verified to pass 2025/2026
Note - correct answer ✔Just like with the previous set of notes, I haven't fact checked these notes,
don't know who created them, or how old they are. If you see errors, let me know and I'll try to correct
them as soon as possible!
Others have noticed a few cases of discrepancies between these notes and the other Final Exam flash
card deck. Keep in mind that I didn't create these. Trust YOUR notes when the answer given here looks
wonky.
Searches and seizures conducted outside the judicial process, without prior approval by a neutral and
detached judge or magistrate, are "per se" unreasonable _____. - correct answer ✔under the Fourth
Amendment - subject only to a few specifically established and well-delineated exceptions
Hearsay is _____ - correct answer ✔Second hand information
Which class of person may not be permitted to testify as "lay" (non-expert) witnesses? - correct answer
✔Persons who have no knowledge of the case
If a person has been convicted and placed on a suspended sentence, and that person then commits
another crime while still on probation, then _____ - correct answer ✔the District Attorney may file a
Motion to Revoke
What are the three primary factors that influence criminal jurisdiction in Indian country? - correct
answer ✔- Impact of sovereign status
- Plenary Power of Congress
,- U.S. Supreme Court interpretations of Indian law
What is Indian country as defined by 18 US Code Section 1151? - correct answer ✔- Within the limits of
any Indian reservation under the jurisdiction of the US Government
- Dependent Indian communities
- All land allotments, the Indian title to which has not been extinguished, including rights of way
What are the three major federal statutes in Title 18 of the Federal Code that govern federal criminal
jurisdiction in Indian Country - correct answer ✔- Indian Country Crimes Act
- Major Crimes Act
- Assimilative Crimes Act
The _______ allows federal criminal courts to borrow state criminal code to fill gaps where there is no
federal law and apply it to areas under exclusive federal control. - correct answer ✔Assimilative Crimes
Act
A non-Indian commits a burglary on the Muskogee (Creek) Nation property. How will the elements of
the crime be defined, and which guidelines will be used for sanctions if found guilty? - correct answer
✔Only Oklahoma Statutes
What are at least two ways to establish who is considered to be an Indian, for the purposes of criminal
jurisdiction in Indian Country? - correct answer ✔Must have Tribal or Federal recognition of the person
as Indian, and
Must be considered a member of a Federally recognized Tribe
, You make a traffic stop. The driver, who is a non-resident of Oklahoma and lives in another country, is
lawfully visiting the United States. He is exempt from Oklahoma's driver's license requirement if ____ -
correct answer ✔He has a valid driver's license from his home country in his immediate possession
An affidavit for a search warrant must describe the place to be searched - correct answer ✔so precisely
that location of the place to be searched may be determined solely by reference to the description
contained in the Warrant
You are unable to appear before the magistrate to personally give testimony and present your affidavit
to the court in order to receive a search warrant. The statutes allow _____ - correct answer ✔the
magistrate to authorize you to sign the magistrate's name to a copy of the search warrant.
A search warrant may only be served after 10:00pm when the ____ - correct answer ✔warrant states it
may be served at any time of day or night
In 1914 the federal case of Week vs. U.S. established the "exclusionary rule" in Federal Courts. The ruling
means that if a peace officer obtains evidence unlawfully, the evidence _____ - correct answer ✔may
not be used in court
In the US Supreme Court Case US vs. Havens, the court held that illegally seized evidence _____ be used
in court _____ - correct answer ✔Could
To impeach the witness because preventing perjury is so important
In Mapp v. Ohio, the evidence was suppressed because _____ - correct answer ✔The officers did not
have a search warrant and were not operating under one of the recognized exceptions
The public policy reasoning behind the exclusionary rule is _____ - correct answer ✔It will deter peace
officers from illegally seizing evidence, because the officers know the evidence will not be admissible