FREE PC 832 Legal Authority & Foundations Questions and Answers
Which of the following is required for a lawful arrest to occur?
A lawful arrest requires probable cause, which means the officer has sufficient facts or evidence to believe that the suspect has committed a crime. A warrant is not always required, especially for arrests made in public for felonies or certain misdemeanors. Consent from the suspect is never required for an arrest.
When can a peace officer lawfully conduct a search without a warrant?
Following an arrest based on probable cause, a peace officer can lawfully conduct a search incident to arrest to check for weapons or evidence. Reasonable suspicion alone does not authorize a search; it only justifies a detention or investigation. A consensual encounter doesn’t justify a search unless the individual consents to it.
What is the main difference between a felony and a misdemeanor under California law?
The key distinction between a felony and a misdemeanor is the punishment. Felonies are generally punishable by imprisonment in state prison for more than one year, while misdemeanors carry a maximum penalty of less than one year in county jail. The level of violence or the type of crime (property vs. injury) does not define this distinction.
What is "reasonable force" in the context of making an arrest?
"Reasonable force" is defined as the amount of force that a reasonable officer would use under the circumstances. The use of force must be justified based on the situation, and excessive force can lead to legal consequences. It’s not limited to verbal commands, and causing no injury is not a requirement for force to be considered reasonable.
Under the Fourth Amendment, which of the following protects individuals from unreasonable searches and seizures?
The Fourth Amendment protects against unreasonable searches and seizures. The exclusionary rule ensures that evidence obtained in violation of this amendment cannot be used in court. Probable cause justifies searches, but it's not the protection itself. Miranda rights relate to self-incrimination, and due process ensures fair legal proceedings.