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RBC 1 CALIFORNIA P.O.S.T TEST STUDY GUIDE
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RBC 1 CALIFORNIA P.O.S.T TEST STUDY GUIDE
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RBC 1 CALIFORNIA P.O.S.T TEST STUDY GUIDEAmendment I : restrictions on powers of Congress - answer- 1. separation of church
and state
2. government cannot endorse any religion
3. all individuals must be allowed to worship or not worship as they choose
4. all individuals have the right to freedom of expression of their ideas (I. E., Freedom of
speech, press, and assembly)
5. individuals who feel they have been wronged have the right to petition the
government to rectify the circumstances
Amendment IV - searches, seizures, and warrants - answer- 1. Unreasonable searches
and seizures are not allowed
2. Search and arrest warrants must show probable cause and must specifically identify
items or individuals to be searched or seized
Amendment V - Criminal proceedings, condemnation of property - answer- 1. Protection
against a second prosecution after acquittal or conviction (double Jeopardy)
2. Protection against self-incrimination
3. Due process before legal actions
Amendment VI - Mode of trial in criminal proceedings - answer- Individuals who have
been accused of a crime have the right to:
1. A speedy and public trial by a jury
2. Be informed of the accusations against them
3. Confront their accusers
4. Subpoena witnesses for their defense
5. Have legal counsel
Amendment VIII - Bails, fines, punishments - answer- 1. Excess of Vails and fines are
not allowed
2. Punishment must be reasonable based on the crime
Amendment XIV - Citizenship, due process, and equal protection - answer- No state
may:
1. Limit privileges or immunities of US citizens
2. Denied due process of the law to any person
3. Deny equal protection of the law to any person
Federal Agencies - answer- 1. US department of homeland security
2. Federal Bureau of investigation
3. drug enforcement administration
4. US marshals service immigration and customs enforcement
, 5. alcohol, tobacco, and firearms division
6. secret service
7. US postal inspectors
8. Armed Forces police
Constitutional Law - answer- The rules and provisions which are found in federal and
state constitutions specifically the bill of rights
Statutory Law - answer- The laws which are in acted by legislative body and recorded in
the various state, county, or municipal codes.
California codes most likely to be encountered by law-enforcement officers are: -
answer- • Penal Code
• Vehicle Code
• Welfare and Institutions Code
• Health and Safety Code
• Evidence Code
• Business and Professions Code
• California Code of Regulations
• Fish and Game Code
• Government Code
• Education Code
The primary purposes of case law are to: - answer- -Interpret the Constitution
-Clarify statutes
Case Law - answer- Laws which are based on previous Appellate Court decisions that
have become binding on the lower court decisions.
Letter of the Law - answer- When the law is applied in accordance with the literal
meaning of the statute, leaving no room for interpretation
The Spirit of the Law - answer- Interpreting law in accordance with the intent of the
legislative body rather than the literal meaning of the words of the statute
Interpretation of the law - answer- although California criminal law is required to be
statutory, each code provision must be interpreted with regard to:
• its relationship to other statutes
• the intent of the legislative body
• the meaning of the words
• the scope of its effect
Criminal Law - answer- Deals with violations of the criminal statutes. Such violations are
called crimes and are considered public wrongs against all the people of the state of
California.
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