case law
Court opinions that are issued over time through the power of judicial review
circumstantial evidence
Evidence that does not prove a fact directly, but rather is personal knowledge or observations from which deductions are drawn
consent search
Search conducted with consent that is voluntary and obtained from a person with the authority to give that consent
contemporaneous
Search conducted at or near the time of arrest, although either can precede the other, at or near the place of the arrest, and while the arrestee is still on the scene
curtilage
Relatively small and usually well-defined area immediately around a residence to which the private activities of the home extend, and in which the owner has an expectation of privacy
custodial arrest
Arrest in which the suspect will be transported to a station, jail, detox center, juvenile hall, or school
custodial lineup
Identification procedure in which the victim or witness to a crime is asked to look at a number of individuals within a custodial environment in an attempt to identify the suspect (also known as a physical lineup)
direct evidence
Evidence that proves a fact directly, without an inference or presumption (e.g., the sale of a controlled substance to an undercover officer)
evanescent evidence
Evidence that will change or be lost over time
exigent circumstances
An emergency situation requiring swift action to prevent imminent danger to life, serious danger to property, imminent escape of a suspect, or the
destruction of evidence
field showup
Viewing of a suspect by the victim or witness that commonly occurs in the field shortly after a crime has been committed
implied consent
By obtaining a driver's license in California a person has agreed to chemical testing without a warrant (i.e., blood, breath, urine)
knock and notice
Before entering a dwelling to serve a search warrant, officers must give notice to persons inside through certain actions
motor vehicle
Self-propelled vehicle (e.g., automobiles, airplanes, buses, recreational vehicles, carts, etc.)
nexus
A reasonable connection or link between two or more items
objective reasonableness
Whether society is prepared to recognize an individual's expectation of privacy as reasonable
open fields
Outdoor real property, outside the curtilage of the residence
overflight
Flight of a plane or helicopter over a given area
parole
Extension of a felon's sentence, that is, an additional specific period of time (usually three years) which a person must serve on the "outside" after having completed the actual prison sentence
passenger compartment
Passenger Compartment can be considered to include all areas accessible to occupants within the vehicle
photographic spread
Identification procedure in which the victim or witness to a crime is asked to look at a number of photographs in an attempt to identify the suspect (also known as a photographic lineup)
plain view
Objects in the line of sight of an officer who has the right to be in that position are subject to seizure without a warrant if the officer has lawful access to the object(s)
probable cause exception
Warrantless vehicle search based on probable cause that the vehicle contains contraband or evidence of a crime. Also referred to as the "automobile exception," or the "vehicle exception
probable cause plus
Additional show of need, beyond the usual probable cause, required for bodily intrusion warrants
probable cause to search
Enough credible information to provide a fair probability that the object the peace officers seek will be found at the place they want to search
probation
Sentencing alternative for a person convicted of a criminal offense granted at a judge's discretion
protective search of a vehicle
Limited warrantless search of the passenger compartment of a vehicle for weapons
protective sweep
Brief search of a house or building to look for individuals only
public access area
Any area that the general public or some members of the public have been given either express or implied permission to be in
reasonable expectation of privacy
When individuals have indicated that they personally (subjectively) expect privacy in the object or area, and their expectation is one which society is prepared to recognize as legitimate
reasonable inference
Act of drawing a conclusion from a fact; it is similar to making a presumption (e.g., seeing smoke and inferring there is a fire)
search
Governmental infringement or intrusion upon an expectation of privacy that society is prepared to consider reasonable
search warrant
Written order, in the name of the people, signed by a magistrate, directed to a peace officer, commanding the officer to search for a person or persons, a thing or things, or personal property, and, in the case of a thing or things or personal property, t
seizure of a person
Peace officer's physical application of force, or a person's voluntary submission to a peace officer's authority
seizure of property
Meaningful interference with an individual's possessory interest in that property by the government
stable evidence
Evidence that will not change over time
standing
When a person has a legitimate possessory interest or relationship over an object or area
subjective expectation of privacy
A person's state of mind demonstrated by affirmative action designed to protect their privacy
valid consent
A person can give permission for search of areas/items within their control
vehicle inventory
Procedure peace officers use to account for personal property in a vehicle that is about to be impounded or stored
voluntary consent
An act of free will and not the result of duress or coercion
To establish probable cause to search peace officers must be able to articulate how and why they have a fair probability to believe:
- a crime has occurred or is about to occur
- evidence pertaining to the crime exists
- the evidence is at the location they wish to search
The 4th amendment provides for:
The people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures and no warrants shall issue, but upon probable cause supported by oath or affirmation particularly describing the place to be searched and the
Reasonable expectation of privacy exists as long as:
- Individuals have indicated that they personally expect privacy in their object or area
- their expectation is on which society is prepared to recognize as legitimate
1524 PC presents statutory grounds for issuance of a search order when the property or thing:
- was stolen or embezzled (1524(a)(1)
- was used as the means of committing a felony (1524(a)(2)
- is in the possession of any person with the intent to use it as a means of committing a public offense, or in the possession of another to whom the item may
The following must appear in a search warrant:
- Names of all those who have sworn to the presented facts as probable cause are true
- The statutory grounds for issuing the warrant
- Description of the places and/or persons to be searched
- Description of the things or property to be seized
- The magi
For a search warrant, peace officers must articulate probable cause that
- A crime has been committed
- Evidence concerning that crime or the identity of the perpetrator is located at the place to be searched
For a, arrest warrant, peace officers must articulate probable cause that
- A crime has been committed
- The individual to be arrested committed that crime
What is the rationale that a crime occurred?
There must be at least a fair probability that a crime has occurred or will occurr
What is the rationale that evidence pertaining to the crime exists?
Officers must establish that evidence of a crime exists. This can be accomplished by direct evidence, circumstantial evidence or by reasonable inference.
What is the rationale that the evidence is located at the place to be searched?
Officers must establish that the evidence was taken to, or produced at, the place to be searched. This can be accomplished by direct evidence, circumstantial evidence or reasonable inference.
Peace officers may secure a residence while in the process of obtaining a search warrant when:
- If the suspect has been arrested inside the location
- If companions of the suspect may destroy items sought upon learning of the arrest
In addition to probable cause to search, peace officers also need exigencies that the evidence will likely be destro
How many days do peace officers have to execute and return a search warrant?
10 calendar days from issuance
When can a search warrant be served?
Execution must begin between 0700 and 2200 hours
What are the good cause situation for a nighttime service?
- Decrease danger to peace officers
- Drug sale occurred at night
- Prompt execution might preclude murder
- Property sought will likely be gone, sold, or removed by dawn
- Stolen items are primarily perishable or easily disposable
To complete the prescribed procedures for knock and notice, peace officers must:
- knock and 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
knock
"police, search warrant, open the door"
wait
force entry
Before forcibly entering a dwelling during a search warrant peace officers must be refused entrance. Refusal may be based on:
- a verbal statement
- individual conduct
- the passage of a reasonable amount of time
Peace officers may enter a private property unannounced if they can demonstrate that compliance with the knock and notice requirements would be futile, or that compliance could result in:
- Harm to the officers or other individuals
- The destruction of evidence
What is a ruse entry?
When peace officers use a false identity or trick to obtain consent to enter a property as long as they already have a search warrant
Search warrants must include specific:
- statutory grounds for issuance
- identification of the area(s) or person(s) that may be searched
- identification of the item(s) to be seized
When can an officer detain and frisk / pat search a person during the execution of a search warrant?
- when the person is present and has demonstrated a connection with the premises
- is already inside the premises
- has a key to enter the premises freely
- enters the premises without knocking
*Mere arrival at the premises is not enough connection to jus
Under the NEXUS RULE, officers may seize items not listed in the warrant when:
- the items are discovered while the officers are conducting a lawful search for the listed evidence AND
- they have probable cause to believe the item is contraband, evidence of criminal behavior or would otherwise aid in the apprehension or conviction o
What requirements must peace officers meet in order to legally seize an item in plain view:
- probable cause / fair probability that the item is contraband or evidence of a crime
- lawful right to be in the location from which they originally observe the item (public area)
- lawful access to the item / area based on consent, exigent circumstance
What are examples of sensory aids in regards to plain view seizures?
- Flashlights
- Night vision devices
- Binoculars
- Dogs
Exceptions to the usual search warrant requirements include:
- cursory / frisk / pat down
- consent searches
- searches pursuant to exigent circumstances
- searches incident to custodial arrest
- probation / parole searches
Reasons for cursory / frisk / pat down searches to be lawful:
- the person must be lawfully detained for an investigative purpose
- the searching officers must be able to articulate specific facts which caused them to reasonably believe the person is dangerous or may be carrying a weapon
- need not be absolutely cer
What is the scope of a cursory / frisk / pat down search:
- outer clothing for weapons only
- once an officer realizes an object is not a weapon the officer cannot further manipulate the object
- any additional feeling, grabbing or manipulating of the item is illegal
Factors that have been recognized as reasonable suspicion for a cursory / frisk / pat down:
- clothing (bulge, heavy clothing in summer)
- actions (trying to hide something, overly nervous, threatening manner)
- prior knowledge suspect carries weapons or violent
- reason for detention (stopped to investigate serious, violent or armed offense)
-
When can an officer search a container found on a person during a cursory / frisk / pat down:
when it is reasonable to believe it can be used as a weapon or that it might contain a weapon
When can an officer reach inside a persons clothing or pockets to inspect an object further during a cursory / frisk / pat down:
- the object felt like a weapon or something that could be used as a weapon
- the subject's clothing is so rigid or heavy that the officer could not rule out the possibility of a weapon or potential weapon
When is consent for a search valid?
- when the consent is voluntary
- obtained from a person with apparent authority
Express consent occurs when
- the consent person clearly authorizes the search either orally or in writing
- requires no inference to supply the full meaning
Implied consent occurs when
- the consenting person authorizes the seach by actions or behavior indicating that consent was given
- must be reasonably inferred
Validity of consent for relationships of husband/wife, parent/child, roommates/co-occupants
Consenter has authority if there is joint access or control over an area or thing i.e. kitchen, family room)
Consenter has no authority if the item is clearly a personal effect of, or the area is under the sole authority of, the non-consenter. Co-occupant
Validity of consent for relationships of landlord/tenant, motel owner/boarder
Consenter has authority if consenter is landlord or owner who has regained exclusive possession of a rental property
Consenter has no authority if consenter is landlord or owner, but the premises are still occupied by the tenant
Validity of consent for relationships of employer/employee
Consenter has authority if there is common authority or control over the area or thing i.e. unlocked file cabinet, open office space
Consenter has no authority if the item is clearly a personal effect of, or the area is under the sole authority of, the no
When can consent be withdrawn during a search
- expressly doing so "i don't want you to search anything more"
- making a statement "I want you to leave now"
- engaging in conduct that reasonably indicates that the consent is being withdrawn i.e. blocking a doorway "I don't want you to go in there
What is the scope of a search during exigent circumstances?
- primary purpose of the officer's entry is to attend the an emergency situation
- may search only if it is reasonable to believe a search is necessary to secure the emergency
- may seize item in plain view if there is probable cause to believe the item i
Examples of imminent danger to life:
- sick or injured person
- child abuse
- violent assault
- domestic violence
Examples of imminent danger to property:
- burglary in progress
- other emergencies i.e. fire, dangerous chemicals or explosives
Hot pursuit
A warrantless entry is permitted if officers attempt to detain or arrest the suspect in a public place but the suspect flees inside a private area
Fresh pursuit
A warrantless entry is permitted if there is no physical chase, but officers are quickly responding to information concerning the suspect's whereabouts and the officers reasonably believe the suspect's escape is imminent
A search incident to arrest may be conducted when:
- probable cause for a lawful arrest exists
- the suspect is taken into custody
- the search is at the same time as the arrest
A search incident to custodial arrest may include:
- a full search of the arrestee's person
- containers on the arrestee's person
- the nearby physical area that was under the immediate control of the arrestee
Peace officers may search any area that is or was reasonably within the arrestee's control. This could include any area from which the arrestee may:
- grab a weapon
- obtain any item that could be used as a weapon
- destroy evidence
Protective sweeps are limited to spaces immediately adjoining the area of an arrest:
- where another person could be hiding
- from which an attack could be immediately launched
- it is illegal to sweep into areas beyond those immediately adjoining the arrest location unless reasonable suspicion that there may be someone there who poses a
An individual serving a period of probation must agree to certain conditions such as
- getting a job
- avoiding drugs
- not traveling outside a limited area
- submitting to periodic searches without a warrant, probable cause or reasonable suspicion
The following conditions apply when the location being searched is the residence of a probationer/parolee
- certainty; must possess information that reasonably indicates the residence is in fact the probationer's/parolee's
- knock and notice
- joint occupants; need not consent of joint occupants
- rooms; may search any room under probationer's/parolee's contr
Searches of a probationer/parolee may be considered harassment if they
- occur to often
- take place at an unreasonable hour
- are unreasonably prolonged
- demonstrate arbitrary or oppressive peace officer conduct
- are undertaken with personal animosity toward the probationer/parollee
For a search of a vehicle to be legal under the probable cause exception:
- the vehicle must have been lawfully stopped or otherwise lawfully accessible
- the officers must have enough facts, knowledge or experience to provide probable cause that the item they are seeking will be found inside the vehicle
What is the scope of a warrantless vehicle search?
officers may search any part of the vehicle as long as what they are searching for might reasonably be located there i.e. cannot look for a shotgun in the glove compartment
Requirements for plain view seizure from a vehicle:
- have probable cause to believe the item is crime-related
- lawfully be in a location to observe the item
- have lawful access to the item
A protective vehicle search is permitted if:
- the driver or other occupant is being lawfully detained
- the officer reasonably believes that there may be a weapon or item that could be used as a weapon, inside the vehicle
During a protective vehicle search, officers may search:
- only for weapons or potential weapons
- in the passenger compartment of the vehicle
- where the occupants of the vehicle would have reasonable access to a weapon or item that could be used as a weapon
What are the conditions for a warrantless consent search:
- must be voluntary
- obtained from a person with the authority to give that consent
What is the scope of a consent search?
May search only those areas of the vehicle they reasonably believe the consenting person authorized them to search. If the consenting person expressly or implicitly restricts certain areas of the vehicle or items within the vehicle, the officer must honor
Officers may search the passenger compartment of a person in a vehicle if they have made a valid custodial arrest of any occupant of the vehicle and:
- the arrestee is unsecured
- has reachable access to the vehicle
- the officer has reasonable suspicion to believe evidence pertaining to the crime for which the suspect was arrested, is to be found in the vehicle
- the officer has reasonable suspicion t
What is the scope of search for under a valid custodial arrest?
- the passenger compartment of a vehicle incident to a recent occupant's arrest only if it is reasonable to believe that the arrestee might access the vehicle at the time of the search or that the vehicle contains evidence of the offense of arrest
- the a
If an officer did not see the arrestee inside the vehicle, they may nevertheless consider the person to be an occupant of the vehicle if:
- the officers reasonably believe the arrestee was an occupant shortly before the arrest
- there was something else indicating a close association between the vehicle and the arrestee at the time of the arrest
A search is deemed incident to an arrest only if it occurred:
- at or near the time of the arrest
- at or near the place of the arrest
- while the arrestee is still at the scene
When can the contemporaneous requirements of a search incident to arrest be waived?
When is is reasonably necessary to delay the search, conduct the search in another location, conduct the search after the arrestee was removed from the scene or the search was conducted as soon as it was practical to do so
When can a vehicle be deemed an instrumentality of a crime?
- when the crime was committed inside the vehicle
- when the vehicle was the means by which the crime was committed
- a vehicle is not an instrumentality merely because it is used during the commission of a crime
The necessary conditions to inventory a vehicle are:
- the vehicle must be in the lawful custody of law enforcement
- the officer conducts the inventory pursuant to a standardized agency policy
What factors do the courts address regarding the necessity and safety before issuing a warrant for bodily intrusion?
- method used, what is the likelihood this type of search will result in the discovery of evidence
- seriousness of the offense, does the nature of the offense justify the infringement on the person's privacy and dignity?
- importance of the evidence to t
When can blood be forcibly extracted from if a driver refuses to comply?
- exigent circumstances exist other than the natural dissipation of blood alcohol that are sufficient to justify the forcible procedure
- the suspect has search terms that authorize a forcible blood draw
- officers secure a search warrant
An officer can seize evidence from a suspect's person incident to an arrest and without a warrant when they have
- probable cause to arrest, the officer must be aware of facts that constitute probable cause to arrest
- probable cause to search, the officer must reasonably believe that the search will result in the discovery of evidence of a crime
- exigent circumsta
What options do peace officers have if a suspect swallows evidence:
- detain suspect and wait for evidence to pass
- if suspect's life is in danger, stomach pump
- suspect give consent to stomach pump
What is needed to obtain a search warrant for a blood sample?
- probable cause that the test results will show evidence of a crime
- the removal will be conducted by trained medical personnel in accordance with accepted medical practices
When can peace officers transport a suspect for a field show up?
- suspect voluntarily consents
- probable cause to arrest suspect
- impractical to transport witness/victim
Constitutional Law
The rules and provisions which are found in federal and state constitutions, specifically the Bill of Rights.
Statutory Law
The laws which are enacted by a legislative body and recorded in the various state, county, or municipal codes.
Case Law
Laws which are based on previous appellate court decisions that have become binding on lower court decisions.
Differentiate between the letter of the law and the spirit of the law
Letter of the law means that the law is strictly applied in accordance with the literal meaning of the statute, leaving no room for interpretation.
Spirit of the law means that the law is applied in accordance with the intent of the legislature and not i
Differentiate between criminal and civil law
Criminal Law
- Definition: Violation of a criminal statute
- Violation Terminology: Crime
- Prosecutor: The State
- Purpose Punishment
Civil Law
- Definition: Noncriminal violations of the law
- Violation terminology: Tort
Breach of Contract
- Prosecutor
Recall the statutory definition of a crime
Penal code 15 - an act committed or omitted in violation of a law forbidding or commanding it, and to which is annexed, upon conviction, a penalty that provides the following punishments for the crime: death, imprisonment, fine, removal from officer, disq
Identify the basic elements common to all crimes
Penal code 20 - in every crime or public offense, there must exist a union, or joint operation of act and intent, or criminal negligence
Identify the basic elements required of an attempt to commit a crime
An attempt to commit a crime consists of intent to commit that crime and a direct, but ineffectual, act done toward its commission
General intent
Intent is presumed and does not have to be proven. Definition of a crime consists only of the description of a particular act, without reference to intent
Specific intent
An element of a crime that must be proven and cannot be presumed; the requirement of the specific intent element varies according to the definition of the crime
Transferred intent
When an unlawful act affects a person other than, or in addition to, the person it was intended to affect
Criminal Intent
A mental state or frame of mind that the person knowingly did the particular criminal act (break the law).
Criminal Negligence
A negligent act that is aggravated or reckless, and constitutes indifference to the consequences
Felony
A crime punishable by a fine and/or imprisonment in state prison, death or removal from officer
Misdemeanor
A crime punishable by a fine and/or imprisonment in a county jail
Wobbler
A crime that can be either a felony or a misdemeanor.
Principals to a crime
A principal to a crime is anyone who:
- directly committed the offense
- aided and abetted
- advised and encouraged
- counseled, advised, or encouraged children under the age of 14 years, or mentally incapacitated persons
- by fraud, contrivance, or forc
Accessories to a crime
An accessory is anyone who, after a felony has been committed, meets all the following requirements: (Penal Code Section 32)
- has knowledge that the principal has committed, has been charged with, or has been convicted of committing a felony
- harbors,
Accomplices to a crime
A principal to a crime becomes an accomplice when he or she testifies for the prosecution against another principal.
Accomplice testimony must be ""corroborated by such other evidence as shall tend to connect the defendant with the commission of the offe
Identify people legally incapable of committing a crime
Penal Code Section 26 identifies those individuals who are presumed not capable of forming the designated state of mind and committing a crime. They include:
- children under 14
- persons who are mentally incapacitated
- persons who committed the act or
Peace officer's responsibility in regards to the fourth amendment
The first part of the fourth amendment deals with the right of people to be free from unreasonable searches and seizures. The second part defines procedures officers must follow when obtaining a warrant. Peace offiers have a responsibility to protect the
Peace officer's responsibility in regards to the fifth amendment
Peace officers need to understand the relationship between a person's right against self incrimination and the Miranda decision. Peace officers have a responsibility to protect the fifth amendment rights of citizens as they pertain to double jeopardy, bei
Peace officer's responsibility in regards to the sixth amendment
The sixth amendment entitles a person to counsel once adversarial judicial proceedings have commenced. Adversarial judicial proceedings are considered to have commenced when the person is either indicted by a grand jury or makes his or her first court app
Peace officer's responsibility in regards to the fourteenth amendment
The fourteenth amendment requires peace officers to apply the law equally to all people regardless of race, creed, nationality, religious preference or national origin. Peace officers have a responsibility to protect the fourteenth amendment rights of all
recognize a peace officer's responsibility in relation to the protections included under federal civil rights
Peace officers have a responsibility and legal obligation to protect the Civil Rights of all people as those rights pertain to the Federal Civil Rights Statutes.
recognize a peace officer's responsibility in relation to the protections included under federal civil statutes
U.S. Code, Title 42, Section 1983, states that individuals acting under color of law who deprive someone of any legal right can be held civilly liable.
U.S. Code, Title 18, Section 241, makes it a federal crime for two or more persons to conspire to inju
recognize appropriate conduct during a consensual encounter
Peace officers must be vigilant when contacting the public to ensure their actions do not elevate a consensual encounter into a detntion. Appropriate actions peace officers can take during a consensual encounter are:
- requesting information i.e. identif
recognize conduct that may elevate a consensual encounter
- Using emergency lights
- Selecting a position or placing the patrol vehicle so as to prevent the person or car from leaving
- Issuing orders or commands
- Using accusatory questioning or tone of voice
- Conducting cursory/pat searches without legal jus
recognize the consequences of elevating a consensual encounter
Elevating a consensual encounter by improper behavior can have negative legal and professional repercussions. The peace officer could:
- violate the fourth amendment right against unreasonable searches and seizures, resulting in the supression of evidenc
differentiate between a detention and a consensual encounter
In a consensual encounter a person is free to leave. In a detention a person is not free to leave. Officers can have a consensual encounter with anyone at any time. Officers can only detain a person if they have reasonable suspicion that a crime is, has o
recognize reasonable suspicion
Reasonable suspicion is when a peace officer has enough facts and circumstances present to make it reasonable to suspect that criminal activity is occurring and the person detained is connected to that activity. Factors that contribute to establishing re
recognize appropriate peace officer actions during a detention
Peace officers can take certain investigative actions during a detention if they can be completed within a reasonably limited time.
- questioning the person. The person is not obligated to answer, and not answering is not PC for an arrest
- contacting ot
recognize the scope and conditions for warrantless searches and seizures during a detention
No searches are permitted during a detention unless peace officers reasonably suspect that the detained person may be carrying a concealed weapon or dangerous instrument. In this case, a cursory/pat search is allowed if the officer can articulate certain
recognize when there is probable cause to arrest
Probable cause for an arrest is a set of facts that would cause a person of ordinary care and prudnce to entertain an honest and strong belief that the person to be arrested is guilty of a crime. Probable cause is required before and arrest is made and is
identify elements of a lawful arrest
- an arrest may be made by a peace officer or private person
- the arrested person must be taken into custody, in a case and in the manner authorized by law
- an arrest may be made by actual restraint of the person, or by the person's submission to the o
differentiate between arrest and a detention
An arrest is the taking of a person into custody, in a case and in the manner authorized by law. Custody is the key word; it implies the person making the arrest has full control.
A detention or stop is an assertion of authority that would cause a reason
recognize information that must be given to an arrested person
Any person making an arrest must state their intent (you are under arrest), cause (why they are under arrest) and authority (I am the police)
recognize elements of a warrantless arrest for a misdemeanor
Officer's may make a warrantless arrest for a misdemeanor when not committed in their pressence when:
- committed by a juvenile
- DUI
- carrying a loaded firearm in a public place
- violating a domestic protective or restraining order
- assault or batter
recognize elements of a warrantless arrest for a felony
Peace officers may make a warrantless felony arrest whenever they have PC to believe the person to be arrested has:
- committed a felony in the officer's presence
- committed a felony, although not in the officer's presence
- committed a felony, regardle
recognize elements of a warrant arrest
In order to obtain an arrest warrant the officer must establish probable cause. This is usually done through a sworn statement (affidavit) filed as part of the formal complaint process
recognize the requirements for entry into a dwelling to make an arrest
Lawful access to private property is most commonly obtained when the officer:
- is given consent
- has exigent circumstances
- has lawfully entered the area for some other purpose (i.e. parole search)
- knock and notice is required with or without a warr
recognize the authority for a private person arrest and the peace officer's duty in response to a private person arrest
A private person may arrest an individual for any public offense committed in their presence. In addition, a private person may arrest an individual if a felony actually has been committed and the arresting person has probable cause to believe the indivi
recognize conditions under which the use of force or physical restraint is appropriate during an arrest
Peace officers may use reasonable and necessary force to make an arrest, prevent escape or overcome resistance.
recognize the statutory requirements for the disposition of an arrested person
- if the arrest is made pursuant to a warrant the arresting officer must proceed with the arestee as commanded in the warrant. For misdemeanors only, this may include cite and release.
- a person arrested for an infraction is normally cited and released,
recognize the exception(s) to the powers to arrest
A person arrested for a misdemeanor can be taken to jail instead of cite and release for the following reasons:
- intoxication level unsafe
- medical aexamination needed
- VC 40302 and 40303
- outstanding warrants
- can't provide identification
- prosecu
identify the purpose of the Miranda warning(s)
The purpose of miranda is so that no person shall be compelled in any criminal case to be a wtiness against himself
recognize when Miranda warnings must be given
Miranda warning must be given when the suspect is in custody/arrested and interrogation
identify the proper administration of Miranda warnings
You have the right to remain silent
Anything you say may be used against you in court
You have the right to an attorney before and during questioning
If you cannot afford an attorney, one will be appointed for you free of charge, before questioning, if y
recognize the impact of invoking:
- the right to remain silent
- the right to counsel
Once a person invokes the right to silence, miranda requires that all interrogation must cease. However, there are circumstances where reinitiation by the peace officer may produce an admissible statement. These circumstances include:
- a period of time
recognize the types of Miranda waivers
Types of waivers:
- expressed: answers yes/no verbally
- implied: acknowledges understanding with no verbal communication
- conditional: acknowledges understanding and moves forward with limitations
recognize the exception(s) to the Miranda rule
The only exception to miranda and it is known as the public safety or emergency rescue exception and it is based on exigent circumstances.
differentiate between an interview and interrogation
An interview is the process of gathering information from a person who has knowledge of the facts that an officer will need to conduct an investigation and is used to:
- determine if a crime has taken place
- identify and locate victims and witnesses
- i
identify the purpose of an interrogation
- obtain an admission or confession
- identify individuals involved in a crime
- establish a person's guilt
- corroborating the facts of a crime
- obtaining information that could lead to the recovery of evidence or property
differentiate between an admission and a confession
- confession involves acknowledging the commission of all of the elements of a crime
- admission involves acknowledging certain facts that tend to incriminate the individual, but fall short of a confession
identify the conditions in which a confession or admission may be inadmissible in a court
- arrest and statement was the result of an illegal search and seizure
- violation of Miranda
- statement was involuntary / coerced
discuss reasonable force as stated by law.
Reasonable force is force that can be use to effect an arrest, prevent escape and overcome resistance.
discuss the components of the Fourth Amendment standard for determining objective reasonableness, as determined by the U.S. Supreme Court.
- use of force must be judged from the perspective of a reasonable officer on the scene and not hindsight
- based on the facts and circumstances confronting the officer
- whether the suspect posed an immediate threat to the safety of the officers or othe
explain the legal framework establishing a peace officer's authority during a legal arrest, including:
- subject's requirement to submit to arrest without resistance
- peace officer's authority to use reasonable force during a detention or 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 regrain from using force or any weapon to resist such arrest PC 834a
An arrest is made
identify the circumstances set forth in the California Penal Code when a peace officer has the authority to use force.
Any officer who has reasonable cause to believe that the person to be arrested has committed a public offense may use reasonable force to effect an arrest, to prevent escape pr to overcome resistance PC 835a
discuss the level of authority agency policies have regarding the use of force by a peace officer.
Agencies are free to establish policies and procedures regarding the use of force by their employee that are more restrictive than those established in constitutional, statutory and case law.
define the term "force option.
Choices available to a peace officer in any given situation to overcome resistance to effect an arrest, to prevent escape, in the defense of self and others and to gain control of the situation.
identify that the objective of using force is to overcome resistance to gain control of an individual and the situation.
The objective of the use of force by peace officers in any situation is to ultimately gain or maintain control of an individual and therefore the situation.
recognize force options and the amount of force peace officers may use based on the subject's resistance.
Peace officers are required to use the type of force which is objectively reasonable under the totality of the circumstances, use only the amount of force objectively reasonable to overcome resistance and to gain or maintain control of a subject and confo
explain the importance of training and ongoing practice when responding to potentially dangerous situations that may require the use of force.
It has been established that peace officers, when required to respond in dangerous situations, will revert to the responses they learned in training. Officers' tactical performance may depend on how well and effectively they have trained and practiced req
discuss the importance of effective communication when using force.
Communication may enable a peace officer to gain cooperation and voluntary compliance in stressful situations. This is an important factor in gaining the respect and trust of the communities you serve. Communication involves both command presence and word
identify the legal standard for the use of deadly force.
Deadly force applied by a peace officer is force that creates a substantial risk of causing death or serious bodily injury
identify the factors required to establish sufficiency of fear for the use of deadly force.
An officer may use deadly force when it is objectively reasonable under the totality of the circumstances. Deadly force may be used in self defense or defense of others when the officer has a reasonable belief that the officer or another person is in immi
recognize facts an officer should consider when determining whether or not to use deadly force.
1. If the subject threaten the officer with a weapon or there is probable cause to believe that he has committed a crime involving the infliction of serious bodily injury or death
2. probable cause to believe that the subject poses a threat of death or se
discuss the role of agency policies regarding the use of deadly force.
Conditions under which deadly force may be used are strictly controlled by agency policy. Officers must conform to agency policy and federal and state law. Some issues regarding the use of deadly force addressed by agency policies include, but are not lim
recognize the law regarding justifiable homicide by a public officer and the circumstances under which the homicide is considered justifiable.
PC 196 Homicide is justifiable when committed by a publice officer and those acting by their command in their aid and assistance either in obedience to any judgement of a competent court, when necessarily committed in overcoming actual resistance to the e
describe why complete documentation of the use of force is critical to the peace officer and the peace officer's agency, to include:
- justification for using force
- relevant factors and detail
Officers must provide the justification for the type and force used in a written report or in a statement for a post incident investigator. Officers should include that they were acting in an official capacity, wearing an approved uniform that clearly ide
discuss factors that can affect a peace officer's response when threatened with danger, to include:
- fear
- reasonable
- unreasonable
- anger
- indecision and hesitation
- uncontrolled fear and anger tend to decrease the officers' ability to make sound judgement and decisions as well as increase hesitation, verbal abuse and unreasonable force.
- unreasonable fear includes overreactions to true potential threats as well as
give examples of acceptable techniques for managing anger
- don't internalize what people say or do
- identify anger inducing scenarios
- developing problem solving solutions
- recognizing the onset
describe the benefits of ongoing physical and mental training for peace officers involving the use of force
Helps develop confidence, promote a trained response and enhance mental alertness and concentration as well as develop emotional control. Training and practice in both physical and emotional skills provide the understanding and manipulative ability needed
explain the legal and administrative consequences associated with the use of unreasonable force
- subject to discipline or termination
- civil lawsuits
- civil rights violation
- community distrust
- criminal action
- moral impact
explain an agency's potential liability associated with the use of unreasonable force
Can discredit and result in loss of public support to an officer's agency and the law enforcement profession. State and federal law holds an agency responsible for the conduct of its officers while acting within the scope of their authority. The agency ca
explain the consequences of an officer's failure to intervene when unreasonable force is used by another peace officer
An officer may face criminal and/or civil liability as well as disciplinary action if they fail to intervence and prevent other officers from violating anyone's constitutional rights if they had reason to know and an opportunity to act.
discuss immediate and delayed intervention techniques.
Immediate intervention - verbal, physical, touch and restraint
Delayed intervention - discussion, admonishment and training
discuss factors that may inhibit a peace officer from intervening in a situation where a fellow officer may be applying unreasonable force
transfer of responsibility - somebody else will step in
rationalization - nobody else is doing anything to stop it
self doubt - what if I'm wrong
normalization - everyone else is doing it
fear - they are going to retaliate against me
Classification and crime elements required to arrest for theft
PC 484. The taking and carrying away of personal property of another without consent with intent to permanently deprive the owner. WOBBLER $950
Classification and crime elements required to arrest for vehicle theft
VC 10851. The driving or taking of a vehicle not the person's own without consent with intent to temporarily or permanently deprive the owner of title or possession of such vehicle. FELONY
Classification and crime elements required to arrest for defrauding an innkeeper
PC 537. The obtaining of food, services or accommodations at a designated facility without paying with intent to defraud the proprietor or manager. WOBBLER $950
Classification and crime elements required to arrest for burglary
PC 459. The entry to a building or specified structure with the intent to commit theft or any felony. FELONY
Classification and crime elements required to arrest for shoplifting
PC 459.5. The entry to a commercial establishment with the intent to commit larceny during regular business hours and the value of the property taken or intended to be does not exceed $950. MISDEMEANOR
Classification and crime elements required to arrest for possession of burglary tools
PC 466. The possession of certain tools knowingly making, altering or attempting to make a key or other instrument to fit or open the lock of a building without legal request with the intent to break or enter into any specified structure for the purpose o
Classification and crime elements required to arrest for possessing of or receiving personal property with altered serial numbers or identification marks
PC 537e. Any person who knowingly buys, sells, disposes of, conceals or has in possession any personal property from which the manufacturer's serial number or any other distinguishing number or identification mark has been removed, defaced, covered, alter
Classification and crime elements required to arrest for receiving stolen property
PC 496(a). Every person who knowingly buys, receives, conceals, sells, withholds or aids in concealing, selling or withholding, any property obtained by theft or extortion. WOBBLER $950
Classification and crime elements required to arrest for forgery
PC 470. The intent to defraud, make, utter, publish, pass, or attempt to pass an altered, forged, or counterfeit document or seal or signs an unauthorized or fictitious name.
Describe appropriate peace officer actions when taking a report of a burglary or similar property crime
When conducting a preliminary investigation, officers should approach quickly and safely. Make an initial assessment of the scene to verify a crime has taken place and the presence or absence of suspects. Secure the crime and survey it with owner/occupant
Classification and crime elements required to arrest for arson
PC 451. Willfully and maliciously sets fire to or burns or causes to be burned or aids, counsels or procures the burning of any structure, forestland or property. FELONY
Classification and crime elements required to arrest for unlawfully causing a fire
PC 452. Any person who recklessly sets fire to or burns or causes to be burned any structure, forestland or property. FELONY
Classification and crime elements required to arrest for possession of a flammable or combustible material
PC 453. Possession or manufacture or disposal of a flammable or combustible material or substance or any incendiary device in an arrangement or preparation with intent to willfully and maliciously use such material, substance or device to set fire to or b
Classification and crime elements required to arrest for unauthorized entry of property
PC 602.5. Any person, other than a public officer or employee acting within the course and scope of employment, who enters or remains in a noncommercial dwelling house, apartment or other such place without consent of the owner, owner's agent, or person i
Classification and crime elements required to arrest for trespassing (entering and occupying real property
PC 602(m). Any person who enters and occupies real property or structures of any kind without consent of the owner, the owner's agent or the person in lawful possession. MISDEMEANOR
Classification and crime elements required to arrest for trespassing (entering land)
PC 602(k). Any person who enters any land, whether unenclosed or enclosed by fence, for the purpose of injuring any property rights or with the intention of interfering with, obstructing or injuring any lawful business or occupation carried on by the owne
Classification and crime elements required to arrest for vandalism
PC 594. Malicious intent to deface with graffiti or other inscribed material or damage or destroy personal or real property not their own. WOBBLER $400 - FELONY 2 prior convictions and served jail time for 1 vandalism conviction.
Recognize what constitutes a lawful repossession
To complete repossession, the repossess or must have gained dominion and control of the goods. The buyer can object until the repossess or has control
Recognize what constitutes lawful conduct in a landlord / tenant dispute
Landlord can only enter the property if they have permission from the tenant or there is an emergency that requires immediate attention.
Cannot lockout a tenant, seize tenant's property, remove doors or windows, trespass or unlawfully interrupt utility se
Arson
PC 451. Willfully and maliciously setting fire to or burning or causing to be burned or aiding, counseling or procuring the burning of any structure, forestland or property is a felony
Bailee
A person having the storage, care, safekeeping, custody or possession of any vehicle subject to registration.
Burglary
PC 459. Entering any designated building or structure with the intent to commit theft or any other felony.
Buyer
The person who signs a conditional sales contract to purchase goods over a period of time.
Control
The ability to exercise a restraining or directing influence over something.
Dispose of
To give away, loan, offer, offer for sale, sell or transfer.
Forgery
PC 470. Defrauding by signing the name of another or of a fictitious person, without obvious authority or otherwise altering a document with the intent to defraud.
Forest land
Any brush covered land, cut over land. Forest, grassland or woods.
Grand theft
PC 487. Is a felony or misdemeanor depending on the value or type of the property stolen.
Incendiary device
A device that is constructed or designed to start an incendiary fire by remote, delayed or instant means.
Incendiary fire
A fire started by an incendiary device by remote, delayed or instinct means
Maliciously
A wish to vex, defraud, annoy or injure another person or an intent to do a wrongful act, established either by proof or presumption of law.
Occupation
A person exercises physical control over land where the land is possessed and enjoyed
Personal property
Any movable objects owned by an individual; all property other then real estate
Petty theft
PC 488. All theft that are not grand theft
Property
Includes money, labor, animals, crops or real or personal items
Real property
Land and immovable property, affixed to, or growing from that land
Recklessly
A reasonable person is aware of and consciously disregards a substantial and unjustifiable risk that his or her act will set fire to, burn or cause to burn a structure, forest or property
Repossession
The seller, or a full time employee of the seller, or a licenses repossess or, recovers or takes back with complete control goods that were sold on conditional sales contract when the buyer fails to pay for them
Repossessor
The seller, or a full time employee of the seller, who physically attempts to retrieve the goods
Seller
There person who retains the title for the goods being purchased over time until all the conditions of the sales contract have been met.
Shoplifting
PC 459.5. Entering a commercial establishment with intent to commit larceny while that establishment is open during regular business hours where the property taken or intended to be taken does not exceed $950
Specified structures
For the purposes of burglary, includes house, room, shop, tent, railroad car, inhabited camper, aircraft, mine, warehouse, etc.
Structure
Any building, commercial or public tent, bridge, tunnel, or power plant.
Theft
PC 484. The taking and carrying away of the personal property of another with the intent to permanently deprive the owner
Vandalism
PC 494. Maliciously damaging, destroying or defacing any real or personal property of another person
Vehicle
A device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks
Vehicle identification number (VIN)
Generally a 17 digit number that is unique to a vehicle and may be used to confirm specific ownership.
Classification and crime elements required to arrest for battery
PC 242. Willful and unlawful use of force or violence on the person of another. MISDEMEANOR
Classification and crime elements required to arrest for battery causing / inflicting serious bodily injury
PC 234(f)(4). Willful and unlawful use of force of violence on the person of another causing serious impairment or physical condition. FELONY
Classification and crime elements required to arrest for assault with a deadly weapon or by means of force
PC 245. Unlawful attempt, and the 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 injury. FELONY
Classification and crime elements required to arrest for elder or dependent adult abuse
PC 368. Any person who willfully causes or permits an elder or dependent adult to suffer or inflicts unjustifiable physical pain or mental suffering, willfully causes or permits the elder or dependent adult to be injured or endangered or violates any prov
Classification and crime elements required to arrest for kidnapping
PC 207(a). Unlawful taking of a person against his or her will by force or fear from one place to another. FELONY
Classification and crime elements required to arrest for false imprisonment
PC 236. Unlawful violation of the personal liberty of another.
MISDEMEANOR no violence, menace, fraud or deceit
FELONY with violence, menace, fraud or deceit
Classification and crime elements required to arrest for child abduction without custodial right
PC 278.5. Every person who entices away, keeps, withholds or conceals with intent to deprive the other person of his or her right to custody or visitation. FELONY
Classification and crime elements required to arrest for child abduction with custodial right
PC 278. Every person not having the right of custody, who maliciously takes, entices away, keeps, withholds or conceals any minor child with the intent to detain or conceal from a person having lawful custody. FELONY
Classification and crime elements required to arrest for robbery
PS 211. Taking of personal property of another from the person or immediate presence against the person's will accomplished by means of force or fear. FELONY
Classification and crime elements required to arrest for carjacking
PC 215. Taking of a motor vehicle from the person or immediate presence of a possessor or passenger by means of force or fear with the intent to either, permanently or temporarily deprive the possessor passenger. FELONY
Classification and crime elements required to arrest for murder
PC 187. Unlawful killing of a human being or fetus with malice aforethought. FELONY
Classification and crime elements required to arrest for manslaughter
PC 192. The unlawful killing of a human being without malice or upon a sudden quarrel or heat of passion. FELONY
Identify information that should be obtained and documented when conducting an investigation involving the death of a child
Child - Name, DOB, ethnicity, gender, nature and extent of known medical conditions or problems at the time of death, description of chronic illnesses or injuries which the child may have experienced recently, medications the child may have been taking,
Identify indicators that a child's death may be due to SIDS
Child was under the age of 1 year, appeared to have been healthy prior to the death, died during a period of sleep, had no visible signs of trauma or injury at the time of death.
Identify appropriate actions for responding officers interacting with parents or caregivers involved in a SIDS incident
Responding officers should reassure parents and care givers that there was nothing a parent, caregiver or even physician could have done to predict or prevent the child's death, SIDS is not contagious to other children and death occurs quickly and quietly
Assault with a deadly weapon or by means of force
PC 245. An assault upon the person of another with a deadly weapon or by any means of force likely to produce GBI.
Battery
PC 242. Any willful and unlawful use of force or violence upon the person of another.
Battery causing / inflicting serious bodily injury
PC 243(d). Battery that causes or inflicts a serious impairment of physical condition.
Caretaker
Any person who has the care, custody, control of or stands in a position of trust with an elder or dependent adult.
Carjacking
PC 215. The felonious taking of a motor vehicle in the possession of another, against his or her will and with the intent to either permanently or temporarily deprive the person in possession of the motor vehicle of his or her possession, accomplished by
Child
A person under the age of 18 years
Child abduction with custodial right
PC 278.5. A person who has a right to physical custody of or visitation with a child pursuant to an order, judgement, decree or by operation of law, within or without the state detains, conceals, takes or entices away that child with the intent to deprive
Child abduction without custodial right
PC 278. A person, not having a right of custody, restrains or withholds, with the intent to deprive the child from the person having lawful custody.
Court order or custody order
A custody determination decree, judgement or order issued by a court of competent jurisdiction, whether permanent or temporary, initial or modified, that affects the custody or visitation of a child, issued in the context of a custody proceeding.
Criminal homicide
An unlawful homicide i.e. murder or manslaughter
Custodial proceeding
A hearing in which a custody determination is an issue including, but not limited to, an action for dissolution or separation, dependency, guardianship, termination of parental rights, adoption, paternity or protection from domestic violence proceedings i
Deadly weapon
Any object capable of causing death or GBI from the manner in which it is used
Dependent adult
Any person who is between the ages of 18 and 64 who has physical or mental limitations which restrict their ability to carry out normal activities
Elder
Any person who is 65 years of age or older
Elder or dependent adult abuse
PC 368. The infliction of unjustifiable physical pain, mental suffering or theft or embezzlement from an elder or dependent adult
False imprisonment
PC 236. The unlawful violation of the personal liberty of another
Fear
The reasonable apprehension of danger to oneself or another. This means a reasonable person, under the same set of circumstances, would be in fear of life, fear of danger of injury or fear that personal property may be injured or damaged.
Felony murder rule
May be applied when any killing happens during the commission of certain felonies listed in penal code section 189, regardless of whether the killing was accidental or intentional
Force
The overcoming of resistance by the exertion of strength, weight, power, threat or duress
Good cause
A good faith that the taking, detaining, concealing or enticing away of the child is necessary to protect the child from immediate bodily injury or emotional harm
Great bodily injury
A significant or substantial physical injury
Homicide
Any killing of one human by another, regardless of the circumstances
Immediate presence
An area within which the victim could reasonably be expected to exercise some physical control over his or her property
Kidnapping
PC 207(a). A person forcibly, or by other means of instilling fear, takes another person to another place
Lawful custodian
A person , guardian or public agency having a right to custody of a child
Malice aforethought
The state of mind manifesting an intent to kill or conscious disregard of human life
Manner of death
The style of death, includes natural death, accidental death, homicide, suicide or undetermined
Manslaughter
PC 192. The unlawful killing of a human being without malice
Medical examiner / coroner
An appointed medical physician specializing in forensic pathology with the responsibility of investigating all sudden, unexplained, unnatural or suspicious deaths; duties include conducting autopsies and assisting in law enforcement investigations
Mode of death
The instrument or action that led to the physiological cause of death; determined during the criminal investigation
Murder
PC187. The unlawful killing of a human being or a fetus with malice aforethought
Operation of law
The natural parents have the equal right to custody of their children, in the absence of a court order.
Poison
Any substance introduced into the body by any means which by its chemical action is capable of causing death
Poisoning
The willful mingling of any harmful substance with any food, drink, medicine, or water supply with the intent to injure or cause the death of the person who consumes it
Present ability
Capability to accomplish the act of applying force
Right to custody
The right to the physical care, custody, and control of a child pursuant to a custody order or by operation of law
Robbery
PC 211. The felonious taking of personal property in the possession of another
Sudden Infant Death Syndrome (SIDS)
The sudden death of an infant which remains unexplained after a complete postmortem examination and autopsy, law enforcement investigation, and review of the child's medical history
Suicide
The act of intentionally causing one's own death
Unlawful
Without legal excuse or justification such as self-defense
Use of force or violence
In the context of battery, means any force or violence
Visitation
The time for access to the child allotted to any person by court order
Willful
Implies a purpose or willingness to commit the act
Classification and crime elements required to arrest for child harm, injury or endangerment
PC 273a. Any person willfully causing or permitting any child to suffer or inflicting unjustifiable physical pain or mental suffering or having the care or custody of any child and willfully causing or permitting that child to be placed in such a situati
Classification and crime elements required to arrest for corporal punishment or injury of child
PC 273d(a). Any person who willfully inflicts upon any child any cruel or inhuman, corporal punishment or an injury resulting in a traumatic condition. FELONY
Classification and crime elements required to arrest for lewd or lascivious acts with a child
PC 288. Any person willfully committing any lewd or lascivious act upon or with the body of a child, with the intent of arousing, appealing to or gratifying one's sexual desires or those of the child, when the child is under 14 or the child is 14 or 15 an
Classification and crime elements required to arrest for annoying or molesting children
PC 647.6. Any person annoying or molesting any child under the age of 18. WOBBLER
Classification and crime elements required to arrest for possession of child pornography
PC 311.11. Knowingly possesses or controls any matter showing a child under the age of 18 years engaging in or simulating sexual conduct. FELONY
Classification and crime elements required to arrest for unlawful sexual intercourse
PC 261.5. Sexual intercourse with a minor under the age of 18 who is not the spouse of the perpetrator. WOBBLER
MISDEMEANOR - three years or less in age difference
FELONY - greater than three years in age difference
Identify by category the professional occupations required to report suspected child abuse
Child care custodians, health practitioners, employees of child protective agencies, child visitation monitors, firefighters, clergy, animal control officers, humane society officers and commercial fil processors
Recognize the specific law enforcement reporting requirements
A report shall be prepared, written and sent to the child protective agency within 36 hours of the initial contact even if the child has died. In the interest of cross reporting, a county probation or welfare agency shall immediately, or as soon as practi
Recognize the required documentation when investigating crimes against children
Telephone report - name and age of child, name of the reporter, location of child, nature and extent of injuries, current condition of child, facts which lead to reasonable suspicion that abuse has occurred.
Written report - name and age of child, name o
Recognize a peace officer's responsibility for maintaining the confidentiality of the reporting party
PC 11167 ensures that the identity of the person reporting a suspected child abuse incident shall be confidential. Only the following will have access to the reporter's identity: child protective agency, counsel, district attorney, licensing agency when a
Recognize the legal basis for entry without a warrant to protect a minor
Without a warrant or valid consent, peace officers may enter the premises ONLY when there are exigent circumstances.
Recognize the exigent circumstances that could lead an officer to reasonably believe that there is an immediate threat to a minor
Exigent circumstances include: minor is presently endangered, imminent danger to a person's life or safety, serious damage to property, imminent escape of a suspect or evidence is about to be destroyed or removed.
Recall the statutory definition of child abuse
PC 11165.6. A physical injury which is inflicted by other than accidental means on a child by another person i.e. sexual abuse, neglect, willful cruelty or unjustifiable punishment, unlawful corporal injury or neglect or abuse in out-of-home care
Discuss physical and behavioral indicators of physical child abuse
Physical:
Unexplained injuries - bruises, welts, abrasions or lacerations. May appear as a pattern matching the shape of the object used.
Unexplained burns - caused by cigars, cigarettes or iron. Appear on surfaces such as soles of feet, palms or back of
Discuss physical and behavioral indicators of physical neglect of a child
Behavioral: depression, withdrawal, apathy, antisocial, destructive behavior, constant fatigue, exaggerated fearfulness, sleep/speech/eating/habit disorders, seeks excessive attention and/or affection, delayed emotional
Physical: hunger, malnutrition, po
Discuss physical and behavioral indicators of mental suffering
Behavioral: poor self-esteem, antisocial, depression, withdrawal, apathy, abnormally unresponsive or sad, constantly seeking out or pestering other adults for attention and affection, exaggerated fears, acting inappropriately adult or infantile, obvious
Discuss physical and behavioral indicators of sexual child abuse
Behavioral: age-inappropriate understanding of sexual behavior, inappropriate/unusual/aggressive sexual behavior, compulsive masturbation, excessive curiosity about sexual matters or genitalia, unusually seductive with classmates/teachers/adults, frighte
Annoy
To harass, disturb or irritate, especially by repeated acts
Annoying or molesting children
PC 647.6. To commit any act against a person under the age of 18 which would annoy any reasonable person and is motivated by abnormal or unnatural sexual interest. WOBBLER
Child
Any person under 18 years of age
Child abuse
PC 11165.6. A physical injury which is inflicted by other than accidental means on a child by a person; it also includes sexual abuse of a child and neglect.
Child care custodian
PC 11165.7. An employee who has direct contact and supervision of children including, but not limited to, those working in public and private schools, youth centers, youth recreation programs or organizations, child care facilities, foster homes, group ho
Child harm, injury or endangerment
PC 273a. An act in which a person willfully causes or permits a child to suffer, inflicts unjustifiable pain or mental suffering, or allows a child in his or her care or custody to be placed in a dangerous situation. WOBBLER
Child protective agency
A county welfare department, a county probation department or a police or sheriff's department; it does not include school district police or a security department
Controlling
Power or authority to manage, direct, superintend, restrict, regulate, govern, administer or oversee
Corporal injury
Injury to a person's body
Corporal punishment
Any kind of punishment inflicted on the body
Criminal negligence
Flagrant and reckless disregard for the safety of others or willful indifference to any injury that may occur
Cruel or inhuman punishment
Any punishment that is considered to be torture or barbaric, or any punishment that is so disproportionate that it shocks the moral sense of the community
Duress
A direct or implied threat of force, violence, danger, hardship or retribution sufficient to coerce a reasonable person of ordinary susceptibility to perform an act to which one would otherwise not have submitted.
Exigent circumstances
An emergency situation which requires swift action to prevent imminent danger to life or serious damage to property or to forestall the imminent escape of a suspect or destruction or evidence or property
Great bodily injury
Significant or substantial injury
Health practitioner
A physician, surgeon, psychiatrist, psychologist, dentist, resident, intern, podiatrist, chiropractor, licensed nurse, dental hygienist, optometrist, or any other person who is licensed under the Business and Professions Code Division 2
Lascivious act
Any act which has a tendency to excite lust
Lewd act
An act which is committed with a disregard of social constraints
Lewd or lascivious acts
Any act upon or with a child committed with the intent of arousing, appealing to, or gratifying sexual desire of the perpetrator or the child
Mandates
Required by law that certain professional occupations report suspected child abuse
Mental suffering
A child who is degraded enough, begins to adopt the self image that has been communicated to them by the abuser
Molest
To make annoying sexual advances
Menace
Any threat, declaration, or act which shows an intention to inflict injury upon another person
Pedophile
An individual who prefers sexual contact with children and whose sexual fantasies and exotic imagery focus on children
Permit
To allow a situation to happen
Corporal punishment or injury of a child
Any willful act of physical force that causes even minor corporal injury to a child
Physical neglect of a child
Negligent treatment or maltreatment of a child by another person
Possession
Having domain, control and knowledge of the object
Possession of child pornography
An act in which a person knowingly possesses or controls material showing a person under 18 years of age engaging in or simulating sexual conduct
Reasonable suspicion
PC 11166. It is objectively reasonable for a person to entertain a suspicion, based upon facts, that could cause a person in a like position, drawing, when appropriate, on his or her training and experience, to suspect Child abuse
Sexual child abuse
Sexual assault or sexual exploitation of a minor.
Sexual intercourse
Penial-vaginal penetration, however slight
Simulated
Giving the appearance of something
Spouse
An individual partner in marriage, i.e. husband or wife
Traumatic condition
A wound, external or internal injury, whether of a minor or serious nature, caused by physical force
Unlawful sexual intercourse
Sexual intercourse with a minor who is not married to the perpetrator
Upon or with the body of a child
Touching a child's body or clothing
What are the crime elements required to arrest for lewd conduct
Any person who solicits or engages in lewd conduct in a public place or a place open to public view PC 647(a) MISDEMEANOR
Lewd conduct means the touching or soliciting someone to touch the genitals, buttocks or the female breast with the intent to sexual
What are crime elements required to arrest for invasion of privacy
Looking through a hole or opening or otherwise viewed by means of any instrumentality into a private area with the intent to invade the privacy of people therein PC 647(j)(1) MISDEMEANOR
What are the crime elements required to arrest for prostitution
Any person who solicits, agrees to engage in, engages in any act of prostitution or some act is agreed to and done in the furtherance of prostitution PC 647(b) MISDEMEANOR
The crime of prostitution occurs when a person solicits another person or agrees t
What are the crime elements required to arrest for loitering about a public toilet
Loitering in or about any toilet facility open to the public for the purpose of soliciting or engaging in a lewd or lascivious or unlawful act PC 647(d) MISDEMEANOR
What are the crime elements required to arrest for public intoxication
Any person in a public place under the influence of alcohol or drugs and who is unable to care for his or her own safety or the safety of others or is obstructing a public way PC 647(f) MISDEMEANOR
What are the crime elements required to arrest for disturbing the peace
Fighting - unlawfully fighting or challenging to fight in a public place PC 415(1)
Loud noises - willfully and maliciously disturbing another person by loud and unreasonable noise PC 415(2)
Offensive words - using offensive words in a public place which
What are the crime elements required to arrest for obstructing of a public way
Any person who willfully and maliciously obstructs the free movement of any person on any street, sidewalk or public way and forces people to go out of their way PC 647c MISDEMEANOR
What are the crime elements required to arrest for prowling
Any person who loiters or wanders on private property of another at ay time without visible or lawful business with the owner or occupant PC 647(h) MISDEMEANOR
Loiter means to delay or linger without a lawful purpose for being on the property and for the
What are the crime elements required to arrest for peeping
Loitering, prowling or wandering on the private property of another, at any time, peeking in the door or window of any inhabited building or structure without visible or lawful business with the owner or occupant PC 647(i) MISDEMEANOR
PC 182
Conspiracy FELONY
PC 330
Illegal gambling MISDEMEANOR
PC 409.5
Unauthorized entry into an emergency area MISDEMEANOR
PC 415
Disturbing the peace: fighting, loud noise or offensive language MISDEMEANOR
PC 647(a)
Lewd conduct MISDEMEANOR
PC 647(b)
Prostitution MISDEMEANOR
PC 647(c)
Obstruction of a public way MISDEMEANOR
PC 647(f)
Public intoxication MISDEMEANOR
PC 647(h)
Prowling MISDEMEANOR
PC 647(i)
Peeping MISDEMEANOR
PC 647(j)1
Invasion of privacy MISDEMEANOR
Disturbing the peace
A person's activity causes unlawful fighting, making loud or unreasonable noises or using offensive language
Invasion of privacy
A person looks through a hole or opening with or without the aid of some instrument into the interior of a bathroom or the interior of any other area in which the occupant has a reasonable expectation of privacy
Lewd Conduct
Touching or soliciting someone to touch the genitals, buttocks or the female breast with intent to sexually arouse, gratify, annoy or offend, while in a public place or in public view
Loiter
To delay or linger without a lawful purpose for being on the property and for the purpose of committing a crime as opportunity may be discovered
Loitering about a public toilet
Lingering in or about any toilet open to the public for the purpose of engaging in or soliciting any lewd, lascivious or any unlawful act
Making loud and unreasonable noise
A person maliciously and willfully disturbs another person by load and unreasonable noice
Obstruction of a public way
A person willfully and maliciously obstructs the free movement of another person on any street, sidewalk or other public place
Peeping
A person, when loitering, prowling or wander upon private property, peeks in the door or window of any inhabited building
Prostitution
A person solicits another person or agrees to engage in any lewd act for money or other consideration
Prowling
A person loiters, prowls or wanders upon the private property of another, at any time, without visible or lawful business with the owner or occupant with the intent to commit a crime
Public intoxication
A person is found in any public place under the influence of intoxicating liquor, any drug, controlled substance or toluene to the extent that he or she cannot care for his or her own safety or the safety of others, or he or she is obstructing any street,
Public place
Any area that is accessible to the general public such as a park, street, building open to the public, movie theatre, department stores or public offices
Public view
An area that can be seen by others
Solicit
To seek to induce or try to obtain
Unlawful fighting
A person unlawfully fights in a public place or challenges another person in a public place to fight
Using offensice words
A person uses offensice words in a public place which are inherently likely to provoke an immediate violent reaction
PC 266h
Pimping FELONY
PC 266i
Pandering - obtaining another person to be a prostitute FELONY
PC 647f
Prostitution with a prior conviction and prior positive AIDS test FELONY
PC 653.22(a)
Loitering with the intent to commit prostitution MISDEMEANOR
Classification and crime elements required to arrest for intimidating witnesses or victims
PC 136.1(a). Any person who knowingly and maliciously prevents or dissuades any witness or victim from attending or giving testimony at any trial, proceeding or inquiry authorized by law OR
any person who knowingly and maliciously attempts to prevent or
Classification and crime elements required to arrest for threats of retaliation
PC 140(a). Every person who willfully uses force or threatens to use force or violence upon the person of a witness to, or a victim of a crime or any other person, or take, damage or destroy any property of any witness, victim or any other person, because
Classification and crime elements required to arrest for violating a court order
PC 166(a)(4). Any person willfully disobeying the written terms of any process or court order, or out-of-state court order lawfully issued by any court. MISDEMEANOR
Classification and crime elements required to arrest for resisting, delaying or obstructing a public officer, peace officer or emergency medical technician
PC 148(a)(1). Every person who willfully resists, delays or obstructs any public officer, peace officer or emergency technician in the discharge or the attempt to discharge any duty of that officer's office or employment. MISDEMEANOR
Classification and crime elements required to arrest for obstructing or resisting an executive officer by use of threats or force
PC 69. Every person who attempts by means of threat or violence to deter or prevent any executive officer from the performance of that officer's duties or knowingly resists any executive officer by the use of force or violence in the performance of that o
Classification and crime elements required to arrest for threatening a public officer
PC 71. Every person who, with intent to cause, attempts to cause or causes any public officer, employee or officer or employee of any pubic or private educational institution to do or refrain from doing any act in the performance of their duties by means
Classification and crime elements required to arrest for disarming an officer
PC 148(C). Every person who during the commission of any offense described in PC 148(a)(1) removes or takes a firearm from the person or from the immediate presence of a public officer or peace officer. FELONY
Classification and crime elements required to arrest for removing any weapon, other than a firearm, from and officer
PC 148(b). Every person who during the commission of any offense described in PC 148(a) removes or takes any weapon other than a firearm from the person of or in the immediate presence of a public officer or peace officer while that officer is engaged in
Classification and crime elements required to arrest for attempting to remove a firearm from a public officer
PC 148(d). One or more of the following must occur. The officer's holster strap was unfastened by the defendant. The firearm was partially removed from the officer's holster by the defendant. The firearm safety was released by the defendant. An independen
Classification and crime elements required to arrest for attempting to escape or escaping from the custody of a peace officer
PC 836.6(b). Any person who has been remanded by a magistrate or judge to the custody of a sheriff, marshal or other police agency and thereafter escapes or attempts to escape from that custody or any person who has been lawfully arrested by a peace offi
Classification and crime elements required to arrest for attempting to escape or escaping from a prison or other place of confinement with force or violence
PC 4530(a). Every prisoner confined in a state prison who by force or violence escapes or attempts to escape and every prisoner committed to a state prison who by force or violence escapes or attempts to escape while being conveyed to or from such prison
Classification and crime elements required to arrest for attempting to escape or escaping from a prison or other place of confinement with force or violence
PC 4530(b). Every prisoner who commits an escape or attempts an escape as described in subdivision (a) without force or violence. FELONY
Classification and crime elements required to arrest for attempting to escape or escaping from a county or city jail
PC 4532. Every prisoner who has been arrested and booked for, charged with or convicted of a misdemeanor or committed as an inebriate under WI 5654, 5656 or 5677 and is confined to any county or city jail, prison or industrial farm, or is authorized for t
Classification and crime elements required to arrest for attempting to rescue or rescuing
PC 4550. Every person who rescues or attempts to rescue or aids another in rescuing or attempting to rescue any prisoner from any prison, road camp, jail or officer or person having that prisoner in lawful custody. FELONY
Classification and crime elements required to arrest for providing a false identity to a peace officer
PC 148.9. Falsely representing or identifies oneself as another person (real or fictitious) to a peace officer upon a lawful detention or arrest to evade the process of the court or proper identification of that person by an investigation of that person b
Classification and crime elements required to arrest for falsely reporting a criminal offense
PC 148.5. Every person who reports to any peace officer, district attorney or deputy district attorney that a felony or misdemeanor has been committed knowing that the report is false. MISDEMEANOR
Classification and crime elements required to arrest for falsely reporting an emergency
PC 148.3(a). Any individual who reports or causes any report to be made to any city, county, city and county or state departments, district, agency, division, commission or board, that an emergency exists, knowing that the report is false. MISDEMEANOR
PC
Classification and crime elements required to arrest for falsely reporting a destructive device
PC 148.1(a). Any person who reports to specified personnel that a bomb or other explosive has been, or will be placed or hidden in any public or private place knowing that the report is false. FELONY
Classification and crime elements required to arrest for unlawful assembly
PC 407. Two or more persons assembling together to do an unlawful act or a lawful act in a violent, boisterous or tumultuous manner. MISDEMEANOR
Classification and crime elements required to arrest for refusal to disperse
PC 416(a). Two or more persons assembling for the purpose of disturbing the peace or committing any unlawful act and not dispersing on being desired or commanded to do so by a public officer. MISDEMEANOR
Boisterous or tumultuous manner
When communication becomes noise at a level that disrupts the public peace
Emergency
Any condition which results in, or could result in, the response of a public official in an authorized emergency vehicle or any condition that jeopardizes public safety and results in evacuation
Executive officer
Any people charged with the responsibility of enforcing the law. This includes peace officers, district attorneys, city attorneys, city mayors and police commissioners
Malice
An intent to vex, annoy, harm or injure in any way another person
Peace officer
Any sheriff, undersheriff or deputy employed in that capacity of a county. Any chief of police, employed in that capacity, of a city, or any police officer, employed in that capacity and appointed by the chief of police or the chief executive of the agenc
Place of confinement
A prison, jail, industrial farm, road camp or juvenile camp, ranch or farm
Public officers
Individuals employed by a governmental agency with certain specified law enforcement powers
Riot
PC 404. Two or more people gathers together unlawfully who disturb the peace or reasonably threaten to disturb the peace by means of force or violence
Unlawful assembly
PC 407. Two or more people assembled together to do an unlawful act or a lawful act in a boisterous or tumultuous manner
Victim
Any person against whom there is a reason to believe that any crime is being or has been perpetrated or attempted to be perpetrated
Violent manner
When acts involve criminal violence or tend to incite others to criminal violence
Willfully
Acting with a purpose to commit or omit and act
Witness
Any person with knowledge of existence or nonexistence of facts relating to a crime