CLEET FINAL EXAM
Every driver transporting a child under (_) years of age must be in a child seat. - ANS-6
A crime may be defined as - ANS-a public offense, forbidden, which the government
sanctions
A suspect may invoke his right to counsel or right to remain silent - ANS-at anytime
during the investigation
A self-incriminatory statement by a subject, falling short of a complete
acknowledgement of guilt is an - ANS-admission
Ted broke into Sally's at 7:30 am wile sally was sleeping. While in the apartment, ted
intentionally set Sally's bed on fire. What crime did Ted commit? - ANS-First Degree
Arson
Cases where the court of criminal appeals has interpreted statutory law in very specific
cases are called - ANS-Case Law
An arrest warrant issued out of the district court, charging a misdemeanor. Can be
served - ANS-whatever the warrant states
Malice Aforethought as used in Murder in the first degree may be defined as -
ANS-deliberate intent
Normally, if you make an arrest outside your jurisdiction you do so - ANS-as a private
citizen
False arrest and false imprisonment cases are - ANS-criminal and civil
What are the two main types of municipal courts in Oklahoma? - ANS-Courts of record
and courts not of record
A writ is - ANS-an order if the court
Mary, age 13 gives her consent to have sexual intercourse with Sam (age 22) If Sam
has intercourse with Mary what has been committed? - ANS-First Degree Rape
,Burden of proof in a civil case is - ANS-preponderance of the evidence
What amendment gives a citizen the right to not self-incriminate? - ANS-(5th
Amendment)
The elements of civil battery are - ANS-intentional, non-consensual, physical contact
and another person
The rights to an attorney during police interrogations, or when defendants are in
custodial situations are assured by - ANS-Miranda VS. Arizona
Generally, a police officer may arrest for a misdemeanor - ANS-committed or attempted
in his presence
Improper service, improper venue, lack of jurisdiction and statute of limitations are
examples of - ANS-technical defenses of a constitutional tort.
Reasonable grounds, such as would warrant a prudent person to believe certain facts
are true is - ANS-probable cause
Failure to exercise the necessary degree of care where a reasonable person would use
under a given set of circumstances is called - ANS-negligence
The legal steps necessary to prove a violation of a criminal stature is known as -
ANS-elements of the crime
Homicide is justifiable - ANS-when defending against deadly force.
A good rule concerning the use of force by an LEO is - ANS-use force when it is
necessary and then use only reasonable force
Under conditions specified on 21 O.S. 540B a person commits a felony by running a
roadblock. Under these conditions an officer may - ANS-use deadly force 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 - ANS-Sam and the surrounding couch cushions
, 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 in not available to give consent.
You may - ANS-seek a search warrant.
An affidavit must describe the person or placed to be searched - ANS-so precisely that
it excludes all other persons and places
A search warrant must be executed and returned to the issuing magistrate within -
ANS-10 days
You are unable to appear to magistrate to personally give testimony and present your
affidavit to the court to receive a search warrant.
The statutes allow - ANS-the magistrate to authorize you to sign their name
You have compelled to search a certain apartment which is learned by Sam. You realize
that you do not have sufficient PC to get a search warrant so you decide to seek
permission to search. The person who can give you consent is the - ANS-lessee.
The Carroll Doctrine is a rule permitting searches of cars, boats or aircraft without a
search warrant if three conditions are present - ANS-Mobile Must have PC and there's
no time for a warrant.
Mere suspicion or a hunch allows the officer to - ANS-start investigating
Hearsay is - ANS-second hand information
Direct evidence - ANS-requires no interferences to be drawn in order to reach a
conclusion
For evidence to be admissible it must be - ANS-factual and material
Searches and seizures conducted outside the judicial process W/O prior approval by a
judge, are "per se" unreasonable - ANS-Under the 4th amendment subject to a few
specifically established and well delineated exceptions
The reason a frisk is condone by the court is - ANS-for the LEO's protections
The legal basis for "stop and frisk" is - ANS-Terry V. Ohio.
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