Robbery Flashcards

Question 1

Q

What is the Mission of the Robbery Unit?

Answer

A

a. To conduct all investigations with an emphasis on:
i. Procedural justice (means fairness in policing)
ii. Transparency
iii. Objectivity
iiii. Thoroughness
v. Compassion for the victims
vi. Accountability for (S)’s

b. Robbery Unit investigates: (RECKG)
i. Robberies
ii. Carjackings
iii. Extortions
iiii. Grand thefts of purses – “purse snatches”
v. Kidnappings

Question 2

Q

What is the statute of limitation for a crime that is punishable by imprisonment in the state prison for 8 years or more? (penal code section 800)

Question 3

Q

Name the two (2) request forms available on the Robbery Unit home page?

Answer

A

a. Video Request Form

b. Sketch Artist Request Form

Question 4

Q

Name the two (2) request forms available on the Robbery Unit home page?

Answer

A

a. Video Request Form

b. Sketch Artist Request Form

Question 5

Q

What is the command structure in Robbery and above?

Answer

A

a. Deputy chief – Shawny Williams
b. Captain – Edward Shroeder
c. Acting LT - Jaime Jimenez
d. Sgt – Ray Vaughn and ??????

Question 6

Q

When are Unit Meetings?

Answer

A

a. Every Wednesday
b. Detectives must be prepared to discuss current cases
c. Detectives must notify their Sgt if they cannot attend

Question 7

Q

What is the On Call procedure?

Answer

A

a. After hours Robbery investigations belong to Night Detectives or BOI On-Call Detective.

Question 8

Q

Name the devices used to determine the exact location of an active cell phone?

Answer

A

a. Stingray
i. An electronic surveillance device for remotely capturing data from cell phones
ii. It’s designed to simulate a cell phone tower and capture information
1. location data
2. can even get data when the cell phone is NOT IN USE

b. Triggerfish
i. Tracks cell phone by mobile vehicle
ii. Mimics a cell tower to force cell phones to reveal their numbers, serial numbers, and location
iii. Court order required
iiii. Deductive reasoning

c. King Fish
i. Military cell phone tracking system developed by Harris Corp.

d. These devices are made by Harris Corp.
e. ESU in CRU is the key to quick apprehension

Question 9

Q

Who has Stingray and Triggerfish?

Answer

A

a. SJPD
b. Sacramento County S.O.
c. Oakland PD
d. U.S. Marshalls

Question 10

Q

What is the ESU unit

Answer

A

a. Electronic Surveillance Unit in CRU
i. Run by Tom Mun and Stephen Rafala

b. ESU handles the phone tracking
c. Go to ESU for Pen Regs warrant

d. Will do the live Pings and Pen Regs
i. Can have cell phone companies give up to date info on cell phone user

e. Also uses Triggerfish
i. A mobile cell tower so that they can triangulate on the cell phone user

Question 11

Q

Name some photo databases?

Answer

A

a. CalPhoto
b. CalGang
c. SJPD Photo database - MUGS
d. Santa Clara County Photo database – MUGS
e. Parole LEADS
f. Socia media
g. Coplink

Question 12

Q

Name systems used to run out persons, vehicles, phones, addresses?

Answer

A

a. RMS
b. Coplink
c. CJIC
d. SLETS
e. CalGang
f. Parole LEADS
g. LPR
h. Accurint
i. LA Clear
j. TLO
k. Crime analysis
l. Intelius
m. Social media (Facebook, etc)
n. WSIN
o. Baynin

Question 13

Q

What are the (3) benefits of a composite sketch for a patrol officer looking for a suspect who has not been identified?

Answer

A

i. Eliminates many classes of suspects
1. based on race, sex, age, build, scars, and deformities

ii. Helps the officer focus attention on suspects who closely match the witness description
iii. Provides the officer with sufficient reasonable suspicion to stop and question a subject who resembles the drawing

Question 14

Q

Name the two companies that manufacture and support bank robbery tracking devices?

Question 15

Q

What are the new cell phone S/W laws? (Five)

Answer

A

a. SB-178 or CalECPA (California Electronic Communications Protections Act)
b. Effective on 1/1/16
c. I/O must specify the time frame and data to be searched in S/W
d. Cannot randomly take all data

e. Includes:
i. Digital records
ii. Emails
iii. Text messages
iiii. Users geographical data
v. Applies to online services that store your data as well

Question 16

Q

According to 821PC, what is required of a detective who arrests a 211 suspect outside the county with no bail Felony arrest warrant who wants to return the suspect where the warrant originated?

Answer

A

Nothing - no right to bail hearing in the county where the suspect was arrested.

If outside agency’s officer made the arrest:

5 calendars days to take custody of suspect within 400 miles away.
5 court days to take custody of suspect further than 400 miles away.

Question 17

Q

According to 821PC, what is required when a 211 suspect is arrested outside the county on an arrest warrant that has a bail amazing, and an officer wants to return the suspect to the county where the warrant was issued?

Answer

A

a. Suspect must be given a written notice that he has the right to appear before a judge in the county of arrest for the limited purpose of posting bail or seeking bail reduction. If suspect waive right, then he can be transported to the county where the warrant was issued.

Note: If the suspect invokes his right to an immediate bail hearing, he must be promptly taken before a judge in the county of arrest. If he is unable able to post bail “forthwith,” he may be transported to the prosecuting county.8 If he posts bail and is released, the judge must order him to appear before a judge in the prosecuting county on a date certain, but no more than 25 days after he is released.

Question 18

Q

What is a pole camera?

Answer

A

a. A camera attached to an electrical pole that establishes long term surveillance of a target
residence so you can watch it on a computer.

b. Does not require a search
warrant

Question 19

Q

Who is a Case Coordinator and what do they do in the Robbery Unit? (Part of Case Management)

Answer

A

a. Sgt will be the Case Coordinator.
i. Case Coordinator will identify patterns or string cases
1. Similar/string cases to the same detective

b. If a case is assigned to one detective and then it is found to be part of a string for another detective…
i. Then assign to the original detective (first in time) to handle

c. Case Coordinator will enter into Versadex which detective is assigned the case

d. CC will maintain an ongoing spreadsheet in “G” drive called “Cases Assigned”
i. Quick reference to assigned detective
ii. Case number
iii. Date and time of crime
iiii. Location of crime
v. Summary of crime
vi. Suspect description
vii. Suspect vehicle
e. When a case is closed
i. Submit through Versadex in the Robbery Handle
ii. Sgt will review for approval or rejection for more follow up

Question 20

Q

Case assignments should be prioritized by considering the following solvability factors:

Answer

A

a. Suspect in custody
b. Known suspect
c. High profile cases or media interest
d. Hate crimes
e. Crimes against the elderly
f. Serial cases
g. High dollar loss
h. High tech commercial takeover robberies
i. Crimes involving serious injuries or violence
j. Multijurisdictional serial cases
i. Investigative task force operations
k. Cases with poor or sketchy information
l. Possible suspect
i. Partial name or moniker
m. Possible or partial license plate number
n. (V) did not see the (S)
o. (S) was masked
p. (V) will not or cannot ID the (S)
q. Uncooperative (V)
r. Case is unfounded

Question 21

Q

How many days are cases due by after assignment?

Answer

A

a. 90 days
b. Cases older than 90 days must have notes as to why it’s still open
c. Sgt. can extend an additional 60 days

Question 22

Q

Does the Robbery Unit have an internal database pre-Versadex?

Answer

A

a. Yes, it does
b. Supervisors may access this database

c. Provides the following informations:
i. Case number
ii. Date and day/time of incident
iii. (V)’s name or business
iiii. Location
v. Type of crime
1. Armed robbery
2. Strong-arm robbery
3. Bank
4. Extortion
vi. Loss
1. Type of property or amount
vii. Type of weapon used
viii. Vehicle
1. Description and license plate
ix. Name and ID of information on arrestees
1. Include PFN and CEN numbers
x. Detective assigned
xi. Disposition

Question 23

Q

What is a “double blind” photo lineup?

Answer

A

When both the witness viewing the photo lineup and the detective showing the lineup do not know which photos is believed to be the suspect of the crime.

Question 24

Q

What should be included in case notes? (Part of Investigation Guidelines)

Answer

A

a. Detailed log of all investigative activities
i. Contacts with Victims and Witnesses
ii. Attempts to contact
iii. Interviews
iiii. Supplemental info
v. Recorded info
vi. Any other appropriate activity
vii. Phone numbers

Question 25

Q

Where should the follow up investigation go in a G.O.?

Answer

A

a. In the “follow up” section in the G.O.

i. Includes cases closed and not filed with the DA’S

Question 26

Q

What are “Props”?

Answer

A

a. A technique used by the police during an interview or interrogation where the investigator alludes to have evidence which the officer does not have in order to get an admission or a confession.
b. Use this very carefully to avoid a false confession.
c. Props are allowed in Robbery but must be fully documented in their report.
d. Any Props must be marked as such and retained as evidence in the case.

e. No counterfeit documents during the interrogation.
i. Only official documents with the name, seal, logo, letterhead, and signature of a real organization or person.

Question 27

Q

You get an in-progress robbery. What are the most basic steps? (10)

Answer

A

a. Respond to the scene immediately
b. Victim info
c. Where it occurred
d. Canvass
e. Pix car
f. TRAK flyer
g. Vehicle of suspect
h. BOL
i. MUPS
j. Chain of command

Use - Read Very Wild Cartoons Plus Trap Very Big Motor Cycles.

Question 28

Q

What is the role of a “Backup Detective”?

Answer

A

a. Used in major robbery string investigations
b. Selected by primary assigned detective
c. Will have a strong working knowledge with the case and will assist
i. Will work in absence of primary I/O
d. Case Coordinator will be advised of the backup detective

Question 29

Q

What are the (3) gun enhancement which are imposed when a Suspect uses a firearm during a 211?

a. Per 12022.53PC for 207, 211,215, etc
b. Did the (S) fire a shot or not?
i. 10 years if gun used
ii. 20 years if gun used and shots fired
iii. 25-life if shots fired and caused injury

Answer

A

a. Per 12022.53PC for 207, 211,215, etc
b. Did the (S) fire a shot or not?
i. 10 years if gun used
ii. 20 years if gun used and shots fired
iii. 25-life if shots fired and caused injury

Question 30

Q

What is the process behind contacting a Victim?

Answer

A

a. Contact the (V) as soon as possible
b. Run out the (V)

c. Arrange for a follow up interview
i. Ideally, the (V) should be interviewed in person in the Robbery Interview Rooms
1. Must be recorded

d. Can be interviewed by telephone
e. Can the (V) ID the (S)?
f. Can the (V) provide other witnesses?
g. Is the (V) cooperative?
i. Willing to pursue this case?
h. Is the (V) injured and need to get photographed?

i. If no phone number for the (V), then
i. Attempt to contact the (V) at their home listed in G.O. or
ii. Send “Victim Letter” to the (V)
1. Can be found with Unit secretary

j. Maintain contact with the (V) to keep them updated with the investigation
k. Refer the (V) to Victim/Witness Assistance Program or mental health care agency to cope with trauma
l. Leave business card with (V)

Question 31

Q

When is the PIO used in the Robbery Unit?

Answer

A

a. This should be the last resort because crime may cease by suspects after this
b. When the media is needed to get additional info on an investigation
c. Contact the SJPD Press Information Officer at 277-5339 or 5273
d. Liaison with the newspaper, radio, and television
e. Only release general details of the case
f. If video or picture is shown to the media, then please make sure that the Video Tech Unit converts them in to the proper electronic format
g. All press releases must be approved by the Unit Commander
i. Once approved by the commander, they are sent to the Media Relations Office
ii. If Unit Commander is not present, then the unit supervisor may approve
1. Unit supervisor will check with SJPD Media Relations Office AND BOI Captain prior to media release
h. A copy of any press release will be sent to the following persons:
i. Robbery Unit Commander
ii. BOI Deputy Chief
iii. BOI Captains
iiii. SJPD Media Relations Officer
v. Case file
i. Consider “Fugitive Watch” and “Crime Stoppers”
i. Anonymous tips to get more info

Question 32

Q

What is a Varda alarm and how does it work?

Answer

A

a. An alarm system that is activated via communication once it has been active
b. Will overtake the local police radio stating something like “alarm at 123 main street”
c. Officers will get this through their radio and then respond
d. Not used very often nowadays because it interferes with police radio

Question 33

Q

What is the minimum investigative standard (6 total)?

Answer

A

a. Review each case
b. Contact the (V)
c. Review all video surveillance evidence
d. Review all physical evidence
e. Create a TRAK Flyer
f. Close out “P” if the case is pending a lab result

Question 34

Q

On 1/1/2013, a new law went into effect that authorizes judges to issue search warrants for the installation and monitoring of vehicle tracking devices? 1534(a)PC and 1534(b)(1)PC

Answer

A

a. In a standard vehicle tracking warrant, what is the amount of days that judges can authorize a vehicle to be tracked?
i. 30 days

b. Can the warrant be extended?
i. Yes. 3not exceeding 30 days.

c. Do you have to notify the registered owner of the vehicle that a tracker has been placed on their vehicle?
i. Yes. Within 10 days after the tracking device has ended.

Question 35

Q

Upon completion of a Miranda advisement to a minor, what additional information must be supplied to the minor prior to questioning?

Answer

A

a. No additional information needs to be supplied to minors.

Question 36

Q

Doest the 6th amendment right to counsel attach if a suspect is indicted by a Criminal Grand Jury? (legal sourcebook)

Answer

A

Yes – as soon as they are indicted the Shatzer 14 day rule starts

Question 37

Q

Per Duty Manual L 7801, what are the criteria for officers who want to travel on planes?

Answer

A

a. Be a federal law enforcement officer or full time municipal, county, or state LEO who is directly employed by the government.
b. Be sworn and commissioned to enforce criminal statutes or immigration statutes.
c. Be authorized by the agency to have a weapon in connection with assigned duties
d. Complete program “LEO, Flying Armed”

Question 38

Q

A photo lineup occurs when an officer arranges for a witness to view a series of photographs in an attempt to identify the perpetrator of a criminal act. Per Duty manual L 4603

Answer

A

a. What is the minimum amount of filler photos that must be included in addition to the suspect?
i. 5
b. Should the photos be shown sequentially or all at once?
i. Sequentially
c. Does the suspect have the right to an attorney during the photographic line-up process?
i. No

Question 39

Q

When Mirandizing a juvenile, is there anything else you need to tell them?

Question 40

Q

How is evidence handled in Robbery?

Answer

A

a. Must be booked into Central Supply ASAP

b. Evidence to be evaluated by Homicide Crime Scene Unit may be temporarily booked into the CSU Technical Evidence Room
i. Once evaluation is done, the detective will re-book the evidence into the SJPD Property Room

c. Any evidence brought into the Robbery for evaluation/photographing must be under the direct control of the case detective
i. Evidence cannot be left unsecured in desks or vehicles
ii. Evidence may be stored temporarily in the Robbery Unit evidence lockers before being booked into Central Supply

Question 41

Q

What is a grand theft? What is the dollar amount, if any?

Answer

A

a. 487PC
i. Take possession of property owned by someone else;
ii. Without the owner’s permission;
iii. With the intent to permanently deprive the owner of the property or;
iiii. For a period of time long enough for the owner to be deprived of its ownership
v. AND it was moved an amount of distance

b. Wobbler – can be felony or misdemeanor
c. $950 is dollar amount for felony

Question 42

Q

What is an “Estes” robbery?

Answer

A

a. A type of theft or shoplifting which is turned into a Robbery when the (S) USES FORCE to complete the theft.
b. The FORCE or THREAT of force must be used to make good the (S)’s theft or attempted theft.
1. Ex: (S) does beer run and the clerk pursues him. The clerk catches up and the (S) punches him and continues to flee with the beer.
c. If force is used simply to make good of his or her escape or another reason then there is no Estes robbery.
1. Ex: (S) does beer run and clerk pursues him. The clerk catches up to the (S) and the (S) drops the beer and runs off. The clerk continues to pursue and the (S) turns around and punches him.
a. The force was used to simply escape but not the theft
ii. Force must be used against the owner or the owner’s agent (Loss prevention, security, clerk).
d. The DA request the initial officer taking the report to talk to the (V) to get their statement and not rely on the (V)’s security report in the case of Loss Prevention personnel.

Question 43

Q

What are some of the responsibilities of an “In Custody Officer”?

Answer

A

a. Prepare “in custody” cases to be submitted to the DA’s
b. Do “JBLT” CJIC check for SJPD arrests related to robberies
i. JBLT is an expanded booking arrest by an agency
ii. Put in the PC code and it will tell you recent arrests
c. Conduct DA runs no later than 10AM
d. Get filed cases to Court by 11AM
e. Ensure all “in custody” cases are signed off and placed in court box
f. Take any cases from DA’s to the courts to be filed immediately
g. Assist with answering phone calls
i. Answer questions from the public
h. Assigned any “in progress” crimes that occur on their assigned day

Question 44

Q

What is an “3si” activation?

Answer

A

a. It’s an alarm that is activated – typically in bank robberies but can be placed in convenience stores that have been robbed frequently
b. “10-33i” type alarm activation
i. Activated by any movement of the device
ii. Once activated…
1. Dispatch will receive alarm activation
2. Dispatch will open the “10-33i” computer menu to GPS the device
3. Dispatch will broadcast a “10-33i” to BFO units
iii. Information that Dispatch will provide to BFO officers:
1. Heading: DOT and how fast (east at 13.7MPH)
2. Location age: how much time the device is at a specific location (8 sec)
3. Accuracy: how many feet/distance the tracking info to the device. (23 ft)
4. Branch: which bank (e.g. Bank of America at 155 Bernal Rd)
5. Device On: How long the device has been activated and tracking (5 mins
c. Patrol should respond similarly to “10-33T” except there is no tracking in the car
i. All tracking info will be provided by Dispatch
d. No need for Pro-Net cars
e. GPS and cell phone tower based
f. Also Radio Frequency or RF
g. May be money-bait package or an electronic device attached to the inside of an ATM machine
h. Currently used at Bank of America, Golden One and Xceed Credit Unions
i. NOTE: “10-33T” is still being used by other banks and credit unions
j. Patrol considerations:
i. Respond to the call with caution
ii. Officers should respond to the bank ASAP to get more details for broadcast info
1. (S) description
a. Race, age, height, weight, clothing description,
2. Weapons used
3. DOT
iii. Officer set up choke points
iiii. Set up perimeter – think BIG scope
v. Set up contact/arrest team as perimeter units hold
vi. Allow the contact team to investigate clues or persons
vii. Use teamwork to update direct Communications, perimeter units and contact team
viii. Look for persons and cars matching description to do 10-96 and 11-96’s
ix. Recover device and swab for DNA
1. Recover evidence
2. Get surveillance
k. Report writing considerations
i. Avoid using “GPS” or tracking device in reports
ii. Use “Traceable Money”
iii. Use “the (S) was arrested based on the info given during the ongoing investigation”
l. Patrol should be patient with Dispatch because sometimes info comes in slowly to them

Question 45

Q

When does Miranda apply?

Answer

A

a. When both CUSTODY and INTERROGATION exists

b. Custody is…
i. Being formally arrested, or;
ii. The (S) had their freedom restrained to a degree associated with formal arrest.
iii. The (S) must be aware of this lack of freedom or reasonably believe that it exists
iiii. At a police facility is considered custody unless they are advised that they are “free to leave” – Beheler admonishment
v. Anywhere else is not considered custody unless they are physically restrained or equivalent restraints on their freedom of movement

c. Just because the (S) may be focus of an investigation does not mean that you have to give Miranda warnings

Question 46

Q

What is a “Beheler admonishment”?

Answer

A

a. As a result of the rulings in Mathiason and Beheler, it became a standard police practice in cases where the (S) was not a flight or safety risk to try and get the (S) to come to the police station to be interviewed voluntarily, without an arrest.
b. Instead of a Miranda warning, the (S) would be given a “Beheler” admonishment
i. “You’re not under arrest. You’re free to leave anytime you want, ok?”
c. As long as the (S) was not subjected to any physical restraint or detained at the station, then no Miranda warnings would be given and statements would often result
d. Suspect must know that they are free to leave

Question 47

Q

A suspect’s intention to invoke must be what? (two reasons)

Answer

A

a. Reasonably apparent

b. Unambiguous and unequivocal

Question 48

Q

What is Edwards v. Arizona (1981)?

Answer

A

US Supreme Court held that once a Mirandized (S) is in custody requests an attorney, police may no longer obtain an admissible statement from him via police-initiated interrogation during a period of continuous custody.

Question 49

Q

What is Arizona v. Roberson (1988)?

Answer

A

The courts upheld the Edwards rule and it applies even if officers are investigating a DIFFERENT crime.

Question 50

Q

What is the Shatzer rule? Maryland v. Shatzer (2010)

Answer

A

a. 14 day rule
b. Only applies to custodial interrogation

c. Once the (S) invokes while in custody for any crime (even unrelated), the officer must wait at least 14 days before he could obtain a valid waiver for custodial interrogation
i. If the (S) invokes while in jail and then gets released out of custody, then neither Miranda, nor Edwards, nor Shatzer applies.

d. Before attempting any custodial interrogation, it’s necessary for police to determine whether the (S) invoked counsel to any officer, from any agency, or any case, during the previous period of custody within the past 14 days.

e. Bottom line:
i. After invoking counsel at custodial interrogation, the (S) is not subject to police-initiated custodial interrogation on any case unless there has been at least a 14 day break in custody.
ii. However, an invocation of counsel does not preclude subsequent non-custodial police-initiated interrogation, on the same or a different case, at any time.

Question 51

Q

What are “pen registers” or connection traps?

Answer

A

a. An electronic device or software that records phone numbers, email addresses, and web sites that a target phone, compute, or other devices has established a connection.
b. Can include programs used to monitor internet communication.
c. Pen reg record data pertaining to outgoing and incoming messages, phone #’s dialed, email.
d. Court order required

Question 52

Q

What are the exigent circumstances required for a “pen register” or connection trap?

Answer

A

a. Immediate danger of death or serious injury
b. Conspiratorial activities similar to organized crime.
c. Immediate threat to national security
d. An outgoing attack punishable by a felony

Question 53

Q

What are the two (2) ways to obtain data by means of a “pen register” or connection trap?

Answer

A

a. Search warrant

b. Emergency declaration (exigent circumstances)

Question 54

Q

How long is a pen-trap search warrant authorized?

Answer

A

a. A judge may authorize for up to 60 days

Question 55

Q

What are the rules regarding GPS warrants?

Answer

A

a. Must be installed within 10 days of the warrant being signed
b. Generally, it’s good for 30 days of monitoring
c. S/W return done within 10 days of completion
d. Must notify the (S) within 10 days

Question 56

Q

What criteria make evidence admissible in court?

Answer

A

a. Testimonial
b. Documentary
c. Real
d. Relevant to the case and non-prejudicial
e. Lawfully obtained
f. Not fruits of the poisonous tree
g. Reliable

Question 57

Q

What is the “Aranda-Bruton” rule?

Answer

A

a. There are three reasons for this rule
i. 1) statements by one accomplice that incriminate another are inherently unreliable because accomplices almost always try to make themselves appear less culpable by shifting as much blame as possible to their associates.
ii. 2) despite their questionable reliability, statements by accomplices tend to be “devastating” in the minds of the jurors.

iii. 3) (most important) – the attorney for a defendant who is incriminated by a codefendant’s statement will be unable to cross-examine the codefendant and thus test the trustworthiness of his statement if, as is often the case, he does not testify.
iiii. There is of course an easy solution to the problem: prosecutors can try the defendants separately
1. This solves the problem but creates other problems
a. It will almost always make it more difficult to obtain convictions
b. It’s hard on victims and witnesses
c. It’s expensive
d. Wastes valuable court resources

Question 58

Q

What is an “Aranda-Bruton” statement?

Answer

A

a. The (S) explained only his role in planning and carrying out the crime
b. Said nothing to suggest that he had an accomplice
c. “A redacted statement”

Question 59

Q

What are “Aranda-Bruton” exceptions?

Answer

A

a. Identical statements made
b. If they were co-conspirators
c. If they accomplice acknowledged a statement to be true
d. Basically, a crook says the other guy that committed the crime with did all the bad stuff.
i. You cannot use this alone as evidence since the crook is trying to protect himself

Question 60

Q

What is a Steagald warrant?

Answer

A

a. Get a search warrant to enter the home of a third party prior to entry
b. Absent consent, probation or parole, exigent circumstances

Question 61

Q

When can DNA be taken from a Suspect?

Answer

A

a. A search warrant
b. An arrest for a felony
c. The (S) has abandoned the DNA – (cigarette)
d. Lawful ruse
i. Traffic stop pretext PAS test
e. Written or verbal consent

Question 62

Q

Who is the Robbery Unit Supervising DA?

Answer

A

a. Primary DA - Angela Bernard
b. 5th floor, BAT team
c. Gangs is Lance Dougherty

Question 63

Q

What are the Statutory Grounds for Issuance of a Search Warrant? (Name FIVE, L3802)

Answer

A

a. When the property was stolen or embezzled.
b. When property or things were used as the means of committing a felony.
c. When property or things are in possession of a person with the intent to use to commit a public offense, or in the possession of another to whom its purpose is to conceal or prevent its discovery.
d. When property or things shows evidence that a felony has been committed, or shows a particular person committed a felony.
e. When property or things to be seized shows that sexual exploitation of a child has occurred or is occurring.

Question 64

Q

During a search warrant, what circumstances allow for the seizure of an item that is not listed on the search warrant? (Two reasons)

Answer

A

a. If the item is a contraband.
b. There is probable cause to believe there’s a NEXUS between the item to be seized and evidence of a crime.
i. Must be specific articulable facts beyond mere speculation.

Answer 62

A

a. 844PC – Arrest Warrant

b. 1531PC – Search Warrant

Answer 63

A

a. 6AM-10PM, unless it’s endorsed for night service
b. If it’s not between the above time frame
i. In a public place
ii. The person must be under arrest for another charge

Answer 64

A

a. 7AM-10PM

Answer 65

A

a. The names of all affiants
b. The statutory grounds for issuance (1524PC)
c. A description of the places and/or persons to be searched
d. A description of the things and property to be seized
e. An indication by the magistrate if nighttime search is authorized
f. The magistrate’s signature
g. The date issued

Answer 66

A

a. Obtain a new search warrant

b. Resubmit the warrant so it may be reissued and revalidated.

Answer 67

A

i. Burden of proof - shifts to the defense as opposed to the prosecution on an on-view arrest
ii. Efficiency – it can save a significant amount of court time. May save the many hours required to defend suppression motions and other challenges to warrant-less arrest
iii. Confidentiality – if a Ramey warrant is used, it is less likely that the defense will be able to discover the identity of a confidential informant
iiii. Aid in apprehension – A Ramey warrant may be entered into CLETS/WPS either as a “permanent” warrant or as a “temporary” warrant
v. Case strategy
vi. Confidentiality of victim/witness info

Answer 68

A

a. No, you cannot get a Ramey Warrant for a (S) under 18 years old.
b. Age is considered

Answer 69

A

a. Narcotics
b. Firearms
c. Currency over $10
d. Explosives
e. Biological evidence (e.g. blood, DNA, SART kit)
f. Any item(s) which exceeds locker space

Answer 70

A

a. 10 total items

b. 4 contact DNA

Answer 71

A

a. 211PC
b. The felonious taking of personal property in the possession of another,
c. From his person or immediate presence,
d. And against his will,
e. Accomplished by means of force or fear.

Answer 72

A

a. First degree or 212.5(a)PC, and
b. Second degree
i. Robberies that don’t meet the require of First Degree

Answer 73

A

a. Inhabited dwelling or home, or
b. Yacht or boat, or
c. The (V) is a driver of a…
i. Bus
ii. Taxi
iii. Cable street car
iiii. Trolley or other services
d. Using an ATM

Answer 74

A

a. 518PC – a felony
b. Also known as “blackmail”
c. Applies when any of these occur:
i. Use force or threats to compel another person to give you money or other property
ii. Use force or threats to compel a public officer to perform an official act, or
iii. if you are a public official, act under color of your official right to compel another person to give you money or other property

Answer 75

A

a. 215PC
b. A person had possession of a car;
c. You took that car from his/her immediate presence (applies to passengers too);
d. Against his/her will by force or fear, and;
e. With the intent to deprive that person of that car permanently or temporarily.
f. This is a strike offense with the (S) having to serve at least 85% of their sentence.

Answer 76

A

a. Elements of 207PC:
i. The (S) moves the (V),
ii. A substantial distance,
iii. Without the (V)’s consent,
iiii. By using force or fear.
b. Force or fear means actually inflicting force or threaten to inflict imminent physical harm.
c. Strike offense – 85% of sentence

Answer 77

A

a. Kidnapping in conjunction with a robbery or other sex crimes
i. Sex crimes include rape, spousal rape, sodomy, oral copulation, or any violation of section 264.1PC, 288PC, or 289PC.
b. Life sentence with a possibility of parole.

Answer 78

A

a. Carries a life sentence
b. Strike offense
c. 208PC - same as above but the (V) is under 14 years old, or
d. Kidnapping with serious bodily injury or death, or
e. Kidnapping in conjunction with a carjacking, or
f. Kidnapping with ransom

Answer 79

A

a. Yes, per 633.5PC.
i. Amended 1/11/17
b. Any felony involving a felony against a person

Answer 80

A

outgoing calls
internet communication
does not record conversation.

Answer 81

A

numbers of incoming calls
internet communication
does not record conversation

Answer 82

A

Yes. The recipient need to be informed within three court days of obtaining the electronic communication.

Exception: obtain information from a 911 call from a device: phone number, and location of the device.

If there is an adverse result, notification can be delayed for up to 90 days.

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Robbery Flashcards

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