OPOTA SECTION 2 – LEGAL – 193 QUESTIONS WITH VERIFIED SOLUTIONS ALREADY GRADED A+

Venue The geographic area (city, county) in which a court has the power or types of cases to hear. Due Process The process of assuring fundamental fairness in the application of criminal justice. Probable Cause The facts and circumstances which would lead a reasonable person to believe that a condition exists that justifies the action taken. Preponderance of Evidence Where there is more likelihood of an event than there is doubt. Tort A private or civil wrong or injury for which the court will provide a remedy in the form of an action for damages. Purposely causing the death of a law enforcement officer who was performing his official duties would result in a charge of: Aggravated Murder Statutory Law The body of law created by acts of the legislature (Statutes). The aggregate of reported cases as forming a body of jurisprudence or the law of a particular subject as evidenced by or formed by the adjudged cases, in distinction to statutes and other sources of law. Case Law. Cause the death of another with prior calculation and design: Aggravated Murder Knowingly cause SERIOUS physical harm to another, or knowingly cause or attempt to cause the DEATH of another or another's unborn WITH a deadly weapon or dangerous ordnance is a violation of: Negligent Assault A person knowingly causes the death of another while in a fit of rage brought on by serious provocation is: Voluntary Manslaughter Negligently causing physical harm to another with a deadly weapon is a violation of: Negligent Assault Knowingly causing another to believe you will cause SERIOUS physical harm to a person is a violation of: Aggravated Menacing Engaging in a pattern of conduct to knowingly cause another to believe you will cause physical harm is a violation of: Menacing by Stalking Causing another to believe you will cause physical harm is a violation of: Menacing Using force and threats, without privilege to do so, to restrain another of his/her liberty is a violation of: Kidnapping When someone coerces another into taking or not taking any action which he can legally choose to do, by damaging that person's personal reputation the appropriate violation is called: Coercion Sexual activity is defined as: Sexual Conduct, Sexual Activity or both When an adult engages in sexual conduct with a person under the age of 13 the charge would be: Rape If a man engages in sexual conduct with a woman who is not his wife by coercing her by any means he could be charged with: Sexual Battery A peace officer who engages in consensual sexual conduct with a prisoner can be the officer could be charged with: Sexual Battery When a 28 year old man engages in sexual conduct with a 14 year old female friend the man could be charged with: Unlawful sexual conduct with a minor When a man causes two persons to have sexual contact by administering a drug that substantially impairs both person's judgment the man could be charged with: Gross Sexual Imposition Anal intercourse, fellatio, and cunnilingus between persons regardless of sex: Sexual Conduct Vaginal intercourse between a male and female: Sexual Conduct The insertion, however slight, of any part of the body or instrument or other object into the vaginal cavity: Sexual Conduct When someone knowingly operates or manages a brothel the person could be charged with: Promoting Prostitution A man being aware that certain material he provided to a 12 year old female was, in fact, obscene could be charged with Disseminating matter harmful to juveniles A man intentionally sets fire to an apartment complex which causes SERIOUS physical harm to three residents the man could be charged with Aggravated Arson If someone knowingly creates a substantial risk of physical harm to a SCHOOL by fire or explosion that person could be charged with Arson Substantially impairing a fire department's ability to respond to an emergency could result in the person being charged with: Disrupting public services A fire extinguisher, fire hose, fire axe, or any fire escape, emergency exit, or emergency escape equipment or any life line is defined as: Safety device If someone tampers with a safety device that person could be charged with: Criminal Mischief Any instrument, device or thing capable of inflicting death AND designed OR specially adapted for use as a weapon OR possessed, carried or USED AS A WEAPON is called a: Deadly Weapon A man who flees after committing a theft offense is apprehended by an officer and a handgun is found inside the man's waistband the officer should charged with: Aggravated Robbery A man inflicts serious physical harm on another while attempting to obtain something of value. The man would be charged with: Aggravated Robbery A woman heard someone break through the door at her residence. The man who entered the residence had a gun on his person. He took some money and left the resident. A police officer caught the man outside the residence. The man should be charged with: Aggravated Burglary A man forces entry into a coin machine. This man could be charged with: Tampering with a coin machine Two juveniles steal a car from a parking lot. One juvenile drove the car; the other was a passenger. They were apprehended by the sheriff. The juveniles would be charged with: Unauthorized use of a motor vehicle A police officer gives a LEADS printout to a friend. The officer could be charged with: Unauthorized use of property; computer property The use of deception to obtain a new credit card is a violation of: Misuse of credit card With purpose to defraud, and without privilege, falsify, alter, or destroy any writing, data, record or software data is a violation of: Tampering with records Impersonating a law enforcement officer, inspector, agent or investigator of a government agency, with purpose to DO WHAT are elements of Personating an Officer. 1. Defraud 2. To induce another to buy property or services Buying food stamps OR giving someone something of value in exchange for food stamps is a violation of: Illegal use of food stamps Receiving, retaining or disposing of property not belonging to the person is a violation of: Receiving stolen property If someone engages in bookmaking that person could be charged with: Gambling When a person establishes, promotes, or operates any scheme or a game of chance for profit that person could be charged with: Gambling While at a place of amusement or resort, making a bet or playing any game of chance can be construed as a violation of: Public gaming Allowing a person under 21 handling or buying beer or intoxicating liquor is a violation of: Restrictions on sale of beer or liquor Knowingly forcing someone to take a controlled substance is a violation of: Corrupting another with drugs Knowingly selling a controlled substance to someone is a violation of: Trafficking in drugs Knowingly preparing a controlled substance for shipment is a violation of: Trafficking in drugs When someone is caught using marijuana you would charge with Section ____ Possession of drugs ORC 2925.11 When a person engages in conduct that creates a clear and present danger AND such conduct will urge others to violate ANY offense of violence is a violation of: Inciting to violence _____________________ occurs when an officer perceives a clash between competing values and standards when deciding what behavior is expected: Role Conflict ______________ is a state of physical or psychological arousal: Stress A specific event which causes UNUSUALLY strong emotional reactions AND which has the potential to interfere with the ability to function wither at the scene or later is called: A Critical Incident What is the section number for "knowingly use or possess drug paraphernalia to use" is a violation of Drug paraphernalia 2925.14 Participating with FOUR or more persons in a course of disorderly conduct with the purpose TO COMMIT OR FACILITATE THE COMMISSION OF A MISDEMEANOR OTHER THAN DISORDERLY CONDUCT either at the scene or later is a violation of Riot Participating with four or more persons is a course of disorderly conduct with purpose to commit or facilitate the commission of a FELONY is a violation of Aggravated Riot Where five or more persons are participating in the activity of disorderly conduct with other persons in the area whose presence creates the likelihood of PHYSICAL HARM TO PERSONS OR PROPERTY OR SERIOUS PUBLIC INCONVENIENCE , ANNOYANCE OR ALARM and a law enforcement officer or a public official orders the persons to dispense and knowingly fail to obey an order from a law enforcement officer or public official to disperse is a violation of: Failure to Disperse Knowingly or recklessly cause or by force cause SERIOUS physical harm to a family member is a violation of: Domestic violence With purpose to corrupt or improperly influence a public servant or party official with respect to the discharge of his duty whether before or after he is elected, appointed, qualified, employed, summoned or sworn, PROMISE, OFFER OR GIVE ANY VALUABLE THING OR BENEFIT is a violation of : Bribery Knowing that an official proceeding or investigation WILL take place OR IS LIKELY TO take place, a person who alters, destroys, conceals or removes any record or thing with purpose to impair its value or availability as evidence in the proceeding or investigation is a violation of: Tampering with evidence Knowingly have knowledge that a felony has been or is being committed, and failing to report such information to law enforcement authorities is a violation of Failure to report a crime (or knowledge of a death or burn injury) Recklessly or by force RESIST OR INTERFERE WITH THE LAWFUL ARREST of the person or another AND, as a result of the interference CAUSE PHYSICAL HARM to a law enforcement officer is a violation of: Resisting Arrest Operate a motor vehicle to willfully ELUDE or FLEE a police officer after receiving a visible OR audible signal from the officer to stop is a violation of: Failure to comply with order or signal of a Police Officer Fail to comply with any lawful order or direction of any police officer after receiving a visible or audible signal to stop is a violation of: Failure to comply with order or signal of a Police Officer Commit a theft offense by a public or party official who uses or assents to the use of his office is a violation of: Theft in office With purpose to commit, promote, or facilitate the commission of AGGRAVATED MURDER PLAN or aid in the planning with one or more persons the above offense is a violation of: Conspiracy No person shall knowingly carry or have, concealed on the person's person or concealed ready at hand any of the following: a handgun, other than dangerous ordnance, or other deadly weapon is a violation of: Carrying a concealed weapon knowingly conveying, or attempting to convey, a deadly weapon or dangerous ordnance into a SCHOOL OR SAFETY ZONE is a violation of: Illegal Conveyance or Possession of Deadly Weapon or Dangerous Ordnance or Illegal Possession of Object Indistinguishable from Firearm on School Premises If the object is indistinguishable from a firearm, whether or not the object is capable of being fired is a violation of: Illegal Conveyance or Possession of Deadly Weapon or Dangerous Ordnance or Illegal Possession of Object Indistinguishable from Firearm on School Premises No person shall have possession of any substance or device with the purpose to use it criminally is a violation of section: Possession of criminal tools The issuing authority must look at __________________ in determining if probable cause exists to issue the arrest warrant. Totality of circumstances List the three circumstances when a search can be executed in the home of a third party. ________________________ ________________________ ________________________ 1. Search Warrant 2. Consent Search 3. Exigent Circumstances Sources to establish probable cause 1. Personal observations 2. Informants 3. Reports from other Officers or law enforcement agencies 4. Leads furnished by the victim or witness to the crime 5. Physical evidence found at the scene 6. Prior criminal records of the suspect 7. Non-custodial statements made by the suspect Before an officer would be justified in conducting a warrantless, nonconsensual entry into a private dwelling in order to arrest the resident ________________ must exist. Exigent circumstances 1. An officer may arrest, pursue, and detain outside the officers jurisdiction when three conditions exist. List the three conditions. ________________________ ________________________ ________________________ 1. Takes place without unreasonable delay after the offense is committed. 2. Initiated within the officer's jurisdiction where appointed. 3. Offense is a felony, M-1, M-2, or substantially equivalent municipal ordinance or an offense where points can be assessed. Using the Terry rationale an officer may detain an individual based upon the officer's _____________________. Reasonable, articulable suspicion List the three criteria to establish the plain view exception to the search warrant requirement. ________________________ ________________________ ________________________ 1. The officers must be legally on the premises from where the observation is made. 2. The officers must not violate the 4th amendment to make the observation. 3. The incriminating nature of the item must be immediately apparent. Evidence improperly obtained by the police will be excluded from the criminal trial is governed by the _________________________________ rule. Exclusionary The ________ amendment of the US Constitution is the originating source for all search and seizures of property. 4th The ________ amendment of the US Constitution is the originating source for all search and seizures of persons. 4th Third party consent will be binding on the owner so long as the third party has ________________. The 3rd party has joint authority and control over the area the officer wishes to search. 1. The two requirements which must be established prior to a Terry pat down of a person are: _____________________________________ ____________________________________ 1. Required to articulate a reasonable belief that the suspect is armed. 2. Poses a threat to the officer. A confession of a person accused of a crime is admissible into evidence against the accused only if it was freely and voluntarily made, without duress, fear, or compulsion in its inducement and with full knowledge of the nature and consequences. This statement is called the _______________________. Free and voluntary rule The test to apply in determining whether a confession was freely and voluntarily given is called the ________________. Totality of circumstances In looking at the totality of circumstances surrounding a confession a court will look at three areas. List the three areas: _______________________ _______________________ _______________________ 1. Use of Force 2. Threats or promises 3. Psychological coercion Questioning initiated by officers after the accused has been taken into custody or otherwise deprived of his liberty freedom in any significant manner is called _______________. Interrogation A confession derived immediately after an ___________ or unlawful search would be considered as "tainted." Unlawful arrest "And neither it, nor is fruits may be used against the defendant whose fourth amendment rights were violated." The term most associated with this statement is called: Fruits of the poisonous tree doctrine The _____________________ is defined as "a statement elicited from the defendant as well real evidence resulting from such statement(s) may be used in evidence, even if the officer does not recite the Miranda warnings before asking questions, if the officer(s) safety or the safety of others is in jeopardy". Public safety exception List six of the nine specific instances which could result in civil liability problems for an officer or department ______________________ _______________________ _______________________ _______________________ _______________________ _______________________ 1. Negligent hiring, training, retention 2. False arrest 3. Improper search and seizure 4. Injury to innocent bystanders 5. Failure to prevent a criminal act from occurring 6. Failure to protect confined inmates 7. Traffic chases / pursuits 8. Excessive use of force 9. Bias-based actions 1. __________________ is a call to duty, including but not limited to, communications from citizens, police dispatchers, and personal observations by peace officers of inherently dangerous situations that demand an immediate response on the part of the peace officer. Emergency call 1. A ____________________ may give an opinion when the witness is not testifying as an expert as to his/her opinion, provided that opinion or inferences drawn are rationally based on his/her perception and helpful for a clear understanding of the testimony or the determination of a fact in issue. Lay Witness An officer is required to read the Miranda warnings to suspect prior to _____________. Police custodial interrogation 1. Write the four parts of the Miranda Warning: ___________________________________________________________________________________________________________________________________________________________ 1. a. You have the right to remain silent. b. If you give up that right, anything you say may be used against you in court. c. You have the right to be represented by an attorney. d. If you cannot afford an attorney, one will be appointed for you prior to any questioning if you wish. ______________________ is an offense committed against this state. Crime The principle by which a deadly use of force case will be judged is the _____________________ of the ___________________ amendment. Reasonableness requirement - of the - 4th amendment A supervisor is not liable under a 1983 action unless the supervisor _________________ or ________________ in the incident. Encouraged or Participated List the four factors which could create vicarious liability for a supervisor. _______________________________ _____________________________ _______________________________ _____________________________ a. Supervisor participated in the activity with the Officer(s); b. Directed the activity of the Officer(s); c. Ratified the behavior of the Officer(s); d. Failed to act against the activity. ________________________ is a dual system of government. Federalism