SCORE MORE
Colorado POST Study Guide Questions And Correct
Answers (Verified Answers) Guaranteed pass100%
Formal requirement for a victim to file a complaint:
Attempt to resolve the matter at a local level
Sexual assault
(§18-3-402) // any actor who knowingly inflicts intrusion or penetration (F4) if: the actor causes
submission of victim OR the actor knows the victim is incapable of appraising the nature of the conduct,
OR actor knows there is erroneous submission (believing to be their spouse), OR victim is under 15 and
actor is at least 4 years older (M1), OR between 15 and 17 and actor is 10 yrs older, OR victim is
physically helpless (F3) // F2 aggravators: actor is assisted by someone else, victim suffers SBI, involves
use of deadly weapon (or verbally represents)
Photographic arrays
ID procedures are not necessary if the witness knows the suspect (i.e. more than a short time or mere
acquaintances)
What are the two types of arrest?
Custodial
Non-Custodial
,SCORE MORE
An emergency protective order expires after _____?
Three judicial days
§ 18-1-402. Presumption of Innocence
Every person is presumed innocent until proved guilty
§ 18-1-403. Legal Assistance and Supporting Services
All indigent persons who are charged with or held for the commission of a crime are entitled to legal
representation and supporting services at the state's expense
Dunaway v. New York said what?
an officer needs PC for any arrest
§ 18-1-404 Preliminary hearing or waiver-dispositional hearing
Every person accused of a class 1, 2, or 3 felony or level 1 or level 2 drug felony has the right to demand
and receive a preliminary hearing within a reasonable time to determine whether PC exists
Only those persons charged with a class 4, 5, or 6 felony that requires mandatory sentencing, or is
charged with a crime of violence or sexual offense, shall have the right to demand and receive a
preliminary hearing within a reasonable time to determine whether PC exists
How many jurors on a felony trial?
12
How many jurors on a misdemeanor trial?
,SCORE MORE
6
How long for a speedy trial?
180 days from the date of entry of a not guilty plea
§ 18-1-405
What property crime can you use deadly force to defend against?
First Degree Arson
§ 18-1-407 Affirmative Defense
Means that unless the state's evidence raises the issue involving the alleged defense, the defendant, to
raise the issue, shall present some credible evidence on that issue
If the issue involved in an affirmative defense is raised, then the guilt of the defendant must be...
Established beyond a reasonable doubt as to that issue as well as all other elements of the offense
When is an officer in detentions justified in using physical force?
in all other circumstances when and to the extent that he reasonably believes it is necessary to prevent
when he reasonably believes to be the escape of a prisoner from a detention facility
Detention Facility
any place maintained for the confinement, pursuant to law, or persons charged with or convicted of an
offense, held for extradition, or otherwise confined pursuant to an order of a court
, SCORE MORE
§ 18-1-707 Use of physical force in making an arrest or in preventing an escape.
(Deadly force)
A peace officer is justified in using deadly physical force upon another person when he reasonably
believes that it is necessary:
-to defend himself or a third person from what he reasonably believes to be the use or imminent use of
deadly physical force
-to effect an arrest or prevent an escape of a person whom he reasonably believes
----has committed or attempted to commit a felony involving the use or threatened use of a deadly
weapon
----is attempting escape by the use of a deadly weapon
----otherwise indicates that he is likely to endanger human life or to inflict SBI unless apprehended
without delay
§ 18-1-706 Use of Physical Force in Defense of Property
A person is justified in using reasonable and appropriate physical force upon another person when and
to the extent that he reasonably believes it is necessary to prevent what he reasonably believes to be an
attempt by the other person to commit theft, criminal mischief, or criminal tampering involving property
§ 18-1-705 Use of physical force in defense of premises
A person is justified in using reasonable and appropriate physical force upon another person when and
to the extent that it is reasonably necessary to prevent or terminate what he reasonably believes to be
the commission or attempted commission of an unlawful trespass by the other person in or upon the
building, realty, or premises
§ 18-1-704.5 Use of Deadly Physical Force against an intruder
(Make My Day Law)
Colorado POST Study Guide Questions And Correct
Answers (Verified Answers) Guaranteed pass100%
Formal requirement for a victim to file a complaint:
Attempt to resolve the matter at a local level
Sexual assault
(§18-3-402) // any actor who knowingly inflicts intrusion or penetration (F4) if: the actor causes
submission of victim OR the actor knows the victim is incapable of appraising the nature of the conduct,
OR actor knows there is erroneous submission (believing to be their spouse), OR victim is under 15 and
actor is at least 4 years older (M1), OR between 15 and 17 and actor is 10 yrs older, OR victim is
physically helpless (F3) // F2 aggravators: actor is assisted by someone else, victim suffers SBI, involves
use of deadly weapon (or verbally represents)
Photographic arrays
ID procedures are not necessary if the witness knows the suspect (i.e. more than a short time or mere
acquaintances)
What are the two types of arrest?
Custodial
Non-Custodial
,SCORE MORE
An emergency protective order expires after _____?
Three judicial days
§ 18-1-402. Presumption of Innocence
Every person is presumed innocent until proved guilty
§ 18-1-403. Legal Assistance and Supporting Services
All indigent persons who are charged with or held for the commission of a crime are entitled to legal
representation and supporting services at the state's expense
Dunaway v. New York said what?
an officer needs PC for any arrest
§ 18-1-404 Preliminary hearing or waiver-dispositional hearing
Every person accused of a class 1, 2, or 3 felony or level 1 or level 2 drug felony has the right to demand
and receive a preliminary hearing within a reasonable time to determine whether PC exists
Only those persons charged with a class 4, 5, or 6 felony that requires mandatory sentencing, or is
charged with a crime of violence or sexual offense, shall have the right to demand and receive a
preliminary hearing within a reasonable time to determine whether PC exists
How many jurors on a felony trial?
12
How many jurors on a misdemeanor trial?
,SCORE MORE
6
How long for a speedy trial?
180 days from the date of entry of a not guilty plea
§ 18-1-405
What property crime can you use deadly force to defend against?
First Degree Arson
§ 18-1-407 Affirmative Defense
Means that unless the state's evidence raises the issue involving the alleged defense, the defendant, to
raise the issue, shall present some credible evidence on that issue
If the issue involved in an affirmative defense is raised, then the guilt of the defendant must be...
Established beyond a reasonable doubt as to that issue as well as all other elements of the offense
When is an officer in detentions justified in using physical force?
in all other circumstances when and to the extent that he reasonably believes it is necessary to prevent
when he reasonably believes to be the escape of a prisoner from a detention facility
Detention Facility
any place maintained for the confinement, pursuant to law, or persons charged with or convicted of an
offense, held for extradition, or otherwise confined pursuant to an order of a court
, SCORE MORE
§ 18-1-707 Use of physical force in making an arrest or in preventing an escape.
(Deadly force)
A peace officer is justified in using deadly physical force upon another person when he reasonably
believes that it is necessary:
-to defend himself or a third person from what he reasonably believes to be the use or imminent use of
deadly physical force
-to effect an arrest or prevent an escape of a person whom he reasonably believes
----has committed or attempted to commit a felony involving the use or threatened use of a deadly
weapon
----is attempting escape by the use of a deadly weapon
----otherwise indicates that he is likely to endanger human life or to inflict SBI unless apprehended
without delay
§ 18-1-706 Use of Physical Force in Defense of Property
A person is justified in using reasonable and appropriate physical force upon another person when and
to the extent that he reasonably believes it is necessary to prevent what he reasonably believes to be an
attempt by the other person to commit theft, criminal mischief, or criminal tampering involving property
§ 18-1-705 Use of physical force in defense of premises
A person is justified in using reasonable and appropriate physical force upon another person when and
to the extent that it is reasonably necessary to prevent or terminate what he reasonably believes to be
the commission or attempted commission of an unlawful trespass by the other person in or upon the
building, realty, or premises
§ 18-1-704.5 Use of Deadly Physical Force against an intruder
(Make My Day Law)
