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
Under California Penal Code §182, a 'conspiracy' requires which essential elements?
Answer: An agreement between two or more persons plus at least one overt act in furtherance
California conspiracy requires (1) an agreement between two or more people to commit a crime and (2) at least one overt act by a conspirator in furtherance of the plan.
When an officer uses the 'Terry stop' (stop-and-frisk) standard, the pat-down for weapons is justified by:
Answer: Reasonable articulable suspicion that the person is armed and dangerous
Terry v. Ohio established that an officer may pat down a person for weapons during an investigative stop when there is reasonable articulable suspicion the person may be armed and dangerous.
California's 'Three Strikes' law under Penal Code §667 mandates a minimum sentence of 25 years to life when a defendant:
Answer: Is convicted of a serious or violent felony with two prior serious or violent felony convictions
Three Strikes applies when a defendant with two prior serious or violent felony 'strikes' is convicted of a new serious or violent felony, triggering a 25-years-to-life mandatory minimum.
Which of the following constitutes 'constructive possession' of a controlled substance?
Answer: Knowing of drugs in a location one has dominion and control over, even if not physically present
Constructive possession means a person knows of the substance's presence and has the ability to exercise dominion or control over it, even without actual physical possession.
Under California law, vehicular manslaughter (PC §192(c)) while intoxicated is elevated to gross vehicular manslaughter when the driver acts with:
Answer: Gross negligence — a reckless disregard for human life
Gross vehicular manslaughter while intoxicated requires that the driver act with gross negligence — conduct that creates a high risk of death or great bodily injury that a reasonable person would recognize.
A CHP officer witnesses a felony in progress. Under California Penal Code §836, the officer:
Answer: May arrest the person without a warrant
PC §836 authorizes a peace officer to arrest a person without a warrant when the officer has probable cause to believe the person committed a felony, whether or not in the officer's presence.
Under the 'good faith exception' to the exclusionary rule established in United States v. Leon, evidence obtained with a defective warrant may still be admissible if:
Answer: Officers reasonably and objectively relied on the warrant in good faith
The good faith exception allows admission of evidence obtained with a defective warrant when officers reasonably relied on it, since exclusion would not deter honest police mistakes.