CLEET - Final Exam Notes Questions And Answers Rated 100% Correct!!

Intersections - Answer-Most serious crashes for LEO occur where? Searches and seizures conducted outside the judicial process, without prior approval by a neutral and detached judge or magistrate, are "per se" unreasonable _____. - Answer-under the Fourth Amendment - subject only to a few specifically established and well-delineated exceptions Hearsay is _____ - Answer-Second hand information Which class of person may not be permitted to testify as "lay" (non-expert) witnesses? - AnswerPersons 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 _____ - Answer-the District Attorney may file a Motion to Revoke What are the three primary factors that influence criminal jurisdiction in Indian country? - 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? - 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 - 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. - 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? - 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? - 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 ____ - 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 - 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 _____ - 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 ____ - 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 _____ - Answer-may not be used in courtIn the US Supreme Court Case US vs. Havens, the court held that illegally seized evidence _____ be used in court _____ - Answer-Could To impeach the witness because preventing perjury is so important In Mapp v. Ohio, the evidence was suppressed because _____ - 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 _____ - Answer-It will deter peace officers from illegally seizing evidence, because the officers know the evidence will not be admissible In Miranda v. Arizona, the court assured a criminal defendant the right to _____ when said defendant was _____ - Answer-An attorney Custodially interrogated Who can issue a Search Warrant? - Answer-The Judge of a Court having jurisdiction For evidence to be admissible it must be relevant, _____ - Answer-Material, and Competent The exception to the hearsay rule that allows the jury to hear a statement made while the declarant was still under the stress caused by the crime is commonly known as the _____ - Answer-"Excited utterance" exception If at the end of a trial the jury entertains a reasonable doubt as to whether the State has proven the elements of the crime, they _____ - Answer-Should acquit When the court accepts a fact as true, because it cannot be seriously disputed, that is known as - Answer-Judicial noticeIf a peace officer discovers a minor who has been injured, and no parent of the child can be found, the officer may _____ - Answer-Authorize treatment if the physician says immediate treatment is necessary Sam was found guilty at the age of 16 of the crime of Burglary 1st Degree. Sam was certified to receive an adult sentence and imposition of judgement and sentence was deferred. Sam is now 17 and you have arrested Sam for misdemeanor assault & battery. Sam will be handled as a(n) _____ - Answer-Adult Ted broke into Sally's appartment at 4:30am while Sally was sleeping. While in the appartment, Ted intentionally set Sally's bed on fire. The crime that Ted would most probably be charged with is _____ - Answer-Arson in the first degree Sam is standing in the middle of his living room holding a .45 semiautomatic pistol when you lawfully enter his residence to serve a court summons. You are aware that Sam has been convicted of a felony and has not been pardoned. Sam has committed _____ - Answer-A felony