
It is illegal to engage in picketing on public property that is targeted at a funeral. The prohibition begins _____ hours prior to the funeral until _____ hour after its conclusion. [CPOLS 13, IV, A, 10]
a. Half / one
b. One / one
c. Two / two
d. Either B or C depending if military personnel are present.
b. One / one
138
Flareguns and similar devices containing explosives or incendiary material, are not considered “firearms” for the purposes of Penal Code section 25400 (carrying a concealed weapon). [CPOLS 13, IV, C, 7]
a. True
b. False
b. (ARE considered a "firearm.")
139
Whenever a minor is taken into custody by a peace officer or probation officer, except when such minor willfully misrepresents himself as 18 or more years of age, such minor shall be released within _____ after having been taken into custody. [CPOLS 14, II, D, 1]
a. 24 hours
b. 36 hours
c. 48 hours
d. 72 hours
c. 48 hours
140
When can a juvenile be taken to a detention facility or jail? [CPOLS 14, III]
a. Narcotic offenses
b. DUI offenses
c. Aggravated burglary
d. None of the above
B (If: (1) No equip to admin tests, (2) Juv not locked in cell/room, (3) Under continuous supervision and (4) Evals done quickly as possible.)
141
A minor’s request to see a parent, probation officer or (non-attorney) adult is an invocation of Miranda rights. [CPOLS 14, IV, C]
a. True
b. False
B (Is not an unambiguous invocation.)
142
Which of the following is considered an “outsider” on a school campus? [CPOLS 14, V, 4, a]
a. Student
b. Suspended student
c. Parent or guardian
d. Elected public official
e. PTA president
b. Suspended student
143
Teachers, vice principals, principals and any other certificated employee of a school district may be held criminally prosecutable for the exercise, during the performance of their duties, of the same degree of physical control over a pupil as a parent to maintain order, protect property or protect HS of pupils. [CPOLS 14, V, G]
a. True
b. False
B (shall NOT be held subject to criminal charges.)
144
When evidence of child abuse exists, the school official is required to provide you with the home address and telephone of the student. It is _____’s duty to immediately notify of protective custody of said student. How long can you withhold the parent/guardian of student’s location? [CPOLS 14, V, G, 7]
a. School official / 12 hours
b. School official / 24 hours
c. Officer / 12 hours
d. Officer / 24 hours
d. Officer / 24 hours
145
Touching is required for molestation of a juvenile under 647.6 PC. [CPOLS 14, VI, A, 2, d]
a. True
b. False
B (Act objectively and unhesitatingly viewed as irritating or disturbing, prompted by an abnormal sexual interest in children.)
146
The spousal immunity allowing one spouse to refuse to testify against the other in a criminal proceeding still applies to child abuse cases. [CPOLS 14, VI, A, 5]
a. True
b. False
B (Does not apply.)
147
A juvenile is emancipated when: [CPOLS 14, VII, A]
a. Enters into a valid marriage (requires parental approval)
b. Active military duty
c. Both
c. Both
148
Accomplice is every person who, after a felony has been committed, harbors, conceals or aids a principal in such felony, with the intent that said principal may avoid or escape from arrest, trial, conviction or punishment, having knowledge that said principal has committed such felony or has been charged with such felony or convicted thereof, is an accessory to such felony.
a. True
b. False
b. False, accessory
149
459 is a ____ intent crime.
a. General
b. Specific
c. Transferred
b. Specific
150
Criminal negligence can be substituted for specific intent.
a. True
b. False
b. False
151
Does possession of a valid marijuana card preclude a lawful detention and/or search if an officer is confronted with evidence that an offense is being committed, i.e. possession of sales?
a. Yes
b. No
b. No
152
The crimes of attempt/conspiracy/Solicitation must have what two elements
a. Specific intent to commit the crime
b. General intent to commit the crime
c. Direct but ineffectual act towards its commission
d. A and C
e. B and C
d. A and C
153
Every person who attempts, by means of any threat or violence, to deter or prevent an executive officer from performing any duty imposed upon such officer by law, or who knowingly resists, by the use of force or violence, such officer, in the performance of his duty.
a. 148 PC
b. 69 PC
b. 69 PC
154
For 666 PC, the offender must have ____ priors for 484PC before they can be charged 666pc, whereas before it was only 1 prior
a. 2
b. 4
c. 5
d. None of the above
D, 3 prior convocations of 484.
155
It was burglary to break in with the intent to take a shower, i.e., use soap, shampoo, and hot water.
a. True
b. False
a. True
156
Officers can arrest a juvenile for a misdemeanor not committed in their presence so long as probable cause exists.
a. True
b. False
a. True
157
11. A person 18 years or older can be a status offender
a. True
b. False
b. False
158
Observing Evans' erratic driving and failure to signal a turn, officers initiated a traffic stop. Evans appeared unusually nervous: his hands were shaking, and his voice cracked. He would not open his window more than one-half inch to talk to the officers, and he would not comply with the request to step out of the car after being asked at least 10 times to do so. Evans repeatedly asked to speak to a police supervisor and then rolled up the window. Another officer had to break a side window and remove him. Evans was arrested for a violation of Penal Code section 148, and the car was searched. Empty baggies and $65 in cash were found in the center console at the scene, and rock cocaine was discovered hidden in the air vent after the vehicle was impounded.
a. Held, search was legal due to search incident to arrest
b. Held, unlawful search.
c. Held, search was lawful for frisk for weapons.
d. None of the above.
b. Held, unlawful search.
159
It was proper for uniformed officers to board a bus, question the passengers, and seek voluntary consent to search their luggage for drugs, all without any objective suspicion of criminal activity.
a. Held, unlawful search, no reasonable suspicion
b. Held, unlawful search cause the passengers felt they were detained
c. Held, it was proper all without any objective suspicion of criminal activity
d. Civil issue, it was a private bus
c. Held, it was proper all without any objective suspicion of criminal activity
160
Consent to search that is the product of an illegal arrest or detention is never voluntary:
a. True
b. False
a. True
161
Don ask’s Jeff if you can search his KIA for drugs. Jeff provides consent. While searching Don locates a locked briefcase and forces it open.
a. Held, consent would not include the right to forcibly break open a locked briefcase in the trunk
b. Held, consent allowed the officer to force open the briefcase because he indicated that he was looking for drugs and based on training and experience the officer knew drugs could be kept in a brief-case
c. Held, search was good cause suspect was on probation anyways.
d. None of the above
a. Held, consent would not include the right to forcibly break open a locked briefcase in the trunk
162
In a police chase, the suspect was shot in the arm and thigh (not life-threatening wounds) and treated for one hour in the emergency room, where he received an injection of morphine. The officer who had accompanied him advised him of his rights and obtained a written waiver, after which the suspect incriminated himself.
a. HELD: The waiver was valid
b. HELD: Invalid waiver, suspect was under the influence of pain medication
a. HELD: The waiver was valid
163
Several hours into an interrogation of a murder suspect who had waived his Miranda rights, Anderson said, "I don’t even wanna talk about this no more. We can talk about it later or whatever." The officer shifted questioning to Anderson's drug use, and in response to a question, Anderson said, "I plead the Fifth." The detective asked, "Plead the Fifth. What's that?" Anderson continued the discussion but did not reference his invocation.
a. HELD: the statement later obtained was valid because the suspect was ambiguous
b. HELD: "I plead the Fifth" is always an unambiguous invocation of the right to silence.
b. HELD: "I plead the Fifth" is always an unambiguous invocation of the right to silence.
164
During his interrogation, Jennings stated "I'm not going to talk" and "I'm not saying sh*t to you no more, man. . . . That's it. I shut up." (page7.36)
a. HELD, the comments were invocations. Questioning needed to be stopped
b. HELD, the comments were not invocations
b. HELD, the comments were not invocations
165
An inmate who had previously invoked his rights asked to speak to Sgt. Kennedy. The inmate asked the sergeant how much time he would get if he confessed to the murder. The Sgt replied that the sentence would be up to the court but that he would like to ask some more questions about the murder. The inmate said, “ go ahead,” he was re-advised, and he confessed.
a. Held, Statement good because suspect initiated conversation
b. Held, Statement good because officer re-Mirandized suspect
c. Held, confession suppressed. Although the inmate initiated the contact, the officer initiated the questioning.
d. Both A and B
c. Held, confession suppressed. Although the inmate initiated the contact, the officer initiated the questioning.
166
Can officers use a informant/snitch (via wearing a wire) to obtain suspect statements once the six amendment attaches?
a. Yes
b. No
b. No
