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PC 832 LAWS OF ARREST QUESTIONS AND CORRECT ANSWERS

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PC 832 LAWS OF ARREST QUESTIONS AND CORRECT ANSWERS

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THE PRIMARY PURPOSES OF CASE LAW ARE TO:


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INTERPRET THE CONSTITUTION
CLARIFY STATUES

CALIFORNIA TRIAL COURTS MUST FOLLOW BOTH STATE AND FEDERAL
APPELLATE COURT DECISIONS




THE FOURTH AMENDMENT TO THE CONSTITUTION PROHIBITS


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, UNREASONABLE SEARCHES AND SEIZURES BY THE STATES AND
ESTABLISHES THAT ANY SEARCH OR SEIZURE BY THE STATE MUST BE ON
PROBABLE CAUSE. (LD-20)




WHAT IS A LAWFUL DETENTION?


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REQUIRES REASONABLE SUSPICION OF CRIMINAL ACTIVITY


A DETENTION OF A PERSON IS LIMITED IN SCOPE, INTENSITY, AND
DURATION. IT IS LESS THAN AN ARREST AND MORE SUBSTANTIAL THAN
A CONSENSUAL ENCOUNTER




ARREST IS DEFINED BY WHAT?


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TAKING A PERSON INTO CUSTODY




A PERSON WHO FLEES FROM A LAWFUL DETENTION OR INTENTIONALLY GIVES
MISLEADING/INCORRECT ANSWERS MAY BE ARRESTED FOR VIOLATING:


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, PENAL CODE 148
(RESISTING, DELAYING, OR OBSTRUCTING ANY
OFFICER/INVESTIGATION)




T/F
UNCOOPERATIVE DETAINEES MAY BE HANDCUFFED DURING A DETENTION?


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TRUE
PEACE OFFICERS MAY USE RESTRAINTS DURING A DETENTION




WHAT TWO CIRCUMSTANCES MUST EXISTS BEFORE MIRANDA RIGHTS ARE
REQUIRED?


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CUSTODY AND INTERROGATION




SEARCH


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OCCURS WHEN AN EXPECTATION OF PRIVACY THAT SOCIETY IS
PREPARED TO CONSIDER REASONABLE IS INFRINGED UPON BY THE
GOVERNMENT

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