QUESTIONS AND CORRECT DETAILED ANSWERS
(VERIFIED ANSWERS) |ALREADY GRADED A+||BRAND
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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
Intersections - CORRECT 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 _____. - 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
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
In Miranda v. Arizona, the court assured a criminal defendant the right to _____ when said
defendant was _____ - CORRECT ANSWER- An attorney
Custodially interrogated
Who can issue a Search Warrant? - CORRECT ANSWER- The Judge of a Court having jurisdiction
For evidence to be admissible it must be relevant, _____ - CORRECT 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 _____ -
CORRECT ANSWER- "Excited utterance" exception