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Note
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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 _____.
under the Fourth Amendment - subject only to a few
specifically established and well-delineated exceptions
Hearsay is _____
Second hand information
Which class of person may not be permitted to testify as "lay"
(non-expert) witnesses?
Persons 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 _____
the District Attorney may file a Motion to Revoke
What are the three primary factors that influence criminal
jurisdiction in Indian country?
- 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?
,- 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
- 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.
Assimilative 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?
Only 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?
Must 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 ____
He 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
so 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 _____
the magistrate to authorize you to sign the magistrate's name
to a copy of the search warrant.