Penal Codes

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Penal Codes
2013-04-01 19:16:10

Penal Codes for police
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  1. First Degree Burglary

    460 PC
    • Burglary of inhabited dwelling house
    • vessel
    • floating home
    • trailer coach
    • or the inhabited portion of an other building
  2. Burglary (F)

    459 PC
    • Entry
    • into a structure
    • with the intent to commit
    • petty theft, grand theft, or any felony
  3. Embezzlement (M)

    Felony if over $400 or public funds

    PC 503
    • Fraudulent appropriation of property of another by a person to whom it has been entrusted (a fiduciary relationship exists)
    • There must be to deprive the owner of his/her property either permanently, or temporarily
    • Crime is a felony, if value of property exceeds $400, or if public funds are appropriated
    • No distinct act of taking is necessary (PC 509)
  4. Defrauding an Innkeeper (M)

    Obtaining Food, Services or Accommodations

    Felony if goods or services exceed $400

    537 (a) PC
    • Obtain any food, fuel, services or accommodations
    • at any hotel, inn, restaurant, boarding house, lodging house, apartment house, bungalow court, motel, marina, marine facility, auto camp, ski area, public or private campground
    • without paying for same
    • with intent to defraud
    • Crime is a felony if goods or services exceed $400
  5. Grand Theft - Vehicle (F)

    487 (d) PC
    • When the property taken is
    • any motor vehicle, etc
  6. Temporarily Taking Bicycle, Motorboat or Vessel (M)

    499b PC
    • Without the permission of the owner
    • take any bicycle, motorboat or vessel
    • for the purpose of temporarily operating or using same
  7. Hallucinogens

    Symptoms of Use
    • Dilated pupils
    • Excessive sweating
    • Hallucinations
    • Increased respiratory and heart rate
    • Possible coma and death
  8. Opiates (Heroin etc)

    Symptoms of Use
    • Symptoms include:
    • Constricted pupils
    • Drowsiness
    • Slow and deliberate speech
    • Droopy eyelids
    • Raspy voice
    • Tendency to scratch and itch
    • Decreased respiration and heart rate
    • Puncture wounds on the body
    • Possible coma and death
  9. Mariguana (Cannabis)

    Symptoms of Use
    • Symptoms may include:
    • Reddening of the eyes
    • Diminished inhibitions
    • Body and/or eyelid tremors
    • Dry mouth
    • Debris in mouth
    • Difficulty concentrating
    • Disorientation
    • Impaired time/distance perception
    • Increased appetite
    • Odor of burning marijuana
  10. Alcohol

    Symptoms of Use
    • Alcohol produced intoxication affecting
    • Reactions
    • Judgement
    • Vision
    • Muscle control
    • Loss of inhibitions
    • Possible coma and death
  11. Depressants

    Symptoms of Use
    • Slurred speech
    • Poor coordination
    • Unsteadiness
    • Intoxicated behavior with no odor of alcoholic beverages
    • Nystagmus
    • Decreased respiratory and heart rate
  12. Inhalants

    Symptoms of Use
    • Intoxication
    • Euphoria
    • Double vision, slurred speech, poor coordination
    • Drowsiness
    • Nystagmus
    • Traces of substances on face or hands
  13. Inhalants

    Common Forms of Use
    • Most commonly inhaled from:
    • saturated cloth
    • bags
    • balloons
  14. Phencyclidine (PCP)

    Symptoms of Use
    • High pain tolerance, great physical strength
    • Hallucinations, unpredictability, aggresve and extremely violent behavior
    • Excessive sweating, drowsiness, nystagmus
    • Paranoia, confusion, blank stares
    • Muscle rigidity, unusual gait or convulsions
    • A possible chemical odor on the breath or body
  15. Under Color of Law

    • An action carried out
    • as if under the authority of the law
    • but that is actually done in violation of the law
  16. Consensual Encounter

    • A face-to-face encounter between a peace officer and an individual where the indiviaual
    • is not obligated to cooperate or answer questions and
    • is free to leave, and
    • reasonably believes that he/she is free to leave
  17. Detention

    • When a peace officer uses authority to
    • compel a person to halt, to remain in one place or to perform some act
    • and occurs when a person being detained either knows or reasonably believes that he/she is not free to leave
  18. Reasonable Suspicion

    • Sufficient, specific, and articulable facts or circumstances
    • know (or apparent) to an officer
    • which would cause the officer to believe
    • that a particular person was, is,
    • or is about to be involved in criminal activity
  19. Cursory Search, Pat-down or Frisk

    • A limited protective search for concealed weapons or dangerous instruments
    • while a person is legally detained
    • limited in scope to the outer garments
    • and based on a reasonable suspicion that the person may be armed or dangerous
  20. Arrest


    834 PC
    • Taking a person into custody, in a case and in the manner authorized by law
    • actual restraint of the person
    • or the arrested person's submission to custody
  21. Probable Cause (Reasonable Cause)

    • A set of facts
    • that would cause a person of ordinary care and prudence
    • to honestly believe and strongly suspect that the person arrested
    • may have committed a crime
  22. Elements of an Arrest

    • Arrest maybe made by peace officers or private person
    • Arrestee must be taken into custody in a case and manner authorized by law
    • Arrest may be made by used to effect an arrest, prevent escape or overcome resistance
  23. Information That Must Be Given to an Arrested Person

    841 PC
    • The intention to arrest
    • The cause or reason for the arrest
    • The authority to make the arrest, unless the officer is in uniform
  24. Peace Officer Authority to Make an Arrest (General Arrest Powers)

    836(a) PC
    • In obedience to a warrant
    • When there is probable cause to believe the person has committed a public offense in the officer's presence
    • The person has committed a felony but not in the officer's presence
    • There is probable cause to believe the person has committed a felony, whether or not a felony has, in fact, been committed
  25. Domestic Violence Assault and Battery Peace Officer's Authority to Arrest

    836(d) PC
    • A peace officer has probable cause
    • to believe a person has committed assault or battery
    • whether or not it has in fact been committed
    • upon current or former spouse fiance(e), cohabitant dating or engagement partner
    • or upon the actual or presumed parent of his or her child
    • or any person 65 years or older who is related to the suspect by blood or legal guardianship
  26. Arrest Warrant

    • An order
    • signed by a magistrate
    • directed to a peace officer
    • commanding that a person be taken into custody
    • and brought before the court
  27. Arrest Warrant Contents
    • Name of person to be arrested
    • Charges
    • Bail
    • Date of issuance
    • Judge's signature
    • Court jurisdiction
  28. Officer's Requirements When Making An Arrest Pursuant to a Warrant

    848 PC
    • Proceed with the person arrested
    • as commanded by the warrant
    • or as provided by law
  29. Forcible Entry: Legal Requirements for an Officer to Forcible Enter a Premise to Make an Arrest (Knock and Notice)

    844 PC
    • Peace officers (in all cases) and Private Persons (felony only)
    • Demand admittance
    • Explain purpose for which admittance is desired
    • Give sufficient notice for occupants to peaceably admit officers
  30. Forcible Entry: Process to Forcibly Enter a Premise to Make an Arrest (Knock and Notice)

    844 PC
    • Knock
    • Identify as Peace Officer
    • State purpose and authority
    • Demand entry
    • Wait for reasonable period before entry
  31. Exceptions to Knock and Notice

    844 PC
    • Officers need not comply with "knock and notice" requirements if:
    • There is danger to officers and others
    • Hot pursuit or "fresh pursuit"
    • Suspect may destroy evidence
    • To forestall imminent escape
  32. Private Person Arrest

    837 PC
    • A misdemeanor is committed in the person's presence
    • or a felony has, in fact been committed, although not in the person's presence
    • of a felony has, in fact been committed, and the person has probable cause to believe that the suspect committed it
  33. Probable Cause to Search

    • Sufficient facts
    • establishing a fair probability
    • that particular evidence of a crime will be found
    • during a search of a particular person, place object or location
  34. Victim or Witness Intimidation (F)

    136.1 PC
    • Knowingly and maliciously
    • attempts to prevent or dissuade
    • or actually prevents or dissuades
    • any victim or witness
    • from attending or giving testimony at a court proceeding
    • or from making a crime report
    • to any peace officer, probation officer correctional officer, prosecuting agency or judge
  35. Victim or Witness Threatening by Convicted Felon (F)

    139 PC
    • Any person convicted of felony in Penal Code 12021.1
    • who willfully and maliciously communicates to a witness or victim
    • of the crime for which person convicted
    • a credible threat to use force or violence
    • upon person or person's immediate family
  36. Threat of Force or Violence Against Victim or Witness (F)

    140 PC
    • Willfully use or threaten
    • to use force or violence
    • upon a victim or witness to a crime
    • or any other person
    • because the person has provided assistance or information
    • to law enforcement or prosecutor
    • in a criminal proceeding
  37. Willful Disobedience of a Court Order (M)

    166(a)(4) PC
    • Willful disobedience
    • of any process or order
    • legally issued
    • by any court
  38. Resisting Public Officers in the Discharge of Their Duties (M)

    148 (a)(1) PC
    • Willfully
    • resist, delay, or obstruct
    • any public officer, peace officer, or emergency medical technician
    • in the discharge of their duties
  39. Remove or Take Weapon Other Than Firearm From an Officer (F)

    148 (b) PC
    • During the commission of
    • any offense described in penal code 148(a)
    • remove or take
    • any weapon other than a firearm
    • from the person or immediate presence of
    • a public officer or peace officer
  40. Remove or Take Firearm From an Officer (F)

    148(c) PC
    • During the commission of
    • any offense described in penal code 148(a)
    • remove or take
    • a firearm
    • from the person or immediate presence of
    • a public officer or peace officer
  41. Attempt to Remove or Take an Officer's Firearm (F)

    148(d) PC
    • During the commission of any offense
    • other than those described in penal code 148(a)
    • take without intent to permanently deprive
    • or attempt to remove or take
    • a firearm
    • from the person or immediate presence of
    • a public officer or peace officer
  42. Escape From Local Custody (M)

    Felony if by force or violence resulting in serious injury to Peace Officer

    836.6(a) PC
    • Any person remanded to custody of sheriff, marshal or police agency
    • who escapes
    • or attempts to escape
  43. Escape From Peace Officer (M)

    Felony if by force or violence resulting in serious injury to Peace Officer

    836.6(b) PC
    • Any person
    • who has been lawfully arrested by a peace officer, and
    • who knows or should know he/she has been arrested
    • escapes or attempts to escape
  44. Escape From Prison by Force or Violence (F)
    4530(a) PC
    • State prisoner
    • who by force or violence
    • escapes or attempts to escape
    • from prison
    • or from transportation or road camp
  45. Escape From Prison No Force or Violence (F)

    4530(b) PC
    • State prisoner
    • who escapes or attempts to escape
    • without force or violence
  46. Lynching  (F)
    405a PC
    • Take
    • by means of a riot
    • anyone
    • from lawful custody of a peace officer
  47. False Reporting of Criminal Offense  (M)

    148.5 PC
    • Report
    • to any specified peace officer
    • or any employee authorized to accept reports
    • or any prosecutor
    • that a misdemeanor or felony has been committed
    • knowing such report is false
  48. Unlawfully Assembly (M)

    407 PC
    • Two or more persons
    • assemble
    • to do an unlawful act
    • or a lawful act
    • in a violent, boisterous, or tumultuous manner
  49. Failure to Disperse (M)

    416 PC
    • Two or more persons
    • assemble for the purpose of
    • disturbing the peace
    • or committing any unlawful act
    • do not disperse
    • on being commanded to do so
    • by a public officer
  50. Riot (M)

    404 PC
    • Two or more persons
    • acting together
    • with a common intent
    • having used force or violence
    • or threatened to use such force or violence
    • with immediate power to execute such threat, and
    • the act disturbs the public peace
  51. Bring or Possess Firearm in a School Zone (F)

    629.9(b) PC
    • Bring or possess a firearm
    • onto a school zone
    • without the permission of the school district
    • or other designated authority