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87 Cards in this Set

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6th Amendment

-right to counsel


-speedy trial by impartial jury


-confront witnesses


-subpoena witnesses


-be made aware of charges/evidence against

5th Amendment

-can not be tried twice for the same crime


-(no double jeapordy)


-freedom from self incrimination

4th Amendment

-Freedom from unreasonable search and seizure

1st Amendment

-Freedom of speech


-religion


-press


-right to assemble


-right to petition government

8th Amendment

-Freedom from cruel and unusual punishment


-freedom from excessive fine or bail

14th Amendment

-Equal protection under the law


-Right to due process of the law

Community policing

-organizational/personal philosophy promoting police, community partnership and proactive problem solving.


-quality of life


-preventing crime


-reducing fear of crime


-increasing ownership and involvement

PC 502 (c)(1)

FELONY


-knowingly accesses without permission, alters, damages, deletes, destroys any data, computer for personal gain or defraud deceive or extort

PC 15

-crime committed in violation of the law


-punishable by death, imprisonment, fine, removal from office, disqualification to hold office of trust profit or honor in the state

Mapp V. Ohio

-1961


-exclusionary rule for evidence collected under illegal search and seizure


-apply the 4th 5th and 6th amendments to the states

PC 834

-Arrest defined


-An arrest is taking a person into custody, in a case and manner authorized by law by a police officer or private person

PC 835

-Definition of when an arrest is made


-An arrest is made by an actual restraint of the person or by submission to the custody of an officer. The person arrested may be subject to such restraint as is reasonable for the arrest and detention

4 fundamentals of firearm safety

1.Treat all weapons as if they are loaded


2.Always keep the weapon pointed in a safe direction


3.Keep your finger off the trigger until ready to fire the firearm


4.Be sure of the target and what is beyond it before you fire the firearm

PC 835(a)

-reasonable force


-an officer may use reasonable force to effect the arrest, prevent escape, or overcome resistance in a lawful arrest

7 rules of firearm safety

1.point the weapon in a safe direction


2.keep your finger off the trigger


3.put the safety on if possible


4.remove the magazine if possible


5.open the action


6.unload the weapon


7.visually and manually inspect the chamber and magazine well

Tennessee V. Garner

-1985


-officer may not use deadly force to prevent escape unless there is a threat to officer or others.


-probable cause that deadly force is necessary.


-warning is given

PC 149

-assault by an officer


-FELONY (per post) Misdemeanor in reality


-any officer who under the color of authority, without lawful necessity, beats or assaults any person.

PC 148(a)(1)

-resisting, delaying, obstructing any public officer, peace officer, or emergency technician


-misdemeanor

VC 17004

Authorized Emergency Vehicles

17004. A public employee is not liable for civil damages, personal injury or death or property from the operation, in the line of duty, of an authorized emergency vehicle with due regard while responding to an emergency call or immediate pursuit of suspect.

VC 21055

When responding code 3 to Fire Emergency Rescue Pursuit, an emergency vehicle may:


-proceed through a red light


-exceed maximum speed limit


-violate rules regarding turning moves and road position

VC 21806

21806. upon immediate appraoch of an emergency vehicle operating under emergency conditions (sirens & lights), all drivers shall:


-yield right of way


-pull to right shoulder


-stop





Upon immediate approach of an authorized emergency vehicle whith siren and at least one red light that is visible, under normal atmospheric conditions, from a distance of 1,000 feet to the front of the vehicle, the surrounding traffic shall, except as otherwise directed by a traffic officer, do the following:

(a) (1) Except as required under paragraph (2), the driver of every other vehicle shall yield the right-of-way and shall immediately drive to the right-hand edge or curb of the highway, clear of any intersection, and thereupon shall stop and remain stopped until the authorized emergency vehicle has passed.

(2) A person driving a vehicle in an exclusive or preferential use lane shall exit that lane immediately upon determining that the exit can be accomplished with reasonable safety.

(b) The operator of every street car shall immediately stop the street car, clear of any intersection, and remain stopped until the authorized emergency vehicle has passed.

(c) All pedestrians upon the highway shall proceed to the nearest curb or place of safety and remain there until the authorized emergency vehicle has passed.

PC 834(a)

Duty to submit to arrest


if a person has knowledge, or by the exercise of reasonable care, should have knowledge, that he is being arrested by a peace officer, it is the duty of such person to refrain from using force or any weapon to resist such arrest

PC 647(a)

Lewd conduct in public


-every person who solicits to engage or engages in lewd or dissolute conduct in public or open to the public view


-misedemeanor

PC 459

Burglary


-any person who enters a building or specified structure with intent to commit grand or petty theft or any felony


-1st degree felony


2nd degree wobbler

PC 470

-forgery


-felony


-signing the name of another or a fictitious person without authority or otherwise altering a document with the intent to defraud

vc 12951(a)

a driver must have a valid license in that person`s immediate possession at all times when driving a motor vehicle upon a highway
-infraction

vc 12500

(a) no person shall drive a motor vehicle upon a highway without being licensed, except persons expressly exempted
-misdemeanor
(b)motorcycle, motor driven cycle, motorized bicycle
(c)off street parking facility or private where no fee is charged or held open for common public use of retail customers
(d) unlawful to drive a motor vehicle or combination of vehicles without proper classification of license - infraction

reasonable suspision

the standard used to justify a detention. when an officer has sufficient facts and info to make it reasonable to suspect that criminal activity may be occuring, and the person to be detained is connected to that activity

vc 12951(b)


(not required yet)

it is unlawful to refuse to present their driver's license upon demand of a peace officer
-misdemeanor

166(a)(4)

violating a court order
-any person willfully disobeying an order lawfully issued by any court
-needs to have been served or present when order was generated
-misdemeanor

136.1(b)(1)

intimidating witness or victim
-person who ATTEMPTS to prevent or dissuade a victim or witness from making any report to a peace officer
-felony

4 types of evidence

-testimonial
-real
-demonstrative
-cicumstantial

PC 1531

Knock and notice-before entering a dwelling to serve a search warrant, an officer must


-knock OR otherwise announce their presence


-identify themselves as peace officers


-state their purpose


-demand entry


-wait a reasonable amount of time


-if necessary, forcibly enter the premises

PC 1534

-a search warrant shall be executed and returned within 10 days of issuance


-beginning with the day after it is issued, and running until midnight of the 10th day


-no exceptions for weekends or holidays


-served between 0700-2200 hrs unless designated for night service by magistrate

PC 242

-Battery


-willful and unlawful use of force or violence


on the person of another


-includes clothing, canes, etc


-misdemeanor


-felony if causes treatable injury of specified person (243(c)(1)) or causes serious bodily injury (243(d))


-every battery contains the lesser crime of assault(240)

PC 245

-assault with deadly weapon


-unlawful attempt and present ability to commit a violent injury upon the person of another by use of a deadly weapon or force likely to produce great bodily harm


-felony

PC 243(b)

-Battery upon a specified person - misdemeanor


-battery upon a peace officer* can only occur when the officer is engaged in lawful performance of his/her duties. The person committing the offense must reasonably know the victim is a peace officer*


-does not include battery with treatable injury


*peace officer, custodial officer, firefighter, emergency medical tech, lifeguard, security officer, custodial assistant, process server, traffic controller, code enforcement officer, animal control officer, search and rescue member

PC 368(b)

-Elder (65+) abuse - FELONY


-any person who


-knows or should know person is elder


-willfully causes or permits


-physical pain or mental suffering


-permits injury


-to be placed in a situation such that the person or health is endangered

Preventative Patrol

-one of two basic patrol strategies (preventative / directed enforcement) to provide protection and service within an assigned patrol area


-highly visible law enforcement presence


-frequent security checks of high risk areas


-checks of suspicious persons

Consensual Encounter

-face to face contact with a person under circumstances which would cause a reasonable person to believe they are free to leave or otherwise not cooperate


-no legal justification needed as long as officer is in a place they have a right to be

PC 647(f)

-public intoxication MISDO


-any person in public under influence of alcohol or drugs and


-unable to care for their safety or safety of others


-or is obstructing a public way


-does not require a field sobriety / chemical test

VC 10851

-vehicle theft FELONY


-the driving or taking of a vehicle


-without consent


-with intent to temporarily or permanently deprive the owner of title or possession


-intent permanent = grand theft 487(d)(1)

W&I 300

-a peace officer has the authority to take into temporary custody, without warrant, a


-DEPENDENT is a juvenile who is destitute from an unfit home, victim of physical, emotional, or sexual abuse, or lacks parental supervision.


W&I 300


exaggerated version

any child who comes within any of the following descriptions is within the jurisdiction of the juvenile court which may adjudge that person too be a dependent child of that court:
(a)suff or risk non accidental serious harm


(b)suff or risk serious harm from inability par


(c)suff or risk emotional harm from parent


(d)suff or risk sexual abuse par or other


(e)under 5 yrs abuse from par or other

25850(c)(7) PC

-carrying a loaded firearm MISDO


-any person who carries a loaded firearm


-on one's person OR


-in a vehicle:


-in public, on public street, in prohibited area


-FELONY IF felon, stolen, gang, unlawful possession, convict violent/narc crime, no ccw

W&I 601

-habitual disobedience or truancy


-(a) minor habitually refuses to obey directions of parent, guardian(school)


-(b) 4 or more truancies in one school year


-status offender

W&I 602


-criminal act by minor


-violating a law under 18 yrs


-up to 6 hrs secure detention if risk


-classification Ward

273 a(a) PC

-Child harm, injury, or endangerment FELONY


-circumstances or conditions likely to produce GBI (great bodily harm) or death to the child



-any person


-willing causing or permitting any child to suffer, OR


-inflicting unjustifiable physical/MENTAL suffering OR


-having the care or custody of any child, and willfully causing or permitting that child to be placed in such a situation that their person or health is endangered.

273d PC

physical abuse of a child FELONY


-any willful act of physical force that causes corporal injury to a child



-any person who willfully inflicts upon a child


-any cruel or inhuman, corporal punishment or injury resulting in a traumatic condition

148.1(c) PC

-A person who maliciously informs another person -that a bomb or other explosive has been or will be placed or secreted in anypublic or private place-knowing that the information is falsemisdemeanor

W&I 5150

-person mental disorder


-danger to themselves OR others


-or gravely disabled


-taken by officer for 72 hours



any people who as a result of a mental disorder are:


-a danger to others OR


-a danger to themselves OR


-gravely disabled


-may, upon probable cause, be taken or caused to be taken by a peace officer or other designated person to a designated facility for a 72 hour treatment and evaluation.

288(a) PC

Lewd or lascivious acts wit a child under 14


FELONY


-anyone willfully committing any lewd or lascivious act


-upon the body of a child under 14


-with intent of arousing, appealing to, or gratifying sexual desires or those of the child

288.5 PC

Continual sexual abuse of under 14 yrs old


FELONY


-offender has recurring access to a


-child under the age of 14 and commits


-three or more felonies over a period of at least


-3 months

647.6 PC

Annoying or molesting children


MISDEMEANOR


-anyone annoying or molesting


-any child under 18



FELONY IF:


-subject enters dwelling w/o consent


-arrest with prior 647.6 PC conviction


-prior conviction 288 PC, or 311.4 PC

directed enforcement
strategy that can target areas where problems are likely to occur by concentrating patrol activities on particular circumstances
261 PC
Rape FELONY

-an act of penile vaginal intercourse which is committed with a person, not the spouse of the perpetrator


-and without consent of the person


-slight penetration completes


-verbal threats are not critical, can be implied

220 PC
assault with intent to commit crimes

sexual assault FELONY


-assault with specific intent


-to commit mayhem, rape, sodomy, oral cop, rape in concert, lewd acts with child, or penetration with foreign object.

314 PC
indecent exposure

Misdemeanor unless prior 288(a), 314, enters dwelling without consent


-every person who willfully and lewdly


-expose their private parts


-where there are others present to be offended

288a PC
oral copulation FELONY

-the act of copulating the mouth of one person


-with the sex organ or anus of another person


-without consent of the victim


-penetration is not necessary

243.4(a) PC
sexual battery

-MISDO


-FELONY if restrained and bare skin, unconscious, institutionalized, medically incapacitated


-an intimate part (victim or perp) is touched


-without consent of victim


-with specific intent of sexual arousal, gratification, abuse

14210 PC
It is the duty of all law enforcement to immediately assist any person who is attempting to make a report of a missing person.

H&S 11550

under the influence of a controlled substance


-MISDO


-knowledge of its presence


-control or willfully takes into their body a controlled substance


-specific intent to inhale, inject, ingest, etc a controlled substance

H&S 11350

unlawful possession of a controlled substance

MISDO


- knew of its presence;


-knew that was a controlled substance;


-andpossessed a usable amount.

273.5 PC

willful infliction of corporal injury


(on a spouse, cohabitant, former of either, or parent of their child)


-FELONY


-the person willfully inflicts injury upon another person


-the other person is a spouse, cohabitant, dating partner, engagement partner or former of any, or parent of common child


-injury must be physical, internal, external, minor or serious


-child in common must be born


-pain alone does not count

422 PC

Criminal threats


-FELONY


-a threat to commit a crime resulting in gbi to a person or their immediate family


-threat must cause reasonably sustained fear for their immediate family safety


-specific intent, 3rd party still counts


-

17510 PC Kitna

Anyone who while engaged in picketing, carries a


-concealed firearm


-loaded firearm


-deadly weapon


-on their person or in a vehicle under their control


Misdo

136.1 PC

preventing or dissuading a witness or victim from testifying


-knowingly and maliciously preventing or dissuading (or attempt) a witness or victim from:


-attending or giving testimony at a trial or other lawful inquiry


-reporting a crime


-causing a complaint or other charging document, sought, issued, assist in prosecution


-arresting or seeking arrest of a subject


FELONY

ICS

to take command of an emergency situation efficiently,


incident command system utilizes


-common terminology


-modula organization


-integrated communications


-incident action plan


-unity of command


-span of control (3-7 per supervisor)


-designated incident facilities


--command post


--staging area


--base


--camp


--heli


-comprehensive resource management


5 functions


-command, operations, planning / intelligence, logistics, finance

NIMS


national incident management system

HSPD 5&8


flexible framework facilitates govt and private entities work together to respond to national emergencies


-command and management


-preparedness


-resource management, comms and info man.


-supporting tech


-ongoing mangmt and maintanence

646.9 PC

stalking


-willfully maliciously repeatedly follows a person OR


-willfully maliciously harasses a person


-makes a credible threat


-with intent to place the person in reasonable fear foe self or immediate family


FELONY

VC 14601

suspended / revoked license for reckless / negligent driving MISDO


-no person shall drive at any time


-when that person's privilege to drive


- is suspended or revoked for reckless driving


-AND person has been notified of susp/revok

VC 2800.1

Evading MISDO


-anyone who while operating a motor vehicle


-willfully flees or otherwise attempts to elude


- pursuing officer who is:


-driving marked vehicle


-in distinct uniform


-sounding siren as necessary


-at least 1 red lamp from front


-riding marked bicycle


-verbal command to stop


-horn 115 decibels


-hand signals commanding stop

VC 2800.2 (not required)

if evading vehicle is


-driven in a willful or wanton disregard


-for safety of persons or property


-driver is guilty of FELONY

VC 22350

basic speed law INFRACTION


prohibits driving a vehicle at a speed that is not reasonable and prudent (unsafe) for the prevailing conditions, when doing so endangers the safety of people and property


-poor weather


-darkness


-poor road surface


-reductions in road width

VC 23103(a)

reckless driving MISDO


-anyone who drives a vehicle upon a hwy


-in willful or wanton disregard for


-safety of persons or property


-is guilty of reckless driving

W&I 625

authorizes peace officer to take a minor into temporary custody, without warrant for:


-W&I 601, W&I 602


-violated a court order or escaped commitment (636, 702)


-found in public suffering from sickness or injury which requires medical treatment


-miranda required

H&S 11364

-Possession paraphernalia MISDO


-it is unlawful to possess any device, contrivance, instrument, or paraphernalia used for unlawfully injecting smoking controlled substance.


-not pot


-must have residue or show intent

H&S 11377

-possession of specified substance.


-meth, pcp, Lsd, Rohypnol, psilocybin, tranqs


-MISDO

H&S 11359

-possession for sale marijuana or concentrated cannabis


-Felony

537 PC

Defrauding inkeeper wobbler $950


-intent to not pay for services accomodations

PC 466

Possession burg tools MISDO


-possession and intent

PC 496 (a)

Receiving stolen property FELONY

-receiving buying concealing with holding

664 PC

Attemprpted crimes WOBBLER


-attempted / fail act of crime


--punishable by half the sentance

-attempt/fail crime


-punishable half sentance felony

B&P 25658 (b)

any person under 21 years of age


-who purchases or consumes any alcoholic beverage in any on-sale premises, is guilty of a misdemeanor.


415.2 PC

Any person who maliciously and willfully disturbs another person by loud and unreasonable noise.


MISDO

409 PC

409. Every person remaining present at the place of any riot, rout, or unlawful assembly, after the same has been lawfully warned to disperse, except public officers and persons assisting them in attempting to disperse the same, is guilty of a misdemeanor.

416 PC

416. (a) If two or more persons assemble for the purpose of disturbing the public peace, or committing any unlawful act, and do not disperse on being desired or commanded so to do by a public officer, the persons so offending are severally guilty of a misdemeanor.