New laws Flashcards
Prior to a custodial interrogation, and before the waiver of any Miranda rights, a youth of 15 years of age or younger shall consult with legal council in person, by telephone, or by video conference. (T/F)
True
PC 625.6 (juvenile interrogation)
Can a youth, 15 years of age or younger, waive his her right to consult with legal council?
No,
PC 625.6 (juvenile interrogation)
What are the two criteria that must be met to allow the admissibility of statements, from a youth 15 years of age or younger, prior to custodial interrogation or advising him/her of their Miranda rights.
- The officer questioning the youth reasonably believed
the information sought was necessary to protect life
or property from an immanent threat. - The Officer’s questions were limited to those
questions that were reasonably necessary to obtain
the information.
PC 625.6 (juvenile interrogation)
According to Ca Penal Code section 196, which two circumstances are peace officers allowed to commit justifiable homicide?
- In obedience to any judgement of a competent court.
- When the homicide results from a peace officer’s use
of force that is in compliance with Penal Code section
835a.
AB 392
According to Ca. Penal Code 835, under what two circumstances can an officer use deadly force?
- To defend against an imminent threat of death or
serious bodily injury to the officer or to another
person. - To apprehend a fleeing person for any felony that
threatened or resulted in death or serious bodily
injury, if the officer reasonably believes that the
person will cause death or serious bodily injury to
another unless immediately apprehended.
AB 392
According to Ca. Penal Code 835, when feasible, what else should an officer do prior to using deadly force?
Where feasible, a peace officer shall, prior to the use of force, make reasonable efforts to identify themselves as a peace officer and to warn that deadly force may be used, unless the officer has objectively reasonable grounds to believe the person is aware of those facts.
AB 392
If a person only poses a danger to themselves, can an officer use deadly force on that person?
No.
A peace officer shall not use deadly force against a person based on the danger that person poses to themselves, if an objectively reasonable officer would believe the person does not pose an imminent threat of death or serious bodily injury to the peace officer or to another person
AB 392
According to Senate Bill 1421, what records (reports) of a peace officer were added to be available to the public through a Public records Act request?
- Any discharge of a firearm at a person by a peace
officer or custodial officer. - A use of force against a person resulted in death, or
in great bodily injury. - Any incident in which a sustained finding was made
against a peace officer where they engaged in sexual
assault involving a member of the public. - Falsifying reports.
According to Senate Bill 1421, what records (reports) of a peace officer are confidential and shall be redacted from any information provided for a Public Records Act request?
- Personal data or information, such as a home
address, telephone number, or identities of family
members, other than the names and work-related
information of peace and custodial officers. - To preserve the anonymity of complainants and
witnesses. - To protect confidential medical, financial, or other
information of which disclosure is specifically
prohibited by federal law. - there is a specific, articulable, and particularized
reason to believe that disclosure of the record would
pose a significant danger to the physical safety of
the peace officer, custodial officer, or another person.
According to Assembly Bill 1421, when can releasable records not be released in response to a PRA request?
During an active criminal investigation, disclosure may be delayed for up to 60 days from the date the use of force occurred or until the district attorney determines whether to file criminal charges related to the use of force, whichever occurs sooner.
What does an agency need to do when refusing, to release releasable information for a PRA request?
The agency shall provide, in writing, the specific basis for the agency’s determination. This writing shall include the estimated date for disclosure of the withheld information
Can an agency extend a 60 day exception limit to release information for a PRA request?
Yes, if the disclosure could reasonably be expected to interfere with a criminal enforcement proceeding against an officer who used the force. If delayed the agency shall, at 180-day intervals notify the person in writing. The writing shall include the estimated date for the disclosure of the withheld information.
What is the amount of time an agency can withhold releasable reports from an individual making a PRA request?
18 months, unless extraordinary circumstances warrant continued delay due to the ongoing criminal investigation or proceeding.
If criminal charges, related to a use of force, are filed against an officer, can that officers agency delay the release of allowable records to an individual making a PRA request?
Yes, the agency may delay the disclosure of records or information until a verdict on those charges is returned at trial or, if a plea of guilty or no contest is entered,
In regards to a PRA request for records involving an officer firing a firearm at another person, can those records be delayed in their release?
Yes, until the investigating agency determines whether the use of force violated a law or policy, but no longer than 180 days or 30 days after the close of any criminal investigation related to the peace officer or custodial officer’s use of force, whichever is later.
