Criminal Law Basics Flashcards

Which Miranda warning component informs a suspect of the right to have an attorney present during questioning?

Answer: 'You have the right to an attorney; if you cannot afford one, one will be appointed for you'

One of the four Miranda warnings specifically advises suspects of the right to counsel and that appointed counsel will be provided if they cannot afford one.

Under California law, a 'wobbler' offense is one that:

Answer: May be charged as either a felony or a misdemeanor depending on circumstances

A 'wobbler' is a crime that prosecutors may charge as either a felony or misdemeanor based on the facts, the defendant's history, and charging discretion.

When a CHP officer makes a lawful custodial arrest, what type of search is automatically permitted under the search incident to arrest doctrine?

Answer: Full search of the arrestee's person and area within immediate control

The search incident to arrest doctrine (Chimel v. California) allows officers to search the arrestee's person and the area within immediate control to ensure officer safety and prevent evidence destruction.

California Penal Code §664 governs 'attempts' to commit crimes. What percentage of the base sentence is typically imposed for an attempted offense?

Answer: 50% of the completed crime's sentence

Under PC §664, an attempt to commit most felonies carries half the sentence of the completed crime, recognizing that the harm was not fully realized.

Under the 'fellow officer rule,' a CHP officer may make an arrest based on information from another officer without personal observation of the crime, provided:

Answer: The collective knowledge of officers amounts to probable cause

The fellow officer rule allows arrest when the collective knowledge of law enforcement, taken together, establishes probable cause, even if the arresting officer alone lacks all the facts.

Robbery under California Penal Code §211 differs from theft primarily because robbery involves:

Answer: Taking property from a person by force or fear

Robbery is the felonious taking of property from a person against their will through force or fear — the personal confrontation element distinguishes it from simple theft.

A person is found with a controlled substance in their vehicle during a traffic stop. Under California Health & Safety Code §11350, simple possession of most controlled substances is classified as:

Answer: A misdemeanor under Prop 47 reforms

Proposition 47 (2014) reclassified simple possession of most controlled substances from a felony to a misdemeanor in California.