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152 Cards in this Set

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  • Back
Accessory
Person who, after a felony, knowingly harbors/conceals/aids a principal
Accomplice
Co-principal who testifies against another principal
Case law
Body of law based on prior judicial decisions
Common law
Body of laws based on ENglish court decisions
Constitutional law
Law of a nation/state addressing the powers of government
Corpus delicti
A Latin term meaning "body of the crime"
Crime
Act committed/omitted in violation of the law
Criminal negligence
Failure to use the care required to avoid criminal charges
Elements of the crime
Basic facts to be proven by the prosecution for a conviction
Entrapment
Inducing a person to commit an uncontemplated crime for purposes of prosecution
Feigned Accomplice
Person who pretends to consort with criminals to secure evidence against them
Felony
The most serious of crimes, punishable by death or incarceration in state prison
General intent
Intent to do that which the law prohibits
Infraction
Public offense punishable by fine only
Intent
State of mind inferred from evidence
Letter of the law
Literal meaning of the law
Misdemeanor
Offense of lesser gravity than a felony, punishable by fine and/or imprisonment in local jail
Municipal code
Administrative statutes enacted by a city legislature to deal with local problems or procedures
Principal
Person involved in the commission of a crime
Specific intent
The particular state of mind that must be proven along with the other elements of a crime
Spirit of the law
Intent of the legislature in the enactment of a statute
Stare decisis
A Latin term meaning "let the decision stand"; precedent
Statutory law
Body of law based on statutes
Tort
Private/civil wrong or injury other than a breach of contract
Transferred intent
Intention to commit an unlawful act that injures an untargeted third person instead of the intended victim
Wobbler
A term for a crime, punishable by imprisonment in either the county jail or the state prison; always treated as a felony
Persons legally incapable of committing a crime
Children under 14, idiots, persons acting under mistake of fact, not conscious of actions, by accident without intention, or under duress
Statements claiming full responsibility for the commission of a crime
Confession
The elements of an offense are also called this
Corpus Delicti
Rules of evidence protect the (blank) from becoming confused or misled
Jury
(blank) is prsented in court to prove the existence or non-existence of a fact
Evidence
(blank) is the establishment of a fact by evidence
Proof
Incriminating statements that fall short of a full acknowledgement of guilt
Admissions
This type of evidence proves a fact without any inference or presumption
Direct
Fingerprints are an example of this type of evidence
Circumstantial
This person is responsible for determining the admissibility of evidence
Judge
Admissible evidence must be (blank), competently presented and legally obtained
Relevant
An obligation to produce evidence sufficient to prove a fact or set of facts
Burden of proof
Any item which by itself is illegal to possess
Contraband
The (blank) of a crime is the means by which a defendant commits a crime
Instrumentality
The (blank) of a crime are the material objects obtained as the result of the crime.
Fruits of the crime
Illegally seized evidence is inadmissible in court per this rule
Exclusionary
This can be accomplished by presenting current good character evidence of a witness who has been impeached
Rehabilitation
This California Code was adopted to govern the admissibility of evidence at trials and hearings
Evidence code
This is a judicially created rule
Exclusionary rule
The exclusionary rule is designed to (blank) an officer from repeating the same mistakes
Deter
1961 case that applies the exclusionary rule to all federal and all state officers
Mapp v. Ohio
Out of court statement offered in court as evidence by someone other than the declarant
Hearsay
Amendment dealing with individual rights against unreasonable searches and seizures
4th
Statements made in response to a sudden, unnerving, startling event
Spontaneous
Statements of (blank) may be testified to for impeachment or credibility purposes
Witnesses
Statements by a dying person respecting cause and circumstances of impending death
Dying declarations
This court hearing is used to dtermine the admissibility of evidence
Suppression
This testimony is admissible hearsay in criminal trials if the witness is unavailable
Former
Conduct which is intended to take the place of verbal communications
Assertive
A (blank) is a cursory search of the outer clothing of the person being detained
Frisk (pat down or Terry)
It is legal to search a person (blank) to his/her lawful arrest
Incidental (contemporaneous)
A document directed to a peace officer, commanding him to search for specified items
Search warrant
This search warrant requirement cannot be excused in advance by a magistrate
Knock and notice
A (blank) must be based on articulable suspicions, which is less than probable cause
Detention
There must exist a (blank) basis for a "frisk" or "patdown"
Reasonable
(blank) implies a free and voluntary agreement to do something proposed by another
Consent
(blank) consent is that which is directly given either orally or in writing
Expressed
Act of seeking out and discovering evidence or contraband in the possession of another
Search
No search is invlived when evidence is sezied under this rule or doctrine
Plain sight
This type of consent is given by signs, actions, facts, inaction or silence
Implied
Search warrants are not required to open closed (blank) found in vehicles incidental to arrest
containers
This doctrine deals with the mobility factor of vehciles
Carroll
Any evidence obtained as the result of an illegal arrest will be (blank) in court
Inadmissible
This means a search must take place at the same time and same location as an arrest
contemperaneous
A vehicle (blank) search is used to document contents to protect the owner against loss
Inventory
A search warrant must be served and returned within (blank) days
Ten
An officer may search the (blank) compartment of a vehicle incidental to arresting the driver
Passenger
An officer may enter a private area if there is a (blank) threat to life, health or property
Substantial
Taking possession of evidence or contraband from another against the person's will
Seizure
These people are not bound to the 4th Amendment and the exclusionary rule
Private security guards
What a person displays publicly is not protected and therefore he/she cannot claim this
Expectation of privacy
The courts have held that use of flashlights is permissible under this doctrine
Plain sight
Blood may be taken in a (blank) accepted manner
Medically
This amendment deals with a right against self-incrimination
5th
While physical force may be applied to the neck area, (blank) is expressly prohibited
Choking
Prior to taking blood, the suspect must be placed under (blank)
Arrest
Refusing to be fingerprinted during booking could result in a (blank) of court charge
Contempt
This California case defines the term "Arm's reach"
Chimel
An arrestee has no legal right to refuse to give these
Fingerprints
It is unconstitutional to force ingestion of this, to cause an arrestee to vomit
Emetic solution
Most neck hold techinques are acceptable, providing they do not impair (blank).
Breathing
An officer may use this to prevent a suspect from swallowing evidence
Reasonable force
Evidence seized as the result of choking an arrestee would be ruled (blank) in court
Inadmissible
This amendment is used to exclude evidence that has been illegally obtained
4th
Federal courts have ruled that seizure of pubic hair without a warrant is too (blank).
Intrusive
The 5th Amendment right against self-incrimination protects statements only, not (blank)(blank)
Physical evidence
(blank)(blank) is defined in the Chimel case as the area within the arrestee's immediate control where a weapon may be obtained or evidence destroyed
Arm's reach
As a general rule, a test for blood, fingerprints, breath, or saliva may be given, whether the defendant is (blank) or not
concious
The "S" in SARA means what?
Scanning - identifying the problem
The 1st "A" in SARA means what?
Analysis - collecting and analyzing information
The "R" in SARA means what?
Response - Cooperatively developing and implementing solutions
The 2nd "A" in SARA means what?
Assessment - Evaluating the effectiveness to the strategy selected
What should you do first when you see a fellow officer do something unethical?
talk to the officer
Same as above but unlawful conduct?
Prevent if possible, if not - notify a supervisor
Name the three charging documents
complaint, information, inditement
Which court automatically accepts death sentence appeals?
State Supreme Court
A (blank) hearing is used to determine if a trial is warranted in superior court on a felony charge
Preliminary
Nonenforcement of laws results in what perception of the justice system by the public?
Public confusion as to the meaning or intent of the law
Name the three levels of court in California?
Superior court, Court of Appeals, and State Supreme Court
A parole officer works in which component of the justice system?
Corrections
Name the three components of the justice system
Judicial, Law Enforcement, and Corrections
Are gratuities acceptable in law enforcement work?
No!!!
Name one problem associated with a peace officer's acceptance of a gratuity?
Expectation of obligation
What constitutionl amendment is bail found in?
8th
How many hours do we have to get a suspect to arraignment if they can't make bail?
72 hours
What regulates a peace officer's conduct and discretion?
All of the above (PPM, law, etc)
What is the Latin term for legal precedent?
Stare decisis
Name the types of criminal intent
General, specific, transferred, and criminal negligence
What is the Latin term for criminal act?
Actus Reus
What is the Latin term for mental intent?
Mens Rea
Only after a (blank) crime has occurred can a person become an accessor, 32 P.C.
Felony
An undercover police officer buying narcotics for prosecution purposes cannot be charged with a crime because he is a (blank)(blank)
Feigned Accomplice
Name the three distinct police citizen interactions
Consensual encounters, detentions, arrests
Pat down frisks of a suspicious person are conducted on the (blank) clothing and the officer believes the person has a (blank) on them.
outer/weapon
Reasonable suspicion is required for a legal (blank)
detention
Probable/reasonable is required for a legal (blank)
arrest
Perjury is what level of crime?
Felony
Impersonating a peace officer is what level of crime?
Misdemeanor
A person who stands in front of a police vehicle to keep the officer from taking their friend to jail has committed which crime?
148 - resisting, delaying public officers
False report of a crime is what level of crime?
Misdemeanor
Which amendment covers search and seizure?
4th
Which amendment covers the right to petition the government for redress of grievances?
1st
Name one purpose for the Rules of Evidence
To keep tainted evidence out of the court
Can a blood sample be taken from a suspect? If so, how much force can be used to obtain the sample?
Yes, reasonable force
What are the ABC's of defensive tactics?
Awareness, balance, and control
Why do we handcuff suspects?
For our safety and theirs
What are the two basic requirements for "use of force" to be legal?
Necessary and reasonable force
Who has the power to arrest?
Everyone
What does "in presence" mean for a misdemeanor arrest?
Use the 5 senses - have to witness the crime to arrest
What is probable/reasonable cause?
Facts that would make an ordinary reasonable and prudent person to reach a similar conclusion
Who can be a victim of assualt under color of authority, 149 P.C.?
Anyone
When can a felony arrest/ arrest warrant be served?
Anytime, any place - likelihood they are there
When can a misdemeanor arrest/ arrest warrant be served?
Unless otherwise stated, between the hours of 6 am and 10 pm
Name the four parts required for a legal arrest.
1) intent to arrest, 2) authority to arrest, 3) seizure/restraint, 4) knowledge, understanding of the subject
How much force can you use against a verbally hostile suspect?
None
When can a police officer use deadly force?
Immediate threat of death or great bodily injury to the officer or others
Posse commitatus, 150 P.C., requires that a person asked to help by a police officer be a minimum age of (blank)?
19
U.S. Code title 18 section 241, civil rights conspiracy against rights of citizens, requires at least how many police officers to be invloved?
Two
Explain the difference between U.S. Code title 18 section 241 and section 242
241 - two officers, 242 - one officer
Can an officer have the motel owner open a room with a pass key to check out anonymous info of possible narcotics activity?
No
Who do we contact when a diplomat is invloved in a crime?
U.S. State Department
When is a peace officer not civilly liable for false arrest?
When accepting a private person's arrest
A peace officer induces a person to commit a crime not contemplates by that person. The officer is guilty of what?
Entrapment
Acts done without due caution and/or recklessness are called (blank)(blank)
Criminal negligence
(blank) eveidence proves a fact without an inference or a presumption
Direct
What is the purpose of the Exclusionary Rule?
To deter officers from making illegal searches