RBC 1 - LDs 2, 3, 5, 15, 16, 20, 39 Questions
And Answers
What is a constitution? - (Correct Answer) A written document which
embodies the basic laws of a nation or state that defines the powers and
duties of the government and guarantees certain rights to the public
When did the U.S. Constitution become effective? - (Correct Answer)
March 1789
Why was the U.S. Constitution established? - (Correct Answer) To "form a
more perfect Union, establish justice, insure domestic tranquility, provide
for the common defense, promote the general welfare, and secure the
blessings of liberty."
When did California adopt its own Constitution? - (Correct Answer) 1879
What are the guaranteed rights of the Fourth Amendment? - (Correct
Answer) Freedom against unreasonable searches and seizures
What is reasonable suspicion? - (Correct Answer) The standard used to
justify a detention. It exists when an officer has sufficient facts and
information to make it reasonable to suspect that criminal activity my be
occurring, and the person to be detained is connected to that activity.
What is probable cause? - (Correct Answer) It exists when the totality of the
circumstances or "total atmosphere" of the case would cause a person of
ordinary care and prudence to entertain an honest and strong suspicion
that the person to be arrested is guilty of a crime.
When does a search occur? - (Correct Answer) When an expectation of
privacy that society is prepared to consider reasonable is infringed upon by
the government
,What is the seizure of a person? - (Correct Answer) Occurs when a peace
officer physically applies force to a person or when a person voluntarily
submits to the officer's authority.
What is the seizure of property? - (Correct Answer) Occurs when there is
some meaningful interference with an individual's possessory interest in
that property by the government.
What are the Fifth Amendment guaranteed rights? - (Correct Answer)
Provides that individuals cannot be compelled to:
be a witness against themselves [self-incrimination]
be tried for the same offense twice [double jeopardy]
be deprived of life, liberty, or property without due process of law
What are the Sixth Amendment guaranteed rights? - (Correct Answer)
Guarantees people accused of a crime the right to:
a speedy trial [within 60 days, 2 days for arraignment]
confront witnesses against them and obtain witnesses in their favor
the assistance of counsel, during court proceedings
What are the Fourteenth Amendment guaranteed rights? - (Correct
Answer) Requires peace officers to apply the law equally to all people
regardless of race, creed, nationality, religious preference, or national
origin.
What does U.S. Code, Title 42, Section 1983 define? - (Correct Answer)
This statute permits civil action rights suit seeking monetary damages be
awarded to anyone who proves, in a court of law, that they were deprived
of some legal right through governmental action: under color of law
What is "Under color of law"? - (Correct Answer) An action carried out as if
under the authority of law, but is actually done in violation of the law.
Example: peace officers using their position to act in an unlawful manner.
What does U.S. Code, Title 18, Section 241 define? - (Correct Answer) If:
, *two or more persons*
*conspire to injure, oppress, threaten, or intimidate any person*
*for doing anything that the person had a legal right to be doing*
*or because the person previously exercised any such legal right*
May be *fined* and or *imprisoned up to 10 years*
What does U.S. Code, Title 18, Section 242 define? - (Correct Answer)
*Any person, acting under color of any law*
*Willfully deprive any person of any legal right*
*Or subject any person to a different punishment or penalty*
*based on that person's color, race, or citizenship status*
Punishable by:
*Fine and or imprisonment up to one year*
What does Penal Code Section 422.6[a] define? - (Correct Answer) This
penal code section is broader than U.S. Code, Title 18, Section 242
It includes additional categories of religion, ancestry, national origin,
disability, gender, and sexual orientation.
No person, whether or not under color of law, shall by force of threat of
force, willfully injure, intimidate, interfere with, oppress, or threaten any
other person due to the above categories.
What is a consensual encounter? - (Correct Answer) A face-to-face contact
with a person under circumstances which would cause a reasonable
person to believe they are free to leave or otherwise not cooperate.
What are some appropriate actions a peace officer may take during a
consensual encounter? - (Correct Answer) Requesting information
[including ID and personal information]
Interviewing witnesses at the scene of a crime or accident
And Answers
What is a constitution? - (Correct Answer) A written document which
embodies the basic laws of a nation or state that defines the powers and
duties of the government and guarantees certain rights to the public
When did the U.S. Constitution become effective? - (Correct Answer)
March 1789
Why was the U.S. Constitution established? - (Correct Answer) To "form a
more perfect Union, establish justice, insure domestic tranquility, provide
for the common defense, promote the general welfare, and secure the
blessings of liberty."
When did California adopt its own Constitution? - (Correct Answer) 1879
What are the guaranteed rights of the Fourth Amendment? - (Correct
Answer) Freedom against unreasonable searches and seizures
What is reasonable suspicion? - (Correct Answer) The standard used to
justify a detention. It exists when an officer has sufficient facts and
information to make it reasonable to suspect that criminal activity my be
occurring, and the person to be detained is connected to that activity.
What is probable cause? - (Correct Answer) It exists when the totality of the
circumstances or "total atmosphere" of the case would cause a person of
ordinary care and prudence to entertain an honest and strong suspicion
that the person to be arrested is guilty of a crime.
When does a search occur? - (Correct Answer) When an expectation of
privacy that society is prepared to consider reasonable is infringed upon by
the government
,What is the seizure of a person? - (Correct Answer) Occurs when a peace
officer physically applies force to a person or when a person voluntarily
submits to the officer's authority.
What is the seizure of property? - (Correct Answer) Occurs when there is
some meaningful interference with an individual's possessory interest in
that property by the government.
What are the Fifth Amendment guaranteed rights? - (Correct Answer)
Provides that individuals cannot be compelled to:
be a witness against themselves [self-incrimination]
be tried for the same offense twice [double jeopardy]
be deprived of life, liberty, or property without due process of law
What are the Sixth Amendment guaranteed rights? - (Correct Answer)
Guarantees people accused of a crime the right to:
a speedy trial [within 60 days, 2 days for arraignment]
confront witnesses against them and obtain witnesses in their favor
the assistance of counsel, during court proceedings
What are the Fourteenth Amendment guaranteed rights? - (Correct
Answer) Requires peace officers to apply the law equally to all people
regardless of race, creed, nationality, religious preference, or national
origin.
What does U.S. Code, Title 42, Section 1983 define? - (Correct Answer)
This statute permits civil action rights suit seeking monetary damages be
awarded to anyone who proves, in a court of law, that they were deprived
of some legal right through governmental action: under color of law
What is "Under color of law"? - (Correct Answer) An action carried out as if
under the authority of law, but is actually done in violation of the law.
Example: peace officers using their position to act in an unlawful manner.
What does U.S. Code, Title 18, Section 241 define? - (Correct Answer) If:
, *two or more persons*
*conspire to injure, oppress, threaten, or intimidate any person*
*for doing anything that the person had a legal right to be doing*
*or because the person previously exercised any such legal right*
May be *fined* and or *imprisoned up to 10 years*
What does U.S. Code, Title 18, Section 242 define? - (Correct Answer)
*Any person, acting under color of any law*
*Willfully deprive any person of any legal right*
*Or subject any person to a different punishment or penalty*
*based on that person's color, race, or citizenship status*
Punishable by:
*Fine and or imprisonment up to one year*
What does Penal Code Section 422.6[a] define? - (Correct Answer) This
penal code section is broader than U.S. Code, Title 18, Section 242
It includes additional categories of religion, ancestry, national origin,
disability, gender, and sexual orientation.
No person, whether or not under color of law, shall by force of threat of
force, willfully injure, intimidate, interfere with, oppress, or threaten any
other person due to the above categories.
What is a consensual encounter? - (Correct Answer) A face-to-face contact
with a person under circumstances which would cause a reasonable
person to believe they are free to leave or otherwise not cooperate.
What are some appropriate actions a peace officer may take during a
consensual encounter? - (Correct Answer) Requesting information
[including ID and personal information]
Interviewing witnesses at the scene of a crime or accident
