RBC 1 Study Guide
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 appearance.
Peace officers have a responsibility to protect the sixth amendment rights of people.
The sixth amendment gives the right to a speedy trial, an opportunity to confront
witnesses and the right to counsel during court proceedings.
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 people in
the United States. The fourteenth amendment requires peace officers to apply the law
equally to all people.
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.
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, to bring the same before the magistrate (Penal Code Section 1523)
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 persons or things to be seized
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
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 appearance.
Peace officers have a responsibility to protect the sixth amendment rights of people.
The sixth amendment gives the right to a speedy trial, an opportunity to confront
witnesses and the right to counsel during court proceedings.
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 people in
the United States. The fourteenth amendment requires peace officers to apply the law
equally to all people.
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.
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, to bring the same before the magistrate (Penal Code Section 1523)
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 persons or things to be seized
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
