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A college student who attended classes in the nearby university lived in the
basement area of his parents' residence. His parents offered the area to him
without rent to help offset the cost of tuition. His mother, who cleaned the area
for her son and otherwise passed freely through the area to get to the laundry
facilities, consented to a peace officer's request to enter the son's living space to
search for stolen computer equipment.
Can the mother give consent to search? - ANSWER-yes - Since the mother had
open access to the son's living area, and since the son did not pay rent, the
mother had authority to consent to the search.
A woman left her locked briefcase and its key with her coworker. Later, the
coworker gave an investigating officer permission to open the briefcase to
search it.
By giving the coworker the key, what did the woman relinquish? - ANSWER-
her expectation of privacy over to the coworker
Two officers were investigating a truck hijacking that occurred earlier in the
day. When the officers arrested three of the known suspects outside of a
residence, one of the suspects told the officers that the fourth suspect was inside
the home.
,What exigency, if any, do the officers have? - ANSWER-prevent the escape of
the fourth suspect
A neighbor heard the victim scream, "Don't hit me - help!" The neighbor
pounded on the wall saying, "Stop or I'll call the cops." The suspect calls out, "If
you do, I'll take care of you next."
What crime was committed? - ANSWER-Preventing or Dissuading a
Witness/Victim from Testifying - felony
A man came home and found his wife on the phone. He told her to hang up.
When she didn't hang up immediately, he got mad and grabbed her arm but did
not leave a mark. The husband admitted grabbing her because he wanted to use
the phone.
what crime, if any, occurred? - ANSWER-Domestic battery - misd 243(e)(1)
A man who was living with his intimate partner hit him with an open hand.
what crime, if any, occurred? - ANSWER-Domestic battery - if no injuries seen
- misd 243(e)(1)
Two brothers reside within the same residence and one brother commits a
battery against the other. Based on these factors the offender can be arrested for
this battery per the misdemeanor exception. Additionally, the victimized brother
can be protected through an EPO as this relationship is covered under Penal
Code 6209. Lastly, if a firearm or other deadly weapon is found during a lawful
search within the home it can be seized.
true/false - ANSWER-true
,An estranged husband who had penile/vaginal intercourse with his wife who
consented only because he threatened to injure their children, committed the
crime of spousal rape.
True/false - ANSWER-true
A 12-year-old child went to an emergency room with severe welts on his back.
The parents denied any responsibility even though the child said his father
whipped him with an electrical cord.
Can the child be taken into temporary custody by law enforcement? -
ANSWER-Yes
A boy lived with his father who had legal custody, but the boy still wanted to
see his mother, the man's ex-wife. The boy's father decided to allow the boy to
visit with his mother and took him to the mother's apartment. When he came to
pick the boy up, the mother refused to let the boy go home with his father.
What Crime, if any, did the Mother commit? - ANSWER-child abduction
without custodial right – Felony because she prevented the child from returning
to his father, the custodial parent.
Martinez and his wife, in the process of a divorce, obtained a temporary
custodial decree. The decree granted them joint custody of their 6-month-old
daughter. Martinez was to have the daughter on weekends. Martinez decided to
go on an extended weekend trip with his daughter and did not tell his wife.
When he did not arrive with their daughter at the normal time his wife
frantically called him. He told his wife that she did not need to worry and
indicated he would bring their daughter back in a few days. Martinez further
stated to his wife that since she had never treated him right during their
marriage, he felt that she deserved to know how it felt to be mistreated.
, Martinez committed the crime of child abduction without custodial right.
True/False - ANSWER-False - child abduction with custodial right - Felony
A woman cashed a check at a liquor store for $100. As she walked away, a man
approached her and demanded her handbag. She refused and clutched the
handbag tightly in her arms. The man grabbed the handbag, but the woman
wouldn't let go. The man pulled the handbag away from her and knocked her off
balance. She fell and hit the ground, and the man ran off with the handbag.
The man used _______, making this robbery. - ANSWER-Force
A night watchman was sitting at his desk, when a group of masked men entered
the room and tied him to his chair. They then went down the hall and stole
several pieces of computer equipment that were under his protection.
Did the men commit robbery or Burglary? - ANSWER-Robbery - felony
Even though the property was not taken directly from the watchman's person, it
was taken in the watchman's immediate presence.
A woman was sitting in her car at a red light. The driver's side door was opened
and a man pulled her from the car and drove off.
What crime was committed? - ANSWER-Carjacking - felony
A 10-year-old boy lived with his mother and grandfather. The mother heard the
boy and the grandfather in the bathroom. When she knocked on the door, the
grandfather quickly exited. The mother found the boy with his underwear off
and crying.