Final Exam Study Flashcards
What are the North Carolina General Statutes divided into?
Chapters, articles, and sections
Officers try to serve an arrest warrant on a subject sitting in a parked car. Officers repeatedly ask the subject to exit the vehicle. Officers must forcibly remove the subject. What is the appropriate charge?
RDO (Resist, Delay, Obstruct)
At 4:30 a.m. a police officer confronts Garfield who has climbed over the ten foot chain link fence surrounding Lowes lumber yard. What is the charge?
First Degree Trespassing
Lambert sets fire to the home of a neighbor with whom he has been having a dispute. No one is home, but a firefighter who responds to the fire slips through the roof and is killed by the fall. What is the charge?
First-degree murder
Sue puts poison in her brother’s food but her boyfriend dies unexpectedly after he eats it. What is the charge?
First-degree murder
A 19 year old woman is pulled off the street by a 21 year old man and shoved into a car driven by a 40 year old woman. The man holds the victim down and has vaginal intercourse with her on the back seat while the woman drives through Buncombe County. What is the charge?
First degree forcible rape
A 20 year old male has sexual intercourse with a 13 year old with her consent
Statutory rape
A man picks a lock and enters a home at 2 p.m. then takes one “Hot Rod” magazine and nothing else.
Felony larceny
Suspect enters a Zip Mart and points a pistol at the clerk and escapes with $40.00 from the cash register.
Armed robbery
Strickland maliciously set fire to an occupied house at 2 o’clock in the afternoon
First degree arson
A suspect is mad at his bank because they will not give him a new loan. He sets fire and burns his car that the bank has a lein on, and hopes this will piss them off
Burning personal property
A four a.m., Ray is prowling in front of a closed sporting goods store. Ray throws a piece of cinder block through a pane of glass, but is frightened away by a patrol car before he can enter to steal basketball shoes.
Felony breaking and entering
At the Snoop Dog concert a man picks a wallet out of another mans back pocket without being noticed. The wallet has $76.00 in cash.
Felony larceny
A man has a gun concealed in his coat at a movie theater (with permit). The gun accidentally discharges killing a person standing near-by.
Involuntary manslaughter
Officer Seighman stops a car for speeding 45 mph in a 35 zone. While writing the ticket, the driver says, “You’re a cupcake eating asshole.”
No charge
A man stopped for speeding. Next to him on the front seat is a loaded pistol. The man is off probation for a felony he was convicted on 8 years ago.
Possession of a firearm by felon
Two men are working together at the mall. While one bumps into a man and starts a scuffle, the other slips behind the victim and removes his wallet from his pants. The wallet is worth seven dollars.
Felony larceny
A drunk driver passes a stopped school bus at 70 mph and kills three elementary school children.
2nd degree murder
A man is standing next to his house when his neighbor, about 50 yards away, fires a shot at him with a 9mm pistol. The shot misses by 10 feet.
Assault with a deadly weapon
While walking in a dark parking lot a 25 year old man jumps out from behind a car and grabs a female victim around the neck. The lady breaks free and runs to safety.
Assault on a female
A ____ is a juvenile less than 16 years of age who has committed a crime or infraction under state law or under an ordinance of local government, including the motor vehicle laws.
Delinquent
____ shall not be conducted on a any juvenile without a court order unless the juvenile has been transferred to Superior Court to be tried as an adult or unless the juvenile was 16 or 17 years old at the time of the offense and the offense was committed on or after October 1, 1996.
Non testimonial order
A juvenile who is taken into temporary custody without a court order shall not be held for more than ____ hours. Or for more than 24 hours if any of the ____ hours falls on a Saturday, Sunday, or local holiday
12
A ____ may be granted when the juvenile is presently charged with a felony and has demonstrated that he is danger to property or persons. The juvenile is presently charged with a misdemeanor with at least one element of which is assault on a person and it is demonstrated that the juvenile is danger to persons.
Secure custody order
A ____ may be granted when the juvenile is a runaway and consents to non-secure custody, but the court finds it in the best interest of the juvenile be placed in non-secure custody.
Non-secure custody order
The difference between the Miranda rights of an adult as opposed to that of a juvenile is that a juvenile must be advised that they have the right to _____.
Have a parent, guardian, or custodian present during questioning
A ____ juvenile is a juvenile who is unlawfully absent from school; or who is regularly disobedient to and beyond their disciplinary control of his parent, guardian, or custodian; or who is regularly found in places where it is unlawful for a juvenile to be; or who has run away from home for a period of more than 24 hours.
Undisciplined juvenile
____ is an agreement ratified by all 50 states and DC providing a formal means of returning a juvenile who is an absconder, escapee, or runaway, to his home state.
Interstate compact
For cases involving delinquent and undisciplined behavior, a juvenile court official called a ____ receives and reviews all complaints before further action is taken.
Intake counselor
G.S. 7B-301 states that every person has a legal duty to report to ____ facts which lead the person to suspect that a juvenile is abused, neglected, or dependent or has died as the result of maltreatment.
The director of DSS
G.S. 7B-302 states that LEO’s are required to assist in the investigation and evaluation of the seriousness of any report upon the request of the _____.
Director of the DSS
Any person over ____ who knowingly or willingly causes, encourages or aids a juvenile to be in place or condition, or commit an act whereby the juvenile could be adjudicated, delinquent, undisciplined, abused, or neglected is guilty of a misdemeanor.
16
In order to gain assistance from the FBI in Spouse Child Snatching Cases, officers must have evidence that ____.
The suspect unlawfully fled the state to avoid prosecution
What type of juveniles can an officer take into temporary custody?
Undisciplined, delinquent, absconder
Can an officer that takes a juvenile into temporary custody search them and use reasonable force as they would an adult?
Yes
A juvenile who does not receive proper care, supervision or discipline from his parent, guardian, custodian, or caretaker. Or who has been abandoned; who has not been provided necessary medical or remedial care; that lives in an injurious environment; or who has been placed for care or adoption in violation of the law is a ____ juvenile.
Neglected
A LEO who charges a minor with a criminal offense must notify the minor’s parents, guardian of the ____, as soon as practicable, in person or by telephone.
Charge
In cases where a complaining parent alleges that another parent has violated a custody order by not returning the child, officers should _____.
Not attempt to enforce custody order without further direction from the court
Pursuant to Terry v. Ohio, during a lawful investigative detention an officer may frisk an individual _____.
When the officer can articulate reasonable suspicion that a person may have a weapon and the officer’s safety may be in jeopardy
What must an officer do if he takes a juvenile into custody without a court order?
Notify parents
Advise parent of right to be present
Release to parents if no further custody needed
Communicate with DSS
Can parents generally consent to a search of a child’s room?
Yes
While making a vehicle stop utilizing emergency lighting, officers notice a plastic bag being thrown from the driver’s side window. Officers retrieve the bag and find that it contains marijuana. Can the officers charge the driver with anything?
Yes. Possession of marijuana
Under what conditions does an officer need both an arrest and a search warrant to enter private premises and look for the person to be arrested?
The person is a visitor in a third party’s residence and when entry is requested, consent is denied by the third party
What agencies have limited subject matter jurisdiction?
SHP
DMV officers
Wildlife enforcement
Probation and parole
The United States Supreme Court of ____ established strict rules for law enforcement to follow before interrogating a suspect in custody?
Miranda v. Arizona
The description of “items to be seized” on a search warrant should be _________.
Sufficient so an officer unfamiliar with the investigation will recognize appropriate property to be seized
What crimes do not allow a private person the power to detain?
Minor traffic violation
A one on one confrontation between the eyewitness and the suspect.
Show-up identification
A search incident to arrest entitles the officer to search what?
The arrestee and the arrestee’s lunge area regardless of the crime leading to arrest
Assuming that no forced entry into private premises is necessary, an officer may arrest a person without having actual possession of a warrant when?
The officer knows and has personal knowledge an arrest warrant exists
The type of process use when the defendant fails to appear at a court proceeding
Order for arrest
Do city police officers have unlimited subject matter jurisdiction?
Yes
Deadly force cannot be used by an officer to _____
Prevent the escape of a fleeing misdemeanor suspect
When can an officer break down and enter a premise to execute a search warrant without announcing only when _____
Announcing would endanger the life or safety of any person
A line-up should be conducted with a minimum of ___ persons (fillers) of similar physical characteristics and appearance to the suspect.
5
Is a sheriff authorized to issue a search warrant?
No
What substance is not considered non-testimonial evidence for the purpose of non-testimonial identification orders?
Blood
