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.