Exam (elaborations)
RBC 1 - LDs 2, 3, 5, 15, 16, 20, 39 Actual
Exam Questions and Answers (A+
Guide Solution).
What is a constitution? - AnswerA 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? - AnswerMarch 1789
Why was the U.S. Constitution established? - AnswerTo "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? - Answer1879
What are the guaranteed rights of the Fourth Amendment? - AnswerFreedom against
unreasonable searches and seizures
What is reasonable suspicion? - AnswerThe 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? - AnswerIt 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? - AnswerWhen an expectation of privacy that society is
prepared to consider reasonable is infringed upon by the government
What is the seizure of a person? - AnswerOccurs 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? - AnswerOccurs 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? - AnswerProvides 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? - AnswerGuarantees 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? - AnswerRequires 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? - AnswerThis 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"? - AnswerAn 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? - AnswerIf:
*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? - 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? - AnswerThis 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? - AnswerA 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? - AnswerRequesting information [including ID and personal information]
Interviewing witnesses at the scene of a crime or accident
Conversing casually
Disseminating information
What is a detention? - AnswerAn assertion of authority by a peace officer that would
cause a reasonable person to believe they are *not free to leave*.
What is required to make a detention? - AnswerReasonable suspicion
What is the basis for reasonable suspicion? - AnswerIt may be based on observation,
personal training and experience, or information from eyewitnesses, victims, or other
officers [totality of circumstances]
What are some contributing factors to establish reasonable suspicion? -
AnswerAppearance or condition of a person
Actions [i.e. hiding objectives, furtive movements]
Driving behaviors
Knowledge of a person's "history"
Demeanor [i.e. non-responsive, nervous]
Time of day
Location of the stop
Officer training and experience
How long may a peace officer detain a person? - AnswerThey may take whatever
investigative actions are reasonable under the circumstances to determine the person's
possible participation in a crime
What are some common investigative actions for detention? - AnswerQuestioning a
person about identity or conduct
Contacting other individuals to confirm explanation
Verifying identification, doing a warrant check
Checking premises whether a crime actually occurred
Bringing the victim to the suspect for identification purposes.
When can you transport a person during a detention? - AnswerThe detainee gives
permission
It is impractical to bring the witness/victim to the detainee's location
The conditions of the detention are dangerous to the person or officer
Independent probable cause exists to arrest the subject
RBC 1 - LDs 2, 3, 5, 15, 16, 20, 39 Actual
Exam Questions and Answers (A+
Guide Solution).
What is a constitution? - AnswerA 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? - AnswerMarch 1789
Why was the U.S. Constitution established? - AnswerTo "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? - Answer1879
What are the guaranteed rights of the Fourth Amendment? - AnswerFreedom against
unreasonable searches and seizures
What is reasonable suspicion? - AnswerThe 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? - AnswerIt 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? - AnswerWhen an expectation of privacy that society is
prepared to consider reasonable is infringed upon by the government
What is the seizure of a person? - AnswerOccurs 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? - AnswerOccurs 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? - AnswerProvides 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? - AnswerGuarantees 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? - AnswerRequires 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? - AnswerThis 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"? - AnswerAn 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? - AnswerIf:
*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? - 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? - AnswerThis 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? - AnswerA 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? - AnswerRequesting information [including ID and personal information]
Interviewing witnesses at the scene of a crime or accident
Conversing casually
Disseminating information
What is a detention? - AnswerAn assertion of authority by a peace officer that would
cause a reasonable person to believe they are *not free to leave*.
What is required to make a detention? - AnswerReasonable suspicion
What is the basis for reasonable suspicion? - AnswerIt may be based on observation,
personal training and experience, or information from eyewitnesses, victims, or other
officers [totality of circumstances]
What are some contributing factors to establish reasonable suspicion? -
AnswerAppearance or condition of a person
Actions [i.e. hiding objectives, furtive movements]
Driving behaviors
Knowledge of a person's "history"
Demeanor [i.e. non-responsive, nervous]
Time of day
Location of the stop
Officer training and experience
How long may a peace officer detain a person? - AnswerThey may take whatever
investigative actions are reasonable under the circumstances to determine the person's
possible participation in a crime
What are some common investigative actions for detention? - AnswerQuestioning a
person about identity or conduct
Contacting other individuals to confirm explanation
Verifying identification, doing a warrant check
Checking premises whether a crime actually occurred
Bringing the victim to the suspect for identification purposes.
When can you transport a person during a detention? - AnswerThe detainee gives
permission
It is impractical to bring the witness/victim to the detainee's location
The conditions of the detention are dangerous to the person or officer
Independent probable cause exists to arrest the subject
