RBC 2 Study Guide
case law - CORRECT ANSWER-Court opinions that are issued over time
through the power of judicial review
circumstantial evidence - CORRECT ANSWER-Evidence that does not prove a
fact directly, but rather is personal knowledge or observations from which
deductions are drawn
consent search - CORRECT ANSWER-Search conducted with consent that is
voluntary and obtained from a person with the authority to give that consent
contemporaneous - CORRECT ANSWER-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 - CORRECT ANSWER-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 - CORRECT ANSWER-Arrest in which the suspect will be
transported to a station, jail, detox center, juvenile hall, or school
custodial lineup - CORRECT ANSWER-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 - CORRECT ANSWER-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 - CORRECT ANSWER-Evidence that will change or be lost
over time
,exigent circumstances - CORRECT ANSWER-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 - CORRECT ANSWER-Viewing of a suspect by the victim or
witness that commonly occurs in the field shortly after a crime has been
committed
implied consent - CORRECT ANSWER-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 - CORRECT ANSWER-Before entering a dwelling to serve a
search warrant, officers must give notice to persons inside through certain
actions
nexus - CORRECT ANSWER-A reasonable connection or link between two or
more items
objective reasonableness - CORRECT ANSWER-Whether society is prepared to
recognize an individual's expectation of privacy as reasonable
open fields - CORRECT ANSWER-Outdoor real property, outside the curtilage of
the residence
overflight - CORRECT ANSWER-Flight of a plane or helicopter over a given area
parole - CORRECT ANSWER-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 - CORRECT ANSWER-Passenger Compartment can
be considered to include all areas accessible to occupants within the vehicle
,photographic spread - CORRECT ANSWER-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 - CORRECT ANSWER-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 - CORRECT ANSWER-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"
probable cause plus - CORRECT ANSWER-Additional show of need, beyond the
usual probable cause, required for bodily intrusion warrants
probable cause to search - CORRECT ANSWER-Enough credible information to
provide a fair probability that the object the peace officers seek will be found at
the place they want to search
probation - CORRECT ANSWER-Sentencing alternative for a person convicted
of a criminal offense granted at a judge's discretion
protective search of a vehicle - CORRECT ANSWER-Limited warrantless search
of the passenger compartment of a vehicle for weapons
protective sweep - CORRECT ANSWER-Brief search of a house or building to
look for individuals only
public access area - CORRECT ANSWER-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 - CORRECT ANSWER-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 - CORRECT ANSWER-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 - CORRECT ANSWER-Governmental infringement or intrusion upon an
expectation of privacy that society is prepared to consider reasonable
search warrant - CORRECT ANSWER-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 - CORRECT ANSWER-Peace officer's physical application of
force, or a person's voluntary submission to a peace officer's authority
seizure of property - CORRECT ANSWER-Meaningful interference with an
individual's possessory interest in that property by the government
stable evidence - CORRECT ANSWER-Evidence that will not change over time
standing - CORRECT ANSWER-When a person has a legitimate possessory
interest or relationship over an object or area
subjective expectation of privacy - CORRECT ANSWER-A person's state of mind
demonstrated by affirmative action designed to protect their privacy
valid consent - CORRECT ANSWER-A person can give permission for search of
areas/items within their control
vehicle inventory - CORRECT ANSWER-Procedure peace officers use to
account for personal property in a vehicle that is about to be impounded or stored
voluntary consent - CORRECT ANSWER-An act of free will and not the result of
duress or coercion
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