CA Certified Specialist — Criminal Law

Under California Penal Code §187, murder is defined as the unlawful killing of a human being or a fetus with which of the following mental states?

• ANegligence
• BRecklessness alone
• CMalice aforethought
• DSpecific intent only

Under California Penal Code §189 as amended by SB 1437 (effective 2019), first-degree felony murder requires:

• AAny death during commission of any felony
• BThe defendant was the actual killer, aided and abetted with intent to kill, or was a majo…
• CNegligent commission of the underlying felony
• DOnly that the felony was inherently dangerous

Under California Penal Code §192(a), voluntary manslaughter is distinguished from murder primarily by:

• AThe absence of any intent to kill
• BThe killing occurring during a felony
• CA heat of passion or imperfect self-defense negating malice
• DThe use of a deadly weapon

Under California Penal Code §211, robbery is defined as the felonious taking of personal property in the possession of another, from their person or immediate presence, against their will, accomplished by:

• AForce or fear
• BDeception only
• CStealth only
• DBreaking and entering

Under California Penal Code §459, burglary requires:

• AA breaking and entering of a dwelling at night
• BEntry into a structure with intent to commit theft or any felony
• CForcible entry only
• DActual theft to be committed inside

Under California Penal Code §484, theft is committed by which of the following?

• ALarceny by trespassory taking only
• BEmbezzlement only
• CFalse pretenses only
• DLarceny, embezzlement, false pretenses, or theft by trick — all consolidated into one off…

Under California Penal Code §261, rape includes nonconsensual intercourse where the victim is incapable of giving consent because of:

• AVoluntary intoxication that does not affect the victim's awareness
• BA mental disorder or developmental/physical disability rendering the victim incapable, an…
• CAny disagreement after consent was initially given
• DReligious objection

Under California Health and Safety Code §11350, simple possession of most controlled substances (e.g., cocaine, heroin) was reclassified by Proposition 47 (2014) as:

• AAlways a felony
• BAlways a misdemeanor (with limited exceptions for certain priors)
• CAn infraction
• DA wobbler always charged as a felony

Under California Penal Code §245(a)(1), assault with a deadly weapon (ADW) requires the defendant to commit:

• AAn actual battery
• BAn assault with a deadly weapon or instrument other than a firearm, or by means likely to…
• CAn attempted murder
• DA simple battery with a weapon

Under California Penal Code §273.5, domestic violence (corporal injury on a spouse/cohabitant/dating partner) requires:

• AAny unwanted touching
• BWillful infliction of a traumatic condition
• CThreatening words only
• DMental abuse alone

Under California Penal Code §288(a), lewd or lascivious acts with a child under 14 is a serious offense requiring:

• AAny touching, with the specific intent to arouse, appeal to, or gratify the lust, passion…
• BSexual penetration only
• CForcible touching only
• DTouching with negligence

Under California Penal Code §664/187, attempted murder requires proof of:

• AExpress malice (specific intent to kill) and a direct but ineffectual act toward accompli…
• BImplied malice
• CReckless disregard for life
• DNegligent endangerment

Under California Penal Code §496(a), receiving stolen property is a wobbler when the property value:

• AExceeds $50
• BExceeds $950 (post-Prop 47); otherwise a misdemeanor
• CIs irrelevant — always a felony
• DIs less than $400

Under California Penal Code §422, criminal threats requires that the threat:

• ABe a generalized expression of anger
• BBe specific, willful, on its face and under the circumstances unequivocal, unconditional,…
• CBe communicated in writing
• DResult in actual physical contact

Under California Penal Code §646.9, stalking requires the defendant to:

• ABe present near the victim once
• BWillfully, maliciously, and repeatedly follow or willfully and maliciously harass another…
• CSend a single text message
• DMake a non-credible joke threat

Under California Penal Code §215, carjacking is the felonious taking of a motor vehicle in the possession of another, from his/her person or immediate presence, accomplished by:

• AStealth alone
• BForce or fear, with intent to either permanently or temporarily deprive
• CTheft by trick
• DLawful repossession

Under California Penal Code §186.22 (STEP Act), the gang enhancement requires the offense to be committed:

• ABy any group of three or more people
• BFor the benefit of, at the direction of, or in association with a criminal street gang, w…
• CWhile wearing gang colors only
• DWith any prior gang affiliation

Under California Penal Code §647(a), disorderly conduct includes:

• ASolicitation of any lewd act in a public place
• BPossession of alcohol in public
• CWalking after dark
• DLoud music

Under California Penal Code §681, no person can be punished for a public offense except upon:

• ALegal conviction in a court of competent jurisdiction
• BAn informal allegation
• CPolice suspicion
• DAdministrative finding

Under California Penal Code §859b, a defendant in custody has a right to a preliminary hearing within:

• A10 court days of arraignment on the complaint, with absolute right to dismissal after 60…
• B30 days only
• C6 months
• DNo time limit

Under California Penal Code §995, a defendant may move to dismiss an information or indictment on the ground that:

• AThe defendant disagrees with the charge
• BThe defendant was committed without reasonable or probable cause (or in case of indictmen…
• CThe trial date is inconvenient
• DDiscovery is incomplete

Under California Penal Code §1004, a demurrer to an accusatory pleading is the proper vehicle to challenge:

• AThe credibility of witnesses
• BDefects appearing on the face of the pleading (e.g., failure to state a public offense, s…
• CSufficiency of evidence at trial
• DSentencing decisions

Under California Penal Code §1382, a felony defendant has a statutory right to trial within:

• A30 days of arraignment in superior court
• B60 days of arraignment on the information or indictment in superior court, absent waiver
• C6 months
• DOne year

Under California Penal Code §1538.5, a motion to suppress evidence on Fourth Amendment grounds in a felony case:

• AMust be brought at trial only
• BMay be brought at the preliminary hearing OR by special hearing in superior court, with l…
• CIs unavailable in state court
• DRequires interlocutory appeal first

Under California Penal Code §1054 et seq. (reciprocal discovery), the prosecution must disclose to the defense:

• AOnly inculpatory evidence
• BNames of witnesses, statements, relevant real evidence, felony records of material witnes…
• COnly physical evidence
• DNothing — only the defense must disclose

Under People v. Pitchess (1974) 11 Cal.3d 531 (codified in Evidence Code §§1043–1047, Penal Code §832.7), a 'Pitchess motion' allows the defense to:

• ARe-cross-examine witnesses
• BDiscover relevant complaints in a peace officer's confidential personnel file, after in c…
• CSuppress evidence
• DStrike the prosecution's pleadings

Under California Penal Code §170.6, a defendant has a right to:

• AMultiple peremptory challenges of judges
• BOne peremptory challenge of an assigned trial judge (or 'all purpose' assigned judge), su…
• CUnlimited peremptories
• DNo peremptory challenges

Under California Penal Code §1385, the trial court has discretion to:

• ASentence above the statutory maximum
• BDismiss an action 'in furtherance of justice' — including dismissing strike priors (Romer…
• CReduce a misdemeanor to an infraction without statutory authority
• DEliminate appellate review

Under California Penal Code §859a, a defendant may waive preliminary hearing and:

• APlead guilty before the magistrate, with sentencing in superior court
• BDemand immediate release
• CSkip arraignment
• DReceive an automatic acquittal

Under California Penal Code §1368, when a doubt arises as to the defendant's mental competence to stand trial:

• ATrial proceeds anyway
• BProceedings must be suspended and competency determined; if found incompetent, defendant…
• CCharges are dismissed automatically
• DDefense counsel decides alone

Under California Penal Code §1170(b) (as amended by SB 567, effective 2022), when imposing an upper-term felony sentence, the court must base it on:

• AThe judge's discretion alone
• BAggravating circumstances proven beyond a reasonable doubt to a jury (or stipulated by th…
• CAny factor the prosecutor proposes
• DProbation report assertions only

Under California Penal Code §1473.7, a person no longer in criminal custody may move to vacate a conviction or sentence based on:

• AA change of heart
• BA prejudicial error damaging the moving party's ability to meaningfully understand, defen…
• CSentencing dissatisfaction
• DNew witness availability

Under California Penal Code §1203.4, a defendant who has successfully completed probation may petition the court to:

• AExpunge or set aside the conviction and dismiss the accusation, with limited continuing e…
• BErase the conviction for all purposes including firearms restoration
• CReceive a refund of fines
• DConvert a felony to an infraction

Under California Penal Code §1170.95 (now §1172.6), defendants convicted under felony murder or natural and probable consequences may petition for resentencing based on SB 1437 if:

• AThey claim innocence generally
• BThey could not be convicted of murder today because of changes to PC §§188, 189
• CThey received a long sentence
• DTheir attorneys were unprepared

Under California Health and Safety Code §11370.1 and Penal Code §1000, a 'pretrial diversion' for certain drug offenses (PC §1000) allows:

• AConditional disposition with charges dismissed upon completion
• BAutomatic acquittal
• CReduction to misdemeanor only
• DBench warrant issuance

Under People v. Robles (2000) 23 Cal.4th 789, a probationer's Fourth Amendment search condition does not authorize a search by officers who:

• AKnow about the probation search condition
• BAre unaware the suspect is on probation at the time of the search
• CHave a warrant
• DHave consent

Under People v. Bracamonte (1975) 15 Cal.3d 394, body-cavity intrusions to recover evidence require:

• AReasonable suspicion only
• BA search warrant, except in genuine emergencies, and must be conducted under sanitary con…
• COfficer discretion
• DConsent of arrestee in all cases

Under Riley v. California (2014) 573 U.S. 373, police searching a cellphone seized incident to arrest must:

• ASearch without restriction as part of search incident to arrest
• BObtain a search warrant, absent recognized exigent circumstances
• CSearch only with consent
• DWait 24 hours

The 'good faith' exception to the exclusionary rule, recognized in United States v. Leon (1984) 468 U.S. 897, applies when:

• AOfficers reasonably rely on a search warrant later found defective
• BOfficers act on a hunch
• COfficers ignore Miranda
• DOfficers fabricate facts

Under Carroll v. United States (1925) 267 U.S. 132 and California law, the automobile exception permits warrantless search of a vehicle when:

• AOfficers have any suspicion
• BOfficers have probable cause to believe contraband or evidence is in the vehicle and the…
• CVehicle is parked
• DDriver consents to a stop only

Under Terry v. Ohio (1968) 392 U.S. 1, an investigative stop and frisk requires:

• AProbable cause
• BReasonable suspicion based on specific, articulable facts
• CMere hunch
• DA search warrant

Under Florida v. Jardines (2013) 569 U.S. 1, use of a drug-sniffing dog on the curtilage of a home constitutes:

• ALawful plain smell
• BA Fourth Amendment search requiring a warrant or other exception
• CNo search
• DProbable-cause-creating event

Under California's Electronic Communications Privacy Act (CalECPA, PC §1546 et seq.), law enforcement access to electronic communication contents generally requires:

• AA subpoena alone
• BA search warrant (or specified exceptions), with notice to affected individuals
• COfficer discretion
• DConsent only

Under Chimel v. California (1969) 395 U.S. 752, a search incident to lawful arrest is limited to:

• AAnywhere in the residence
• BThe arrestee's person and area within his immediate control (lunge area)
• CContainers in another room
• DThe entire structure

Under PC §1524, a search warrant may be issued for:

• AProperty used to commit a felony, stolen property, items in possession of a person with i…
• BAnything law enforcement wishes
• CProperty of a defendant's family
• DPersonal records of all witnesses

Under People v. Williams (1999) 20 Cal.4th 119, a defendant moving to suppress evidence under PC §1538.5 must:

• AProvide no argument
• BSpecify the precise grounds for suppression with sufficient particularity to give the pro…
• CWait until appeal
• DFile only a written brief

Under People v. Diaz (2011) 51 Cal.4th 84 (overruled by Riley v. California), pre-Riley California allowed warrantless cellphone searches incident to arrest. After Riley:

• ADiaz remains binding
• BA warrant is generally required for cellphone searches; Diaz is no longer good law
• COfficers may always search
• DConsent is irrelevant