RBC 1 Flashcards
General intent crimes
Intent is presumed, does not have to be proven. Description of a particular act without reference to intent
Felony
Crime punishable by fine and/or imprisonment in state prison, removal from office, death
Infraction
Offense punishable by fine
Misdemeanor
Crime punishable by fine and/or imprisonment in county jail
Specific intent crimes
An element of the crime must be proven/cannot be presumed
Statutory law
Written laws enacted by legislative body. All crimes in CA are statutory. No statue = no crime. Punishment must be provided. Cannot make law to punish after the fact (ex post facto law)
Codes and ordinances made by state, county, municipality
Case law
Appellate court decisions provide precedent to interpret/clarify laws
Criminal law
Violations of criminal statutes. Public wrongs against all people of the state. State prosecutes to punish
Civil law
Non criminal tort against another person. Breach of contract. To make wronged party whole through monetary compensation. Peace officers maintain peace for civil disputes
Elements of a crime
The basic facts that must be proven to sustain conviction. If an element is missing the crime is not complete
Criminal intent
All crimes require intent to distinguish from an accident/mistake
Criminal negligence
In certain crimes meets need for criminal intent. Failure to exercise ordinary care. Aggravated or reckless indifference to consequences
PRCS, Mandatory supervision, probation, parole
(Post release community supervision) officers should establish whether a person is on any of these by asking if they are on parole, probation, or supervision
Parole, PRCS
Can search person, vehicle, residence, property under their control
Principle
All principles can be arrested/prosecuted. Directly committed offense, aided and abetted, advised and encouraged, counseled/advised/encouraged under 14 y/o or mentally incapacitated, by fraud/contrivance/force/drunkenness/threats/menace/command/coercion
Aid and abet
Guilty knowledge of intent and active assistance
Accessory
Has knowledge the principle committed felony, harbors/conceals/aids, assists to avoid arrest/conviction/punishment
Accomplice
A principle who testified for the prosecution against another principal
Witness
Any person having knowledge of existence/non existence of facts relating to any crime, whose declarations under oath is received as evidence, who has reported any crime, who has been served a subpoena, who could be believed by any reasonable person to be one of the previously mentioned
Victim
Any person any crime has been perpetrated or attempted against
Malice
Intent to vex, annoy, harm, injure another
Intimidating a witness
Pc 136.1(a) any person who knowingly dissuades any witness or victim from attending/giving witness at trial
Threats of retaliation
Pc 140 person who willfully uses force/threatens to use force or violence upon witness or take/damage witness/victim property for assisting law enforcement
Resist obstruct delay public officer, peace officer, emt pc 148(a)(1)
Any person who resists delays obstructs from performing their duties
Peace officer
Police officer and up, deputy and up, marshals, DA investigators, chp
Public officer
Building inspector, health inspector, meter maid
Executive officer
Peace officer, DA, city attorney, police commissioner
Pc 71 and 69
69 is for executive officers 71 is for public officers and school officials
Threat or violence to deter them in performing duties
Disarming officer
148(c) firearm
148(b) baton, OC
^require 148(a)(1) for intent
148(d) attempt to remove/take firearm
Escape
836.6(a) after seeing judge
836.6(b) after arrest before judge
Misdemeanors unless causes sbi
4530 from prison felony
4532 from jail felony
Rescue
4550 rescue/attempt from place of confinement / felony
Presenting false ID
148.9 misdemeanor
Falsely reporting a crime
148.5 misdemeanor
Emergency
Any condition that could result in response of authorized emergency vehicles
Falsely reporting crime
148.3(a) misdemeanor
148.3(b) likely to cause gbi felony
Falsely reporting destructive device
148.1(a) felony
Unlawful assembly 407
Assembling to do an unlawful act or lawful act in violent boisterous tumultuous manner
Misdemeanor
Refuse to disperse 416(a)
Misdemeanor
Objective reasonableness standard
Graham v Connor - graham factors
-suspect posed immediate threat to officer/others (most important)
-severity of crime
-degree of active resistance
-whether suspect was attempting to evade arrest by flight
-split second judgment under tense/uncertain/rapidly evolving circumstances
Reasonable officer standard
Would another officer facing similar circumstances act in the same way
834a
Duty of people to submit to authority of officer when being detained or arrested
PC835
Objectively reasonable force may be used to effect arrest, prevent escape, overcome resistance
Deescalation
Self control, effective communication, scene management, force options
Voice, neutrality, trustworthiness, and respect
Use of force
-Use force objectively reasonable under totality of circumstances
-use amount of force objectively reasonable to overcome resistance/gain control
-conform to agency polity, federal/state law
Factors affecting selection of force
-public/officer safety
-amount/nature of resistance
-presence of a weapon
-nature of offense
-characteristics of suspect vs officer
-availability of assistance
-nature of surroundings
835a(c) use of deadly force
Peace officer is justified in using deadly force only when officer believes, based on totality of circumstances, such force is necessary to defend against imminent threat of death/sbi to officer/others
Tennessee v garner - Peace officer use of deadly force for fleeing suspect
Only may use deadly force to prevent escape if officer has probable cause to believe suspect poses significant threat of death/sbi to officer or others
Serious bodily harm/injury
Serious impairment of physical condition (loc, concussion, bone fracture, impairment of any organ, extensive suturing, serious disfigurement)
Imminent
Ability, opportunity, apparent intent to immediately cause death/sbi
Sufficiency of fear
-Objective factors to justify concern
-objectively reasonable
-based on facts known to officer at the time
US constitution
1789 form more perfect Union, establish justice, ensure domestic tranquility, provide for common defense, promote general welfare, secure blessings of liberty
4th amendment
The right of people to be secure in their persons, houses, papers, effects against unreasonable searches and seizures, shall not be violated and no warrants issued, but in probable cause supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized
Reasonable suspicion for detention
Sufficient facts and information to reasonably suspect criminal activity may be occurring and person detained is connected to that activity
Probable cause to arrest
Totality of circumstances would cause a person of ordinary care/prudence to entertain strong suspicion person to be arrested is guilty of a crime
Search
Reasonable expectation of privacy infringed on by government
Seizure of property
Meaningful inference on possessory interest in property
5th amendment
Cannot be compelled to self incriminate (Miranda)
Not be tried twice for same crime
Cannot be deprived of life/liberty/property without due process of the law
6th amendment
-Speedy trial
-confront witnesses against them
-assistance of counsel in court proceedings
14th amendment
Due process and equal protection to all
Color of the law
Action carried out as if under authority of the law but done in violation of the law. Can be held personally liable for this breach
Title 18
Section 241 - conspiracy to suppress any civil right is a crime
Section 242 deprivation of civil right under color of law is a crime
Consensual encounter
Contact when a reasonable person would believe they are free to leave/not cooperate. Must be in a place legally with right to be there
Detention
Detain to investigate criminal activity based on reasonable suspicion that criminal activity has taken place/is going to take place and person detained is connected to that activity. Person not free to leave during investigation. Flight itself does not establish reasonable suspicion. Take whatever investigative actions are reasonable given circumstances to determine possible participation in a crime. Person must be released or arrested. Generally, transporting suspect will elevate detention to arrest. Failure of cooperation during detention is not probable cause to arrest
Cursory/pat/terry search
Must be specific facts causing officers to believe suspect might have weapon
-pat down of outer clothing
-to locate weapons
-not a search for contraband
-contraband immediately recognized may be removed/questioned which may lead to arrest and full custody search
Arrest PC 836
Probable cause based on set of facts causing prudent/honest person to have strong belief arrested person is guilty of the crime.
Based on: direct investigation, circumstantial evidence, second hand statements from reliable witnesses
Full seizure of person by restraint or submission
PC 836 allows officers to make arrests
With warrant
Without warrants
-felony or misdemeanor committed in your presence
-felony not in your presence
-probable cause to believe arrested has committed felony
Information given to Arrestee
Intent - Officers must tell person they are being arrested
Cause - tell reason for the arrest
Authority - identify your authority (uniform/marked car can satisfy)
Not required when suspect is actually committing the crime or attempting to escape
Warrantless misdemeanor arrest
In officers presence or:
-juvenile
-DUI
-loaded firearm in public/vehicle
-violating DV restraining order
-assault/battery on spouse, cohabitant,parent of child in common
-assault/battery on school property while in session
-assault/battery on working firefighter/emt
-concealed firearm at airport
Warrantless arrest times
Felony-anytime
Misdemeanor/infraction 6-2200 unless in presence/arrested in public place/person already in custody for another lawful arrest
Arrest warrant
Written order signed by magistrate to arrest person named for offense named - based on probable cause
Name, crime suspected, time issued, location issued, signature of magistrate, name of issuing authority, amount of bail
Ramey/pre complaint warrant
-Written/oral statement of probable cause
-magistrate evaluates
-issues warrant if probable cause
Knock and notice
Announce presence
Identify yourself
State purpose
Demand entry
Wait reasonable time
Force entry if necessary
Not needed with:
Consent
Hot pursuit
Imminent threat to life/property/escape/destruction of evidence
853.6
Person arrested without a warrant for misdemeanors are cite and release with some exceptions:
-intoxicated/danger to themself or others
-unable to care for own safety
-arrested for more than one circumstance of VC 40302 40303
-one or more outstanding arrest warrant
-could not provide satisfactory ID
-prosecutor of suspect in immediate danger if released
-offense likely to resume
-person wants to see magistrate
-reason to believe person will not appear as specified in cite
-subject to 1270.1
849(b)
Release from custody for:
-insufficient grounds
-intoxication only
-intoxicated/drugs taken to hospital
-DUI taken to hospital
-taken to mental health hospital
Arraignment
Probable cause judicial determination for Warrantless arrest within 48hrs of arrest
Phone calls
3 calls within 3 hours of arrest/after booking for adult
2 calls within 1 hour of confinement
Statute of limitations
Must be formally charged for:
Misdemeanor within 1 yr
Felony within 3 years
Crime punishable by death no limit
Sex crimes/children vary
Miranda warning
Given at start of custodial interrogations. Must understand and invoke or waive right
-Right to remain silent
-anything you say may be used against you in court
-you have the right to an attorney before and during questioning
-if you cannot afford an attorney, one will be appointed for you free of charge, before questioning, if you wish
Interrogation
Direct questioning about crime likely to elicit incriminating response
Miranda waiver
Expressed - yes/no
Implied - exhibits conduct indicating waiver of rights
Conditional - limitations on questions answered
Can change mind at any time and invoke rights
Right to council
Have to clearly request attorney. All interrogation must stop until attorney present
Right to remain silent
All interrogation must stop until:
Time has passed, officers have new information, want to discuss different crime. Must re advise Miranda prior to questioning again
Re initiating questioning
Suspect changes mind and wants to talk. Re-give Miranda, obtain express waiver, interrogate, re initiate any statement given
Miranda for minor
Same as adults
Minor shall consult with legal counsel in person/phone/video before custodial interrogation. May not be waived
Exception to Miranda
The concern for public safety
Interview
Gather information to:
-determine if crime took place
-identify and locate victims/witnesses
-identify possible suspects
-generate crime broadcast for dispatch
Confession
Commission of all elements of the crime
Admission
Certain facts about the crime but not everything
Subterfuge
Deception as a tactic for interrogation
Reasonable expectation of privacy
Individuals have indicated that they expect privacy in object or area and society is willing to recognize that as legitimate
Subjective expectation of privacy
Persons state of mind demonstrated by actions designed to protect their privacy (fence, shades, locks)
Open fields
Area open to public view lack reasonable privacy from 4th amendment
Standing
Established by ownership, lawful possession, authority, control of area/property
Need standing to challenge a search/seizure
Probable cause to search
Fair probability/substantial chance that an item sought is located in area to be searched
A crime has occurred or is about to occur
Evidence to that crime exists
The evidence is located where you wish to search
Exclusionary rule
If court finds search/seizure not reasonable items seized could be ruled inadmissible as evidence
Search warrant
An order in writing, in the name of the people
Signed by magistrate
Directed to a peace officer
Commanding to search for individual/thing/property
To bring before magistrate
Pc 1524 statutory grounds for issuance of search warrant
Pc 1529 1533 warrants include
Name(s) of those who swore probable cause to be true
Statutory grounds for issuing warrant
Description of place(s)/person(s) to be searched
Description of property to be seized
Magistrates signature
Date issued
Indication if nighttime service is authorized
Probable cause to search
Reasonable inference-drawing conclusions from facts
Direct evidence-proves fact directly
Circumstantial evidence-deductions must be drawn by jury/court
Freezing
While obtaining a search warrant, based on exigencies, an officer may secure an area to be searched
PC 1534 Time limits for service
10 days starting day after issuance to execute search warrant (no weekend/holiday consideration)
10 days to return warrant/inventory to magistrate (if falls on weekend/holiday rolls to next business day)
Search warrants served 7-2200
Detaining persons during search warrants
May detain/pat search anyone present with connection to premises
Nexus rule
Officers may seize contraband not listed on search warrant while conducting lawful search
Plain view seizure
If officer is legally allowed to be there, may seize contraband in plain view. Need probable cause item to be seized is contraband
Exigency circumstances to search
Imminent danger to persons life
Serious damage to property
Imminent escape of suspect
Imminent destruction or removal of evidence
Can only freeze then obtain warrant
Arms reach search
Upon arrest officer may search area reasonably within arrestee control
Protective sweep
Brief search for individuals only in areas adjoining area of arrest
Vehicle search (vehicle exception)
May do Warrantless search based on probable cause vehicle contains contraband/evidence of a crime. Must be lawfully detained. Scope of search depends on probable cause items sought may be reasonably located
Vehicle search timing
Doesn’t have to take place immediately. Can be towed and searched later as long as there is still probable cause
Protective search of vehicle
Limited Warrantless search for weapons when lawfully detained based on specific facts. Only reasonable suspicion like a pat search. Only passenger compartment
Protective sweep of vehicle
Officer may perform search of vehicle when arresting passenger if arrestee is unsecured, has reachable access to vehicle, officer has reasonable suspicion. Trunk not included in scope
