CDFW Academy > Test Review > Flashcards

Test Review Flashcards

(56 cards)

Study These Flashcards
1
Q

PC 833.5

A

During detention an officer can conduct a cursory/surface level pat down search
-Is only for weapons
-If you don’t find any the search is over

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Probable Cause

A

The totality of the circumstances would cause an ordinary person to believe that the person to be arrested is guilty of a crime

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Statutory law

A

Law enacted by a legislative body

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Criminal law

A

Crimes/Public wrongs against the people of CA

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Letter of the Law

A

Strict interpretation of the law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Spirit of the law

A

Following the intent of the legislature

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Seizure of property

A

Government seizes evidence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Seizure of a person

A

Arrest

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Reasonable suspicion

A

Used to justify a DETENTION

The officer has sufficient facts and information to reasonably suspect that a crime is occurring and the subject is connected to that activity

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Attempt to commit a crime

A

Requires:

Intent
Direct act

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

3 ways to seize someone

A

Consensual Encounter
Detention
Arrest

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Case law

A

Law based on previous appellate court decisions

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Search

A

When a reasonable expectation of privacy is infringed upon by the government

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Ex post facto

A

Can’t charge someone with a crime if the law was written after the “crime” was committed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

4th amendment

A

Unreasonable search and seizure

Warrants must be supported by probable cause

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Civil law

A

Noncriminal violations of the law

Civil wrong is called a “tort”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Elements of a crime

A
  1. Intent
  2. Commission of a prohibited act
    OR the omission of a required act
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

PC 841

A

An officer must tell a subject
1. They are under arrest
2. The reason for the arrest
3. They have the authority to make an arrest (Uniform)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Probable cause

A

Leads to an arrest

The officer has enough evidence that the person has committed a crime

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Deescalation core concepts

A
  1. Self control
  2. Effective communication
  3. Scene assessment and management
  4. Force options
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

PC 835a(b)
PC 835a(d)

A

(b)-officer may use objectively use reasonable force to effect an arrest

(d)-officer need not retreat when effecting and arrest

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

PC 835

A

Officer authority to use restraint

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

PC 834a

Study These Flashcards
A

A person must not resist an arrest

24
Q

Graham Factors

Study These Flashcards
A
  1. Immediate threat
  2. Severity of the crime
  3. Actively resisting
  4. Attempting to flee
  5. Split-second judgements
25
Graham v Connor
Established the objective reasonableness standard Must be fact specific Based on TOC Based on perspective of a “reasonable officer”
26
Detention
An assertion of authority by a LEO that would cause a reasonable person to believe that they are not free to leave Limited in scope, intensity, and duration
27
Arrest
Taking a person into custody
28
Types of law
Constitutional law Statutory law Case law
29
Consensual encounter
Contact with a LEO in which a reasonable person would believe that they are free to leave Limited
30
Why does a plain view seizure not constitute a search?
There is no reasonable expectation of privacy
31
What conditions are warrantless searches and seizures considered reasonable and legal?
-consent -search incident to arrest -exigency -plain view -probation/parole searches -officer safety
32
Legal requirements for seizure of items in plain view?
-probable cause -a lawful right to be in the location -lawful access to the item
33
Pre complaint (Ramey) warrants
An arrest warrant issued before a prosecutor has filed criminal charges against
34
Time of arrest
Warrantless arrests for felonies (any time) Warrantless arrests for misdemeanors and infractions (between 6am and 10pm) unless -crime occurred in officers presence -arrested in a public place -already in custody
35
Arrest warrant contents
Name of defendant Type of crime Time the warrant is issued Where the warrant is issued Signature of issuing authority (judge) Name of court Amount of bail
36
Transferred intent
Unlawful act affects a person who was not the intended target
37
Felony
Crime punishable by fine, state prison, death, removal from office
38
Misdemeanor
Crime punishable by fine or county jail
39
Wobbler
Crime can either be a felony or misdemeanor. Treated as a felony by LEO
40
Infraction
Public offense punishable by fine
41
General intent
Intent is presumed by the act itself
42
Specific intent
Intent must be proven
43
PC 422.6(a)
Unlawful to deprive someone of their rights or subject them to different punishments based on Race, color, citizenship, religion, ancestry, disability, gender, etc.
44
Describe 3 actions of a Peace Officer might take (aside from physically restraining someone) that would define a contact as a detention.
1. Using commands like "Stop" 2. Activating emergency lights 3. Blocking someone's path of exit
45
What are the 3 major classifications of crimes? Define each and describe the characteristics that distinguish them from each other. Define a wobbler and how it should be treated by officers.
Felony: punishable by Prison, Fine, Death, Removal from Office Misdemeanor: punishable by Jail, Fine Infraction: punishable by Fine Wobbler: a crime that can either be a Felony or Misdemeanor (treated as a Felony by the officer)
46
What is the defining feature of a consensual encounter? Why is it important for an officer to be aware of the citizen's perspective of the encounter as well as his or her own?
The subject believes that they are free to leave at any time. This is important to ensure that the subject's 4th Amendment rights are not violated
47
5th Amendment
-Freedom from being tried twice for the same crime (double jeopardy) -Freedom from self-incrimination
48
6th Amendment
The right to: -be told of the charges when arrested -speedy trial -public trial by impartial jury -counsel -confront witnesses
49
14th Amendment
-The requisites for trial (due process) -The right to equal protections under the law -The rights of a defendant during judicial hearings
50
Why must an officer guard against unintentionally elevating a consensual encounter into a detention?
It could result in: -Suppression of evidence -Civil lawsuits for violations of civil rights -Criminal charges for false imprisonment -Agency disciplinary action
51
What actions might elevate a consensual encounter to a detention?
-Emergency lights -Positioning the patrol vehicle to prevent someone from leaving -Issuing commands -Accusatory questioning or tone -Conducting cursory searches without legal justification -Demanding and/or keeping someone's ID
52
Define a conspiracy according to US Code, Title 18 Section 241 and give an example
- if two or more persons - conspire to injure, oppress, threaten, or intimidate any person - for doing anything that the person had a legal right to be doing - or because the person previously exercised any such legal right
53
A peace officer is interviewing a witness at the scene of a drive by shooting. What actions might the officer take to make sure that these encounters remain consensual and do not elevate into detentions? What should the officer do if an eyewitness says she has to leave for an appointment?
The officers shall not prevent the witness to leave or use any commands or accusatory tone during the interview. If the eyewitness has to leave, the officer may ask for their personal information so that they may continue the interview at a later time, however the witness does not need to provide any information.
54
Describe one way peace officers can help to ensure due process rights are guaranteed by the 14th Amendment?
The officer must apply the law equally to all people.
55
What are the 6 categories of persons that PC 26 identifies as incapable of committing a crime? Why are these individuals incapable?
-children under 14 -persons who are mentally incapacitated -persons who committed the act or omission >under ignorance or mistake of fact >without being conscious of the act >through misfortune or accident >under threat or menace These people are incapable of forming intent to commit a crime
56
Peace officers are called to the scene of a robbery by a silent alarm. En-route, they notice a man walking rapidly away from the scene and looking around nervously. They detain the man. What investigative actions can the officers take at this time?
The officers can conduct a cursory search on the subject.
CDFW Academy
flashcards
Decks in class (27)
# Cards
Brainscape helps you reach your goals faster, through stronger study habits.
© 2026 Bold Learning Solutions. Terms and Conditions