Pc832 QUESTIONS AND ASNWERS YEAR 2025.
4th amendment - ✅✅Protection from illegal or unreasonable search and seizure.
Right of the people to be secure in their persons, houses, papers, and effects against
unreasonable search and seizure.
Consensual contact/encounter - ✅✅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. No legal justification needed if the officer has a legal right to
be there.
Reasonable suspicion - ✅✅Standard to justify detention. Exists when an officer has
sufficient facts and info to make it reasonable to suspect that criminal activity may be
occurring and the person to be detained is connected to that activity. Ex- appearance of
person, actions, driving behaviors, knowledge of person's history, demeanor, time of
day, location, training/experience. Cannot be based on a hunch or instinct.
Probable cause - ✅✅To arrest 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.
Constitutional law - ✅✅Formed by the rules and provisions found in the federal and
state constitutions.
Statutory law - ✅✅or 'codified law' - consists of the written laws enacted by a
legislative body. (All crimes are statutory in CA. To be enforceable a law must be
written)
Case law - ✅✅'precedent' - to interpret the constitution and to clarify statutes.
Judicial review - ✅✅Protects the rights of the individual from unconstitutional
legislation when state or federal branches declare certain behavior to be criminal and
punishable by law.
Letter of the law - ✅✅means the law is strictly applied in accordance with the literal
meaning of the statute, leaving no room for interpretation.
Spirit of the law - ✅✅means the law is applied in accordance with the intent of the
legislature, the promotion of fairness, and not soley in literal compliance with the words
of the statute.
, Interpretation of the law - ✅✅each code provision must be interpreted in regard to
relationship to other statutes, intent of legislative body, meanings of the words, and
scope of its effect.
Criminal law - ✅✅deals with violations of the criminal statutes. Such violations are
called crimes and are considered public wrongs against all people of the State of CA.
The consequence is prosecution. Punishment may include death, incarceration, fines,
removal or disqualification from office.
Civil law - ✅✅deals with non-criminal violations or private wrongs committed by one
person against another. Civil wrong is called a 'tort' or 'breach of contract'. The purpose
of civil law is to redress, or right a wrong. Consequences include monetary
compensation for the injured party, not including incarceration.
Tort by omission - ✅✅omission of an act or negligence may also be a tort if it violates
a legal duty owed to another person. Ex- Store owner failed to alert customers of
hazardous situation such as wet floor, resulting in injured person. Store owner's failure
to act could lead to civil action.
definition of a crime - ✅✅collective wrong or act of omission in violation of a law
elements of a crime - ✅✅The basic facts that must be proven by the prosecution to
sustain a conviction. The 'ingredients' of a crime.
Intent - ✅✅a mental state or frame of mind that the person knowingly did the
particular criminal act (break the law). Intent may be general, specific, or transferred.
The intent is proven by the totality of the circumstances.
General intent crimes - ✅✅Intent is presumed and does not have to be proven. Ex-
battery, arson, transportation of drugs, ex felon in possession of a firearm. Ignorance of
the law is not an excuse.
Specific intent crimes - ✅✅Intent must be proven and cannot be presumed. Ex-
burglary, kidnapping for ransom.
Transferred intent crimes - ✅✅When an unlawful act affects a person other than, or in
addition to, the person it was intended to affect, the intent becomes transferred intent.
Ex- defendant shot at intended victim with intent to kill them but instead killed a
bystander.
Criminal negligence - ✅✅In certain crimes, this meets the requirement of criminal
intent. Failure to exercise ordinary care and the act is aggravated or reckless and
constitutes indifference to the consequences.
4th amendment - ✅✅Protection from illegal or unreasonable search and seizure.
Right of the people to be secure in their persons, houses, papers, and effects against
unreasonable search and seizure.
Consensual contact/encounter - ✅✅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. No legal justification needed if the officer has a legal right to
be there.
Reasonable suspicion - ✅✅Standard to justify detention. Exists when an officer has
sufficient facts and info to make it reasonable to suspect that criminal activity may be
occurring and the person to be detained is connected to that activity. Ex- appearance of
person, actions, driving behaviors, knowledge of person's history, demeanor, time of
day, location, training/experience. Cannot be based on a hunch or instinct.
Probable cause - ✅✅To arrest 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.
Constitutional law - ✅✅Formed by the rules and provisions found in the federal and
state constitutions.
Statutory law - ✅✅or 'codified law' - consists of the written laws enacted by a
legislative body. (All crimes are statutory in CA. To be enforceable a law must be
written)
Case law - ✅✅'precedent' - to interpret the constitution and to clarify statutes.
Judicial review - ✅✅Protects the rights of the individual from unconstitutional
legislation when state or federal branches declare certain behavior to be criminal and
punishable by law.
Letter of the law - ✅✅means the law is strictly applied in accordance with the literal
meaning of the statute, leaving no room for interpretation.
Spirit of the law - ✅✅means the law is applied in accordance with the intent of the
legislature, the promotion of fairness, and not soley in literal compliance with the words
of the statute.
, Interpretation of the law - ✅✅each code provision must be interpreted in regard to
relationship to other statutes, intent of legislative body, meanings of the words, and
scope of its effect.
Criminal law - ✅✅deals with violations of the criminal statutes. Such violations are
called crimes and are considered public wrongs against all people of the State of CA.
The consequence is prosecution. Punishment may include death, incarceration, fines,
removal or disqualification from office.
Civil law - ✅✅deals with non-criminal violations or private wrongs committed by one
person against another. Civil wrong is called a 'tort' or 'breach of contract'. The purpose
of civil law is to redress, or right a wrong. Consequences include monetary
compensation for the injured party, not including incarceration.
Tort by omission - ✅✅omission of an act or negligence may also be a tort if it violates
a legal duty owed to another person. Ex- Store owner failed to alert customers of
hazardous situation such as wet floor, resulting in injured person. Store owner's failure
to act could lead to civil action.
definition of a crime - ✅✅collective wrong or act of omission in violation of a law
elements of a crime - ✅✅The basic facts that must be proven by the prosecution to
sustain a conviction. The 'ingredients' of a crime.
Intent - ✅✅a mental state or frame of mind that the person knowingly did the
particular criminal act (break the law). Intent may be general, specific, or transferred.
The intent is proven by the totality of the circumstances.
General intent crimes - ✅✅Intent is presumed and does not have to be proven. Ex-
battery, arson, transportation of drugs, ex felon in possession of a firearm. Ignorance of
the law is not an excuse.
Specific intent crimes - ✅✅Intent must be proven and cannot be presumed. Ex-
burglary, kidnapping for ransom.
Transferred intent crimes - ✅✅When an unlawful act affects a person other than, or in
addition to, the person it was intended to affect, the intent becomes transferred intent.
Ex- defendant shot at intended victim with intent to kill them but instead killed a
bystander.
Criminal negligence - ✅✅In certain crimes, this meets the requirement of criminal
intent. Failure to exercise ordinary care and the act is aggravated or reckless and
constitutes indifference to the consequences.
