Mario's Test Cards Flashcards

1
Q

Q: What determines if a person is “in custody” for Miranda purposes?

A

A: What a reasonable person would have believed under the circumstances.

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2
Q

Q: What documents are left at the scene after a service of a search warrant per 1535 PC?

A

A: Receipt and inventory.

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3
Q

Q: In cases involving which professions is a special master used according to Penal Code 1524 (c) (1)?

A

A: Lawyer, Doctor, Clergy, Psychotherapist.

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4
Q

Q: If a defendant tells an officer where the gun from an armed robbery is located without Miranda being read, how is the statement treated?

A

A: Admissible, under the public safety exception to Miranda.

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5
Q

Q: What does the Supreme Court case Riley v. California make illegal?

A

A: Searching an arrestee’s cell phone without a warrant unless a legal exception exists.

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6
Q

Q: Name two ways a law enforcement officer can secure stolen property evidence from a pawn shop according to Sheriff’s Department policy and procedure section 6.29.

A

A: Seize, place a hold.

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7
Q

Q: Does the warrantless search of abandoned property violate the constitution?

A

A: No, it does not violate the constitution.

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8
Q

Q: What are six criteria to determine if a missing person is considered at risk?

A

A: Under 12 years old, victim of foul play, in need of medical attention, no prior history of running away, victim of family abduction, mentally impaired.

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9
Q

Q: When should a Beheler admonishment be used?

A

A: When interviewing a criminal suspect who has not been arrested or mirandized, in a non-custodial setting.

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10
Q

Q: How does Senate Bill 395 affect the interrogation of juvenile suspects?

A

A: Youth 15 years or younger must consult with legal counsel before waiving Miranda rights; consultation cannot be waived.

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10
Q

Q: Name 11 dispositions that may be used to close a case.

A

A: Suspend, Arrest, Submit DA, No Pros, Unfounded, Exception, Department Closure, To City Attorney, Located Missing Person, DA Rejected, Cancel CN.

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11
Q

Q: Can tribal protective orders be enforced outside tribal lands?

A

A: False.

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12
Q

Q: List 8 part one crimes as per Sheriff’s Department Policy and Procedure section 6.71.

A

A: Homicide, Robbery, Rape, Assault, Arson, Larceny, Auto theft, Burglary. R2 A3 LBH

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13
Q

Q: What are 8 part two crimes and non-criminal incidents mentioned in Sheriff’s Department Policy and Procedures section 6.71?

A

A: All other reported felony crimes, all other reported misdemeanor crimes, domestic violence incidents, lost property, death investigations, suicides, attempt suicides, deputy caused property damage.

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14
Q

Q: What notification is required if a licensed psychotherapist reports threats made by a patient?

A

A: Tarasoff notification.

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15
Q

Q: What is a Ramey warrant?

A

A: An arrest warrant obtained before a criminal complaint has been filed.

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16
Q

Q: What is the maximum time a juvenile can be held in secure and non-secure detention?

A

A: 6 hours.

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17
Q

Q: According to SID/NGD manual section 2.8, what six items must be included in the CI packet?

A

A: Informant checklist, Informant information and personal history form, signature exemplar, fingerprint cards, current photograph, signed informant regulations form.

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18
Q

Q: Is an operational plan required prior to executing search warrants or probation searches?

A

A: True.

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19
Q

Q: Should a supervisor be notified during a surveillance operation?

A

A: Yes.

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20
Q

Q: How many Sheriff’s units are required as a minimum for surveillance?

A

A: 2 units.

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21
Q

Q: What times are considered “nighttime” for California state search warrants?

A

A: Between 2200 and 0700.

22
Q

Q: What form must be provided if no accusatory pleading is filed within 25 days after releasing a suspect with a citation?

A

A: Certificate of Release/849.5.

23
Q

Q: What form is used to process/application for a 1275.1 PC hold?

A

A: Bail setting request/Bail enhancement form.

24
Q

Q: What crime is committed if a suspect steals a laptop from a dentist’s office?

A

A: 459 PC - burglary.

25
Q

Q: What type of warrant is needed prior to searching the home of a third party for the subject of an arrest warrant, absent exigent circumstances or consent?

A

A: Steagald warrant.

26
Q

Q: Before serving a subpoena or search warrant for tribal government records, which official must be contacted?

A

A: Tribal Liaison.

27
Q

Q: Is it a violation of W&I 601 if a juvenile is seen at Taco Bell at 2 a.m.?

A

A: Yes.

28
Q

Q: How often must open cases be reviewed according to Detective manual section D.2.2D?

A

A: Every 60 days.

29
Q

Q: What are the exceptions to the 60-day open case rule?

A

A: Unable to contact victims, unable to contact witnesses, unable to contact or ID suspects, awaiting documentation, awaiting other evidence, awaiting results of photographic line-up, awaiting medical reports, awaiting reports from outside agency, all possible leads not investigated yet, case is a lower priority due to current caseload restraints, other situations or circumstances not mentioned.

30
Q

Q: If you arrest a suspect for 476a PC and find three prior convictions for the same charge, can you charge him with the felony?

A

A: Yes.

31
Q

Q: Is an operational plan required to conduct surveillance?

A

A: No.

32
Q

Q: What can be obtained to seal all or part of a warrant affidavit to protect the identity of an informant?

A

A: Hobbs Warrant.

33
Q

Q: According to policy and procedure section 6.136 (BWC), should admonishments be recorded prior to interviews?

A

A: True.

34
Q

Q: What is the definition of an elder and a dependent adult under 368 PC?

A

A: An elder is a person 65 years or older, and a dependent adult is a person aged 18-64 who is unable to carry out daily activities due to a mental or physical disability.

34
Q

Q: What does “fruit of the poisonous tree” refer to?

A

A: Evidence that is the direct product of an illegal law enforcement search is subject to suppression.

35
Q

Q: How must a valid waiver of one’s Miranda admonishment be obtained?

A

A: Freely and voluntarily.

36
Q

Q: How long is a search warrant valid?

A

A: 10 calendar days, starting the day after issuance.

37
Q

Q: For how many days are area investigators responsible for missing adult cases before they revert to Homicide?

A

A: 30 days.

38
Q

Q: What form needs to be completed before forwarding a missing person case to Homicide?

A

A: INV-12.

39
Q

Q: What are the three parts to a search warrant?

A

A: Affidavit, Warrant, Receipt and inventory.

40
Q

Q: Which type of searches must be made “contemporaneous in time and place”?

A

A: Search incident to arrest.

41
Q

Q: What personal ID information is listed in 530.55(b) PC?

A

A: Name, address, telephone number, health insurance number, taxpayer ID number, school ID number, DLN or ID number, social security number, place of employment, mother’s maiden name, savings account number, demand deposit number, checking account number, PIN, password, alien registration number, passport number, DOB, credit or debit card number, birth or death certificate information, unique biometric data, unique electronic data.

41
Q

Q: When can stolen rental or leased vehicles be reported?

A

A: Within 5 days of expiration of the vehicle.

41
Q

Q: When can you obtain a telephonic warrant?

A

A: When deputies are already lawfully on the premises, need a warrant outside normal court hours, or are unable to obtain a warrant through normal procedures.

42
Q

Q: Under Evidence Code 1042, who cannot be present during the in-camera hearing?

A

A: Defense counsel.

43
Q

Q: What does ECPA stand for?

A

A: Electronic Communications Privacy Act.

44
Q

Q: What is PREA?

A

A: Prison Rape Elimination Act.

45
Q

Q: What types of cases do juvenile detectives investigate?

A

A: All curfew and truancy cases, incidents where only a juvenile has been arrested, juvenile gang member offenses that are not gang-motivated, school-related offenses involving juveniles, communicated threats to schools, certain Penal Code offenses involving juveniles.

46
Q

Q: Who can authorize a no-knock warrant?

A

A: The Undersheriff.

47
Q

Q: How long can a temporary emergency Gun Violence Restraining Order (GVRO) last?

A

A: 21 days.

48
Q

Q: How long can an ex-parte Gun Violence Restraining Order (GVRO) last?

A

A: 21 days.

49
Q

Q: Should deputies consider the use of a gun violence restraining order during a domestic disturbance response to any residence?

A

A: Yes, they shall consider it.