Legal Block: C.L.E.E.T. Exam
Searches and seizures conducted outside the judicial process, without prior approval by
a neutral and detached judge or magistrate, are "per se" unreasonable_______. -
ANS-under the Fourth Amendment - subject only to a few specifically established and
well-delineated exceptions
Hearsay is _____. - ANS-second hand information.
Which class of person may not be permitted to testify as "lay" (non-expert) witnesses? -
ANS-Persons who have no knowledge of the facts 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 - ANS-The District Attorney
may file a Motion to Revoke
What are the three primary factors that influence criminal jurisdiction in Indian country? -
ANS-impact of sovereign status, Plenary Power of Congress, and U.S. Supreme Court
interpretations of Indian law
What is an Indian country as defined by 18 US Code § 1151? - ANS-within the limits of
any Indian reservation under the jurisdiction of the U.S. 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? - ANS-Indian Country Crimes Act, Major
Crimes Act, and 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. -
ANS-Assimilative Crimes Act
William Tomahawks, a non-Indian, commits a burglary on the Muscogee (Creek) Nation
property. How will the elements of the crime be defined, and which guidelines will be
used for sanctions if found guilty? - ANS-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 - ANS-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 the Oklahoma
driver's license requirement if ________? - ANS-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 _____ -
ANS-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 - ANS-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 10:00 pm when the - ANS-warrant states it
may be served at any time of day or night
In 1914 the federal case of Weeks v. U.S. established the "exclusionary rule" in Federal
Courts. The ruling means that if a peace officer obtains evidence unlawfully the
evidence - ANS-may not be used in court
In the United States Supreme Court Case, U.S. v. Havens, the court held that illegally
seized evidence ________ be used in court ____ - ANS-Could / To impeach the witness
because preventing perjury is so important
In Mapp v. Ohio, the evidence was suppressed because _____ - ANS-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____ - ANS-It will deter
peace officers from illegally seizing evidence, because the officers know the evidence
will not be admissible
In Miranda vs. Arizona the court assured a criminal defendant the right to ______ when
said defendant was ________ - ANS-an attorney/custodially interrogated
Who can issue a Search Warrant? - ANS-The Judge of a Court having jurisdiction
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