CLEET - Final Exam Notes from
Another Class Part 2 Questions &
Answers(RATED A+)
Note - ANSWERJust like with the previous set of notes, I haven't fact checked these notes, don't
know who created them, or how old they are. If you see errors, let me know and I'll try to correct
them as soon as possible!
Others have noticed a few cases of discrepancies between these notes and the other Final Exam
flash card deck. Keep in mind that I didn't create these. Trust YOUR notes when the answer given
here looks wonky.
Searches and seizures conducted outside the judicial process, without prior approval by a neutral
and detached judge or magistrate, are "per se" unreasonable _____. - ANSWERunder the Fourth
Amendment - subject only to a few specifically established and well-delineated exceptions
Hearsay is _____ - ANSWERSecond hand information
Which class of person may not be permitted to testify as "lay" (non-expert) witnesses? -
ANSWERPersons who have no knowledge of the case
If a person has been convicted and placed on a suspended sentence, and that person then commits
another crime while still on probation, then _____ - ANSWERthe District Attorney may file a Motion
to Revoke
What are the three primary factors that influence criminal jurisdiction in Indian country? - ANSWER-
Impact of sovereign status
- Plenary Power of Congress
- U.S. Supreme Court interpretations of Indian law
,What is Indian country as defined by 18 US Code Section 1151? - ANSWER- Within the limits of any
Indian reservation under the jurisdiction of the US Government
- Dependent Indian communities
- All land allotments, the Indian title to which has not been extinguished, including rights of way
What are the three major federal statutes in Title 18 of the Federal Code that govern federal criminal
jurisdiction in Indian Country - ANSWER- Indian Country Crimes Act
- Major Crimes Act
- Assimilative Crimes Act
The _______ allows federal criminal courts to borrow state criminal code to fill gaps where there is
no federal law and apply it to areas under exclusive federal control. - ANSWERAssimilative Crimes Act
A non-Indian commits a burglary on the Muskogee (Creek) Nation property. How will the elements of
the crime be defined, and which guidelines will be used for sanctions if found guilty? - ANSWEROnly
Oklahoma Statutes
What are at least two ways to establish who is considered to be an Indian, for the purposes of
criminal jurisdiction in Indian Country? - ANSWERMust have Tribal or Federal recognition of the
person as Indian, and
Must be considered a member of a Federally recognized Tribe
You make a traffic stop. The driver, who is a non-resident of Oklahoma and lives in another country, is
lawfully visiting the United States. He is exempt from Oklahoma's driver's license requirement if ____
- ANSWERHe has a valid driver's license from his home country in his immediate possession
An affidavit for a search warrant must describe the place to be searched - ANSWERso precisely that
location of the place to be searched may be determined solely by reference to the description
contained in the Warrant
, You are unable to appear before the magistrate to personally give testimony and present your
affidavit to the court in order to receive a search warrant. The statutes allow _____ - ANSWERthe
magistrate to authorize you to sign the magistrate's name to a copy of the search warrant.
A search warrant may only be served after 10:00pm when the ____ - ANSWERwarrant states it may
be served at any time of day or night
In 1914 the federal case of Week vs. U.S. established the "exclusionary rule" in Federal Courts. The
ruling means that if a peace officer obtains evidence unlawfully, the evidence _____ - ANSWERmay
not be used in court
In the US Supreme Court Case US vs. Havens, the court held that illegally seized evidence _____ be
used in court _____ - ANSWERCould
To impeach the witness because preventing perjury is so important
In Mapp v. Ohio, the evidence was suppressed because _____ - ANSWERThe officers did not have a
search warrant and were not operating under one of the recognized exceptions
The public policy reasoning behind the exclusionary rule is _____ - ANSWERIt will deter peace
officers from illegally seizing evidence, because the officers know the evidence will not be admissible
In Miranda v. Arizona, the court assured a criminal defendant the right to _____ when said defendant
was _____ - ANSWERAn attorney
Custodially interrogated
Who can issue a Search Warrant? - ANSWERThe Judge of a Court having jurisdiction
For evidence to be admissible it must be relevant, _____ - ANSWERMaterial, and
Competent
Another Class Part 2 Questions &
Answers(RATED A+)
Note - ANSWERJust like with the previous set of notes, I haven't fact checked these notes, don't
know who created them, or how old they are. If you see errors, let me know and I'll try to correct
them as soon as possible!
Others have noticed a few cases of discrepancies between these notes and the other Final Exam
flash card deck. Keep in mind that I didn't create these. Trust YOUR notes when the answer given
here looks wonky.
Searches and seizures conducted outside the judicial process, without prior approval by a neutral
and detached judge or magistrate, are "per se" unreasonable _____. - ANSWERunder the Fourth
Amendment - subject only to a few specifically established and well-delineated exceptions
Hearsay is _____ - ANSWERSecond hand information
Which class of person may not be permitted to testify as "lay" (non-expert) witnesses? -
ANSWERPersons who have no knowledge of the case
If a person has been convicted and placed on a suspended sentence, and that person then commits
another crime while still on probation, then _____ - ANSWERthe District Attorney may file a Motion
to Revoke
What are the three primary factors that influence criminal jurisdiction in Indian country? - ANSWER-
Impact of sovereign status
- Plenary Power of Congress
- U.S. Supreme Court interpretations of Indian law
,What is Indian country as defined by 18 US Code Section 1151? - ANSWER- Within the limits of any
Indian reservation under the jurisdiction of the US Government
- Dependent Indian communities
- All land allotments, the Indian title to which has not been extinguished, including rights of way
What are the three major federal statutes in Title 18 of the Federal Code that govern federal criminal
jurisdiction in Indian Country - ANSWER- Indian Country Crimes Act
- Major Crimes Act
- Assimilative Crimes Act
The _______ allows federal criminal courts to borrow state criminal code to fill gaps where there is
no federal law and apply it to areas under exclusive federal control. - ANSWERAssimilative Crimes Act
A non-Indian commits a burglary on the Muskogee (Creek) Nation property. How will the elements of
the crime be defined, and which guidelines will be used for sanctions if found guilty? - ANSWEROnly
Oklahoma Statutes
What are at least two ways to establish who is considered to be an Indian, for the purposes of
criminal jurisdiction in Indian Country? - ANSWERMust have Tribal or Federal recognition of the
person as Indian, and
Must be considered a member of a Federally recognized Tribe
You make a traffic stop. The driver, who is a non-resident of Oklahoma and lives in another country, is
lawfully visiting the United States. He is exempt from Oklahoma's driver's license requirement if ____
- ANSWERHe has a valid driver's license from his home country in his immediate possession
An affidavit for a search warrant must describe the place to be searched - ANSWERso precisely that
location of the place to be searched may be determined solely by reference to the description
contained in the Warrant
, You are unable to appear before the magistrate to personally give testimony and present your
affidavit to the court in order to receive a search warrant. The statutes allow _____ - ANSWERthe
magistrate to authorize you to sign the magistrate's name to a copy of the search warrant.
A search warrant may only be served after 10:00pm when the ____ - ANSWERwarrant states it may
be served at any time of day or night
In 1914 the federal case of Week vs. U.S. established the "exclusionary rule" in Federal Courts. The
ruling means that if a peace officer obtains evidence unlawfully, the evidence _____ - ANSWERmay
not be used in court
In the US Supreme Court Case US vs. Havens, the court held that illegally seized evidence _____ be
used in court _____ - ANSWERCould
To impeach the witness because preventing perjury is so important
In Mapp v. Ohio, the evidence was suppressed because _____ - ANSWERThe officers did not have a
search warrant and were not operating under one of the recognized exceptions
The public policy reasoning behind the exclusionary rule is _____ - ANSWERIt will deter peace
officers from illegally seizing evidence, because the officers know the evidence will not be admissible
In Miranda v. Arizona, the court assured a criminal defendant the right to _____ when said defendant
was _____ - ANSWERAn attorney
Custodially interrogated
Who can issue a Search Warrant? - ANSWERThe Judge of a Court having jurisdiction
For evidence to be admissible it must be relevant, _____ - ANSWERMaterial, and
Competent
