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