Test Review Flashcards
1st Amendment
Freedom of:
- Speech
- Press
- Religion
- Assembly
- Petition of grievance
4th Amendment
Protection from unreasonable search and seizure. Requires warrant and probable cause
5th Amendment
Guarantee of due process
Protection from self incrimination and double jeopardy
6th Amendment
Fair and speedy trial
Public trial
Know the accusation and accuser
Counsel and own witnesses
8th Amendment
No unreasonable bail or fines
Protection from cruel or unusual punishment
14th Amendment
Equal protection under the law
Right to trial and due process at the state level
Citizenship clause
3 Crime Classes
Felony: state prison over 1 year and/or fine up to $10,000
Misdemeanor: county jail up to a year and/or fine up to $1000
Infraction: Fine Only
*Wobbler- can be charged as felony or misdemeanor
General Intent
Intentional act but does not have to prove person intended to cause harm or result of action
Specific Intent
Intentional act with specific consequence intended. Has to be proven to be convicted
Transferred intent
Intentional, unlawful act affects victim other than person intended to be affected (Ex. Drive by shooting hits bystander)
Reasonable Suspicion
Sufficient information for reasonable person to suspect criminal activity is occurring, may occur, or has occur.
Person being detained must be connected to activity
Probable Cause
Totality of circumstances of the case would cause a reasonable person to have an honest and strong suspicion that the person being arrested is guilty of a crime
Terry v Ohio
1963- Peace officers can pat down in order to search for weapons
Terry Frisk/ Pat Down Search
Cursory search/frisk to allow officer to search for weapons to protect officer from assault. Limited to outer clothing.
Need to have reasonable belief that can be articulated that person might be carrying a weapon.
If contraband is found- seize it, ask appropriate questions, and arrest person. Conduct full custody search
Exceptions to Misdemeanor Arrest w/o Warrant
- Committed by juvenile
- DUI
- Assault or battery on FF, EMT, or Paramedic
- Loaded firearm in public place (person or vehicle)
- Concealed weapon at airport
- Violating restraining order
- Assault or battery on spouse, cohabitant, or parent of their child
- Assault or battery on school property
15 PC
Defines a crime
A crime or public offense is an act committed or omitted in violation of a law forbidding or commanding it, and to which is annexed, upon conviction, either of the following punishments:
1. Death;
2. Imprisonment;
3. Fine;
4. Removal from office; or,
5. Disqualification to hold and enjoy any office of honor, trust, or profit in this State.
31 PC
Definition of Principal in a Crime
- All people involved in committing a crime. Intent required.
- Directly committed, aided and abetted, advised or encouraged
- Includes making those not capable of committing crime (<14 years, idiot, or lunatics), drunk people
- Use threat or coercion to compel another to commit a crime
32 PC
Felony
Accessory to a Felony
- has knowledge that principal has committed a felony and harbors, conceals, or aids principal with intent to avoid arrest/prosecution
69 PC
Felony
Resisting Executive Officer by direct threat or act of violence
- Deters or prevents from performing duties
- Knowingly resists, with force or violence, performing officer’s duties
71 PC
Felony
Threat of or cause injury to Public officer, employee, or employee of educational institution
- Intent, attempt, or cause any of the above to prevent from carrying out their duties by means of a threat directly communicated to inflict injury
- Person or property
- Reasonable that threat could be carried out
118 PC
Felony
Perjury
- False testimony under oath
148 (a) (1) PC
Misdemeanor
Willfully resists, delays, or obstructs any public officer, peace officer, or emergency medical technician in discharge or attempt to discharge duties
148.1 PC
Felony
False Report of Destructive device (Bomb Threat)
- Knowingly reports explosive in public or private place
- Report does not have to be made to peace officer (ex- media, public transit employee, building occupant, utility employee, etc.)
148.3 PC
Misdemeanor, unless results in greater bodily harm
False report of an Emergency
- Knowingly falsely reports an “emergency”
- Any condition that results or could result in an emergency response that jeopardizes public safety and/or evacuation of any building, vehicle, or other area
148.5 PC
Misdemeanor
False Report of Criminal Offense to peace officer, DA, or deputy DA
- Knowingly files false report
148.9 PC
Misdemeanor
Providing False Identification to Peace Officer
- Falsely IDs oneself upon lawful detention or arrest
- In attempt to evade process of court or investigation by peace officer
197 PC
Justifiable Homicide
- Self defense
- Property defense when potential for violence
- Defense of others
- Attempting to apprehend person when felony committed, lawfully suppress a riot, or lawfully keeping and preserving the peace
692 PC
Self Defense of oneself, others, or property
- “make resistance sufficient to prevent the offense”
