-
First Degree Burglary
460 PC
- Burglary of inhabited dwelling house
- vessel
- floating home
- trailer coach
- or the inhabited portion of an other building
-
Burglary (F)
459 PC
- Entry
- into a structure
- with the intent to commit
- petty theft, grand theft, or any felony
-
Embezzlement (M)
Felony if over $400 or public funds
PC 503
- Fraudulent appropriation of property of another by a person to whom it has been entrusted (a fiduciary relationship exists)
- There must be to deprive the owner of his/her property either permanently, or temporarily
- Crime is a felony, if value of property exceeds $400, or if public funds are appropriated
- No distinct act of taking is necessary (PC 509)
-
Defrauding an Innkeeper (M)
Obtaining Food, Services or Accommodations
Felony if goods or services exceed $400
537 (a) PC
- Obtain any food, fuel, services or accommodations
- at any hotel, inn, restaurant, boarding house, lodging house, apartment house, bungalow court, motel, marina, marine facility, auto camp, ski area, public or private campground
- without paying for same
- with intent to defraud
- Crime is a felony if goods or services exceed $400
-
Grand Theft - Vehicle (F)
487 (d) PC
- When the property taken is
- any motor vehicle, etc
-
Temporarily Taking Bicycle, Motorboat or Vessel (M)
499b PC
- Without the permission of the owner
- take any bicycle, motorboat or vessel
- for the purpose of temporarily operating or using same
-
Hallucinogens
Symptoms of Use
- Dilated pupils
- Excessive sweating
- Hallucinations
- Increased respiratory and heart rate
- Possible coma and death
-
Opiates (Heroin etc)
Symptoms of Use
- Symptoms include:
- Constricted pupils
- Drowsiness
- Slow and deliberate speech
- Droopy eyelids
- Raspy voice
- Tendency to scratch and itch
- Decreased respiration and heart rate
- Puncture wounds on the body
- Possible coma and death
-
Mariguana (Cannabis)
Symptoms of Use
- Symptoms may include:
- Reddening of the eyes
- Diminished inhibitions
- Body and/or eyelid tremors
- Dry mouth
- Debris in mouth
- Difficulty concentrating
- Disorientation
- Impaired time/distance perception
- Increased appetite
- Odor of burning marijuana
-
Alcohol
Symptoms of Use
- Alcohol produced intoxication affecting
- Reactions
- Judgement
- Vision
- Muscle control
- Loss of inhibitions
- Possible coma and death
-
Depressants
Symptoms of Use
- Slurred speech
- Poor coordination
- Unsteadiness
- Intoxicated behavior with no odor of alcoholic beverages
- Nystagmus
- Decreased respiratory and heart rate
-
Inhalants
Symptoms of Use
- Intoxication
- Euphoria
- Double vision, slurred speech, poor coordination
- Drowsiness
- Nystagmus
- Traces of substances on face or hands
-
Inhalants
Common Forms of Use
- Most commonly inhaled from:
- saturated cloth
- bags
- balloons
-
Phencyclidine (PCP)
Symptoms of Use
- High pain tolerance, great physical strength
- Hallucinations, unpredictability, aggresve and extremely violent behavior
- Excessive sweating, drowsiness, nystagmus
- Paranoia, confusion, blank stares
- Muscle rigidity, unusual gait or convulsions
- A possible chemical odor on the breath or body
-
Under Color of Law
Defined
- An action carried out
- as if under the authority of the law
- but that is actually done in violation of the law
-
Consensual Encounter
Defined
- A face-to-face encounter between a peace officer and an individual where the indiviaual
- is not obligated to cooperate or answer questions and
- is free to leave, and
- reasonably believes that he/she is free to leave
-
Detention
Defined
- When a peace officer uses authority to
- compel a person to halt, to remain in one place or to perform some act
- and occurs when a person being detained either knows or reasonably believes that he/she is not free to leave
-
Reasonable Suspicion
Defined
- Sufficient, specific, and articulable facts or circumstances
- know (or apparent) to an officer
- which would cause the officer to believe
- that a particular person was, is,
- or is about to be involved in criminal activity
-
Cursory Search, Pat-down or Frisk
Defined
- A limited protective search for concealed weapons or dangerous instruments
- while a person is legally detained
- limited in scope to the outer garments
- and based on a reasonable suspicion that the person may be armed or dangerous
-
Arrest
Defined
834 PC
- Taking a person into custody, in a case and in the manner authorized by law
- actual restraint of the person
- or the arrested person's submission to custody
-
Probable Cause (Reasonable Cause)
Defined
- A set of facts
- that would cause a person of ordinary care and prudence
- to honestly believe and strongly suspect that the person arrested
- may have committed a crime
-
Elements of an Arrest
Defined
- Arrest maybe made by peace officers or private person
- Arrestee must be taken into custody in a case and manner authorized by law
- Arrest may be made by used to effect an arrest, prevent escape or overcome resistance
-
Information That Must Be Given to an Arrested Person
841 PC
- The intention to arrest
- The cause or reason for the arrest
- The authority to make the arrest, unless the officer is in uniform
-
Peace Officer Authority to Make an Arrest (General Arrest Powers)
836(a) PC
- In obedience to a warrant
- When there is probable cause to believe the person has committed a public offense in the officer's presence
- The person has committed a felony but not in the officer's presence
- There is probable cause to believe the person has committed a felony, whether or not a felony has, in fact, been committed
-
Domestic Violence Assault and Battery Peace Officer's Authority to Arrest
836(d) PC
- A peace officer has probable cause
- to believe a person has committed assault or battery
- whether or not it has in fact been committed
- upon current or former spouse fiance(e), cohabitant dating or engagement partner
- or upon the actual or presumed parent of his or her child
- or any person 65 years or older who is related to the suspect by blood or legal guardianship
-
Arrest Warrant
Defined
- An order
- signed by a magistrate
- directed to a peace officer
- commanding that a person be taken into custody
- and brought before the court
-
Arrest Warrant Contents
- Name of person to be arrested
- Charges
- Bail
- Date of issuance
- Judge's signature
- Court jurisdiction
-
Officer's Requirements When Making An Arrest Pursuant to a Warrant
848 PC
- Proceed with the person arrested
- as commanded by the warrant
- or as provided by law
-
Forcible Entry: Legal Requirements for an Officer to Forcible Enter a Premise to Make an Arrest (Knock and Notice)
844 PC
- Peace officers (in all cases) and Private Persons (felony only)
- Demand admittance
- Explain purpose for which admittance is desired
- Give sufficient notice for occupants to peaceably admit officers
-
Forcible Entry: Process to Forcibly Enter a Premise to Make an Arrest (Knock and Notice)
844 PC
- Knock
- Identify as Peace Officer
- State purpose and authority
- Demand entry
- Wait for reasonable period before entry
-
Exceptions to Knock and Notice
844 PC
- Officers need not comply with "knock and notice" requirements if:
- There is danger to officers and others
- Hot pursuit or "fresh pursuit"
- Suspect may destroy evidence
- To forestall imminent escape
-
Private Person Arrest
837 PC
- A misdemeanor is committed in the person's presence
- or a felony has, in fact been committed, although not in the person's presence
- of a felony has, in fact been committed, and the person has probable cause to believe that the suspect committed it
-
Probable Cause to Search
defined
- Sufficient facts
- establishing a fair probability
- that particular evidence of a crime will be found
- during a search of a particular person, place object or location
-
Victim or Witness Intimidation (F)
136.1 PC
- Knowingly and maliciously
- attempts to prevent or dissuade
- or actually prevents or dissuades
- any victim or witness
- from attending or giving testimony at a court proceeding
- or from making a crime report
- to any peace officer, probation officer correctional officer, prosecuting agency or judge
-
Victim or Witness Threatening by Convicted Felon (F)
139 PC
- Any person convicted of felony in Penal Code 12021.1
- who willfully and maliciously communicates to a witness or victim
- of the crime for which person convicted
- a credible threat to use force or violence
- upon person or person's immediate family
-
Threat of Force or Violence Against Victim or Witness (F)
140 PC
- Willfully use or threaten
- to use force or violence
- upon a victim or witness to a crime
- or any other person
- because the person has provided assistance or information
- to law enforcement or prosecutor
- in a criminal proceeding
-
Willful Disobedience of a Court Order (M)
166(a)(4) PC
- Willful disobedience
- of any process or order
- legally issued
- by any court
-
Resisting Public Officers in the Discharge of Their Duties (M)
148 (a)(1) PC
- Willfully
- resist, delay, or obstruct
- any public officer, peace officer, or emergency medical technician
- in the discharge of their duties
-
Remove or Take Weapon Other Than Firearm From an Officer (F)
148 (b) PC
- During the commission of
- any offense described in penal code 148(a)
- remove or take
- any weapon other than a firearm
- from the person or immediate presence of
- a public officer or peace officer
-
Remove or Take Firearm From an Officer (F)
148(c) PC
- During the commission of
- any offense described in penal code 148(a)
- remove or take
- a firearm
- from the person or immediate presence of
- a public officer or peace officer
-
Attempt to Remove or Take an Officer's Firearm (F)
148(d) PC
- During the commission of any offense
- other than those described in penal code 148(a)
- take without intent to permanently deprive
- or attempt to remove or take
- a firearm
- from the person or immediate presence of
- a public officer or peace officer
-
Escape From Local Custody (M)
Felony if by force or violence resulting in serious injury to Peace Officer
836.6(a) PC
- Any person remanded to custody of sheriff, marshal or police agency
- who escapes
- or attempts to escape
-
Escape From Peace Officer (M)
Felony if by force or violence resulting in serious injury to Peace Officer
836.6(b) PC
- Any person
- who has been lawfully arrested by a peace officer, and
- who knows or should know he/she has been arrested
- escapes or attempts to escape
-
Escape From Prison by Force or Violence (F)
4530(a) PC
- State prisoner
- who by force or violence
- escapes or attempts to escape
- from prison
- or from transportation or road camp
-
Escape From Prison No Force or Violence (F)
4530(b) PC
- State prisoner
- who escapes or attempts to escape
- without force or violence
-
Lynching (F)
405a PC
- Take
- by means of a riot
- anyone
- from lawful custody of a peace officer
-
False Reporting of Criminal Offense (M)
148.5 PC
- Report
- to any specified peace officer
- or any employee authorized to accept reports
- or any prosecutor
- that a misdemeanor or felony has been committed
- knowing such report is false
-
Unlawfully Assembly (M)
407 PC
- Two or more persons
- assemble
- to do an unlawful act
- or a lawful act
- in a violent, boisterous, or tumultuous manner
-
Failure to Disperse (M)
416 PC
- Two or more persons
- assemble for the purpose of
- disturbing the peace
- or committing any unlawful act
- do not disperse
- on being commanded to do so
- by a public officer
-
Riot (M)
404 PC
- Two or more persons
- acting together
- with a common intent
- having used force or violence
- or threatened to use such force or violence
- with immediate power to execute such threat, and
- the act disturbs the public peace
-
Bring or Possess Firearm in a School Zone (F)
629.9(b) PC
- Bring or possess a firearm
- onto a school zone
- without the permission of the school district
- or other designated authority
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