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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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  • Community Caretaking Function and the Fourth Amendment
    Community Caretaking Function and the Fourth Amendment

    In 1999, California devised a new rule that stated, under the Community Caretaking Function, certain police searches and seizures were okay without a warrant. This new interpretation of the law was ...

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