Nc BLET State Exam Study Guide
. (Pg.6-12) State the circumstances under which different types and amounts of alcoholic
beverages can be purchased, possessed or consumed on public or private premises. - ANS-·
Purchase
o Malt beverage: A person may purchase any amount of malt beverage in kegs after obtaining a
purchase-transportation permit and no more than eighty (80) liters in cans or bottles in one (1)
transaction.
o Possession of over eighty (80) liters of malt beverage, other than draft malt beverages in
kegs, creates a presumption that it is possessed for sale.
o Unfortified wine: A person may purchase no more than fifty (50) liters of unfortified wine, in
one (1) transaction.
o Fortified wine/spirituous liquor: A person may purchase no more than eight (8) liters of fortified
wine or spirituous liquor or a combination of the two, in one transaction.
(Pg. 15-16) Name other possible criminal activities that may be associated with alcohol-related
offenses. - ANS-Lottery laws:
· Any person shall open, set on foot, carry on, promote, make or draw, publicly or privately, a
lottery, by whatever name, style or title the same may be denominated or known; or if any
person shall, by such way and means, expose or set to sale any house, real estate, goods,
chattels, cash, written evidence of debt, certificates of claims or any other thing of value
whatsoever, every person so offending shall be guilty of a Class 2 misdemeanor which may
include a fine not to exceed two thousand dollars ($2,000).
Gambling:
· Any person or organization that operates any game of chance or any person who plays at or
bets on any game of chance at which any money, property or other things of value is bet,
whether the same be in stake or not, shall be guilty of a Class 2 misdemeanor.
o This section shall not apply to a person who plays at or bets on any lottery game being
lawfully conducted in any state. A game of chance is "determined entirely or in part by lot or
mere luck, and in which judgment, practice, skill or adroitness have honestly no office at all, or
are thwarted by chance.
Tobacco Laws:
· If any person shall distribute, or aid, assist, or abet any other person in distributing tobacco
products or cigarette wrapping papers to any person under the age of 18, or if any person shall
purchase tobacco products or cigarette wrapping papers on behalf of a person less than 18
years of age, the person shall be guilty of a Class 2 misdemeanor.
· If any person under the age of 18 purchases or accepts receipt, or attempts to purchase or
accept receipt of tobacco products or cigarette wrapping papers, or presents or offers to any
person any purported proof of age which is false, fraudulent or not actually his or her own, for
the purpose of purchasing or receiving any tobacco product or cigarette wrapping papers, t
(Pg. 36-37) State the role of law enforcement as it relates to in the issuance of various forms of
criminal process. - ANS-· Criminal summons: Charges a crime and orders the accused to
,appear in court on a designated time and date to answer to the charges against him. The
accused is not arrested on a criminal summons, but instead served the summons to appear in
court on a specified date.
· Magistrate's order: An officer must take a person arrested without a warrant to a magistrate so
that the magistrate may determine whether to issue a magistrate's order. A magistrate's order is
a document that charges a person with a criminal offense; it is issued only if the magistrate
determines that probable cause exists to believe that a criminal offense was committed, and that
the defendant committed that offense.
· Order for arrest: Process issued by a judicial official that orders a law enforcement to take a
named person into custody.
· Officers usually appear in person before a magistrate to present under oath the facts which
justify the issuance of the warrant or other process charging a criminal offense or offenses.
(Pg. 8-13) State how the First Amendment affects the law enforcement function: Establishes
rights that we consider basic in a free society - ANS-· These rights are the freedoms of religion,
speech, press, assembly, and petition.
a. Religion: Congress cannot make any law concerning the establishment of religion or
prohibiting the free exercise of religion. These two (2) clauses prevent the federal government
from establishing a national church (requiring support by taxation) or from intruding on personal
religious beliefs
i. Establishment clause: Government may not require or enforce religious observations.
Government may not compel citizens to follow any particular religion, either through law or
spending of tax dollars.
ii. Free exercise clause: Citizens have a right to worship God, a Supreme Being, or hold any
other belief in compliance with their conscience.
b. Speech: The First Amendment protections for speech and press are directed toward the right
to criticize and publish freely. They are not absolute, and are subject to reasonable time, place,
and manner limitations.
i. Belief: Government cannot coerce its citizens to affirm or disavow a belief. A government can
prohibit participants (for example, standing, sitting, or lying upon highway or street G.S
20-174.1).
ii. Symbolic speech: Protected speech includes the spoken and written word, the act of not
speaking, and symbolic conduct. Ex. Burning the American Flag, Texas v. Johnson 1989, "F---
the draft" Cohen v. California.
Restrictions on free speech
Following types of speech have no First Amendment protection and thus may be barred by the
government:
· Obscenity: Depiction of sexual conduct that as a whole, by the average person, applying
contemporary community standards, appeals to the prurient interest in sex, portrays sex in a
patently offensive way, and does not have a serious literary, artistic, political, or scientific value.
· Fighting words: Words addressed to an ordinary citizen which are int
,(Pg.6-12) State the circumstances under which different types and amounts of alcoholic
beverages can be purchased, possessed or consumed on public or private premises. - ANS-·
Possession
o It is unlawful for a person under the age of 21 to purchase, attempt to purchase, possess, or
consume alcoholic beverages in North Carolina.
o If the person is 19 or 20 and the alcoholic beverage was possessed, or consumed, is a malt
beverage or unfortified wine, then the person may be charged with a Class 3 misdemeanor.
1. (Pg. 19) State the criminal and civil consequences law enforcement officers may face as it
relates to violating a citizen's constitutional rights: - ANS-a. Territorial jurisdiction refers to the
geographical area in which a law enforcement officers is empowered to act.
i. Statewide - Officers may arrest anywhere within the state
1. NCSHP
2. North Carolina Division of Motor Vehicles (DMV) officers, agents, and inspectors
3. North Carolina State Bureau of Investigation (SBI)
4. North Carolina Alcohol Law Enforcement (ALE) agents
5. NC Wildlife Enforcement officers
6. North Carolina Probation and Parole officers
ii. Local
1. Sheriffs and their deputies - may arrest within the county, on county property outside the
county, and anywhere in the state for felony committed in the county. Consolidated county-city
law enforcement agencies also have this jurisdiction
2. City police officers - may arrest in the city in which they serve, in the area within one (1) mile
of the city limits, and on city property outside the city.
3. Alcohol Beverage Control (ABC) officers employed by county or city ABC boards - ABC
officers employed by county may arrest anywhere in the county in which they are employed.
ABC officers employed by the city may arrest anywhere in the county in which they are
employed, unless limited by a special legislative act that governs the city's ABC system.
4. Company police officers - may arrest on property owned or possessed and controlled by their
employer.
5. Campus police officers - Territorial jurisdiction of campus police of private colleges and
universities, UNC system institutions, and community colleges, includes the property owned or
leased by the educational institution that employs them, and the portions of public roads passing
through or immediately adjoining their property.
iii. Immediate and continuous pursuit: If offender committed any criminal offense for which the
officer can arrest within his or her jurisdiction, the officer can pursue the offen
1. (Pg. 2-4) Recite five (5) items an officer should be aware of before the first day in court, as
provided in the lesson plan. - ANS-· The first day in court as a new law enforcement officer
should not be the first day at the courthouse. Before the first day that the new officer's cases are
scheduled for court, an experienced officer should take the new officer to the courthouse and
show the new officer around.
· While on the initial visit to the courthouse, the new officer should observe 1-2 hours of court or
more, meet the assistant district attorney assigned to court that day, the judge, as many defense
attorneys as possible, and all of the other court personnel (i.e., clerk of court staff, bailiffs, etc.).
, 1. (Pg. 2-4) Recite five (5) items an officer should be aware of before the first day in court, as
provided in the lesson plan. - ANS-Where to park the vehicle while in court,Where are the
bathrooms and the place where other officers,How to get to see the district attorney (D.A.) in
advance about a case,The function of all court personnel.Where to sit while waiting for cases to
be called for trial,Where to stand while summarizing the evidence in a case when the defendant
pleads guilty?,Where and how to get copies of the court docket for that day?,An experienced
officer should advise the new officer of any particular policies of the judge or district attorney.
1. (Pg. 23-32) State the definitions of "reasonable suspicion" and "probable cause." - ANS-a.
Purpose of an Investigative stop- is to determine whether there is probable cause to believe
that:
i. A crime has or is being committed; and
ii. The suspect has probably committed the crime
b. Legal standard for Investigative Stops - Reasonable Suspicion
i. Terry established that when an officer develops reasonable suspicion to believe criminal
activity is afoot, he can conduct a brief investigative stop.
ii. Reasonable suspicion is a "minimal level of objective justification" more than a hunch, but less
than probable cause.
iii. In ascertaining whether an officer had a reasonable suspicion to make an investigatory stop,
the court must consider the totality of the circumstances. The stop must be based on specific
and articulable facts as well as the rational inferences from those facts, as viewed through the
eyes of a reasonable, cautious officer, guided by his experience and training.
iv. A generalized suspicion, or hunch, is insufficient to justify an investigative stop.
c. Legal standard for arrests - probable cause
i. To be lawful, arrests must be supported by probable cause. "Probable cause requires a
showing considering the totality of the circumstances that a crime was probably committed, and
the defendant probably committed it.
ii. The United States Supreme Court has defined probable cause to arrest as follows: whether at
the moment the arrest was made, the facts and circumstances within the officer's knowledge
and of which the officer has reasonably trustworthy information were sufficient to warrant a
prudent person in believing that the defendant had committed or was committing an offense.
iii. Private citizens authority to detain offenders and to assist law enforcement officers.
1. (Pg. 4-5) Name and describe, in writing, the three (3) sources of law. - ANS-a) Constitutional
law: The basic law of the land. This document sets forth the fundamental principles for
government, including grants and limitations of power. All other laws must comply with the basic
constitutional provisions. It also includes judicial interpretations of the constitution, which are set
forth in judicial decisions.
Each state also has its own constitution, generally modeled after the United States Constitution.
A typical state constitution:
1) Describes the basic organization of the state government, including the legislative, judicial,
executive, and administrative branches.
2) Establishes basic rights of citizens of the state
3) Makes provisions for amendments and for legislative enactments.
. (Pg.6-12) State the circumstances under which different types and amounts of alcoholic
beverages can be purchased, possessed or consumed on public or private premises. - ANS-·
Purchase
o Malt beverage: A person may purchase any amount of malt beverage in kegs after obtaining a
purchase-transportation permit and no more than eighty (80) liters in cans or bottles in one (1)
transaction.
o Possession of over eighty (80) liters of malt beverage, other than draft malt beverages in
kegs, creates a presumption that it is possessed for sale.
o Unfortified wine: A person may purchase no more than fifty (50) liters of unfortified wine, in
one (1) transaction.
o Fortified wine/spirituous liquor: A person may purchase no more than eight (8) liters of fortified
wine or spirituous liquor or a combination of the two, in one transaction.
(Pg. 15-16) Name other possible criminal activities that may be associated with alcohol-related
offenses. - ANS-Lottery laws:
· Any person shall open, set on foot, carry on, promote, make or draw, publicly or privately, a
lottery, by whatever name, style or title the same may be denominated or known; or if any
person shall, by such way and means, expose or set to sale any house, real estate, goods,
chattels, cash, written evidence of debt, certificates of claims or any other thing of value
whatsoever, every person so offending shall be guilty of a Class 2 misdemeanor which may
include a fine not to exceed two thousand dollars ($2,000).
Gambling:
· Any person or organization that operates any game of chance or any person who plays at or
bets on any game of chance at which any money, property or other things of value is bet,
whether the same be in stake or not, shall be guilty of a Class 2 misdemeanor.
o This section shall not apply to a person who plays at or bets on any lottery game being
lawfully conducted in any state. A game of chance is "determined entirely or in part by lot or
mere luck, and in which judgment, practice, skill or adroitness have honestly no office at all, or
are thwarted by chance.
Tobacco Laws:
· If any person shall distribute, or aid, assist, or abet any other person in distributing tobacco
products or cigarette wrapping papers to any person under the age of 18, or if any person shall
purchase tobacco products or cigarette wrapping papers on behalf of a person less than 18
years of age, the person shall be guilty of a Class 2 misdemeanor.
· If any person under the age of 18 purchases or accepts receipt, or attempts to purchase or
accept receipt of tobacco products or cigarette wrapping papers, or presents or offers to any
person any purported proof of age which is false, fraudulent or not actually his or her own, for
the purpose of purchasing or receiving any tobacco product or cigarette wrapping papers, t
(Pg. 36-37) State the role of law enforcement as it relates to in the issuance of various forms of
criminal process. - ANS-· Criminal summons: Charges a crime and orders the accused to
,appear in court on a designated time and date to answer to the charges against him. The
accused is not arrested on a criminal summons, but instead served the summons to appear in
court on a specified date.
· Magistrate's order: An officer must take a person arrested without a warrant to a magistrate so
that the magistrate may determine whether to issue a magistrate's order. A magistrate's order is
a document that charges a person with a criminal offense; it is issued only if the magistrate
determines that probable cause exists to believe that a criminal offense was committed, and that
the defendant committed that offense.
· Order for arrest: Process issued by a judicial official that orders a law enforcement to take a
named person into custody.
· Officers usually appear in person before a magistrate to present under oath the facts which
justify the issuance of the warrant or other process charging a criminal offense or offenses.
(Pg. 8-13) State how the First Amendment affects the law enforcement function: Establishes
rights that we consider basic in a free society - ANS-· These rights are the freedoms of religion,
speech, press, assembly, and petition.
a. Religion: Congress cannot make any law concerning the establishment of religion or
prohibiting the free exercise of religion. These two (2) clauses prevent the federal government
from establishing a national church (requiring support by taxation) or from intruding on personal
religious beliefs
i. Establishment clause: Government may not require or enforce religious observations.
Government may not compel citizens to follow any particular religion, either through law or
spending of tax dollars.
ii. Free exercise clause: Citizens have a right to worship God, a Supreme Being, or hold any
other belief in compliance with their conscience.
b. Speech: The First Amendment protections for speech and press are directed toward the right
to criticize and publish freely. They are not absolute, and are subject to reasonable time, place,
and manner limitations.
i. Belief: Government cannot coerce its citizens to affirm or disavow a belief. A government can
prohibit participants (for example, standing, sitting, or lying upon highway or street G.S
20-174.1).
ii. Symbolic speech: Protected speech includes the spoken and written word, the act of not
speaking, and symbolic conduct. Ex. Burning the American Flag, Texas v. Johnson 1989, "F---
the draft" Cohen v. California.
Restrictions on free speech
Following types of speech have no First Amendment protection and thus may be barred by the
government:
· Obscenity: Depiction of sexual conduct that as a whole, by the average person, applying
contemporary community standards, appeals to the prurient interest in sex, portrays sex in a
patently offensive way, and does not have a serious literary, artistic, political, or scientific value.
· Fighting words: Words addressed to an ordinary citizen which are int
,(Pg.6-12) State the circumstances under which different types and amounts of alcoholic
beverages can be purchased, possessed or consumed on public or private premises. - ANS-·
Possession
o It is unlawful for a person under the age of 21 to purchase, attempt to purchase, possess, or
consume alcoholic beverages in North Carolina.
o If the person is 19 or 20 and the alcoholic beverage was possessed, or consumed, is a malt
beverage or unfortified wine, then the person may be charged with a Class 3 misdemeanor.
1. (Pg. 19) State the criminal and civil consequences law enforcement officers may face as it
relates to violating a citizen's constitutional rights: - ANS-a. Territorial jurisdiction refers to the
geographical area in which a law enforcement officers is empowered to act.
i. Statewide - Officers may arrest anywhere within the state
1. NCSHP
2. North Carolina Division of Motor Vehicles (DMV) officers, agents, and inspectors
3. North Carolina State Bureau of Investigation (SBI)
4. North Carolina Alcohol Law Enforcement (ALE) agents
5. NC Wildlife Enforcement officers
6. North Carolina Probation and Parole officers
ii. Local
1. Sheriffs and their deputies - may arrest within the county, on county property outside the
county, and anywhere in the state for felony committed in the county. Consolidated county-city
law enforcement agencies also have this jurisdiction
2. City police officers - may arrest in the city in which they serve, in the area within one (1) mile
of the city limits, and on city property outside the city.
3. Alcohol Beverage Control (ABC) officers employed by county or city ABC boards - ABC
officers employed by county may arrest anywhere in the county in which they are employed.
ABC officers employed by the city may arrest anywhere in the county in which they are
employed, unless limited by a special legislative act that governs the city's ABC system.
4. Company police officers - may arrest on property owned or possessed and controlled by their
employer.
5. Campus police officers - Territorial jurisdiction of campus police of private colleges and
universities, UNC system institutions, and community colleges, includes the property owned or
leased by the educational institution that employs them, and the portions of public roads passing
through or immediately adjoining their property.
iii. Immediate and continuous pursuit: If offender committed any criminal offense for which the
officer can arrest within his or her jurisdiction, the officer can pursue the offen
1. (Pg. 2-4) Recite five (5) items an officer should be aware of before the first day in court, as
provided in the lesson plan. - ANS-· The first day in court as a new law enforcement officer
should not be the first day at the courthouse. Before the first day that the new officer's cases are
scheduled for court, an experienced officer should take the new officer to the courthouse and
show the new officer around.
· While on the initial visit to the courthouse, the new officer should observe 1-2 hours of court or
more, meet the assistant district attorney assigned to court that day, the judge, as many defense
attorneys as possible, and all of the other court personnel (i.e., clerk of court staff, bailiffs, etc.).
, 1. (Pg. 2-4) Recite five (5) items an officer should be aware of before the first day in court, as
provided in the lesson plan. - ANS-Where to park the vehicle while in court,Where are the
bathrooms and the place where other officers,How to get to see the district attorney (D.A.) in
advance about a case,The function of all court personnel.Where to sit while waiting for cases to
be called for trial,Where to stand while summarizing the evidence in a case when the defendant
pleads guilty?,Where and how to get copies of the court docket for that day?,An experienced
officer should advise the new officer of any particular policies of the judge or district attorney.
1. (Pg. 23-32) State the definitions of "reasonable suspicion" and "probable cause." - ANS-a.
Purpose of an Investigative stop- is to determine whether there is probable cause to believe
that:
i. A crime has or is being committed; and
ii. The suspect has probably committed the crime
b. Legal standard for Investigative Stops - Reasonable Suspicion
i. Terry established that when an officer develops reasonable suspicion to believe criminal
activity is afoot, he can conduct a brief investigative stop.
ii. Reasonable suspicion is a "minimal level of objective justification" more than a hunch, but less
than probable cause.
iii. In ascertaining whether an officer had a reasonable suspicion to make an investigatory stop,
the court must consider the totality of the circumstances. The stop must be based on specific
and articulable facts as well as the rational inferences from those facts, as viewed through the
eyes of a reasonable, cautious officer, guided by his experience and training.
iv. A generalized suspicion, or hunch, is insufficient to justify an investigative stop.
c. Legal standard for arrests - probable cause
i. To be lawful, arrests must be supported by probable cause. "Probable cause requires a
showing considering the totality of the circumstances that a crime was probably committed, and
the defendant probably committed it.
ii. The United States Supreme Court has defined probable cause to arrest as follows: whether at
the moment the arrest was made, the facts and circumstances within the officer's knowledge
and of which the officer has reasonably trustworthy information were sufficient to warrant a
prudent person in believing that the defendant had committed or was committing an offense.
iii. Private citizens authority to detain offenders and to assist law enforcement officers.
1. (Pg. 4-5) Name and describe, in writing, the three (3) sources of law. - ANS-a) Constitutional
law: The basic law of the land. This document sets forth the fundamental principles for
government, including grants and limitations of power. All other laws must comply with the basic
constitutional provisions. It also includes judicial interpretations of the constitution, which are set
forth in judicial decisions.
Each state also has its own constitution, generally modeled after the United States Constitution.
A typical state constitution:
1) Describes the basic organization of the state government, including the legislative, judicial,
executive, and administrative branches.
2) Establishes basic rights of citizens of the state
3) Makes provisions for amendments and for legislative enactments.
