This page is a cheat sheet only. The Constitution, Penal Code, court rules, and applicable judicial decisions control when additional detail is required.
Rights Advisement
Miranda Warning
The following warning may be used before a custodial interrogation:“You have the right to remain silent. Anything you say can be used against you in court. You have the right to an attorney and to have an attorney present during questioning. If you cannot afford an attorney, one will be provided to you before questioning if you wish. You may exercise these rights at any time.”After advising the person of their rights, ask:
“Do you understand each of these rights as I have explained them to you?”If the officer intends to conduct questioning after the rights are understood:
“Having these rights in mind, do you wish to speak with me?”
Invocation of Rights
If a person clearly invokes their right to remain silent or requests an attorney during custodial questioning, officers should stop substantive interrogation as required by applicable law. A person’s exercise of constitutional rights shall not, by itself, be treated as evidence of guilt. See Know Your Rights.Common Offense Distinctions
Resisting vs. Evading vs. Reckless Evading
Resisting Arrest
Class A Misdemeanor Use Resisting Arrest when a person knowingly interferes with a lawful detention or arrest through:- Physical resistance;
- Struggling;
- Pulling away;
- Flight on foot; or
- Physical interference with an officer.
Evading
Class A Misdemeanor Use Evading when a person operating a:- Motor vehicle;
- Vessel;
- Aircraft;
- Bicycle; or
- Other conveyance
Reckless Evading
Class C Felony Use Reckless Evading when an Evading offense includes operation with conscious disregard for a substantial risk to persons or property. Examples include:- Dangerous or extreme speed;
- Wrong-way travel;
- Deliberate collisions;
- Severe lane violations;
- Driving through populated areas in a dangerous manner; or
- Comparable conduct creating substantial danger.
Quick Test
Impersonation of Government Personnel
Impersonating a Police Officer or Public Servant
Class C Felony A person commits this offense when, without lawful authority, they knowingly represent themselves as a:- Peace officer;
- Firefighter;
- EMS employee;
- Correctional officer;
- Prosecutor; or
- Other public servant
- Conducting a fake traffic stop;
- Ordering someone to identify themselves while claiming to be law enforcement;
- Displaying false credentials while exercising supposed police authority;
- Claiming government authority to gain access to a restricted area; or
- Attempting to detain another person while falsely claiming to be an officer.
Wearing a costume, possessing a look-alike vehicle, or roleplaying as a government employee is not enough by itself. There must be an intent to deceive and an attempt to exercise or benefit from the claimed authority.
Emergency Lights and Sirens
The rebuilt Penal Code currently does not contain a standalone offense titled Vehicle Flashing Colored Lights and Sirens Law. Using emergency-style equipment may become relevant evidence of Impersonating a Police Officer or Public Servant when the person uses that equipment to falsely exercise police authority. Other traffic or public-safety offenses may apply depending upon the person’s actual conduct.If San Andreas intends to prohibit unauthorized red/blue emergency lighting or sirens independently of impersonation, that should be added as its own Penal Code statute rather than handled only through this quick-reference page.
Theft and Property Offenses
Petty Theft
Class C Misdemeanor Taking or exercising unauthorized control over another person’s property valued at less than $1,000, with intent to deprive the owner of its use or benefit.Grand Theft
Class C Felony Taking or exercising unauthorized control over another person’s property valued at $1,000 or more, with intent to deprive the owner of its use or benefit.Grand Theft Auto
Class C Felony Taking, driving, or exercising unauthorized control over an unoccupied motor vehicle with intent to substantially deprive the owner of possession or use. Use Carjacking instead when the vehicle is taken directly from an occupant through force, violence, intimidation, or threat.Robbery
Class C Felony Taking property from another person or their immediate presence through:- Force;
- Violence;
- Intimidation; or
- Threat of immediate harm.
Burglary
Class C Felony Entering or remaining within a:- Building;
- Dwelling;
- Enclosed structure;
- Secured room; or
- Locked vehicle
Theft Quick Test
There is currently no separate Government Grand Larceny offense in the rebuilt Penal Code.The appropriate theft offense should ordinarily be used based upon the property involved, with government-specific offenses used when the Penal Code provides one, such as Theft of a Law Enforcement Vehicle.
Assault and Battery
These offenses are frequently confused. The most important distinction is:Assault generally involves an attempt or threatened harm. Battery requires actual unlawful physical contact.
Simple Assault
Class C Misdemeanor A person intentionally attempts harmful or offensive physical contact, but:- No physical contact occurs; and
- No deadly weapon is used.
Example
A person swings a fist intending to strike another person but misses.Assault
Class B Misdemeanor A person intentionally places another person in reasonable fear of imminent unlawful physical harm and has the apparent present ability to carry out the threat. Physical contact is not required.Example
A person aggressively advances toward another while threatening to immediately attack them, causing reasonable fear that the attack is about to occur.Battery
Class B Misdemeanor A person intentionally and unlawfully causes harmful or offensive physical contact with another person.Example
A person punches, shoves, or strikes another without lawful justification.There is no separate Simple Battery offense in the rebuilt Penal Code. Minor unlawful physical contact is handled as Battery.
Aggravated Assault
Class B Felony A person intentionally places another person in reasonable fear of imminent serious bodily injury or death under aggravated circumstances involving extreme or highly dangerous conduct. If the aggravating factor is specifically the use or threatened use of a deadly weapon, Assault with a Deadly Weapon is generally the more specific charge.Assault with a Deadly Weapon
Class B Felony A person intentionally uses, displays, or attempts to use a:- Firearm;
- Knife;
- Vehicle; or
- Other deadly weapon
Example
Pointing a firearm at another person during a confrontation without firing.Aggravated Battery
Class B Felony A person intentionally and unlawfully:- Causes serious bodily injury; or
- Causes bodily injury using a deadly weapon or dangerous instrument.
Example
Stabbing another person and causing injury.Attempted Murder
Class A Felony A person commits Attempted Murder when they:- Specifically intend to unlawfully kill another person; and
- Take a direct and substantial step toward accomplishing the killing;
- But the victim does not die.
Assault/Battery Quick Test
Always charge based upon the elements supported by the evidence—not simply the weapon used or how severe the scene appeared.
Arrest and Investigation Reminders
Probable Cause
Probable cause is required when the law requires it for:- Arrest;
- Search;
- Seizure;
- Warrant applications; or
- Other government action.
Informing a Person of the Arrest
When practical, a person placed under arrest should be informed of the general reason for the arrest. The exact final criminal charges may later be:- Reviewed;
- Amended;
- Added;
- Reduced; or
- Declined
Questioning After Arrest
Do not confuse arrest with interrogation. An arrest may occur based upon probable cause without immediately questioning the suspect. Before conducting custodial interrogation, provide the applicable rights advisement.Right to Counsel
A person accused of a criminal offense may request legal counsel. A person requesting an attorney during custodial interrogation should not be pressured to waive that request through continued substantive questioning. See:Evidence Reminders
Chain of Custody
When evidence changes hands, officers should document enough information to reasonably establish:- What the evidence is;
- Who collected it;
- Where it was collected;
- When it was collected;
- Who possessed it afterward;
- Any transfer between persons or locations; and
- Any material change in its condition.
A minor documentation issue does not automatically destroy admissibility. Material questions concerning authenticity, alteration, or chain of custody may be decided by the court.
Evidence Integrity
Never:- Fabricate evidence;
- Plant evidence;
- Intentionally alter evidence without documentation;
- Destroy evidence to prevent lawful use;
- Conceal evidence that must lawfully be preserved or disclosed; or
- Misrepresent the origin of evidence.
Common Charging Rules
Greater vs. Lesser Offenses
Do not stack a greater offense with its lesser version based upon the same act unless separate conduct supports both. Examples:- Aggravated Battery replaces Battery for the same injury.
- Armed Robbery replaces Robbery for the same taking.
- Reckless Evading replaces Evading for the same continuous pursuit.
- Attempted offense does not stack with the completed offense for the same act.
Separate Victims
Separate criminal acts against separate victims may support separate charges.Example
A suspect intentionally assaults three different victims. The conduct may support three separate counts because there are three separate victims.Separate Acts
Distinct criminal acts during the same incident may support separate offenses. The fact that crimes occur close together in time does not automatically merge them.Use the Most Specific Offense
When two statutes appear to cover the same conduct, officers should generally use the more specific offense. Examples:Quick Scenarios
Scenario 1 — Suspect Flees
Runs on foot after lawful detention begins → Resisting Arrest Drives away after clear lawful stop signal → Evading Leads officers on a dangerous pursuit → Reckless EvadingScenario 2 — Physical Altercation
Throws punch but misses → Simple Assault Threatens immediate attack and victim reasonably fears harm → Assault Punch connects → Battery Serious bodily injury occurs → Aggravated Battery Deadly weapon is displayed and victim fears imminent serious injury → Assault with a Deadly Weapon Evidence establishes specific intent to kill and a substantial step toward killing → Attempted MurderScenario 3 — Property Taken
Property under $1,000 → Petty Theft Property valued at $1,000 or more → Grand Theft Unoccupied vehicle → Grand Theft Auto Property taken from person using force or threat → Robbery Same robbery with deadly weapon → Armed Robbery Person enters a building intending to steal → BurglaryScenario 4 — Police-Like Vehicle
Vehicle merely resembles a police vehicle → Not automatically Impersonation. Person uses lights, markings, credentials, or conduct to falsely exercise police authority → Consider Impersonating a Police Officer or Public Servant. Person conducts a fake traffic stop → Strong facts supporting Impersonating a Police Officer or Public Servant.Emergency & Department Contacts
Department of Public Safety HeadquartersTrooper Station — North Chumash
For current command personnel, department contacts, and leadership assignments, refer to the current DPS roster. Personnel names should generally not be hard-coded into this reference page because assignments may change.