RBC 1 STUDY GUIDE
case law - Answers -Court opinions that are issued over time through the power of
judicial review
circumstantial evidence - Answers -Evidence that does not prove a fact directly, but
rather is personal knowledge or observations from which deductions are drawn
consent search - Answers -Search conducted with consent that is voluntary and
obtained from a person with the authority to give that consent
contemporaneous - Answers -Search conducted at or near the time of arrest, although
either can precede the other, at or near the place of the arrest, and while the arrestee is
still on the scene
curtilage - Answers -Relatively small and usually well-defined area immediately around
a residence to which the private activities of the home extend, and in which the owner
has an expectation of privacy
custodial arrest - Answers -Arrest in which the suspect will be transported to a station,
jail, detox center, juvenile hall, or school
custodial lineup - Answers -Identification procedure in which the victim or witness to a
crime is asked to look at a number of individuals within a custodial environment in an
attempt to identify the suspect (also known as a physical lineup)
direct evidence - Answers -Evidence that proves a fact directly, without an inference or
presumption (e.g., the sale of a controlled substance to an undercover officer)
evanescent evidence - Answers -Evidence that will change or be lost over time
exigent circumstances - Answers -An emergency situation requiring swift action to
prevent imminent danger to life, serious danger to property, imminent escape of a
suspect, or the
destruction of evidence
field showup - Answers -Viewing of a suspect by the victim or witness that commonly
occurs in the field shortly after a crime has been committed
public access area - Answers -Any area that the general public or some members of the
public have been given either express or implied permission to be in
reasonable expectation of privacy - Answers -When individuals have indicated that they
personally (subjectively) expect privacy in the object or area, and their expectation is
one which society is prepared to recognize as legitimate
,reasonable inference - Answers -Act of drawing a conclusion from a fact; it is similar to
making a presumption (e.g., seeing smoke and inferring there is a fire)
search - Answers -Governmental infringement or intrusion upon an expectation of
privacy that society is prepared to consider reasonable
search warrant - Answers -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 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)
seizure of a person - Answers -Peace officer's physical application of force, or a
person's voluntary submission to a peace officer's authority
seizure of property - Answers -Meaningful interference with an individual's possessory
interest in that property by the government
stable evidence - Answers -Evidence that will not change over time
standing - Answers -When a person has a legitimate possessory interest or relationship
over an object or area
subjective expectation of privacy - Answers -A person's state of mind demonstrated by
affirmative action designed to protect their privacy
valid consent - Answers -A person can give permission for search of areas/items within
their control
vehicle inventory - Answers -Procedure peace officers use to account for personal
property in a vehicle that is about to be impounded or stored
voluntary consent - Answers -An act of free will and not the result of duress or coercion
To establish probable cause to search peace officers must be able to articulate how and
why they have a fair probability to believe: - Answers -- a crime has occurred or is about
to occur
- evidence pertaining to the crime exists
- the evidence is at the location they wish to search
The 4th amendment provides for: - Answers -The people to be secure in their persons,
houses, papers and effects against unreasonable searches and seizures and no
warrants shall issue, but upon probable cause supported by oath or affirmation
particularly describing the place to be searched and the persons or things to be seized
,Reasonable expectation of privacy exists as long as: - Answers -- Individuals have
indicated that they personally expect privacy in their object or area
- their expectation is on which society is prepared to recognize as legitimate
1524 PC presents statutory grounds for issuance of a search order when the property or
thing: - Answers -- was stolen or embezzled (1524(a)(1)
- was used as the means of committing a felony (1524(a)(2)
- is in the possession of any person with the intent to use it as a means of committing a
public offense, or in the possession of another to whom the item may have been
delivered for the purpose of concealing it or preventing its being discovered (1524(a)(3)
- constitutes evidence that tends to show a felony has been committed, or tends to
show that a particular person has committed a felony (1524(a)(4)
- consists of evidence that thens to show that sexual exploitation of a child or the
possession of matter depicting sexual conduct of a child has occurred or is occurring
(1524(a)(5)
- when there is a warrant to arrest the person (1524(a)(6)
- is a sample of blood that constitutes evidence that tends to show a violation of VC
23140, 23152 or 23153 and the person from whom the sample is being sought has
refused an officer's request to submit to, or has failed to complete, a blood test as
required by section VC 23612 and the sample will be drawn from the person in a
reasonable, medically approved manner (1524(a)(13)
- are controlled substances or a device, contrivance, instrument or paraphernalia used
for unlawfully using or administering a controlled substance pursuant to the authority
described in section 11472 HSC (1524(a)(16)
The following must appear in a search warrant: - Answers -- Names of all those who
have sworn to the presented facts as probable cause are true
- The statutory grounds for issuing the warrant
- Description of the places and/or persons to be searched
- Description of the things or property to be seized
- The magistrates signature
- The date issued
- An indication by magistrate if nighttime service is authorized
, 1529 and 1533 PC
For a search warrant, peace officers must articulate probable cause that - Answers -- A
crime has been committed
- Evidence concerning that crime or the identity of the perpetrator is located at the place
to be searched
implied consent - Answers -By obtaining a driver's license in California a person has
agreed to chemical testing without a warrant (i.e., blood, breath, urine)
knock and notice - Answers -Before entering a dwelling to serve a search warrant,
officers must give notice to persons inside through certain actions
motor vehicle - Answers -Self-propelled vehicle (e.g., automobiles, airplanes, buses,
recreational vehicles, carts, etc.)
nexus - Answers -A reasonable connection or link between two or more items
objective reasonableness - Answers -Whether society is prepared to recognize an
individual's expectation of privacy as reasonable
open fields - Answers -Outdoor real property, outside the curtilage of the residence
overflight - Answers -Flight of a plane or helicopter over a given area
parole - Answers -Extension of a felon's sentence, that is, an additional specific period
of time (usually three years) which a person must serve on the "outside" after having
completed the actual prison sentence
passenger compartment - Answers -Passenger Compartment can be considered to
include all areas accessible to occupants within the vehicle
photographic spread - Answers -Identification procedure in which the victim or witness
to a crime is asked to look at a number of photographs in an attempt to identify the
suspect (also known as a photographic lineup)
plain view - Answers -Objects in the line of sight of an officer who has the right to be in
that position are subject to seizure without a warrant if the officer has lawful access to
the object(s)
probable cause exception - Answers -Warrantless vehicle search based on probable
cause that the vehicle contains contraband or evidence of a crime. Also referred to as
the "automobile exception," or the "vehicle exception"
