CLEET Cert Test Review Questions And Correct
Answers 100% Verified
What is Indian Country as defined by 18 US Code Sect 1151? - ANSWER Within the limits
of any Indian reservation under the Jurisdiction of the US Government/dependant Indian
communities/all land allotments, the Indian title to which Has not been extinguished
including rights of way
If someone has been convicted & placed on a suspended sentence, & that person then
commits another crime while still on probation then. - ANSWER The DA may file a motion
to revoke
What are the 3 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. -
ANSWER Assimilative Crimes Act
A non-indian commits a burglary the Muskogee (Creek) nation property. How will the
elements of the crime be defined, and what guidelines apply if convicted of the crime? -
ANSWER Only Oklahoma Statutes
What are at least 2 ways to establish who is considered to be an Indian for the purposes
of criminal jurisdiction in Indian country? Tribal or Federal recognition of person as
Indian/must be - ANSWER Considered member of federal recognized tribe
A search warrant may only be served after 10:00 when. - ANSWER Warrant states it may
be served anytime day or night
,In 1914 the federal case of Week V. US established the exclusionary rule in Federal
courts. The ruling means that if a peace officer obtains evidence unlawfully, the
evidence. - ANSWER May not be used in court
In the US Supreme Court case US V. Havens, the court held that illegally seized
evidence________ be used in court to ______ - ANSWER Could/impeach the witness
because preventing perjury Is so important
In Mapp V Ohio, the evidence was suppressed because? - ANSWER The officers did not
have a search warrant & were not Operating under one of the recognized exceptions
The public policy reasoning behind the exclusion rule is? - ANSWER It will deter LEO's
from illegally seizing evidence because They will know the evidence will not be
admissible
In Miranda V Arizona, the court assured a criminal defendant the right to ______ when
said defendant was _______ - ANSWER An attorney/custodial interrogation
Who can issue a search warrant? - ANSWER Judge of court having jurisdiction
For evidence to be admissible it must be relevant _____ - ANSWER Material & competent
The exception to the hearsay rule that allows the jury to hear a statement made while
the declaration was still under the stress caused by the crime is commonly known as the
_______ - ANSWER Excited utterance exception
If at the end of a trial the jury entertains a reasonable doubt as to whether the State has
proven the elements of the crime, they? - ANSWER Should acquit
When the court accepts a fact as true because it cannot be seriously disputed, that is
known as? - ANSWER Judicial notice
, If a peace officer has discovered a minor who has been injured & no parent of the child
can be found, the officer may; - ANSWER Authorize treatment if the physician says
immediate Treatment is necessary
You legally enter the residence of Sam, who is standing in the middle of the living room
holding a. 45 semiautomatic pistol, to serve a court summons. You know Sam has been
convicted of a felony and has not been pardoned. Sam is guilty of _______ - A felony
The defense of duress is _______ - ANSWER Available when the person is compelled to
commit the act To save his/her own life
_______ are all persons concerned in the commission of a crime whether a felony or
misdemeanor with prior knowledge of the crime & whether the person directly commits
the act, constitutions the offense or aids or abets it commissioning although not
present. - ANSWER Principals
What is the term for the crime whose elements are: taking/of personal property/of
another/without consent/intent to deprive owner of its benefits? ANSWER Larceny
What is the crime that the following are the elements of: death of a human/as a direct
result of an act or event which happened in the commission of a misdemeanor/ caused
by the defendant or a person engaged with the defendant in the commission of the
misdemeanor? - ANSWER 1st Degree Manslaughter
Pursuant to the Oklahoma Uniform Jury Instructions for the purposes of 1st Degree
Arson prosecution, a building or structure is considered ______ if it actually contains 1
or more persons at the tie of the crime and is considered _________ if any part of its is
normally used by any person for lodging. - ANSWER Occupied/inhabited
In Oklahoma it can be a felony to carry a FA into establishments where beer &
intoxicating beverages are consumed. Persons exempt from this law are. - ANSWER
Owner of establishment/peace officers/PI within scope of Their business/ persons with a
valid SDA, provided the Business sole purpose is not liquor.
Answers 100% Verified
What is Indian Country as defined by 18 US Code Sect 1151? - ANSWER Within the limits
of any Indian reservation under the Jurisdiction of the US Government/dependant Indian
communities/all land allotments, the Indian title to which Has not been extinguished
including rights of way
If someone has been convicted & placed on a suspended sentence, & that person then
commits another crime while still on probation then. - ANSWER The DA may file a motion
to revoke
What are the 3 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. -
ANSWER Assimilative Crimes Act
A non-indian commits a burglary the Muskogee (Creek) nation property. How will the
elements of the crime be defined, and what guidelines apply if convicted of the crime? -
ANSWER Only Oklahoma Statutes
What are at least 2 ways to establish who is considered to be an Indian for the purposes
of criminal jurisdiction in Indian country? Tribal or Federal recognition of person as
Indian/must be - ANSWER Considered member of federal recognized tribe
A search warrant may only be served after 10:00 when. - ANSWER Warrant states it may
be served anytime day or night
,In 1914 the federal case of Week V. US established the exclusionary rule in Federal
courts. The ruling means that if a peace officer obtains evidence unlawfully, the
evidence. - ANSWER May not be used in court
In the US Supreme Court case US V. Havens, the court held that illegally seized
evidence________ be used in court to ______ - ANSWER Could/impeach the witness
because preventing perjury Is so important
In Mapp V Ohio, the evidence was suppressed because? - ANSWER The officers did not
have a search warrant & were not Operating under one of the recognized exceptions
The public policy reasoning behind the exclusion rule is? - ANSWER It will deter LEO's
from illegally seizing evidence because They will know the evidence will not be
admissible
In Miranda V Arizona, the court assured a criminal defendant the right to ______ when
said defendant was _______ - ANSWER An attorney/custodial interrogation
Who can issue a search warrant? - ANSWER Judge of court having jurisdiction
For evidence to be admissible it must be relevant _____ - ANSWER Material & competent
The exception to the hearsay rule that allows the jury to hear a statement made while
the declaration was still under the stress caused by the crime is commonly known as the
_______ - ANSWER Excited utterance exception
If at the end of a trial the jury entertains a reasonable doubt as to whether the State has
proven the elements of the crime, they? - ANSWER Should acquit
When the court accepts a fact as true because it cannot be seriously disputed, that is
known as? - ANSWER Judicial notice
, If a peace officer has discovered a minor who has been injured & no parent of the child
can be found, the officer may; - ANSWER Authorize treatment if the physician says
immediate Treatment is necessary
You legally enter the residence of Sam, who is standing in the middle of the living room
holding a. 45 semiautomatic pistol, to serve a court summons. You know Sam has been
convicted of a felony and has not been pardoned. Sam is guilty of _______ - A felony
The defense of duress is _______ - ANSWER Available when the person is compelled to
commit the act To save his/her own life
_______ are all persons concerned in the commission of a crime whether a felony or
misdemeanor with prior knowledge of the crime & whether the person directly commits
the act, constitutions the offense or aids or abets it commissioning although not
present. - ANSWER Principals
What is the term for the crime whose elements are: taking/of personal property/of
another/without consent/intent to deprive owner of its benefits? ANSWER Larceny
What is the crime that the following are the elements of: death of a human/as a direct
result of an act or event which happened in the commission of a misdemeanor/ caused
by the defendant or a person engaged with the defendant in the commission of the
misdemeanor? - ANSWER 1st Degree Manslaughter
Pursuant to the Oklahoma Uniform Jury Instructions for the purposes of 1st Degree
Arson prosecution, a building or structure is considered ______ if it actually contains 1
or more persons at the tie of the crime and is considered _________ if any part of its is
normally used by any person for lodging. - ANSWER Occupied/inhabited
In Oklahoma it can be a felony to carry a FA into establishments where beer &
intoxicating beverages are consumed. Persons exempt from this law are. - ANSWER
Owner of establishment/peace officers/PI within scope of Their business/ persons with a
valid SDA, provided the Business sole purpose is not liquor.
