Help
Options
Didn't know it?
click below
click below
Knew it?
click below
click below
Don't Know
Remaining cards (0)
Know
retry
shuffle
restart
0:00
Embed Code - If you would like this activity on your web page, copy the script below and paste it into your web page.
Normal Size Small Size show me how
Normal Size Small Size show me how
Arrest
| Question | Answer |
|---|---|
| Transferred Intent | Unlawful act affects a person other than, or in addition to the person it was intended to affect (Actual victim) |
| Criminal Negligence | Is a negligent act that is aggravated or reckless and constitutes indifference to the consequences (failure to exercise ordinary care and meets the requirement of criminal intent) |
| Crime | A collective wrong against the people of the state of California Is a violation of a criminal statute and is an act committed or omitted in violation of law (upon conviction may receive a penalty or punishment of Death, Imprisonment, Fine, Disqual... |
| Persons Liable for Punishment | Commit any crime within CA People outside of CA (includes stealing and bringing to CA, Cause, Aid, or Advise Commit Perjury |
| Elements of the crime | Basic facts that must be proven by the prosecution to sustain conviction |
| Intent | Mental State or Frame of Mind that the person knowingly did the particular act (break the law) |
| General Intent Crimes | Intent is presumed and does not have to be proven (i.e. battery, arson, transportation of drugs or ex-felon in possession of a firearm) *Ignorance of the law is no excuse *aware of actions or conduct |
| Specific Intent Crimes | Recognized by the language of the statutes (i.e. "with intent to" or "for the purpose of") *to do some further act or achieve additional consequence, unless this specific intent exists, the crime has not been committed |
| Attempt to Commit a Crime | Intent to commit that crime (substantial effort to carry out the act) A direct, but ineffectual, act done toward its commission *thinking about it is not enough |
| Classification of Crime | Felony, PRCS, Mandatory Supervision, Misdemeanor, Wobbler, and Infraction |
| Felony | a crime punishable by a fine and/or imprisonment in state prison, death, or removal from office |
| Misdemeanor | a crime of lesser gravity than a felony and are punishable by fine and or imprisonment in a county jail |
| Wobbler | a crime that can be either a felony or a misdemeanor and are punishable by imprisonment in either state prison or county jail/and or fine |
| Infraction | a public offense that is punishable by fine only (issued a citation in place of arrest) |
| PRCS Post Release Community Supervision and Mandatory Supervision | Two new classifications for out-of-custody felons and are subject to supervision and can be subjected to search |
| Resisting an Officer | Resisting, delaying, or obstructing the Peace Officer's, Public Officer's or EMT's discharge of duties ("resisting arrest") *Willfully* Classification: Misdemeanor |
| Physical Contact | No Physical contact between the suspect and Officer is necessary for the crime of resisting, delaying, or obstructing *verbal threats or interference can pose sufficient obstruction for crime to take place |
| Peace Officer | Sheriff Undersheriff Deputy Sheriff City or District Chief or Police Police Officer Marshal Deputy Marshal of a Municipal Court DA investigator CA Highway Patrol |
| Public Officer | Building inspector Health inspectors et al. |
| Executive Officer | Peace Officers, District Attorney (DA) City Attorney's, and Police Commissioner that are charged with the responsibility of enforcing the law |
| Obstructing Executive Officers | attempting by means of threat or violence to deter or prevent any Executive Officer from the performance of that officer's duties * Knowingly resists by the use of force or violence Classification: Felony |
| Threatening Public Officers | Intent, attempts to cause or causes officer, public or private educational institution or public officer or employee to refrain from doing or preforming duties by means of threat & directly communicates to inflict harm *reasonably appears threat (Felony) |
| Providing False Identification | Failure to truthfully Identify oneself to an Officer falsely represents or identifies as another person upon lawful detention to evade court or proper identification by investigating officer Classification: Misdemeanor |
| Falsely reporting a crime | Knowingly, falsely reporting a criminal offense (Felony or Misdemeanor) to Peace Officers, DA, DDA *not only an obstruction but can jeopardize safety and well-being of Officers and Public Classification: Misdemeanor |
| Emergency | Any condition which results in or could result in the response of a public official in an authorized emergency vehicle or jeopardizes public safety and results or could result in evacuation |
| Falsely reporting an emergency that is likely to cause death | Knowingly, falsely reporting and Emergency that is likely to cause death or great bodily injury to City and/or County state department, district, agency, division commission or board . Classification: Felony |
| Falsely reporting a bomb or other destructive ordinance | Knowingly, falsely reporting to specified personnel that a bomb or other explosive has been placed or hidden in any public or private place. Classification: Felony |
| Three Origins of Law in today's Legal system | Constitutional Law Statutory Law Case Law |
| Constitutional Law | Rules and Provisions found in the Federal and State Constitution: Bill of rights the first 10 amendments * Law enforcement officers are also impacted and bound by the decision of these courts |
| Statutory Law | Laws enacted by a Legislative body. All crimes are statutory in CA. A law that is based on legal principle and a punishment must be provided *Ex post facto laws -written after the facts |
| Codes | Statutory aw that is recorded in various state, county, or municipal *Ordinances=Statutes |
| Case Law | based upon previous appellate court decisions that are binding on lower court decisions *Precedent |
| Criminal Law | deals with violations of the criminal justice statutes *crimes Consequence: prosecution *Death, incarceration, fines, removal, disqaul Purpose: deter criminal behavior |
| Civil Law | Non-criminal violations of the law or private wrongs against another person *tort=civil Consequences: monetary compensation, other relief not including incarceration Purpose: Redress: right wrong |
| Fourth Amendment | Secure in their persons, houses, papers, and effects against unreasonable search and seizures * requires Probable Cause for the issuance of warrants |
| Fifth Amendment | Individuals cannot be compelled to self-incriminate *remain silent in criminal cases, not tried twice *double jeopardy, or deprived of life, liberty, property without due process *legal counsel (Miranda warnings) |
| Sixth Amendment | Guarantees individuals accused of crime the right to a speedy trial, confront witnesses against them and obtain witnesses in their favor, the assistance of counsel during court proceedings *arraignment |
| Fourteenth Amendment | Guaranteed Rights: Due Process and Equal Protection No state shall make or enforce any law which shall abridge privileges or immunities of Citizens nor deprive of life liberty or property *includes illegal aliens |
| Reasonable Suspicion | A standard used to justify detention and exists when an officer has sufficient facts and info to make it reasonable that criminal activity is occurring and the person is connected to that activity. |
| Probable Cause to Arrest | Exists when the Totality of Circumstance *total atmosphere would cause an ordinary person to strongly be suspicious that the person to be arrested is guilty of a crime. *higher standard of suspicion |
| Search | occurs when expectation of privacy that society is prepared to consider reasonable is infringed upon by the Govt |
| Seizure of a Person | occurs when a peace officer physically applies force to a person or when a person voluntarily submits to the officer's authority |
| Seizure of Property | occurs when there is some meaningful interference with an individuals possessory interest in that property by the Govt |
| Force Options | choices available to a peace officer in any given situation to overcome resistance, affect an arrest, prevent escape, in defense of self and others to gain control of the situation |
| Objective for Use of Force | for Peace Officers to gain and maintain control of an individual and situation |
| Requirements of Peace Officers when using Force | Use the type of force Reasonably& Objectively under the totality of circumstances, Use only the amount of force Reasonably &Objectively to overcome resistance & gain control of subject conforms to agency state & federal law |
| Officer Judgement | Must rely on their own judgement to ensure that the amount of force used to gain/maintain control does not exceed what is objectively reasonable under the totality of circumstances |
| Officer Preparation | Uniforms, Gear, Firearms, Body Armor |
| Practice and Training | Officers will revert to the responses they learned in training when faced with dangerous situations *Tactical Performance may depend on how well they trained and practiced the required skills and abilities |
| Factors Affecting Selection | Public & Officer Safety Amount & Nature of Resistance Presence of Weapons & Type Seriousness & Nature of offense Characteristics of Subject v Officer Availability of Assistance Nature Condition of the Location & Surroundings |
| The propriety of an officer's use of force is dependent on | Whether that force is found to have been objectively reasonable under the totality of circumstances, Immediate threat to the safety of the officer or others |
| Subject's actions and the practical considerations involved in a situation are considered | Major factors in determining the type of force the officer may lawfully use in order to gain or maintain control of the subject or situation |
| Compliant subject | Subject offers no resistance Force options: Professional appearance nonverbal actions verbal requests & commands handcuffing and control holds |
| Passive Non-Compliant subject | Does not respond to verbal commands but also offers no physical form of resistance Force Options: Officer's strength to take physical control lifting/carrying Pain compliance control holds takedowns to direct movement or immobilize subject |
| Actively resistant subject :Combative | Physically evasive movements to defeat and officers attempt @ control verbally or physically signaling an intention to avoid or prevent being taken into custody Force Options: Control holds use of personal body weapons to gain advantage over subject |
| Assaultive subject | Aggressive combative; attempting to assault the officer verbally or physically displays intent to assault officer or another Force Options: devices/techniques to secure compliance use of personal body weapons in self-defense to gain advantage over subject |
| Life threatening: Deadly Force | Any action that is likely to result in death serious bodily injury of officers or others Force Options: Utilizing firearms or any other available weapon or action in defense of self and others to stop the threat |
| Constant Reevaluation of Force | Officers must use force options appropriate for the situation as conditions may change rapidly. Officers must reevaluate the subjects actions *deescalate or escalate and must remain in bounds of conduct of objectively reasonable |
| Key Considerations | Distance Number of subjects Subjects mental state or state of intoxication subjects physical strength and skill affecting or endangering other people Time |
| General Categories of Force Options | Non-Deadly: Low * Force which creates a minimal risk of injury Intermediate: Moderate * Force that has a significant risk of injury Deadly: High * Force which has a substantial risk of serious bodily injury or death |
| Levels of Force Options Tools and Techniques: Presence-Talk-Touch-Control-Tools-Deadly | Officer presence Verbal commands Control techniques Handcuffing chemical agents electronic control weapons impact weapons canine personal body weapons improvised weapons firearms |
| Considerations regarding the use of deadly force: | Defense of human life *Imminent threat of death or serious bodily injury Officer may use reasonable force to prevent escape or affect arrest and overcome resistance *totality of circumstances fear for life and safety |
| First Amendment | Freedom of Assembly, speech religion |
| Under the Miranda | If a person is locked in a police car cuffed at the police station already in custody for another crime, they are under arrest and the Probable cause exception doesn't apply |
| Appropriate conduct during a consensual encounter | Request info interviewing witnesses @ the scene conversing casually disseminating information |
| Elevating consensual encounters: This elevation could be a violation of the 4th Amendment | Use of emergency lights preventing a person or car from leaving the area issuing orders or commands using accusatory statements conducting cursory search demanding/keeping ID's |
| Detention: is limited in scope, intensity and duration and... | requires reasonable suspicion of criminal activity and is the assertion of authority by peace officers, that would cause a reasonable person to believe that they are not Free to leave |
| Basis for Reasonable suspicion | Cannot be based on a hunch or instinct. If not properly established in a court of law the case may be dismissed and any evidence seized may be excluded from the trial |
| Factors that contribute to establishing reasonable suspicion: | Appearance/Condition Actions Driving behaviors Knowledge of person's history Demeanor Location of the stop Officer Training and experience * flight alone does not establish nor justify detention |
| Role of a reliable source | officers can use info from others to investigate possible criminal action and can detain those involved in that action * a tip may support a detention if the circumstances make the info believable |
| True or False Detention is considered "seizure of the person" | True: However it doesn't intrude into a person's liberty as much as an arrest and officers are restricted in what actions they may take during detentions *person believes they are not free to leave and is temporary restraint |
| Investigative actions | officers may take whatever investigative actions that are reasonable under the circumstances to determine the person's possible participation in a crime once they have stopped or detained a person |
| Common investigative actions: | Questioning identity or conduct, contacting other individuals to confirm explanations/identity, determine if person is wanted, checking premises/objects/ locations, for evidence crime has occurred Victim identifying suspect |
| Length of Detention | must be temporary and last no longer than is necessary to resolve the reason for the stop |
| Transporting a Person During Detention: | The person will be considered UNDER ARREST if transported without consent |
| When should officers transport a person during a detention? | Given consent/permission impractical to bring victim/witness to detainees location Conditions are dangerous to the person/officer independent probable cause exists to arrest subject |
| Detainee's refusal to answer questions: | the detainee is not obligated to answer any questions an officer may ask during a lawful detention The refusal alone does not provide probable cause for escalating a detention into an arrest |
| True or False A person who flees from a lawful detention or intentionally gives misleading/incorrect answers may be arrested for violating the detention law? Why? | False: they violated the obstruction law because they delayed or instructed the investigation * Not answering questions is not a violation of law. |
| What kind of search/seizure can be conducted during a detention? | Searches are not permitted during a detention *however if an officer has reason to believe the subject is armed they can conduct a cursory/terry/pat search for officer safety |
| Scope of a Cursory/Pat search: | searching the outer clothing to locate possible weapons * a pat search is not a search for evidence or contraband |
| Illegal search | Manipulation of objects * any additional feeling, grabbing or manipulation of the item is outside of the scope of a Cursory/Pat Search |
| Conditions: | Peace officers must be able to articulate specific facts which caused them to reasonably believe the person possess weapons- |
| Factors that support reasonable suspicion that a person is in possession of weapons: | Clothing Actions Prior knowledge of person carrying weapons Isolated location time of day reason for detention Cursory/pat search of companion ratio |
| Discovery of objects during a cursory/pat search: Item/officer's actions- | Legal object that could be considered a weapon/ Officer may remove item until detention has ceased then return it Container that is capable of holding weapon/ officer may remove and open container |
| Contraband discovered during the cursory/pat search: | without any undue manipulation of the object the officer should seize it, ask appropriate questions and place the person under arrest * search incident to arrest then complete a full search |
| Arrest | Taking a person into custody in a manner that is authorized by law * full seizure of a person |
| Probable cause is needed to establish arrest: | Probable cause is a set of facts that would cause a person of ordinary care and prudence to believe a person to be arrested is guilty of a crime * based on the totality of circumstances |
| Facts required to establish probable cause for arrest: | Direct investigation reports circumstantial evidence second-hand statements from reliable sources |
| Miranda Warning and when they are required: | Custody + Interrogation = Miranda Warning Fifth amendment protections right to remain silent, request a lawyer.... |
| Custody: | Means of formal arrest and subjected to restraints such as handcuffs, guns, lockups, police stations, and back seat of a patrol car *detention like traffic stop no Miranda warnings required even though not free to leave |
| Invoking Miranda: | Requests lawyer Stop questioning Remains silent 2 hour period and re-engage questioning |
| No custody: | lacking actual arrest or restraints no Miranda warning is required before interrogation of a person who has been detained |
| Expectation of privacy: | person can reasonably expect privacy in their own person and home |
| Standing: | ownership lawful possession authority control of the area searched or the property seized |
| probable cause to search: | having enough facts or information to provide fair probability or a substantial chance that the item sought is located in the place to be searched *crime has occurred evidence of crime or evidence at location to be searched |
| Exclusionary rule: | seizure is not reasonable or 4th amendment violation evidence is excluded from the trial *fruit of the poisonous tree |
| Consent searches: | voluntary and has standing/ apparent authority |
| Exigent circumstance search: | emergency situations imminent danger serious damage to property imminent escape of subject hot/fresh pursuit imminent destruction or removal of evidence *officers may seize contraband in plain view |
| Vehicle search and seizures - Probable cause: | Have enough information to obtain a search warrant |
| Plain view: | have probable cause lawfully location to observe the item have lawful access to the item |
Created by:
A1CRichard