CHP Criminal Law Basics 3

Question 1

California Penal Code §459 defines burglary as entering a structure with intent to commit:

Accepted Answer

Theft or any felony

Answer

PC §459 defines burglary as entering a building, room, or structure with the intent to commit theft or any felony therein.

Question 2

Under the Fourth Amendment, what is required before law enforcement can conduct a search of a person's home?

Accepted Answer

A search warrant supported by probable cause or a recognized exception

Answer

The Fourth Amendment requires a warrant based on probable cause to search a home, though recognized exceptions include consent, exigency, and plain view.

Question 3

Which of the following best describes the 'plain view' doctrine?

Accepted Answer

An officer may seize evidence in plain view if lawfully in the location and the incriminating nature is immediately apparent

Answer

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.

Question 4

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:

Accepted Answer

Search the entire vehicle if probable cause exists to believe it contains contraband

Answer

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.

Question 5

Under California Penal Code, petty theft involves property valued at:

Accepted Answer

$950 or less

Answer

California Penal Code §484/488 classifies theft of property valued at $950 or less as petty theft, a misdemeanor.

(CHP) California Highway Patrol Practice Test

(CHP) California Highway Patrol Practice Test

CHP Criminal Law Basics 3