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ACSO POST RBC Test #1 Laws Of Arrest – Q&A
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ACSO POST RBC Test #1 Laws Of Arrest – Q&A
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ACSO POST RBC Test #1 Laws Of Arrest – Q&AFifth Amendment ✔️Ans -double jeopardy and self incrimination, rights
of miranda to prevent against self incrimination
6th Amendment ✔️Ans -Right to a fair, speedy trial, right to counsel ,
right to confront witness
14th Amendment ✔️Ans -Declares that all persons born in the U.S. are
citizens and are guaranteed equal protection of the laws
US Code, Title 42, Section 1983 ✔️Ans -Permits a civil rights suit seeking
monetary damages to be awarded to anyone who proves, in a court of law,
that they were deprived of some legal right through governmental action,
that is, by a person acting under color of law
U.S. Code, title 18, section 241, Conspiracy. ✔️Ans -Summary of
Conspiracy:
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.
Note: Differing definitions under state and federal law.
Meaning for me: I can be prosecuted criminally if I conspire with another
person to deprive individuals rights.
Responsibility for me: Legal obligation to protect the rights of all people
from internal corruption and my own potential for corruption.
Penal Code 422.6 (a) ✔️Ans -hate crime felony, must prove intent
4th Amendment ✔️Ans -Freedom from unreasonable searches and
seizures
Consensual Encounter ✔️Ans -A face-to-face contact between a private
individual and a peace officer under circumstances that would cause a
, reasonable person to believe that they are free to leave or otherwise not
cooperate
during a casual encounter you can.. ✔️Ans -request information,
interview witness at scene of a crime or accident, converse casually, spread
information
Elevating Actions ✔️Ans -anything that elevates a casual encounter to a
detention, hey stop, using your car so they can't leave, using accusatory
questioning or tone, demanding or keeping ones id.
violating a consensual encounter can lead to ✔️Ans -violation of 4th
amendment rights, suppression of evidence, civility liable, criminally
prosecuted for false imprisonment,
detention ✔️Ans -a lawful detention requires reasonable suspicion of
criminal activity that has taken place, is taken place, or is about to.
Reasonable Suspicion ✔️Ans -is when a peace officer has enough facts
and circumstances present to make it reasonable to suspect criminal
activity is afoot and the person detained is connected.
must be specific facts, cannot be a hunch or instinct.
reasonable suspicion factors ✔️Ans -fugitive movements, intoxication,
resemblance to wanted person, running from crime scene, hiding objects,
knowledge of criminal history, demeanor, non responsive or nervous, time
of day, location of stop, TOTALITY OF CIRCUMSTANCES. The more of these
present the stronger your case for a legal detention.
tips from sources ✔️Ans -reliable can equal detention, anonymous is not
enough without collaboration or other indications of reliability
during a detention ✔️Ans -ID suspect, question about activity and
conduct, contact witnesses to confirm explanations, warrant check, check
premises examine objects contact neighbors to determine if crime occurred
IE burglary, bring victim to suspect for id purposes.
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