NC Blet 2023-1 State Exam Study guide Questions and Answers

Identify the circumstances under which different types and amounts of alcoholic beverages can be purchased, possessed, or consumed on public or private premises. - Answer- Malt Beverage- 80L in cans or bottles in one transaction Unfortified Wine- No more than 50L in one transaction Fortified Wine- No more than 8L Purchase-transportation permit is to aid the officer in their investigations to identify the source of the alcohol if it was potentially involved in the commission of a crime such as DWI, traffic fatality, overdoes, etc. Cannot be sold to a person under the age of 21 Alcohol cannot be consumed by anyone before 7:00am or after 2:30am on a licensed premises. Identify the circumstances under which different types and amounts of alcoholic beverages can be possessed, consumed, and transported in a motor vehicle. - Answer- It is unlawful for a person under the age of 21 to purchase, attempt to purchase, possess, or attempt to possess, or consume alcoholic beverages It is unlawful for any person to aid or abet in the unlawful possession of alcoholic beverages It is unlawful for a person operating a for hire vehicle to transport fortified wine or spirituous liquor unless the vehicle is transporting a paying customer It is unlawful for the driver of a motor vehicle to transport fortified wine or spirituous liquor in other than the original closed container It is unlawful to transport any amount of non-taxpaid liquor in a motor vehicle, boat, airplane, or other conveyance. Discuss other possible criminal activities that may be associated with alcohol related offenses. - Answer- Lottery laws Gambling Tobacco laws Identify terrorism threats specific to North Carolina - Answer- As with the rest of the US the greatest threat to NC comes from WMD attack Agriculture is the most vulnerable target in North Carolina with 57,000 farms; the major concern that terrorists couls use zoonoses and biological weapons that contain Foot and Mouth disease, Hog Cholera, African Swine Fever, and Ebola Multiple military installations in North Carolina Four interstates 95, 85, 77, and 40 Discuss the NTAS (national terrorism advisory system) - Answer- In April of 2011 the NTAS replaced the homeland security system ; The NTAS includes information specific to the particular credible threat and will NOT use a color-coded system; NTAS contains a sunset provision indicating a date when a specific alert expires; If you see something, say something; NTAS alerts provide a concise summary of the potential threat, information about actions being taken to ensure public safety, and recommend steps that individuals, communities, businesses, and governments can take to help prevent, mitigate, or respond to the threat. Identify and report indicators of possible or impending terrorist attack - Answer- Attacks are organized and planned weeks, months, or sometimes even years in advance; General Observations: Loitering around sensitive areas, loud, boisterous behavior in a group of individuals, large quantities of hundred dollar bills not associated with observable lifestyle, cypher/code packs, foreign terms/phrases not used in context, misstatements of common american terminology; Surveillance: Persons observed with maps, photos, or diagram sketches with facilities highlighted, nigh-vision devices, parking, standing, or loitering in the same areas over multiple days, thefts of military, law enforcement, or fire ID cards, license plates, uniforms, etc.. Identify and report indicators of illegal alien status and determine detention strategies if necessary - Answer- False identification including social security cards, military identification cards, alien registration cards drivers licenses Check for passport or other documentation, ask the person to write their name in their native language, DRO and ICE, can be charged with a violation of NC G.S. Consular notification if necessary Explain the 3 classification of aliens - Answer- Lawfully admitted permanent resident aliens (LAPRS)- Legal residents of the US also known as immigrants, commonly referred to as green card holders Non-immigrant aliens (NIV's)- Admitted on a temporary basis, which varies among numerous non-immigrant visa types Illegal entrant aliens (EWI's)- EWI's come from the term of law violation:entry without inspections; present in the US and have never been granted permission to enter or reside in the US. What is the procedure to follow for basic consular notification upon the arrest or detention of a foreign national as required by the US department of State. - Answer- The law enforcement officer who actually make the arrest should make the consular notification; determine the foreign nationals country of nationality, notify the nationals nearest consulate without delay, of the arrest or detention, inform the national that you are making the notification, forward any communication from the national to the consulate without delay, keep a written record of the information provided Name and describe the three sources of law - Answer- Constitutional Law, Statutory Law, Common Law (constitutional sets forth the fundamental principles on government, including grants and limitations of power) Describe how the First Amendment affects the law enforcement function - Answer- Reasonable Time, Manner and place restrictions; Obscenity, Fighting words, Threats, Incendiary speech are not protected by the first amendment Recognize the criminal and civil consequences law enforcement officers may face for violating a citizens constitutional rights - Answer- Lawsuits, loss of job, jail time, policy write-up, lose the case Explain how law enforcement authority is affected by subject matter and territorial jurisdiction - Answer- Territorial jurisdiction-refers to the geographical area in which a law enforcement officer is empowered to act; Immediate and continuous pursuit means an officer can pursue and arrest the offender anywhere in NC, the pursuit must be continuous and not stop to do something else; may arrest outside NC only under the following circumstances: GA, VA, SC, TN and for a suspected felony committed in NC. Subject Matter- Refers to the types of crimes for which officers are authorized to make an arrest. Compare and contrast reasonable suspicion and probable cause - Answer- Reasonable suspicion- the minimal level of objective justification, more than a hunch but less than probable cause; Probable Cause-requires a showing, considering the totality of circumstances, that a crime was probably committed and the defendant probably committed it. A degree of certainty that corresponds to probable cause is fair probability; required for arrest. Compare and contrast the following police-citizen encounters: voluntary contact, investigative detention, and arrest - Answer- a. Voluntary contact: officers need no justification to approach a citizen, must limit their actions to avoid creating a seizure, non-confrontational language, avoid physical contact with or movement of citizen, should not frisk unless consent is given. b. Investigative detention: when an officer develops reasonable articulable suspicion to believe criminal activity is afoot, he can conduct a brief investigative stop, reasonable suspicion is a minimal level of objective matter, the stop must be based on specific and articulable facts as well as the rational inferences from those facts, a hunch is insufficient to justify an investigative stop, Limitations (limited to a time which is reasonable to determine if there is PC: 20 minutes; can question without Miranda (suspect does not have to answer); if an officer can articulate that his safety is in jeopardy and the suspect may be armed, officer may frisk c. Arrest: suspect submits to the control of the arresting officer who has indicated his intent to arrest or the arresting officer, with intent to make an arrest, takes a person into custody by the use of physical force. More intrusive, bring the suspect to magistrate with unnecessary/undue delay. Officers may move the suspect against his will, restrain a suspect, transport a suspect, and search a suspect during this process. Cannot interrogate without reading Miranda and obtaining valid waiver When is an officer authorized under G.S. 15A-401(d)(2) - Answer- To defend himself or a third person from what he reasonably believes to be the use or imminent use of deadly physical force To prevent the escape of a suspect from custody who he reasonably believes is attempting to escape by using a deadly weapon To effect an arrest or prevent an escape from custody of a person who, by his conduct or any other means, indicates that he presents an imminent threat of death or serious physical injury to others unless apprehended without delay To prevent the escape of a person from custody imposed upon him as a result of conviction for a felony List the four Miranda warnings - Answer- Right to remain silent (not incriminate oneself) Whatever is said can be used in court of law Right to attorney Right to have an attorney appointed if they cannot afford one Identify and explain the exceptions to the Miranda requirement. - Answer- Routine booking questions (height, weight, eye color, how old the suspect is on their 5th birthday) public safety exception (questions involving the location of a deadly weapon which threatens public safety) spontaneous, voluntary statements, and custodial or non-custodial questioning by non-law enforcement persons not acting as agents of the police, are exceptions to the Miranda rule where they don't have to be read. Identify the legal requirements governing preparation and execution of a search warrant for a suspect's premises, vehicle, or person. - Answer- a. Probable cause b. Must particularly describe the items to be seized, must establish that the item to be seized is stolen, contraband, used or possessed to commit or conceal the commission of a crime, evidence of a crime or identity of a suspect c. Description should be sufficient so that an officer unfamiliar with the investigation will be able to seize property d. Specific items to be described: stolen property, weapons, evidence of ownership/possession, controlled substances, persons e. Identify the crime that was committed f. Describe the property to be searched: premises, a street address is legally sufficient. Officers should include a physical description and directions or map. Vehicles: include VIN, make, model, year, color, license, any unique characteristic. g. Officers background: agency, years in LE, years on current assignment, certifications and special training, education, knowledge of particular offense h. Source of info: personal observation, hearsay (other people told you, anon tip, other officers, citizen info, confidential informants, etc.) i. Informant credibility: the best way to indicate the informant is credible is to show he/she has given previous information which has led to arrests, convictions and seizures of property of any type described in the instant warrant application. Present warrant to judicial official, must make an independent judgment on if there is PC, must advice judicial official of facts sufficient to establish PC. j. Subject matter and territory play a part in who can execute warrant. k. Warrant must be served within 48 hours otherwise it is VOID l. Officer must give appropriate notice of identity and purpose. m. Before searching officers must read the warrant to the occupant. If no one is home, leave a copy of the warrant affixed to the premise or vehicle searched n. Must only search what is on the search warrant and in places only subjected to what is being searched for in the warrant. o. Evidence not named in warrant but is seen based on plain view may be seized. p. Officers may not detain or frisk other persons unless there is reasonable suspicion to believe they are armed or dangerous. q. Officer must return the executed warrant to the clerk as well as a written inventory of the items seized. Officer who executed warrant must sign and swear to the truth of the inventory form. Unnecessary delay: absent special circumstances, the warrant should be returned to the clerk on the date of execution or (if the clerk's office is closed) on the next day of business These are written laws enacted by the legislative branches - Answer- Statutory laws The fourth amendment covers what rights - Answer- Unreasonable search and seizure by the government Under what circumstances can an officer make a felony arrest without a warrant - Answer- Committed in his presence Subject matter jurisdiction territorial jurisdiction committed outside of his presence What did Graham v Connor establish - Answer- The overriding test for all use of force, whether deadly or not, is whether the use of force was objectively reasonable under the circumstances and at the time the force was used What is the document called that is prepared by the plaintiff that indicated who he is suing - Answer- Complain A magistrates summons in small claims court cannot exceed what dollar amount - Answer- 10000 If a defendant fails to file an answer within the appropriate time, what may be entered in favor of the plaintiff - Answer- A default judgement Who initially hears a special proceeding - Answer- Clerk of superior court How many days does the defendant have to file a written answer with the Clerk of superior courts office - Answer- 10 days In a proceeding to terminate parental rights the summons tells the parents that they must file an answer to the Clerk of Superior Court within how many days - Answer- 30 What is the first action a deputy must take when receiving a summons for service - Answer- Check for proper signatures How many days after the date a clerk issues it must a civil summons be served - Answer- 60 Is there a statutory requirement to read or explain the summons to the defendant - Answer- No Does a deputy have to make the defendant take possession of the summons - Answer- No; it can be left at their feet What is the lawsuit by a landlord to evict a tenant from a rental property - Answer- Summary Ejectment What is the legal process that commands a person to appear in court - Answer- Subpoena Who must sign a child custody order - Answer- district court judge An ex-parte hearing must be given within how many hours - Answer- 72 What is the court order that authorizes the seizure of real or personal property that is sufficient in amount to satisfy a judgment for a stated amount - Answer- Attachment What is the seizure of property under a court order called - Answer- Levy What allows a deputy to take immediate delivery of a certain specified personal property - Answer- Claim and Delivery What is the only type of property which may be seized in claim and deliveries - Answer- Personal What is the only prejudgment remedy that specifically authorizes the use of force - Answer- claim and delivery Who is the only court officer that is authorized to issue an execution on an unsatisfied judgment - Answer- Clerk of Court The writ of possession in summary ejectment actions is valid for how many days - Answer- 90 days What substance creates a feeling of excitement, energy and alertness; both physically and psychologically addictive - Answer- Stimulants What schedule is ecstasy - Answer- Schedule I How many schedules of drugs are there? - Answer- Six What schedule is the most highly addictive, highest potential for abuse and has no medical use. - Answer- Schedule I What drugs act on the central nervous system, produce a sleep-like state, are used in the practice of medicine but heavily abused on the street are called what - Answer- Narcotics