CLEET - Final Exam Notes from Another Class Part 2
Terms in this set (208)
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 _____.
under the Fourth Amendment - subject only to a few specifically established and well-delineated exceptions
Hearsay is _____
Second hand information
Which class of person may not be permitted to testify as "lay" (non-expert) witnesses?
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 _____
the District Attorney may file a Motion to Revoke
What are the three primary factors that influence criminal jurisdiction in Indian country?
- 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?
- 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
- 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.
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?
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?
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 ____
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
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 _____
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 ____
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 _____
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 _____
To impeach the witness because preventing perjury is so important
In Mapp v. Ohio, the evidence was suppressed because _____
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 _____
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 _____
Who can issue a Search Warrant?
The Judge of a Court having jurisdiction
For evidence to be admissible it must be relevant, _____
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 _____
"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 _____
When the court accepts a fact as true, because it cannot be seriously disputed, that is known as
If a peace officer discovers a minor who has been injured, and no parent of the child can be found, the officer may _____
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) _____
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 _____
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 _____
The legal steps necessary to violate a criminal statute are known as _____
Elements of the offense
The defense of duress is _____
Available when the person is compelled to commit the act to save his or her own life
_______ are all persons concerned in the commission of a crime, whether a felony or misdemeanor, with prior knowledge of the crime, and whether the person directly commits the act constitution the offense, or aids or abets its commission, although not present.
What is the name of the crime for which the elements are (1) taking, (2) of personal property, (3) of another, (4) without consent, (5) with intent to deprive the owner of its benefit?
What is the name of the crime for which the elements are (1) death of a human, (2) as a direct result of an act or event which happened in the commission of a misdemeanor (3) caused by the defendant or a person engaged with the defendant in the commission of the misdemeanor?
First Degree Manslaughter
Pursuant to the Oklahoma Uniform Jury Instructions, for the purposes of Arson First Degree prosecution, a building or structure is considered _____ if it actually contains one or more persons at the time of the crime, and is considered _____ if any part of it is normally used by any person for lodging.
In Oklahoma, it _can be_ a felony to carry a firearm into establishments where beer and intoxicating liquor are consumed. Persons exempt from this law are _____.
- the owner or proprietor of the establishment
- peace officers
- properly licensed private investigators in the course of their business
- persons with a valid SDA permit, provided the sale of beverages is not the primary purpose of the establishment
You answer a prowler call. A neighbor informs you that she heard glass breaking at the home next door. As you go to the back of the house you see someone run to the fence. Using your flashlight, you can see no sign of a weapon and believe the person is unarmed. After shouting "Police - stop!" The person starts over the fence and you believe the person is about to escape. You should _____.
Determine if probable cause exists to believe the suspect poses a serious threat of injury to you or others.
A warrantless arrest (taking into custody) of a juvenile, for the commission of a felony, is good, if it's based on _____.
A person having the power and authority to issue a warrant for the arrest of a person charged with a public offense is a _____.
The elements of negligence are well settled. They are _____.
An arrest warrant issued out of district court, charging a misdemeanor, can be served _____.
At any time, day or night, if the warrant so states
A suspect may invoke his right to counsel or right to remain silent _____.
At the beginning of the interrogation and anytime during the interrogation
When a person who would normally be treated as a juvenile is treated by the court as an adult, that process is known as _____.
If a peace officer discovers a minor who has been injured, and no parent of the child can be found, the officer may _____.
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 differed. Sam is now 17 and you have arrested Sam for misdemeanor assault and battery. Sam will be handled as an _____.
If you are to interrogate a juvenile, and have the information gained be admissible into evidence against the suspect, who should be allowed in the room with you and the juvenile?
You should allow one of the following to be present with the juvenile:
The titles of Oklahoma statutes most commonly referred to be law enforcement officers are _____.
Cases from the Oklahoma Court of Criminal Appeals are collected in a set of books called the _____.
The concepts of "procedural due process" and "substantive due process" are addressed in which US Constitutional Amendment?
The Vienna Convention requires _____.
A foreign national be given a chance to contact their consulate
The detention, interdiction, or other different treatment of an individual based solely on the basis of racial or ethnic status of the individual is _____.
The law that allows suit against a Peace Officer for Constitutional torts (and usually in federal court) is _____.
42 USC 1983
The legal concept which allows your employer to be held liable for the acts you commit as a law enforcement officer is _____.
The primary responsibility of a peace officer is _____
Do your actions as a police officer have a bearing on your relationship with the community?
What percentage of your time as a LEO is spent either on maintaining order or providing service unrelated to violations of the law?
One of the oldest and most effective crime prevention programs in the country is _____.
The most common type of lock found in a residential property is _____.
The hardest hit commercial robbery victim is _____.
The police citizen role is of prime importance for
The elements of Neighborhood Watch include a police citizen program to establish rapport, and a method to _____.
Encourage citizens to note/report suspicious activity to police
This type of crime prevention technique is aimed at not allowing crime to take place
Anticipating, recognizing and appraising crime risks and taking action to remove or reduce the risks is _____.
Do signs on windows, doors, etc. that indicate the presence of security devices (whether or not there actually are any) have a deterrent affect on crime?
Define law enforcement community relations
The process by which police and the community work together to identify and solve problems
Is high blood pressure a reaction to stress?
What is not a recommended way to cope with stress?
Working harder to keep your mind off it
_____ is important to achieving the overall gold of criminal justice
Mutual trust and respect
The first step in managing diversity is to recognize it and learn not to _____.
The cornerstone of community/police relations is
The way we speak to people can create a barrier to effective _____.
_____ pressure can lead you to do things you otherwise wouldn't do.
In community service, peace officers must _____
Serve the entire community
The cornerstone of human relations are
Social science concepts
Some ways to deter crime include the use of _____.
One way mirrors
"No cash" signs
What time of door is a residential security hazard?
Sliding glass doors
How can a business minimize the loss, in case they are robbed?
Keep cash on hand to a minimum
Remove large bills from registers regularly
Place cash in a drop safe that cannot be accessed by the cashier
Community relations rests with
The individual officer
There are two types of racism
Do all gestures and speech patterns have the same meaning across cultures?
Two ways of diffusing a situation include
The three elements of a good law enforcement officer are:
Sound moral principles
Ability to communicate
Can something that is good for one person be bad for another?
The foundation or cornerstone of our government is based on our American Creed that "all people are created equal", which is enshrined in what document?
The Declaration of Independence
Enforcing the law is both morally and physically demanding.
Rights can be taken away by acts of racism, officiousness and lack of understanding by others who were meant to protect them.
From knowledge of different cultures and beliefs comes _____.
What is the goal of community policing?
Give the community structure, skills, and resources to keep themselves safe.
All citizens deserve the same police service, this consists of:
The SARA model of community policing stands for _____.
The community policing program "Broken Windows" basis for success is _____
Serious crime can be reduced by strongly enforcing minor crimes
How many principals of community policing are there?
The ten principals of community policing are: vision, change, partnership, problem solving, empowerment, service, accountability, _____, _____, _____.
What is the definition of "personal power?"
The ability of a single individual, no matter his or her position, to inspire others to positive change.
What is a police report?
It is a means to record facts into a permanent record.
Who has access to your police report?
Anyone may obtain a copy under the Open Records Act
Police reports should be written to chronological order.
Police jargon and "10 codes" are acceptable when writing a police report.
The statement "I inventoried the suspect's car pursuant to department policy." is written in which person (1st, 2nd, 3rd, etc)
Which sentence is written using "active voice"?
The sandwich was bitten into by...
Mr. Hyde bit into the apple...
Mrs Lake will bite into the apple
Mr. Hyde bit into the apple
Police reports should be written in what tense?
Which sentence is written in past tense?
I begin to run faster.
I then began to interview the suspect.
I will turn around slowly.
I shall jump off the yellow boat.
I then began to interview the suspect.
Cultural competence is comprised of four components:
1. Awareness of your own cultural world view.
2. Attitude towards cultural differences.
3. Knowledge of different cultural practices
4. Cross-cultural skills
Developing cultural competence results in an ability to understand, communicate with, and effectively interact with _____ across cultures.
Cultural awareness is the foundation of _____, and it involves the ability of standing back from ourselves and becoming aware of our cultural values, beliefs and perceptions.
In the discussion of the four degrees of cultural awareness, the fourth and final stage brings people from different cultural backgrounds together for the creation of a culture of shared meanings. The degree is called _____.
We are generally aware that the first step in managing cultural diversity is to recognize it and learning ____.
Not to fear it
When managing cultural diversity, we should admit that we do not know all cultural differences. Knowing that we don't know everything, that a situation doesn't make sense, that our assumptions may be wrong is part of the process of becoming culturally aware. Assume _____, not similarities.
In order to understand another person, we need to try standing in his/her shoes. Through _____, we learn how other people would like to be treated by us.
A crime may be defined as ___________
A public offense, forbidden, which the gov't sanctions
A suspect may invoke his right to counsel or right to remain silent _______
Beginning of interrogation/ anytime during
A self-incriminatory statement by a subject, falling short of a complete acknowledgement of guilt is a
Ted broke into Sally's apartment at 730 am while Sally was sleeping. While in the apartment, Ted intentionally set Sally's bed on fire. The crime he could be charged with is _________
Arson 1st degree
Cases where the court of criminal appeals has interpreted statutory law in very specific cases are called
An arrest warrant issued out of the district court, charging a misdemeanor, can be served __________
Anytime of day or night if the warrant states that
Malice aforethought is used in murder in the first degree may be defined as __________
A felony may be defined as ______
A crime which is or may be punishable with death, a term in the penitentiary and or a fine.
Normally, if you make an arrest outside your jurisdiction you do so __________
As a private citizen
False arrest and false imprisonments cases are ______
Criminal and civil
Sam is standing in the middle of his living room holding a .45 semiautomatic pistol when you lawfully entered 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 _____
There are two main types of municipal counts in OK. These are _
Municipal courts of record and municipal courts not of record
Requisite elements of a crime are _____
- Committed voluntarily and intentionally by a capable person
- When a law exists and punishment is prescribed
- Enforceable by the state
A writ, as that term is used in law, is ______
An order of the court
In Oklahoma it can be a felony to carry a firearm into an establishment where beer and intoxicating liquor is consumed. Persons exempt from this law are ________
The owner of the establishment, peace officers and persons with a valid SDA permit, provided the sale of beverages
containing alcohol is not the primary purpose of the establishment.
Mary, age 13 gives her consent to have sexual intercourse with Sam, age 22. If same has intercourse with Mary, Sam has committed
Rape 1st degree
Burden of proof in a civil case is ________
Preponderance of the evidence
The defendant has the right to not testify. This right is guaranteed by the _____ to the US Constitution.
The elements of a civil battery are _____
Intentional, non-consensual, physical contact with another person
The right to an attorney during police interrogations, or when defendants are in custodial situations, us assured by
Miranda v. Arizona
Generally, a peace officer may ____
Arrest for a misdemeanor committed or attempted in his presence
Improper service, improper venue, lack of jurisdiction and statute of limitations are examples of __________
technical defenses of a constitutional tort
Reasonable grounds, such as would warrant a prudent person to believe certain facts are true, i.e., more than suspicion but less than proof beyond a reasonable doubt, is known as ________
Failure to exercise the necessary degree of care which a reasonable person would use under a given set of circumstances is called
The legal steps necessary to prove a violation of a criminal statute are known as ______
Elements of the offense
Homicide is justifiable ________
defending yourself against deadly force
A good rule of thumb concerning the use of force by law enforcement officer is ____
Use force when it is necessary and then use only reasonable force
Under conditions specified in 21 O.S 540B a person commits a felony by running a roadblock. Under such circumstances an officer may
Use deadly force only if the person poses a threat of deadly force to the officer or another
Sam is in his house sitting on the sofa in the living room, when you tell him he is under arrest. You may search __________
Sam & around the cushions on the sofa
You feel you have reason to search a motel room rented by an individual for period of five days. It is day two of the rental period. The individual is not available to give consent. You may _________
Seek a search warrant
A search warrant may only be served at night when the ______
Warrant states it may be served at any time day/ night
An affidavit must describe the person or place to be searched __________
So precisely that it excludes all other persons or places
A search warrant must be executed and returned to the issuing magistrate within _
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 _________
The magistrate to authorize you to sign the magistrates name to a copy to conform with the original testimony/
You feel compelled to search a certain apartment which is leased to sam. You realize that you do not have sufficient probable cause to get a search warrant so you decide to seek permission to search. The person who can give you permission is the __________
The Carroll Doctrine is a rule permitting searches of automobiles, boats or aircraft without a search warrant, if three conditions are present, the three conditions are ________
It is mobile, there must be prior probable cause, and there cannot be time to get a search warrant
Mere suspicion or a hunch allows the officer to ___________
Hearsay is ____
Second hand information
Sources of probable cause are ______
Police officers, defendants, witnesses, victims, media, and electronic means
Direct evidence ________
Requires no inferences to be drawn to reach a
For evidence to be admissible it must be relevant, _________
Something legally presented before a court, such as a statement of a witness or a physical object, which bears on, or establishes the
point in question, is the definition of _____
Searches and seizures conducted outside the judicial process, without prior approval by a judge, are "per se" unreasonable ___________
Under the Fourth amendment subject only to a few specifically established and well delineated exceptions
The reason a frisk is condoned by the court is that it is _______
For the officers protection
The legal basis for "stop and frisk" is _____
Terry v. Ohio
The titles of Oklahoma's statutes most frequently used by law enforcement officers in Oklahoma are _______
10A, 21, 22, 37, 47 and 63
You have reasonable suspicion to believe that Sam is distributing cocain from his car. You approach the car in which Sam is sitting in the drives seat. You direct Sam out of the car and immediately conduct a "pat down frisk". You do not find a weapon on Sam, but you feel a rock like object in Sam's sock. Based upon you training and experience you know that object is crack cocaine. This evidence is _______
Admissible because the search is reasonable and you can reasonable articulate how you know the object was crack cocaine
Sam was convicted at the age of 16 for the crime of burglary, 1st degree. Sam was certified to receive an adult sentence and was admitted to a deferred sentence. You have arrested Sam for a misdemeanor assault and battery. Sam will be handled as a ____
For purposes of abuse or neglect, Oklahoma legally defines a child as anyone under the ago of __ years
Sam has been charged with robbery with a firearm. Sam is fifteen years old and under Oklahoma law is considered a _______
Which of the following offers correct guidelines for interrogating a juvenile if the information gained is to be admissible into evidence against that juvenile
Allow the juvenile and his parent a private session prior to the interrogation
You suspect a delinquent of a felony crime and or being an escapee, the child may be held in a certified jail not to exceed ___________ hours for purposes of identification, processing and transfer
A warrantless arrest of a juvenile, for the commission of a felony, is good, if it's based on ___________
Children who cannot recognize reality or deal with the ordinary demands of life are legally defined as ___________ when adjudicated
In need of treatment
The amount of force utilized which is not authorized by law or goes beyond the amount of force necessary and reasonable to detain, restrain or protect is the definition of ____
Excessive use of force
An order in writing issued by a competent court to a law officer directing him to search for specific property to bring before the
A search warrant
Probable cause that a crime has or is being committed and that a search will uncover evidence or contraband and existing facts require an immediate search are elements of ________
A search based on exigent circumstances
A search conducted in the immediate area of a lawful arrest is ________
An inventory search
Words of a witness from the witness stand is considered _________
Evidence presented, often by both sides, upon which the trier of fact must decide the point in question is ____
Statistically, the most dangerous part of the arrest process when the subject will most likely attack or resist the officer is during
An average person can traverse 21 feet in ___________ seconds
Paralanguage is defined as __________
How we say things: tone, volume, rate of speech (context)
The two basic categories of assaults on law enforcement personnel are __ and ___
Strikes and holds
When performing a defense from a front choke, the officer initial response is to ____
Lower his or her center
Personal space varies with____
Age gender, habits, environment, cultural and ethnic differences
When officers approach any person who is angry or not, what angle should they approach the person?
The Oklahoma custody and control system is defined as: __ skills supported by __
While making contact with a visibly angered individual he suddenly throws a punch to your face. Your best course of action would probably be to
Unexpectedly move out of the line of attack
The relative positional zone of the greatest tactical advantage in combat is:
Loud, authoritative and appropriate verbal commands that protect an image of discipline and emotional self-control are encouraged throughout the application of force in order to:
Give the suspect specific instructions for compliance
According to Graham v. Connor, officers must utilize force in accordance with the
Reasonable officer standards
According to kinesics studies conducted by professor Ray L. Birdwhistle, when an officer makes contact, 90% of the communication that takes place between the officer and the subject is composed of:
During a critical incident where an officer finds himself or herself suddenly under attack, the strategy best adopted is that which incorporates the principle of:
Stationary positioning and tactically correct movement
When making a contact, the recommended minimum distance that should be established between the officer and the subject
4 to 6 ft
During a misdemeanor arrest, prior to handcuff application, the proper distance to be maintained between the officer and the
subject contacted is:
8 to 10 ft
Oklahoma state statute deals with the issue of excessive force by Oklahoma peace officers title ___________ section 34.1 and
According to statute, instances of excessive force are reported documented by any officer witnessing or participation in such force. An exemption from this requirement is included for:
Newly employed officers during probationary period
Statistically, the most dangerous part of the arrest process when the subject will most likely attack or resist the officer is during the:
Minimum force requirements means, the minimum (appropriate) amount of force used based on the level or degree of resistance being offered by the suspect.
What does defending against aggression vs. aggressor do for the police officer?
Officers will strike area that will result in non-permanent injury
Countering the aggression verses the aggressor reduces the chance of un-meritorious civil liability suits
After stunning a combative suspect and taking him to the ground, the officer has a limited amount of time to handcuff the suspect before the effects of the stun begin to subside. The time frame is usually within;
3 to 7 seconds
In order to perform a vehicle extraction upon a motorist who refuses to exit vehicle, an officer should have:
A misdemeanor arrest with the suspect's hands clearly visible.
Which 2 tactical baton presentations are considered "low profile"?
While conducting a contact, officers should approach and attempt to maintain a relative position to the suspect zone:
According to kinesics research, the most dangerous form of eye contact that indicates aggression and the possibility of imminent attack is a:
Direct, uninterrupted stare
It has been found that when a suspect attempts to disarm an officer and the officer successfully defends his firearm, there is an extremely high probability that the suspect will:
In order to maximize power generation when striking; strong coordination, and balance rotation of the _____ is/are necessary:
Officers that are required to utilize physical force in order to effect the arrest of a noncompliant suspect should never apply that
force in a punitive fashion.
Upon hearing the audible signal of a police vehicle in the emergency mode, a motorist suddenly positions his vehicle to the right- hand curb and stops. The police vehicle is unable to stop quickly enough and strikes the stopped vehicle in the rear the motorist is guilty of ______?
no violation of the law, the fault lies with the officer
While responding to a fatal crash, the officer is involved in a minor traffic accident while traversing an intersection. It would be the officer's responsibility to
stop, check for injuries, then request the station to assign another unit to the primary call
Upon arriving at an accident scene, and properly positioning the police vehicle, the officer's first priority would be to_____?
Render aid to the victim
All impounded vehicles or other vehicles, whether it be for safeguarding or accident victims or other lawful reasons should be?
The three Cs of survival are courage, confidence and cognitive skills?
What 2 major crimes are not defined in title 18 (Indian county law)?
What is applied through the Indian Country Crimes Act when there is no Indian law for the violation, so state statue may be used instead?
Assimilative Crimes Act
The Indian Country Crimes Act, Assimilative Crimes Act, and Major Crimes Act are all federal statutes?
Indian country is land within limits of Indian reservation, allotted land, and trust land that contains dependent Indian communities?
How can you reduce the fire hazards of a Christmas tree?
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