Complete Solutions
Course
PC 832
11.
Question: What is the primary difference between a detention and an arrest?
Solution:
Detention: Temporary, limited seizure based on reasonable suspicion (e.g., traffic stop).
Arrest: Full seizure requiring probable cause that the person committed a crime.
12.
Question: Which U.S. Amendment protects against unreasonable searches and seizures?
Solution:
Fourth Amendment.
Requires probable cause for warrants and limits government intrusion.
13.
Question: An officer sees someone spray-painting graffiti on a wall. Can the officer arrest
without a warrant?
Solution:
Yes. Crime committed in the officer’s presence establishes probable cause for immediate
arrest.
14.
Question: What is the scope of a lawful consent search?
Solution:
Limited to the areas reasonably understood from the consent given.
Consent can be restricted or withdrawn at any time by the individual.
15.
,Question: What is the legal justification for an officer stopping a vehicle at a DUI checkpoint?
Solution:
Administrative inspection exception to the 4th Amendment.
Must follow constitutional guidelines: neutral plan, minimal intrusion, proper public
notice.
16.
Question: Define probable cause for a search warrant.
Solution:
Facts and circumstances that would lead a reasonable person to believe that evidence of a
crime is located at a specific place.
17.
Question: Under California law, what Penal Code section covers possession of a controlled
substance?
Solution:
Health & Safety Code §11350 (possession of controlled substances such as cocaine,
heroin, etc.).
18.
Question: What is the purpose of the “plain view doctrine”?
Solution:
Allows officers to seize evidence without a warrant if:
1. They are lawfully present,
2. The incriminating nature of the item is immediately apparent,
3. The officer has lawful access to the item.
19.
Question: When can officers enter a residence without a warrant?
Solution:
, Exigent circumstances (e.g., hot pursuit, imminent danger, destruction of evidence).
Or with valid consent from someone with authority.
20.
Question: What is the standard for a lawful investigative detention length?
Solution:
Must last only as long as reasonably necessary to confirm or dispel suspicion.
Prolonged detentions without probable cause can become unlawful arrests.
21.
Question: Define the exclusionary rule’s fruit of the poisonous tree doctrine.
Solution:
Evidence derived from illegal searches or arrests is inadmissible in court.
Example: An unlawful search leading to discovery of drugs cannot be used as evidence.
22.
Question: Which Penal Code section defines burglary?
Solution:
PC 459: Entering a building/structure with intent to commit theft or any felony.
23.
Question: What rights must an officer advise a juvenile suspect of before interrogation?
Solution:
Miranda rights plus recognition that juveniles may need additional
explanation/understanding.
In California, juveniles under 16 must consult with legal counsel before waiving rights
(WIC §625.6).
24.
, Question: What is the difference between custody and interrogation in Miranda analysis?
Solution:
Custody: Formal arrest or restraint on freedom to the degree of arrest.
Interrogation: Express questioning or actions likely to elicit an incriminating response.
25.
Question: If a suspect voluntarily blurts out a confession before Miranda warnings, is it
admissible?
Solution:
Yes. Voluntary, spontaneous statements not made in response to interrogation are
admissible.
26.
Question: What is the minimum legal standard for a traffic stop?
Solution:
Reasonable suspicion that a traffic violation or criminal activity has occurred.
Case law: Delaware v. Prouse (1979).
27.
Question: What does the term curtilage refer to in search and seizure law?
Solution:
The area immediately surrounding and associated with a residence, given the same 4th
Amendment protections as the home (e.g., fenced backyard).
28.
Question: Which Penal Code section defines robbery?
Solution:
PC 211: Taking personal property from another person, against their will, by means of
force or fear.