CPOLS Flashcards by Eulogio Ceja

“The law” comes from three primary sources:

a. Statues, case law, and attorney general decision
b. The United States and California Constitutions, statutes, and case law
c. The California Constitution, Ex Party, proceedings and the state adjudications
d. Case files, common law, and default judgements

b. The United States and California Constitutions, statues, and case law

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What is the fourth amendment?

a. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assembled and to petition the government for a redress of grievances.
b. After one tear from the ratification of this article the manufacture, sale or transportation of intoxication liquors within, the improtiaon thereof into or the jurisdiction thereof for beverage purposes I herby prohibited
c. The right of the people to be secure their persons, houses, papers, and effects against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to searched, and the persons or things to be seized.

C. The right of the people to be secure their persons, houses, papers, and effects against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to searched, and the persons or things to be seized.

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It is ______ for a peace officer to physically enter into an area where a person has “reasonable expectation of privacy” in order to conduct a search or for the purpose of seizing something unless:

you have a warrant; or
an emergency or exigent circumstances exist; or
you have obtained a valid consent

a.____________-

Unlawful/illegal

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The lawfulness of an entry is always a separate inquiry. An entry into a protected area without a warrant, search conditions, exigent circumstances, or consent will be invalid:

regardless of how much probable cause you have; and
despite the fact that you see incriminating evidence inside the protected area from a place outside where you have the right to be.

a. true
b. false

a. True

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Explain the concept of “curtilage”

Curtilage is the real property “so intimately tied to the home” that it is placed within “the home’s ‘umbrella’ of Fourth Amendment protection.”

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True/False

Only an actual structure can qualify as a “home”. Temporary domiciles such as a boat or tent do not meet legal standard to qualify as a “home”.

False

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Officers, who had probable cause but no warrant to arrest McCollister, saw him standing in his open garage, which was attached to his home. McCollister had just arrived home form work and was dressed in a fuchsia polo shirt. Officers walked into the garage through its open door and took McCollister int custody. Was this legal?

a. yes
b. No

B. No

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True / False

You may not normally enter the back yard to search or seize without a warrant, consent or exigent circumstances

True

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True/False

Apartment dwellers have a reasonable expectation of privacy in the shared back yard of a multi-unit complex

False - they do not have

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True/False

The general rule relating to the expectation of privacy created by the reaction of walls and fence is that if, while standing in a lawful place, you can see over or through the fence or wall without extraordinary effort or without getting very close and peeking, the viewing will normally not be considered a search, ie, the person does not a have a reasonable expectation of privacy in the area viewed.

true

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Explain the concept of “open fields”

Areas beyond the curtilage are “open fields.” “Open fields” do not have to be either “open” or real “fields” to qualify. “Open fields” are areas of land so open to public view that the owner or possessor is deemed to have “implicitly invited” the police to observe his contraband.

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True or False? You may seize any object that is in plain view, as long as:
- you have a lawful right to be in the place from which you are viewing the object;
- the incriminating character of the object is immediately apparent, i.e., you have probable cause to believe it is crime related; and
- you have a lawful right of access to the location of the object.
a. True
b. False

a. True

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True or False? (Residential searches) Because you see an object in plain view–including contraband– you may legally enter without a warrant to seize it. You will not need consent or exigent circumstances.

a. True
b. False

b. False (Simply because you see an object in plain view–even contraband–does not automatically mean that you may legally enter without a warrant to seize it. You will need consent or exigent circumstances.) CPOLS Chapter 3 – III – Plain view

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True or False? Warrantless entries by police into a residence are presumed illegal unless justified by consent or exigent circumstances. “Exigent circumstances” include an emergency requiring swift action to prevent:
• Imminent danger to live or welfare (including yours); or
• Serious damage to property; or
• Imminent escape of a suspect; or
• The destruction of evidence.

a. True
b. False

a. True

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True or False? Exigent circumstances do not include the need to enter or search a residence to render emergency aid.
a. True
b. False

b. False (includes the need…)

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A “protective sweep” is a thorough search of those places where a person who poses a danger to you or others might be hiding and any evidence of a crime they committed may be located.
a. True
b. False

b. False (A “protective sweep” is a limited, quick, visual inspection of those places where a person who poses a danger to you or others might be hiding.) CPOLS Chapter IV – A – 1. Protective Sweep

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True or False? Knock and Notice Requirements for both arrests and searches. Even though the statutes governing “knock and notice” for arrests and search warrants are not identical, they are treated as “functional equivalents” and are governed by the same policy considerations for most purposes. Basically, they require you to convey to the occupant who you are and what your purpose is. Specifically, before you enter (not while you enter) you must:
• knock (or do something else that will alert the people inside to your presence);
• identify yourself as a police officer;
• explain your purpose;
• demand entry and then wait a reasonable period before entering.
a. True
b. False

a. True

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True or False? When a person is lawfully arrested in a home or other building, a limited right exists to conduct a warrantless search not only of his person, but also of the area within his “immediate control” (“arm’s length,” “lunging distance”).
a. True
b. False

a. True

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A detention is valid if you have “reasonable suspicion” that: (1) something relating to criminal activity has just happened (or is happening, or is about to happen); and (2) the vehicle or the person in the vehicle you are about to detain is connected with that activity.

a. True
b. False

a. True

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Scenario. At 1:43 a.m., CHP dispatch reported a possibly intoxicated driver “weaving all over the roadway” in a ’80s model blue van traveling northbound on Highway 99. An officer who was less than four miles from where the van was seen positioned himself on the shoulder of Highway 99 to intercept the van. He stopped the van two to three minutes later. He did not observe any weaving, speeding, or other violation of traffic laws before initiating the stop. Was this stop legal?
a. Yes
b. No

why?

a. Yes

The anonymous tip of a possible intoxicated driver “weaving all over the roadway” combined with the officer’s spotting the described vehicle at the expected time and place provided reasonable suspicion to justify an immediate stop to protect the driver and other motorists. CPOLS Chapter 4 – II – 3 – Anonymous Tips/9-1-1 Calls

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Scenario: Officers discovered that an orange and black motorcycle that was involved in separate traffic infractions likely was stolen and was being kept at Collins’ girlfriend’s house based on a photo he posted on Facebook. One of the investigating officers located the address and saw what appeared to be a motorcycle under a tarp at the top of the driveway enclosure abutting the house. The officer walked onto the property, lifted the tarp, and obtained the license and VIN numbers to confirm that the motorcycle was stolen. Was this legal?
a. Yes
b. No
Why?

b. No

The search could not be based on the automobile exception. That exception does not give “an officer the right to enter a home or its curtilage to access a vehicle without a warrant.”

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True or False? It is unlawful to run a random license plate check on a vehicle you see in a public place (or a place you have a right to be), because you have no reasonable suspicion of criminal activity. There is an expectation of privacy in a license plate on the exterior of a car being driven in public.
a. True
b. False

b. False (It is lawful to run a random license plate check on a vehicle you see in a public place (or a place you have a right to be), even if you have no reasonable suspicion of criminal activity. This is because there is no expectation of privacy in a license plate on the exterior of a car being driven in public.) CPOLS Chapter 4 – V – C – Random license plate checks/Name checks.

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All arrestees have the right to _____ completed phone calls immediately upon being booked and, unless impossible, within _____ hours after being arrested.
a. 2, 3
b. 3, 3
c. 2, 2

b. 3, 3

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True or False? In the search warrant context, “probable cause” means enough credible information to reasonably provide a “fair probability” that the object you seek will be found at the place you want to search.
a. True
b. False

a. True

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25. True or False? The general rule when detaining a suspect pending a field show up is that the suspect should be brought to the witness. The witness is assisting with a law enforcement investigation and should not be inconvenienced. a. True b. False

b. False (The courts require that you inconvenience the suspect as little as possible in making this arrangement. As a general rule, this means the witness should be brought to the suspect; do not take the suspect to the witness if there is any reasonable alternative.) 3 exceptions – probable cause to arrest suspect, consent, impracticability.

26. All juveniles fall under the jurisdiction of the juvenile court system. However, juveniles under the age of ____ are presumed incapable of criminal intent and the prosecution bears the burden of proving that a juvenile under age ____ knew the wrongfulness of his act. The standard of proof is "clear proof," which means that the People must prove by "clear and convincing evidence that the minor appreciated the wrongfulness of the charged conduct at the time it was committed." a. 13 b. 14 c. 15 d. 16

b. 14

27. From age ____ through _____, minors are considered responsible for their actions and are normally subject to the jurisdiction of the juvenile court. However, under some circumstances, minors _____ years and older are presumed unfit for juvenile court; and for the long list of serious offenses appearing in Welfare and Institutions Code section 707, subdivision (b), minors as young as _____ can be found unfit for treatment under the juvenile court law and therefore transferred to adult court jurisdiction.

14 through 17 16 14

a. For suspected DUI offenses, you are allowed to take the minor to a "detention facility or jail" for the purpose of "administering an evaluation, test, or chemical test" if (1) there is no equipment for administering the test at a juvenile facility within a reasonable distance, (2) the minor is not locked in a cell or room, (3) the minor is under the continuous, personal supervision of a peace officer or employee of the detention facility or jail and does not come into contact with in-custody adults, and (4) the evaluation or test is performed as quickly as possible and the minor is removed from the facility afterwards as quickly as possible so that the minor under no circumstances remains at the facility more than two hours. i. True ii. False

i. True

1. True or False? Within an hour after being taken to a place of confinement (e.g., juvenile hall), juveniles must be advised that they may call (1) a parent, guardian, other relative, or employer and (2) an attorney, and they must be allowed to do so. a. True (Welf. & Inst. Code, § 627) b. False

i. True (Welf. & Inst. Code, § 627)

30. Welfare and Institutions Code section 625 requires you to give four advisements to any minor who is in "temporary custody" even if you are not about to interrogate him

1] that anything he says can be used against him and shall advise him of his constitutional rights, including • [2] his right to remain silent, • [3] his right to have counsel present during any interrogation, and • [4] his right to have counsel appointed if he is unable to afford counsel.

31. True or False? Although a parent or guardian may request counsel for the minor in certain circumstances, a parent may not invoke a minor's Miranda rights because those rights are personal to the minor and may not be vicariously invoked by any other person, even an attorney. a. True b. False

a. True

True or False? All juvenile murder suspects must be video-recorded when custodial interrogation occurs in a "fixed place of detention. a. True b. False

a. True

33. Scenario: A 15-year-old killed her baby after secretly giving birth in her home. Officers obtained her written consent to search her cell phone while she was still in the hospital and before charges were filed. The consent form broadly permitted any investigation of her phone that could result in potential evidence and advised her that she could refuse to consent. She signed the form and provided her passcode. Was her consent valid? a. Yes b. No

a. Yes

34. Welfare and Institutions Code section 627 requires that when a juvenile is going to be held in custody under section 601 or 602, the arresting officer _____ notify the juvenile's parents or guardian immediately. Within an hour after being taken to a place of confinement (e.g., juvenile hall), juveniles must be advised that they may call (1) a parent, guardian, other relative, or employer and (2) an attorney, and they must be allowed to do so. a. Should b. Shall c. May d. Must

b. Shall

35. It is an _______ for a person under the age of 18 to possess not more than 28.5 grams of marijuana or not more than 4 grams of concentrated cannabis on school grounds when school is open for classes or school-related functions. The same conduct is a _____ for persons over the age of 18.

Infraction | Misdemeanor

36. True or False? It is unlawful to smoke a pipe, cigar, or cigarette in a motor vehicle, whether in motion or at rest, if a minor is present. Note that an officer may stop a vehicle for the sole purpose of determining if the driver is in violation of Health and Safety Code section 118948. a. True b. False (May not)

b. False (May not)

37. It is unlawful to leave a child under _____ years unaccompanied in a car when there are conditions that present a significant risk to the child's health or safety or if the engine is running or the keys are in the ignition. Note that after a reasonable effort to locate the responsible party, peace officers and Good Samaritans may remove a child under ____years old from a car if the child's safety appears to be in immediate danger (because of weather, ventilation, or other circumstances). a. 5 b. 6 c. 8 d. 10

b. 6

38. A driver under the age of ____ years is prohibited from using any mobile service device or wireless telephone while driving, even if the phone is equipped with a hands-free device. a. 17 b. 18 (Vehicle Code § 23124) c. 20 d. 21

b. 18 (Vehicle Code § 23124)

39. Any person who is unconscious, or otherwise in a condition rendering her incapable of refusal, is deemed to have withdrawn her consent, and a test or tests may not be administered whether or not the person is told that her failure to submit to, or the noncompletion of, the test or tests will result in the suspension or revocation of her driving privileges. Any person who is dead is deemed not to have withdrawn his consent, and a test or tests may be administered at the direction of a peace officer. a. True b. False (deemed not to have withdrawn, tests may be administered)

b. False (deemed not to have withdrawn, tests may be administered)

40. True or False? You ask the driver to take a breath or blood test, and the driver selects breath. She attempts but is unable to complete the breath test. You should now admonish her and inform her that the breath test is unavailable and a blood test must be completed. a. True b. False

a. True

41. True or False? When the driver remains silent after being asked whether he will submit to a test, his silence constitutes a "refusal." a. True b. False

a. True

It is a _______to fail to install an ignition interlock device within 30 days following notification by DMV. a. Infraction b. Misdemeanor c. Wobbler d. Felony

b. Misdemeanor

43. What are the Department’s Organizational Values? a. Respect, Equity, Impartiality, Ethical practices b. Respect for others, Fairness, Ethical practices, Equitable treatment for all c. Esteem, Honor, Integrity, Equitable treatment for all d. Equal opportunities, Impartiality, Fairness, Justice for all

b. Respect for others, Fairness, Ethical practices, Equitable treatment for all

44. What does CHP PRIDE stand for?

``` Courage Honesty Professionalism Principles Respect Integrity Dedication Esprit de Corps ```

45. How many primary goals are in the Strategic Plan?

b. 4

46. What are the Department’s primary strategic goals?

* Protect life and property * Enhance public trust through superior service * Invest in our people * Anticipate public safety and law enforcement trends . and provide assistance to allied agencies

1. At what age can a minor be emancipated and receive a declaration of emancipation from the superior court? A. 10 B. 12 C. 14 D. 16

C. 14

2. As a mandatory report of child abuse, a peace officer observes a child being abused at the grocery store and knows he must report the abuse. How soon does he have to report the activity? A. Within 1 hour B. Within 2 hours C. During the act D. Immediately or as practically as possible

D. Immediately or as practically as possible

3. At what age are juveniles considered responsible for their actions? A. 10-12 years B. 10-17 years C. 12-16 years D. 14-17 years

D. 14-17 years

4. Officers investigating a hit and run collision arrive at the home of a juvenile suspect. Officers are greeted by the juvenile’s parent and they ask permission to search the room of the juvenile. Parents are allowed to give consent to search the room. A. True B. False

A. True

5. After taking a juvenile into custody for DUI, how many completed phone calls are you required to allow the juvenile to make? A. 1 B. 2 C. 3 D. 4

C. 3

6. In the above situation, what is the maximum time frame allowed before you shall allow the juvenile to make a phone call? A. 1 hour B. 2 hours C. 3 hours D. 1 hour from time of first contact

A. 1 hour

7. While attempting to get a chemical test at the County Jail, what situations must you avoid when you are dealing with a juvenile in-custody? A. Miranda Rights read, 1 phone call, no talking to adult inmates B. 3 phone calls, no contact with adult inmates, not detained in cell C. Miranda Rights read, no contact with adult inmates, not handcuffed D. Miranda Rights read, 3 phone calls, must be in single cell in view of adult inmates

B. 3 phone calls, no contact with adult inmates, not detained in cell

8. Once emancipated, juveniles may now buy and drink alcohol, vote, or consent to sex. A. True B. False

B. False

9. A truant as defined is “Any pupil who is absent from school without a valid excuse more than _____ days or tardy in excess of ___ minutes on each of more than three days in one school year is a truant. A. 2 and 30 B. 1 and 30 C. 3 and 30 D. 4 and 30

C. 3 and 30

If a juvenile is taken into temporary custody, he is required to be read his Miranda Rights immediately? A. True B. False

A. True

1. “California Values Act” - SB 54, prohibits CA law enforcement agencies from using department moneys or personnel to investigate, interrogate, detain, detect, or arrest persons for ________________. a. human trafficking crimes b. drug related crimes while enrolled in a drug treatment program c. immigration enforcement purposes d. CHP employees may arrest for all crimes

c. immigration enforcement purposes

2. If the primary purpose of a checkpoint is general crime control, designed to discover criminal activity by the occupant of a detained vehicle, the checkpoint will be ___________. a. legal b. illegal c. legal only if the driver is cited d. none of the above

b. illegal

3. The driver of a vehicle that was stopped for traveling 85 mph in a 65 mph zone, cited, and has been detained for 90 minutes while waiting for a police K-9 to respond to the stop and “sniff” the vehicle. After a positive alert, six kilograms of methamphetamines were located in the truck of the vehicle. The drug seized would be ___________________. a. subject to suppression b. deferred to the DEA c. booked into evidence d. none of the above

4. A 26-year-old male was stopped for suspected DUI, but after an evaluation was determined to only be a .03% and not arrested. While talking with the male the officer was told by the male that he is currently on formal searchable probation for drug possession. The officer conducts a search of the vehicle and finds a stolen pistol under the driver’s seat wrapped in an old towel. After a check through dispatch, it is determined that the male is in fact not on probation. As a result of this search, the pistol would be __________. a. inadmissible, due to the fact that the male was not on probation. b. admissible, due to the male’s statement c. suppressed, due to the fact that the male was not DUI. d. none of the above

b. admissible, due to the male’s statement

5. An officer arrests a female for DUI. It is determined that the female is on searchable probation. After booking the female into jail the officer conducts a search of the female’s residence and locates a stolen vehicle within the garage. As a result of the search the vehicle would be _____________. a. suppressed, due to the fact that the female was in custody within a jail at the time of search. b. suppressed, due to the fact that the female was DUI and not arrested for a stolen vehicle. c. chargeable, due to the fact that the female had not yet had her probation revoked. d. none of the above

c. chargeable, due to the fact that the female had not yet had her probation revoked.

6. Officer may conduct a protective sweep of the entire residence including a non-probationer’s quarters. a. Only if there is evidence of a crime within the non-probationers quarters b. Never c. Only during evening hours. d. None of the above.

d. None of the above.

7. A drug store employee places a GPS tracker in a bag containing money. The bag is stolen. The police monitor the location of the GPS tracker and make warrantless entry into a hotel room where the GPS tracker is located. The entry into the hotel room was? a. lawful b. requires a warrant c. unlawful, because it requires permission of the innkeeper d. none of the above

a. lawful

8. A wife of a prison inmate drives to a prison parking lot. Her car is searched upon entry into the parking lot and no contraband was found. The search was? a. unlawful b. lawful, but only after obtaining a search warrant c. lawful d. none of the above

c. lawful

9. All arrestees have the right to ________ completed phone calls immediately upon being booked and, unless impossible, within ___________ hours after being arrested. a. 2, 4 b. 3, 3 c. 1, 3 d. 1, 4

b. 3, 3

10. Under California case law, a peace officer __________ contact a party’s probation officer before conducting a search. a. May b. Should c. Shall d. Is not required to

d. Is not required to

1. What amendment to the U.S. Constitution deals directly with “unreasonable” search and seizure?

4th Amendment

2. The fourth amendment is not violated unless a legitimate ______ __ _______ is infringed.

Expectation of Privacy

3. A “consensual encounter” is a contact between an officer and an individual that is strictly - ______________.

Voluntary

4. True or False. You need an objective reason or justification for initiating a consensual contact.

False

5. True or False. Positioning your patrol car to the rear of a parked vehicle blocking it’s only departure route constitutes a detention.

True

6. In order for a detention to be lawful you must have ____ _____ justifying your suspicion.

Specific Facts

7. True or False. A detention may be justified based on officer safety?

True

8. True or False. If you come across a container on the person you are detaining, you are entitled to seize it and open it, as long as it is reasonable for you to think it is a weapon or contain weapon.

True

9. Who has the authority to arrest?

Everyone

10. A consent to enter will be considered “coerced” (involuntary) if you _____ about your _____ ______ for entering.

Lie / True Purpose

CPOLS Flashcards

(76 cards)