RBC 1 Study Guide Exam Questions and Answers
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Terms in this set (221)
Court opinions that are issued over time through the
case law
power of judicial review
Evidence that does not prove a fact directly, but
circumstantial evidence rather is personal knowledge or observations from
which deductions are drawn
Search conducted with consent that is voluntary and
consent search obtained from a person with the authority to give that
consent
Search conducted at or near the time of arrest,
although either can precede the other, at or near the
contemporaneous
place of the arrest, and while the arrestee is still on
the scene
Relatively small and usually well-defined area
immediately around a residence to which the private
curtilage
activities of the home extend, and in which the owner
has an expectation of privacy
Arrest in which the suspect will be transported to a
custodial arrest
station, jail, detox center, juvenile hall, or school
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Identification procedure in which the victim or witness
to a crime is asked to look at a number of individuals
custodial lineup
within a custodial environment in an attempt to
identify the suspect (also known as a physical lineup)
Evidence that proves a fact directly, without an
direct evidence 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
An emergency situation requiring swift action to
prevent imminent danger to life, serious danger to
exigent circumstances
property, imminent escape of a suspect, or the
destruction of evidence
Viewing of a suspect by the victim or witness that
field showup commonly occurs in the field shortly after a crime has
been committed
By obtaining a driver's license in California a person
implied consent has agreed to chemical testing without a warrant (i.e.,
blood, breath, urine)
Before entering a dwelling to serve a search warrant,
knock and notice officers must give notice to persons inside through
certain actions
Self-propelled vehicle (e.g., automobiles, airplanes,
motor vehicle
buses, recreational vehicles, carts, etc.)
A reasonable connection or link between two or more
nexus
items
Whether society is prepared to recognize an
objective reasonableness
individual's expectation of privacy as reasonable
Outdoor real property, outside the curtilage of the
open fields
residence
overflight Flight of a plane or helicopter over a given area
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Extension of a felon's sentence, that is, an additional
specific period of time (usually three years) which a
parole
person must serve on the "outside" after having
completed the actual prison sentence
Passenger Compartment can be considered to
passenger compartment include all areas accessible to occupants within the
vehicle
Identification procedure in which the victim or witness
to a crime is asked to look at a number of
photographic spread
photographs in an attempt to identify the suspect
(also known as a photographic lineup)
Objects in the line of sight of an officer who has the
right to be in that position are subject to seizure
plain view
without a warrant if the officer has lawful access to the
object(s)
Warrantless vehicle search based on probable cause
that the vehicle contains contraband or evidence of a
probable cause exception
crime. Also referred to as the "automobile exception,"
or the "vehicle exception"
Additional show of need, beyond the usual probable
probable cause plus
cause, required for bodily intrusion warrants
Enough credible information to provide a fair
probable cause to search probability that the object the peace officers seek will
be found at the place they want to search
Sentencing alternative for a person convicted of a
probation
criminal offense granted at a judge's discretion
protective search of a Limited warrantless search of the passenger
vehicle compartment of a vehicle for weapons
Brief search of a house or building to look for
protective sweep
individuals only
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Any area that the general public or some members of
public access area the public have been given either express or implied
permission to be in
When individuals have indicated that they personally
reasonable expectation of (subjectively) expect privacy in the object or area, and
privacy their expectation is one which society is prepared to
recognize as legitimate
Act of drawing a conclusion from a fact; it is similar to
reasonable inference making a presumption (e.g., seeing smoke and
inferring there is a fire)
Governmental infringement or intrusion upon an
search expectation of privacy that society is prepared to
consider reasonable
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
search warrant
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)
Peace officer's physical application of force, or a
seizure of a person person's voluntary submission to a peace officer's
authority
Meaningful interference with an individual's
seizure of property possessory interest in that property by the
government
stable evidence Evidence that will not change over time
When a person has a legitimate possessory interest or
standing
relationship over an object or area
subjective expectation of A person's state of mind demonstrated by affirmative
privacy action designed to protect their privacy
A person can give permission for search of
valid consent
areas/items within their control
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