WITH ANSWERS GRADED A+
✔✔Circumstantial evidence - ✔✔indirect evidence that does not, on its face, prove a
fact in issue but gives rise to a logical inference that the fact exists. Circumstantial
evidence requires drawing additional reasonable inferences in order to support the
claim.
✔✔Petty misdemeanor - ✔✔an offense prohibited by stature, which does not constitute
a crime. Punishable by a fine of up to $300
✔✔Misdemeanor - ✔✔a crime punishable by imprisonment of up to 90 days or a fine of
$1000 or both.
✔✔Gross Misdemeanor - ✔✔a crime punishable by imprisonment of up to one (1) year
or a fine of $3,000 or both.
✔✔Felony - ✔✔a crime for which the sentence of imprisonment for more than one (1)
year may be imposed.
✔✔Search Warrant - ✔✔an order in writing, in the name of the state, signed by a court
other than a court exercising probate jurisdiction, directed to a peace officer,
commanding the peace officer to make a search as authorized by law and hold any item
seized, subject to the order of a court
✔✔Arrest Warrant - ✔✔a document issued by a judge or magistrate that authorizes the
police to take someone accused of a crime into custody
✔✔Subpoena - ✔✔a written order to compel an individual to give testimony on a
particular subject, often before a court, but sometimes in other proceedings (such as a
congressional inquiry). Failure to comply with such an order to appear my be punishable
as contempt.
✔✔Order for protection - ✔✔issued through a civil process at the request of a petitioner.
The OFP may be issued to protect the petitioner as well as minor children or others
under the guardianship of the petitioner
✔✔Ex-parte order for protection - ✔✔Where an application under this section alleges an
immediate and present danger of domestic abuse, the court may grand an ex parte
order for protection and granting relief as the court deems proper, including an order. (1)
restraining the abusing party from committing acts of domestic abuse; (2) excluding any
party from the dwelling they share or from the residence of the other, including a
reasonable area surrounding the dwelling or residence, which area shall be described
specifically in the order. (3) excluding the abusing party from the place of employment of
the petitioner or otherwise limiting access to the petitioner by the abusing party at the
,petitioners place of employment (4) ordering the abusing party to have no contact with
the petitioner whether in person, by telephone, mail, email, or third party. (5) continuing
all currently available insurance coverage without change in coverage or beneficiary
designation (6) directing the care, possession, or control of a pet or animal owned,
possess, or kept by a part or a child of part (7) directing the respondent to refrain from
physically abusing or injuring any pet or animal without legal justification, known to be
owned, possessed, kept, or held by either part or minor child residing in the residence
or household of either party as indirect means of intentionally threatening the safety of
such person.
✔✔Harassment Restraining order - ✔✔an order signed by a judicial officer (judge or
referee) that orders someone to stop harassing you and have no contact, unless
allowed in the court order
✔✔night-capped warrant - ✔✔a warrant signed by a judge authorizing the arrest of an
individual at any time, day or night
✔✔No-knock warrant - ✔✔a warrant authorizing peace officers to enter certain
premises without first loudly and understandably announcing the officer's presence or
purpose and waiting an objectively reasonable amount of time thereafter for the
occupant to comply, based on a totality of the circumstances, prior to entering the
premises.
✔✔Curtilage - ✔✔includes the area immediately surrounding a dwelling, and it counts
as part of the home for many legal purposes, including searches and many selfdefense
laws.
✔✔4 Factors of curtilage - ✔✔1) the proximity of the thing to the dwelling
2) whether the thing is within an enclosure surrounding the home
3) what the thing is used for
4) What septs, if any, the resident took to protect the thing from observation/access by
people passing by
✔✔Domestic Abuse No Contact Order - ✔✔an order issued by a court against a
defendant in a criminal proceeding or a juvenile offender in a delinquency proceeding
for (1) domestic abuse (2) harassment or stalking (3) violation of an order for protection
(4) violation of a prior domestic abuse no contact order
✔✔Limitations of lawful warrantless searches - ✔✔1) When a public offense has been
committed or attempted in the officer's presence
2) when the person arrested has committed a felony, although not in the officer's
presence
3) when a felony has in fact been committed, and the officer has reasonable cause for
believing the person arrested to have committed it
, 4) upon a charge based upon reasonable cause of the commission of a felony by the
person arrested
5) under the circumstances described in clause (2), (3), or (4), when the offense is a
gross misdemeanor violation of section 609.52, 609.595, 609.631, 609.749, or 609.821
6) under circumstances described in clause (2), (3), or (4), when the offense is a
nonfelony violation of section 518B.01, subdivision 14; 609.748, subdivision 6; or
629.75, subdivision 2, or a nonfelony violation of any other restraining order or no
contact order previously issued by a court
7) under the circumstances described in clause (2), (3), or (4), when the offense is a
gross misdemeanor violation of section 609.485 and the person arrested is a juvenile
committed to the custody of the commissioner of corrections
8) if the peace officer has probable cause to believe that within the preceding 72 hours,
exclusive of the day probable cause was established, the person has committed
nonfelony domestic abuse, as defined in section 518B.01, subdivision 2, even though
the assault did not take place in the presence of the peace officer.
✔✔Contact - ✔✔freedom of movement of the person stopped remains complete
✔✔Detention - ✔✔temporarily limited
✔✔arrest - ✔✔contact is taken away
✔✔4 components of Miranda Warning - ✔✔1) any statements that a defendant in
custody makes during an interrogation are admissible as evidence at a criminal trial only
if law enforcement told the defendant of the right to remain silent and the right to speak
with an attorney before the interrogation started and the rights were either exercised or
waived in knowing voluntary, and intelligent manner.
✔✔Status Offense - ✔✔An act or conduct that is declared by statute to be an offense
but only when committed by a juvenile
✔✔Levels of juvenile offenses - ✔✔1) delinquents
2) Petty offenders
3) Juvenile Traffic Offenders
4) Juveniles certified to adult court
5) extended jurisdiction juveniles
6) juveniles age 16 or older accused of first-degree murder
✔✔Delinquents - ✔✔Individuals under the age of 18 who commit acts which would be
unlawful if committed by an adult, except for certain designated offenses and all petty
offenses (Minn. Stat. § 260B.007, subd. 6). An individual subject to a delinquency
hearing is entitled to effective assistance of counsel. Cases involving children under the
age of ten who are alleged to have committed an act that would be a crime if committed
by an adult are handled as civil CHIPS (children in need of protection or services)
hearings.