Criminal Law Basics Flashcards
7 cards from real CHP practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Criminal Law Basics flashcards as text
California Penal Code §459 defines burglary as entering a structure with intent to commit:
Answer: Theft or any felony
PC §459 defines burglary as entering a building, room, or structure with the intent to commit theft or any felony therein.
Under the Fourth Amendment, what is required before law enforcement can conduct a search of a person's home?
Answer: A search warrant supported by probable cause or a recognized exception
The Fourth Amendment requires a warrant based on probable cause to search a home, though recognized exceptions include consent, exigency, and plain view.
Which of the following best describes the 'plain view' doctrine?
Answer: An officer may seize evidence in plain view if lawfully in the location and the incriminating nature is immediately apparent
The plain view doctrine allows seizure of evidence without a warrant when an officer is lawfully present, the item is in plain view, and its incriminating character is immediately apparent.
A CHP officer stops a vehicle for a broken tail light and notices drug paraphernalia in plain sight on the seat. Under the automobile exception, the officer may:
Answer: Search the entire vehicle if probable cause exists to believe it contains contraband
The automobile exception allows a warrantless search of the entire vehicle — including containers — when probable cause exists to believe it contains evidence of a crime.
Under California Penal Code, petty theft involves property valued at:
Answer: $950 or less
California Penal Code §484/488 classifies theft of property valued at $950 or less as petty theft, a misdemeanor.
What is the legal doctrine of 'exigent circumstances' as it applies to warrantless entries by CHP officers?
Answer: Urgent situations — like hot pursuit, imminent harm, or evidence destruction — justify warrantless entry
Exigent circumstances allow warrantless entry when there is an emergency, hot pursuit of a fleeing felon, or imminent destruction of evidence.
In California, the crime of 'battery' under Penal Code §242 is defined as:
Answer: Willful and unlawful use of force or violence upon another person
PC §242 defines battery as any willful and unlawful use of force or violence upon another person — actual harmful injury is not required.