RBC 1 - LDs 2, 3, 5, 15, 16, 20, 39
1. What is a constitution?: A 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
2. When did the U.S. Constitution become effective?: March 1789
3. Why was the U.S. Constitution established?: To "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."
4. When did California adopt its own Constitution?: 1879
5. What are the guaranteed rights of the Fourth Amendment?: Freedom
against unreasonable searches and seizures
6. What is reasonable suspicion?: The 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.
7. What is probable cause?: It 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.
8. When does a search occur?: When an expectation of privacy that society is
prepared to consider reasonable is infringed upon by the government
9. What is the seizure of a person?: Occurs when a peace officer physically
applies force to a person or when a person voluntarily submits to the officer's
authority.
10. What is the seizure of property?: Occurs when there is some meaningful
interference with an individual's possessory interest in that property by the
government.
, RBC 1 - LDs 2, 3, 5, 15, 16, 20, 39
11. What are the Fifth Amendment guaranteed rights?: Provides 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
12. What are the Sixth Amendment guaranteed rights?: Guarantees 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
13. What are the Fourteenth Amendment guaranteed rights?: Requires
peace officers to apply the law equally to all people regardless of race, creed,
nationality, religious preference, or national origin.
14 What does U.S. Code, Title 42, Section 1983 define?: This 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
15. What is "Under color of law"?: An 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.
16. What does U.S. Code, Title 18, Section 241 define?: If:
*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*
17. What does U.S. Code, Title 18, Section 242 define?: *Any person, acting
under color of any law*
*Willfully deprive any person of any legal right*
, RBC 1 - LDs 2, 3, 5, 15, 16, 20, 39
*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*
18. What does Penal Code Section 422.6[a] define?: This 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.
19. What is a consensual encounter?: A 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.
20. What are some appropriate actions a peace officer may take during a
consensual encounter?: Requesting information [including ID and personal
information]
Interviewing witnesses at the scene of a crime or accident
Conversing casually
Disseminating information
21. What is a detention?: An assertion of authority by a peace officer that would
cause a reasonable person to believe they are *not free to leave*. 22. What is
required to make a detention?: Reasonable suspicion
23. What is the basis for reasonable suspicion?: It may be based on
observation, personal training and experience, or information from
eyewitnesses, victims, or other officers [totality of circumstances]
24. What are some contributing factors to establish reasonable suspicion?:
Appearance or condition of a person
Actions [i.e. hiding objectives, furtive movements]
Driving behaviors
1. What is a constitution?: A 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
2. When did the U.S. Constitution become effective?: March 1789
3. Why was the U.S. Constitution established?: To "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."
4. When did California adopt its own Constitution?: 1879
5. What are the guaranteed rights of the Fourth Amendment?: Freedom
against unreasonable searches and seizures
6. What is reasonable suspicion?: The 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.
7. What is probable cause?: It 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.
8. When does a search occur?: When an expectation of privacy that society is
prepared to consider reasonable is infringed upon by the government
9. What is the seizure of a person?: Occurs when a peace officer physically
applies force to a person or when a person voluntarily submits to the officer's
authority.
10. What is the seizure of property?: Occurs when there is some meaningful
interference with an individual's possessory interest in that property by the
government.
, RBC 1 - LDs 2, 3, 5, 15, 16, 20, 39
11. What are the Fifth Amendment guaranteed rights?: Provides 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
12. What are the Sixth Amendment guaranteed rights?: Guarantees 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
13. What are the Fourteenth Amendment guaranteed rights?: Requires
peace officers to apply the law equally to all people regardless of race, creed,
nationality, religious preference, or national origin.
14 What does U.S. Code, Title 42, Section 1983 define?: This 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
15. What is "Under color of law"?: An 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.
16. What does U.S. Code, Title 18, Section 241 define?: If:
*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*
17. What does U.S. Code, Title 18, Section 242 define?: *Any person, acting
under color of any law*
*Willfully deprive any person of any legal right*
, RBC 1 - LDs 2, 3, 5, 15, 16, 20, 39
*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*
18. What does Penal Code Section 422.6[a] define?: This 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.
19. What is a consensual encounter?: A 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.
20. What are some appropriate actions a peace officer may take during a
consensual encounter?: Requesting information [including ID and personal
information]
Interviewing witnesses at the scene of a crime or accident
Conversing casually
Disseminating information
21. What is a detention?: An assertion of authority by a peace officer that would
cause a reasonable person to believe they are *not free to leave*. 22. What is
required to make a detention?: Reasonable suspicion
23. What is the basis for reasonable suspicion?: It may be based on
observation, personal training and experience, or information from
eyewitnesses, victims, or other officers [totality of circumstances]
24. What are some contributing factors to establish reasonable suspicion?:
Appearance or condition of a person
Actions [i.e. hiding objectives, furtive movements]
Driving behaviors
