Test Review

Question 1

1st Amendment

Answer 1

Freedom of:

• Speech
• Press
• Religion
• Assembly
• Petition of grievance

Question 2

4th Amendment

Answer 2

Protection from unreasonable search and seizure. Requires warrant and probable cause

Question 3

5th Amendment

Answer 3

Guarantee of due process

Protection from self incrimination and double jeopardy

Question 4

6th Amendment

Answer 4

Fair and speedy trial
Public trial
Know the accusation and accuser
Counsel and own witnesses

Question 5

8th Amendment

Answer 5

No unreasonable bail or fines

Protection from cruel or unusual punishment

Question 6

14th Amendment

Answer 6

Equal protection under the law
Right to trial and due process at the state level
Citizenship clause

Question 7

3 Crime Classes

Answer 7

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

Question 8

General Intent

Answer 8

Intentional act but does not have to prove person intended to cause harm or result of action

Question 9

Specific Intent

Answer 9

Intentional act with specific consequence intended. Has to be proven to be convicted

Question 10

Transferred intent

Answer 10

Intentional, unlawful act affects victim other than person intended to be affected (Ex. Drive by shooting hits bystander)

Question 11

Reasonable Suspicion

Answer 11

Sufficient information for reasonable person to suspect criminal activity is occurring, may occur, or has occur.
Person being detained must be connected to activity

Question 12

Probable Cause

Answer 12

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

Question 13

Terry v Ohio

Answer 13

1963- Peace officers can pat down in order to search for weapons

Question 14

Terry Frisk/ Pat Down Search

Answer 14

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

Question 15

Exceptions to Misdemeanor Arrest w/o Warrant

Answer 15

• 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

Question 16

15 PC

Answer 16

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.

Question 17

31 PC

Answer 17

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

Question 18

32 PC

Answer 18

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

Question 19

69 PC

Answer 19

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

Question 20

71 PC

Answer 20

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

Question 21

118 PC

Answer 21

Felony
Perjury
- False testimony under oath

Question 22

148 (a) (1) PC

Answer 22

Misdemeanor
Willfully resists, delays, or obstructs any public officer, peace officer, or emergency medical technician in discharge or attempt to discharge duties

Question 23

148.1 PC

Answer 23

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.)

Question 24

148.3 PC

Answer 24

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

Question 25

148.5 PC

Answer 25

Misdemeanor
False Report of Criminal Offense to peace officer, DA, or deputy DA
- Knowingly files false report

Question 26

148.9 PC

Answer 26

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

Question 27

197 PC

Answer 27

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

Question 28

692 PC

Answer 28

Self Defense of oneself, others, or property

- “make resistance sufficient to prevent the offense”