RBC 1 EXAM WITH COMPLETE SOLUTIONS
First Amendment
(Basic rights and freedoms)
LD 2 - ANSWER Freedom of religion,
freedom of speech,
freedom of press,
freedom of assembly,
right to petition the government for a redress of grievances.
- All individuals must be allowed to worship, or not worship as they so choose.
- All individuals have the right to freedom of expression of their ideas
- Individuals who feel they have been wronged have the right to petition the
government to rectify the circumstances
First Amendment Provisions
LD 2 - ANSWER The right to free speech must be reasonable:
- shout "Fire!"in crowded auditorium
- screaming to disturb the peace
- disturb an orderly assembly like a church or court
- incite a riot
- urge others to commit a crime
- false report of an explosive
4th Amendment provisions
LD 2 - ANSWER Does not give absolute right to privacy nor prohibits all searches
officers may search incident to arrest for weapons or contraband then seize items for
evidence
persons home is not refuge for criminals
fresh or immediate pursuit = officers may follow a criminal who has taken refuge in a
house or building without a warrant
Fourth Amendment
LD 2 - ANSWER Freedom from unreasonable search and seizure
- Unreasonable search and seizures are not allowed
- Search and arrest warrants must show probable cause and most specifically
identify items or individuals to be searched or seized
Fifth Amendment
LD 2 - ANSWER Freedom from being tried twice for the same crime, freedom from
self incrimination
,- Protection against a second prosecution after acquittal or conviction (double
jeopardy)
- Protection against self incrimination
- individuals must be given due process before life, liberty or property taken away
Sixth Amendment
LD 2 - ANSWER When accused of a crime:
- Right to be told of charges when arrested,
- right to a speedy trial,
- Right to a public trial by an impartial jury, - Right to confront witnesses,
- Right to counsel
Individuals who have been accused of a crime have the right to :
- A speedy and public trial by a jury,
- Be informed of the accusations against them
- Confront their accusers
- Subpoena witnesses for their defense
- Have legal counsel
Eighth Amendment
LD 2 - ANSWER Freedom from excessive bail,
freedom from cruel and unusual punishments
- Excessive bails and fines are not allowed
- Punishment must be reasonable based on the crime
Any violation of the 6th amendment may result in:
(LD 2) - ANSWER exclusion of evidence
dismissal of the case
criminal liability of the officer
Fourteenth Amendment
LD 2 - ANSWER Basic rights of a defendant in a judicial proceeding, the requisites
for trial (due process), right to equal protection of the laws
Equal justice under the law to all persons
No state may:
- Limit privileges or immunities or US citizens
- Deny due process of the law to any person
- Deny equal protection of the law to any person
Civil Rights statutes - ANSWER U.S. Code, Title 42, Section 1983:
Peace officers are subject to this statute and can be held personally liable if, while
acting under the color of law, they deprive or deny someone a legal right to which the
person was entitled.
,However, under this section, so long as an officer was acting within the scope of
their duties and they reasonably believed their actions did not violate any federal
statutory or constitutional rights, they may request qualified immunity. Qualified
immunity protects the individual officer from being liable for damages resulting in
actual constitutional violations.
U.S. Code, Title 18, Section 241:
This law makes it a federal crime, punishable by a fine or imprisonment up to 10
years, or both:
Peace officers can be prosecuted criminally if they conspire with other persons to
deprive individuals of their legal rights and be incarcerated.
U.S. Code, Title 18, Section 242:
This law makes it a federal crime, punishable by a fine or imprisonment up to one
year, or both:
Peace officers can be prosecuted criminally if they apply a law unevenly because of
a person's color, race, or the fact that the person is an alien.
Consensual Contact - ANSWER · reasonable person to believe they are free to
leave or otherwise not cooperate.
· Officer has legal right to be there
Appropriate conduct during consensual encounter - ANSWER requesting info (ID
and personal info), interviewing witnesses at the scene of a crime or accident,
conversing casually, disseminating information
Elevating a consensual encounter - ANSWER Emergency lights, blocking a person
or car from leaving, issuing orders or commands, accusatory questioning or tone,
conducting cursory/pat search without legal justification, demanding or keeping a
person's ID
Alternate Actions - ANSWER using spotlight
positioning self to not block way
asking consent
non accusing tone
asking for id and returning it when asked
Consequences of elevation of contact
LD 15 Laws of Arrest - ANSWER fourth amendment violations, civil/criminal
prosecution, agency disciplinary action
, Arraignment - ANSWER legal procedure where court informs defendants of the
nature of the charges against them
also learns of bail
learns their constitutional rights to:
- have counsel through process
- plead guilty or not
- trial by court or jury
Bail and right to bail - ANSWER Right to bail - defendants constitutional right to
reasonable bail
Preliminary hearing - ANSWER screening procedure used in felony cases to
determine if there is enough evidence toehold a defendant for trial
indictment - ANSWER accusation in writing formally charging a person with a crime
or public offense
California Department of Corrections and Rehabilitation - ANSWER Responsible for
incarceration of convicted adults and youth
CA Board of Prison Terms - ANSWER supervises inmates who have been released
on parole from CDCR
Parole - ANSWER Admin. by CDCR
Def. conditional release from a state prison which allows individual to serve
remainder of sentence
imposed at parole hearing and depends on statutory requirements, types of
sentence, institutional recommendations
Conditions of parole - ANSWER Parolees must:
- comply with all instructions of their parole officers
- not travel 50+ miles from residence unless authorized
- be absent of residence +49 hours unless approved
- inform parole officers within 72 hours of any change of employment changes
- not engage in conduct prohibited by law
- not have access to firearm, blade, weapon
- Peace officer must know of parole conditions before search
Probation - ANSWER Admin. county probation department
First Amendment
(Basic rights and freedoms)
LD 2 - ANSWER Freedom of religion,
freedom of speech,
freedom of press,
freedom of assembly,
right to petition the government for a redress of grievances.
- All individuals must be allowed to worship, or not worship as they so choose.
- All individuals have the right to freedom of expression of their ideas
- Individuals who feel they have been wronged have the right to petition the
government to rectify the circumstances
First Amendment Provisions
LD 2 - ANSWER The right to free speech must be reasonable:
- shout "Fire!"in crowded auditorium
- screaming to disturb the peace
- disturb an orderly assembly like a church or court
- incite a riot
- urge others to commit a crime
- false report of an explosive
4th Amendment provisions
LD 2 - ANSWER Does not give absolute right to privacy nor prohibits all searches
officers may search incident to arrest for weapons or contraband then seize items for
evidence
persons home is not refuge for criminals
fresh or immediate pursuit = officers may follow a criminal who has taken refuge in a
house or building without a warrant
Fourth Amendment
LD 2 - ANSWER Freedom from unreasonable search and seizure
- Unreasonable search and seizures are not allowed
- Search and arrest warrants must show probable cause and most specifically
identify items or individuals to be searched or seized
Fifth Amendment
LD 2 - ANSWER Freedom from being tried twice for the same crime, freedom from
self incrimination
,- Protection against a second prosecution after acquittal or conviction (double
jeopardy)
- Protection against self incrimination
- individuals must be given due process before life, liberty or property taken away
Sixth Amendment
LD 2 - ANSWER When accused of a crime:
- Right to be told of charges when arrested,
- right to a speedy trial,
- Right to a public trial by an impartial jury, - Right to confront witnesses,
- Right to counsel
Individuals who have been accused of a crime have the right to :
- A speedy and public trial by a jury,
- Be informed of the accusations against them
- Confront their accusers
- Subpoena witnesses for their defense
- Have legal counsel
Eighth Amendment
LD 2 - ANSWER Freedom from excessive bail,
freedom from cruel and unusual punishments
- Excessive bails and fines are not allowed
- Punishment must be reasonable based on the crime
Any violation of the 6th amendment may result in:
(LD 2) - ANSWER exclusion of evidence
dismissal of the case
criminal liability of the officer
Fourteenth Amendment
LD 2 - ANSWER Basic rights of a defendant in a judicial proceeding, the requisites
for trial (due process), right to equal protection of the laws
Equal justice under the law to all persons
No state may:
- Limit privileges or immunities or US citizens
- Deny due process of the law to any person
- Deny equal protection of the law to any person
Civil Rights statutes - ANSWER U.S. Code, Title 42, Section 1983:
Peace officers are subject to this statute and can be held personally liable if, while
acting under the color of law, they deprive or deny someone a legal right to which the
person was entitled.
,However, under this section, so long as an officer was acting within the scope of
their duties and they reasonably believed their actions did not violate any federal
statutory or constitutional rights, they may request qualified immunity. Qualified
immunity protects the individual officer from being liable for damages resulting in
actual constitutional violations.
U.S. Code, Title 18, Section 241:
This law makes it a federal crime, punishable by a fine or imprisonment up to 10
years, or both:
Peace officers can be prosecuted criminally if they conspire with other persons to
deprive individuals of their legal rights and be incarcerated.
U.S. Code, Title 18, Section 242:
This law makes it a federal crime, punishable by a fine or imprisonment up to one
year, or both:
Peace officers can be prosecuted criminally if they apply a law unevenly because of
a person's color, race, or the fact that the person is an alien.
Consensual Contact - ANSWER · reasonable person to believe they are free to
leave or otherwise not cooperate.
· Officer has legal right to be there
Appropriate conduct during consensual encounter - ANSWER requesting info (ID
and personal info), interviewing witnesses at the scene of a crime or accident,
conversing casually, disseminating information
Elevating a consensual encounter - ANSWER Emergency lights, blocking a person
or car from leaving, issuing orders or commands, accusatory questioning or tone,
conducting cursory/pat search without legal justification, demanding or keeping a
person's ID
Alternate Actions - ANSWER using spotlight
positioning self to not block way
asking consent
non accusing tone
asking for id and returning it when asked
Consequences of elevation of contact
LD 15 Laws of Arrest - ANSWER fourth amendment violations, civil/criminal
prosecution, agency disciplinary action
, Arraignment - ANSWER legal procedure where court informs defendants of the
nature of the charges against them
also learns of bail
learns their constitutional rights to:
- have counsel through process
- plead guilty or not
- trial by court or jury
Bail and right to bail - ANSWER Right to bail - defendants constitutional right to
reasonable bail
Preliminary hearing - ANSWER screening procedure used in felony cases to
determine if there is enough evidence toehold a defendant for trial
indictment - ANSWER accusation in writing formally charging a person with a crime
or public offense
California Department of Corrections and Rehabilitation - ANSWER Responsible for
incarceration of convicted adults and youth
CA Board of Prison Terms - ANSWER supervises inmates who have been released
on parole from CDCR
Parole - ANSWER Admin. by CDCR
Def. conditional release from a state prison which allows individual to serve
remainder of sentence
imposed at parole hearing and depends on statutory requirements, types of
sentence, institutional recommendations
Conditions of parole - ANSWER Parolees must:
- comply with all instructions of their parole officers
- not travel 50+ miles from residence unless authorized
- be absent of residence +49 hours unless approved
- inform parole officers within 72 hours of any change of employment changes
- not engage in conduct prohibited by law
- not have access to firearm, blade, weapon
- Peace officer must know of parole conditions before search
Probation - ANSWER Admin. county probation department
