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  • 8th Amendment to the U.S. Constitution – Bail & Punishment
    8th Amendment to the U.S. Constitution – Bail & Punishment

    James Madison is credited as being “the Father of the Bill of Rights.” The Bill of Rights is the first 10 amendments of the U.S. Constitution. Madison authored the Bill of Rights, and in 1791 it was ...

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  • Use of Tear Gas and Pepper Spray in California
    Use of Tear Gas and Pepper Spray in California

    California – Tear Gas/Pepper Spray in California and When May Minors Possess Tear Gas and Liability for Misuse - Penal Code § 22810 In California, people may possess and use “Pepper Spray” and other ...

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  • Infractions, Misdemeanors, Felonies, and Wobblers
    Infractions, Misdemeanors, Felonies, and Wobblers

    As an Oakland Police Officer in the Academy, we learned the definitions of crimes. We also learned that the classification of a crime as an infraction, misdemeanor, felony, or wobbler is based on the ...

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  • Making a Citizen’s Arrest in California
    Making a Citizen’s Arrest in California

    In most situations, an arrest made without an arrest warrant for a misdemeanor offense that was not committed in the presence of police is unlawful and a violation of the Penal Code and the 4 th ...

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  • The Child Abuse and Neglect Reporting Act (CANRA)
    The Child Abuse and Neglect Reporting Act (CANRA)

    In California, certain legal “privileges” exist. For example, attorney-client privilege, spousal-privilege, doctor-patient privilege, psychotherapist-patient privilege, and several others. A legal ...

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  • Misdemeanor Bail: Innocent Until Proven Guilty (Convicted)
    Misdemeanor Bail: Innocent Until Proven Guilty (Convicted)

    Presumed Innocent Courts have held that being charged with a crime cannot, as a constitutional matter, give rise to any inference (for the purposes of setting bail) that the individual is more likely ...

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