CLEET Cert Test Review Questions with Answers

CLEET Cert Test Review Questions with Answers A crime may be defined as... - Answer-A public offense, forbidden, which the government sanctions. A suspect may invoke his/her right to counsel or right to remain silent when? - Answer- At any time during the investigation. A self incriminatory statement by a subject, falling short of a complete acknowledgement of guilt is known as what? - Answer-Admission Ted broke into Sally's at 0730 while Sally was sleeping. While in the apartment, Ted intentionally set Sally's bed on fire. What crime did Ted commit? - Answer-1st Degree Arson Cases where the court of criminal appeals has interpreted statutory law in very specific cases are called what? - Answer-Case Law An arrest warrant issued out of the district court charging a misdemeanor... - Answer- Can be served according to what the warrant states. Malice afore-thought as used in murder in the first degree may be defined as what? - Answer-Deliberate intent Normally, if you make an arrest outside your jurisdiction, you must... - Answer-Make the arrest as a private citizen False arrest & false imprisonment cases are what? - Answer-Criminal and Civil What are the 2 main types of municipal courts in Oklahoma? - Answer-Court of record & Court of non record A writ is... - Answer-An order of the court Mary (13 y/o), gives her consent to have sexual intercourse with Sam (22 y/o). If Sam has intercourse with Mary, what crime has been committed? - Answer-1st Degree Rape Burden of proof in a civil case is... - Answer-Preponderance of the evidence What amendment gives a citizen to right to not self incriminate? - Answer-The 5th Amendment The elements of civil battery are... - Answer-Intentional, non-consensual, physical contact & another Person. The rights to an attorney during a police interrogation or when defendants are in custodial situations are defined in what Case Law? - Answer-Miranda v. Arizona Generally, a police officer may arrest for a misdemeanor? - Answer-Committed or attempted in his presence Improper service, improper venue, lack of jurisdiction, and statute of limitations are examples of... - Answer-Technical defenses of a constitutional tort Reasonable grounds such as would warrant a prudent person to believe certain facts are true is what? - Answer-Probable Cause Failure to exercise the necessary degree of care where a reasonable person would use under a given set of circumstances is what? - Answer-Negligence The legal steps necessary to provide a violation of a criminal statute is known as... - Answer-Elements of a crime Homicide is justifiable when? - Answer-When defending against deadly force A good rule concerning the use of force by a LEO is what? - Answer-Use force when it is necessary and then use only reasonable force. Under conditions specified in 21 O.S. 540B, a person commits a felony by running a roadblock. Under these conditions, what may an officer do? - Answer-Use deadly force if the person poses a threat of deadly force to the officer or another person. Sam is in his house sitting on the couch in the living room when you tell him that he is under arrest. Where/What can you search? - Answer-Sam and the Couch You have reason to search a motel room rented by an individual for a period of 5 days. It is currently day 2 of the rental facility. The individual is not available to give consent. What must you do? - Answer-Seek a search warrant An affidavit must describe the person or place to be searched... - Answer-So precisely that it excludes all other persons or places A search warrant must be executed and returned to the issuing magistrate within what? - Answer-10 days You are unable to appear to the magistrate to personally give a testimony & present your affidavit to the court to receive a search warrant. The statutes allow? - Answer-The magistrate to authorize you to sign their name. You are compelled to search a certain apartment which is known to be rented by Sam. You realize that you do not have enough PC to get a warrant. You decide to seek permission to search. The person who can give consent is who? - Answer-The lessee The Carroll Doctrine is a rule permitting searches of cars, boats, or aircraft without a search warrant, if what 3 conditions are present? - Answer-Evidence is mobile/have PC/ No time for warrant Mere suspicion or hunch allows the officer to? - Answer-Start an investigation Hearsay is? - Answer-Second hand information Direct evidence - Answer-Requires no interference to be drawn in order to reach a conclusion For evidence to be admissible it must be? - Answer-Factual & Material Searches & seizures conducted outside the judicial process without prior approval by a judge are "per se" unreasonable - Answer-Under the 4th Amendment subject to a few specifically established & well delineated exceptions. The reason a frisk is condoned by the court is? - Answer-For LEO protection The legal basis or a "Stop & Frisk" is? - Answer-Terry V. Ohio You have reasonable suspicion to believe that Sam is distributing cocaine from his car. You approach the car. Sam is sitting in the drier seat. You direct Sam out of the car and immediately conduct a "pat-down". You do not find a weapon on Sam, but you feel a rock hard object in Sam's sock. Based on your training & experience, you know the object is crack cocaine. This evidence what? - Answer-Admissible because the search is reasonable & you can reasonably articulate how you knew it was crack cocaine. Sam was convicted at 18 for Burglary in the 1st degree. Sam was certified to receive an adult sentence & was admitted to a deferred sentence. You have arrested Sam for misdemeanor A&B. How will Sam will be tried? - Answer-As an adult For purposes of abuse or neglect, Oklahoma defines a child as; - Answer-Anyone under 18 years of age Sam has been charged robbery with a FA. Sam is 15yrs old. Under Oklahoma law he is considered? - Answer-A youthful offender Which of the following guidelines for interrogating a juvenile is applicable if the info gained is to be admissible into evidence against the juvenile? - Answer-Allow the juvenile & parent a private session prior to the interrogation You suspect a delinquent of a felony crime and/or being an escapee, the child may be held in a certified jail not to exceed? - Answer-6 hours for purposes of ID, processing & transfer A warrantless arrest of a juvenile for the commission of a felony is good if it is based on? - Answer-Probable cause Children who cannot recognize reality or deal with ordinary demands of life are legally defined as? - Answer-A child in need of treatment An order in writing issued by the court to an LEO directing him or her to search for specific property to bring before the court is? - Answer-Search warrant A search conducted in the immediate area of a lawful arrest is; - Answer-Search incident to arrest Words of a witness from the witness stand s considered? - Answer-Testimonial evidence Evidence presented, often by both sides, upon which the trier of fact must decide the point in question is? - Answer-Proof When transferring a rifle or shotgun it must be? - Answer-Unloaded, safety on, action open & at port arms Common errors in handgun shooting are? - Answer-Breaking the wrist/bending waist/jerking trigger/failure to look at the front site During a misdemeanor arrest you should stand? - Answer-8-10 ft away During an assault the recommended distance from an agitated suspect is? - Answer-4-6 ft away In the color code awareness scheme, an officer should always be at what color of awareness? - Answer-Orange The 3 C's of survival are? - Answer-Courage/confidence/cognitive skills To judge someone by age, appearance, race, religion, etc is? - Answer-Prejudice Words by which their very utterance inflict injury or intend to incite an immediate breech of peace is? - Answer-Fighting words The only person exempt from license requirements to operate a motor vehicle as prescribed by Title 47 is? - Answer-Non-resident, 16 yrs older who is properly licensed in their home state It is a to lend, permit use by another or display an altered license plate. - Answer-Misdemeanor It is a to make a fee or altered license - Answer-Felony A driver involved in a property damage accident of $500 plus? - Answer-Shall make a written report To be classified as an emergency vehicle it must have? - Answer-Emergency lights & sirens