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FORM i346

NOTES – G346
Continuum of Force:
• Steps that lead to shooting

1. Lack of Capacity
a. Insanity
b. Age <14
c. Intoxication
d. Incapacitated
2. Miscellaneous
a. Mistaken ID
b. Alibi
c. Self Defence
d. Mistake of Law
e. Distress
f. Consent
g. Statue of Limitation
i. Misdemeanour
1. One Year to Report
ii. Felony
1. 3 Years to Report

• Initial Response
• Person to take report
• Traffic Enforcement
• Responsible for Testifying in court
i. Regarding His/Her Actions
• Enforcing State & Federal laws

You have 3 Types of Law:
I. Federal
II. State (Civil, Penal, Vehicle, Criminal, ecc)
III. Municipal

You maybe charged with a crime, even if in illegal detention

Hot Prowl Burglary:
• Burglar who goes into occupied residence

Administrative Investigation
Criminal Investigation
Civil Suit
Federal Civil Rights suit
FORM i346
NOTES – G346
RAP Sheet Arrests: Record of Arrest and Prosecution
POST: Police Officers Standardized Training
• Required par, 832.3)

Types of Codes:
• B&P (Business and Professions)
• H&S (Health and Safety)
• WIC (Welfare Institute Code)
o Applies only to Minors (<18)

Miranda Rights:
• Under Arrest
• Need to be interrogated
o Waiver
 Express
• Asking with Consent
 Implied
• Asks w/o Consent

Bail: set fee, Money kept until court is over
Bond: Give Bondsman something worth 20K (Lean on House, ecc)

Exclusionary Rule:
• If a search is Proper

• If person lies under oath, Officer may use what is said against

• Certain Restitutions
• Search Conditions
o Maybe searched at ANY time

Plain View
• Not Considered a search/Observation of crime related Evidence

• Police allowed to use dogs

5 Conditions of Admissibility

Collection of Evidence, 4 Necessities
FORM i346
NOTES – G346
Hearsay, 4 Common Exceptions
• Kinds of Evidence
o Direct
o Circumstantial
o Testimonial
 Factual
 Expert
 Opinion
o Demonstrative
o Documentary
o Miscellaneous Evidence
 Judicial
 Stipulation
 Presumption

Knock & Notice, Night Time Service

Plain View/Smell, Not considered a search

Impound Vehicle (Reasons for Inventory)
• Protection of Owners Property
• Protection of Police against stolen property, ecc
• Officer Safety

Community Caretaking (Williams) – To Tow Car

• Agreement between opposing counsel that evidence is
fair/agreed upon
o Presumption
 Without Proof of Example
o Inference
 Conclusion of Jury

Hearsay (Info via 3rd Party)
• Dieing Declarations
• Spontaneous
• Admissions/Confessions
• Official Records
o RAP Sheet

Collection of Evidence (4 Necessities)
• Who
FORM i346
NOTES – G346
• What
• When
• Where

Private Communication
• Lawyer/Client
• Doctor/Patient
• Priest/Parishioner
• Husband/Wife
o Exception
 3rd Party Present

Daharo, 4 Years, Social Services Division

WIC: Welfare Institute Code
PET: Psychological Evaluation Team
1. Gravely Disabled
2. Unable to care for Him/Herself(s)
3. Danger to self or others

You maybe detained, legally for 72 Hours
601(a) WIC: Minor who repeatedly disobeys parents. May become ward
of courts

NO2 when installed is ILLEGAL
FORM i346
NOTES – G346
Car maybe impounded for up to 30 days

666: Petty Theft with a Prior
594: Vandalism
415: Disturbance
148: Obstructing Police Officer
5150: Danger to Self or Others via Mental Disorder
830: Definition of a Police Officer
830.1: Defines Duties of a Police Officer
831.7: Defines who is/isn’t a Police Officer
832.5: Complaint Procedure
833: Permits for Search warrants
836: Authority to make Arrest
832.3: POST
2800.1: Describes a Pursuit
2800.2: Felony Evading
17004: Police Exemption (Certain Codes)
40300/40300.5: Gives legal right for Police to arrest “Off Site”
3067PC: Authorizes Probate Search
23103(a): Defines Reckless Driver
FORM i346
NOTES – G346
• Any person on road with disregard for safety
23103(b): Defines Reckless Driver on Private Property
23109(a): Speed race w/ timed clock
27156(b): Any adjustment to the emissions of vehicle
24004: Unlawful operation of Vehicle