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N.C. BLET > Arrest, Seizure, & Constitutional Law > Flashcards

Arrest, Seizure, & Constitutional Law Flashcards

1
Q

N.C.G.S_____ authorizes a law enforcement officer to use deadly force

A

15A-401 (d)(2)

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2
Q

A minimum of ____ photographs should be used for a photographic line-up

A

6

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3
Q

TRUE OR FALSE

Whether a criminal defendant is in or out of custody, he/she maintains a 6th amendment right to counsel on the charges for which he/she has been indicted for

A

True

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4
Q

TRUE OR FALSE

After an officer makes an arrest, N.C.G.S. require the officer to inform the suspect of the cause of the arrest unless the cause appears to be evident

A

True

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5
Q

the first_____amendments of the constitution are called the bill of rights

A

10

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6
Q

TRUE OR FALSE

A Non-testimonial identification order may be used on a criminal suspect that is in custody

A

False

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7
Q

The 1st amendment establishes rights that we consider basic in a free society. Identify the rights protected by the First Amendment

A

Freedom of press, freedom of religion, freedom of assembly, freedom of speech, freedom of petition

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8
Q

TRUE OR FALSE

Judicial officials are not allowed to consider any anonymous information in considering probable cause to issue a search warrant

A

False

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9
Q

TRUE OR FALSE

Sheriff’s Deputies may arrest a person anywhere in the State for class A 1A misdemeanor committed in their county

A

False

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10
Q

A criminal summons is valid for a period of _____days

A

90

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11
Q

What type of law defines the fights and duties of citizens as well as prohibits certain conduct such as robbery, larceny, or assault

A

Substantive Law

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12
Q

TRUE OR FALSE

Under Mincey v. Arizona, the United States Supreme Court has allowed a “crime scene exception” to the fourth Amendment’s search warrant requirement

A

False

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13
Q

TRUE OR FALSE

Evidence of drug trafficking found during an administrative inspection warrant may be used as evidence in a criminal trial

A

False

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14
Q

TRUE OR FALSE

Probable cause that a person is responsible for a crime is required before a non-testimonial identification order to be issued

A

False

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15
Q

TRUE OR FALSE

Private citizen’s are required by N.C. law to assist law enforcement officer when requested to do so

A

False

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16
Q

TRUE OR FALSE

Any amount of force may be used to conduct the procedures outlined in a non-testimonial identification order

A

False

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17
Q

In order for an officer to enter a third party residence to arrest someone, he/she must have one of the following

A

Arrest Warrant, Search Warrant, Consent and/ or exigent circumstances

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18
Q

TRUE OR FALSE

Officer must have reasonable suspicion to approach and speak to an ordinary citizen in a public place

A

False

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19
Q

A non-testimonial identification order must be returned within ____ days to the judge that issued it or a judge designated in the ordern

A

90

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20
Q

N.C.G.S _____ authorizes a law enforcement officer to use non-deadly force

A

15A-401 (d)(1)

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21
Q

TRUE OR FALSE

Any police officer may be the applicant for a non-testimonial identification order

A

False

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22
Q

Identify three sources of law

A

Constitutional law, statutory law, common law

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23
Q

TRUE OR FALSE

Johnny Montana is currently in the Henderson County Detention Facility awaiting trial on a 1st degree murder charge. Johnny is currently represented in this case and he has sent a letter to you requesting that you talk with him about his charges. By law you are required to decline his requested interview

A

False

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24
Q

_____minutes has been used as a general rule to govern the length of an investigative stop

A

20

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25
Q

TRUE OR FALSE

one a search warrant has been executed, the officer must return it to the clerk

A

True

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26
Q

_____ Due process guarantees that the government will not take a person’s life, liberty, or property interest without notice an a meaningful opportunity to be heard

A

Procedural

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27
Q

The ____ Amendment of the U.S. Constitution provides privileges and immunities , due process of law and equal protection of the law

A

14

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28
Q

An administrative inspection warrant is valid for ____hours

A

24

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29
Q

The overriding test for all use of force whether deadly or non-deadly, is whether the use of force was ______ under the circumstances at the time fo

A

Objectively necessary

30
Q

An order for arrest is valid for a period of ___days

31
Q

Identify the purpose of an investigative stop

A

To determine whether there is probable cause to believe a crime has been committed and the suspect committed it

32
Q

N.C. Courts have adopted which test in determining if probable cause exists to issue a search warrant

A

Totality of the circumstances test

33
Q

TRUE OR FALSE

officers may enter a home without a warrant or consent if entry is required because of an exigent circumstance or to save life, prevent injury, or to protect property

34
Q

TRUE OR FALSE

Regardless of the offense leading to the arrest, officers have the automatic right to search the arrested person and his/her lunge able area incident to the arrest

35
Q

The following Latin phrase “ Habeas Corpus” translated means

A

Have the body

36
Q

TRUE OR FALSE

N.C.G.S require that all custodial interrogations involving homicides be recorded in their entirety

37
Q

TRUE OR FALSE

N.C.G.S. 90-95.2 provides for the existence of mutual aid agreements between law enforcement agencies

38
Q

Absent consent, a ________ ________ is required if you are seeking blood from a criminal suspect

A

Search Warrant

39
Q

The ________ _________ makes evidence obtained by the government as a result of a violation of the fourth amendment inadmissible

A

Exclusionary Rule

40
Q

The Miranda warnings are required when two elements are present, ________ and _________

A

Custody and interrogation

41
Q

TRUE OR FALSE

Under North Carolina law, landlords may consent for the search of a tenant’s residence since they are listed on the property deed and own the property

42
Q

TRUE OR FALSE

A spouse or roommate may consent to the search of a private office or room as that room is located within the main structure of the dwelling house

43
Q

The 4th Amendment of the U.S. Constitution protects citizens from unreasonable

A

Searches and seizures

44
Q

A Search Warrant is valid for______ hours

45
Q

TRUE OR FALSE
N.C.G.S. 15A-249 requires under most circumstances that law enforcement officers must give appropriate notice of his/her identity and purpose to the person to be searched when executing a search warrant

46
Q

An officer stops a motor vehicle for a inspected traffic violation and upon approaching the driver’s window smells what he knows to be the odor of marijuana emanating from the vehicle. The officer has the authority to

A

Search the passenger compartment, locked, unlocked containers and any other place in the vehicle marijuana could be found

47
Q

N.C.G.S _____ allows for the detention of criminal suspects by private persons for certain violations of law

48
Q

List the persons that may apply for search warrants in obscenity offences

A

District Attorney and Assistant

49
Q

TRUE OR FALSE

N.C. authorizes officers to arrest persons without a warrant for violations of N.C.G.S. 14-33

50
Q

N.C.G.S ______ requires a law enforcement officer who charges a minor with a criminal offense to notify the minors parent or guardian

51
Q

TRUE OR FALSE

Miranda rights are effectively waived by a voluntary, intelligent, and consent waiver

52
Q

Officers may pursue and arrest outside N.C. for a felony committed in N.C. in which four states

A

Virginia, Georgia, South Carolina, and Tennessee

53
Q

TRUE OR FALSE

City Police Officers may enforce laws within one mile of the city limits or city property outise the city

54
Q

TRUE OR FALSE

once a person places garbage outside the curtilage for collection, the homeowner or renter loses his/her expectation of privacy

55
Q

TRUE OR FALSE

Once a suspect that is in custody in his/her right to counsel, the arresting officer may wait a period of two hours before questioning is re-initiated

56
Q

An arrest warrant is valid for a period of ___ days

57
Q

Identify three types of non-testimonial evidence that may be collected from a non-testimonial identification order

A

fingernails scrapings, photograph, handwriting exemplars

58
Q

The U.S. constitution is divided into _____major articles

59
Q

A statement that establishes quilt is ________

A

Inculpatory

60
Q

The 6th amendment right to counsel attaches or begins at a critical or adversarial stage of prosecution. there are three in N.C., name those three

A

Appearance before magistrate, appearance before district court judge, indictment

61
Q

A non-testimonial identification order served at least ____ hours before the time designated for the non-testimonial identification procedure to be conducted

62
Q

TRUE OR FALSE

Once a police officer develops reasonable suspicion a person is involved in criminal activity, he/she ,may arrest that person

63
Q

The 8th Amendment of the U.S. constitution provides for three protections. Name the three protections

A

Cruel and unusual punishment, excessive bails, excessive fines

64
Q

The 5th amendment of the U.S. constitution provides persons accused of crimes three specific protections identify those protections

A

Due process, self incrimination, double jeopardy

65
Q

TRUE OR FALSE

The plain view doctrine always allows for a warrant less entry into private premises

66
Q

The 6th amendment of the U.S. Constitution gives an accused certain fundamental rights in criminal prosecutions. Identify those rights

A

Public trail, speedy trial, counsel, impartial jury, nature and cause, face accusers

67
Q

TRUE OR FALSE

Once an officer has entered a private residence as a result of an emergency, they may conduct a search for contraband

68
Q

TRUE OR FALSE

You are required by law to set forth an inventory of the products of a non-testimonial identification order

69
Q

An officer may frisk a person when he/she has _________ ___________ the person may be armed and dangerous

A

Reasonable suspicion

70
Q

A statement that denies quilt is ________

A

Exculpatory

N.C. BLET (7 decks)

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