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Law Test 3 Flashcards

1
Q

You are patrolling South Limestone at 2 A.M. and observe a crowd gathering outside of a bar. You decide to investigate and observe two male subjects yelling obscenities at each other, as well as pushing and shoving each other in the middle of the crowd. You and your beat partner intervene and separate the two. Once the situation is under control, you speak to several witnesses, who all explain similar versions of the two individuals fighting and the annoyance and alarm, as well as inconvenience to the patrons of the bar. Neither of the male subjects have injuries. You decide to arrest both subjects. What is the most appropriate charge?
a. Disorderly Conduct 1st
b. Menacing
c. Assault 4th
d. Disorderly Conduct 2nd

A

d. Disorderly Conduct 2nd

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2
Q

In class you were shown and explained a standard description of articulating the elements when charging and arresting for alcohol intoxication. Write that statement below: (3 pts)

A

[Subject was in a public place], [manifestly under the influence of alcohol], and was [a danger to himself and others].

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3
Q

An officer arranged to meet a suspect in his home. The officer and her beat partner went to the suspect’s home wearing their police uniform and conducted the interview. They asked questions with the intent to gain information to charge the suspect with a crime. The suspect made several statements which led to the arrest of the suspect. Neither officer provided the Miranda warning to the suspect during the interview. The defense wants to suppress the evidence. Based on this description and what you were taught in class, should the judge throw out the evidence?

Yes / No

A

No

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4
Q

Choose the word defined in class as: “A statement that helps to prove the guilt of the person making it.”
a. Facilitation
b. Confession
c. Admission
d. Corroboration

A

c. Admission

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5
Q

For the Miranda warning to be required what two conditions must exist?
When the suspect is in _______, and
The suspect is being _______ by a police officer.

A

Custody
Interrogated

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6
Q

A seizure occurs when the officer takes the person or property of another into custody.

	TRUE     / FALSE
A

TRUE

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7
Q

Choose the description that best describes the concept of being “in Custody” in regards to Interrogation: Whenever a peace officer…
a. … temporarily detains someone for investigative purposes
b. … questions a person with the intent to learn incriminating information
c. … has detained someone and the person knows they are not yet free to leave
d. … seizes a person under circumstances a reasonable person would recognize that their freedom was being deprived similar to conditions of arrest.

A

d. … seizes a person under circumstances a reasonable person would recognize that their freedom was being deprived similar to conditions of arrest.

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8
Q

A person making a “statement that acknowledges guilt” was defined in class as:
a. An admission
b. A conciliation
c. A corroboration
d. A confession

A

d. A confession

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9
Q

An officer is conducting a Terry Frisk of a suspect. While frisking the suspect he runs his hand over the suspect’s pocket and feels a small rock sized bulge and hears a plastic baggie crinkle. Based on the officer’s training and experience he immediately recognizes the item to be crack cocaine.
Based on the scenario, may the officer seize it?
YES / NO

A

YES

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10
Q

An officer is conducting a Terry Frisk of a suspect. While frisking the suspect he runs his hand over the suspect’s pocket and feels a small rock sized bulge and hears a plastic baggie crinkle. Based on the officer’s training and experience he immediately recognizes the item to be crack cocaine.

Based on the scenario above, if at the time the officer patted the item in the pocket the officer was not immediately certain what was felt, may the officer squeeze or manipulate the item to determine if it is contraband?
YES / NO

A

NO

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11
Q

True or False: Whenever peace officers conduct a Terry Stop, because it is reasonable to believe the suspect is a criminal, officers may automatically conduct a Terry Frisk to ensure officer safety.

TRUE / FALSE

A

FALSE

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12
Q

True or False: In a “Terry Frisk” of a vehicle when an officer has a reasonable belief that the suspect is dangerous and has weapons in the vehicle, the officer may search the passenger compartment of the vehicle so long as it is limited to areas where a weapon may be hidden.

			TRUE   / FALSE
A

TRUE

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13
Q

True or False: After an arrest, peace officers may conduct a search of the person’s outer layer of clothing and any other location the person may easily get access too while on the way to the jail. Only once arriving at the jail may the person be searched more fully.

			TRUE     / FALSE
A

FALSE

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14
Q

Fill in the blanks to complete the four elements of the Plain View Doctrine:

If an officer is where he/she has a ________ right to be, and
Sees, in ____ VIEW,
__________ of a crime,
He/she may __________it.

A

LEGAL
PLAIN VIEW
EVIDENCE
SEIZE

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15
Q

List 3 situations explained in class of exigent circumstances that allow a search without a warrant: (3 points)

A

Incident to Arrest
Vehicle with PC
Enter Premises when in Hot Pursuit
Enter Premises to protect life or health
Enter Premises to protect evidence

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16
Q

Fill in the blank to make the statement true:
In class it was taught that whenever an officer is faced with a situation dealing with search and seizure, whenever practical, the officer should obtain a ___________.

A

SEARCH WARRANT

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17
Q

Fill in the blanks to make the statement true: (2pts)
As discussed in class, interrogation was defined as when _______ or other conduct done by law enforcement for the purpose of eliciting a(n) ______ response from a suspect.

A

questioning
incriminating

18
Q

You observe a subject standing at the corner of two busy roads who is unsteady on her feet and stumbling into traffic. When speaking with the subject she admits to recently using “Ren” with slurred speech. You recall that “Ren” is a street term for synthetic marijuana. What is the best charge to arrest for?

A

Public Intoxication

19
Q

Shannon called for an officer to respond for a report. She tells the officer that she and Tim broke up about a week ago and Tim doesn’t seem to “get it”: Every day since they broke up, Tim has been waiting outside of her house in the morning to watch her leave and follows her as she drives to work. Whenever she goes to her gym, he follows her there and watches her, and then follows her home. After 3 days Shannon confronted him and told him to stop following her and not to contact her anymore. Tim ignored this and continued the same course of conduct. Of the offenses below, what is the most appropriate offense for Shannon’s report?

a. Disorderly Conduct 2nd
b. Harassment
c. Assault 4th Domestic Violence
d. Loitering

A

b. Harassment

20
Q

KRS 527.100 makes it illegal for someone under 18 to possess a handgun. In that law there is a list of 7 exceptions. List 3 of those exceptions. (3 points)

A

-Fire arm instruction or safety course -Practicing or shooting at a legal range
-Competing in a competition/performance
-Hunting legally
-At home and under circumstances of self-defense
-Traveling to and from authorized uses
-On property when supervised by and adult and with permission of their guardian

21
Q

True or False: Ordinary traffic stops are considered custodial because the driver is not free to leave and therefore the Miranda Warning is required before asking the driver any incriminating questions.

		TRUE / FALSE
A

FALSE

22
Q

Write the definition of a Terry Stop.

A

[A temporary seizure of a person] [to investigate the officer’s reasonable suspicion] [that a person is involved in criminal activity] [and is about to commit, is committing, or just committed a crime.] [You may not frisk, pat, or search without consent.]

23
Q

KRS 237.110 has a list of locations where someone who may otherwise legally carry a concealed deadly weapon is restricted from carrying one.

A

-Police/Sheriff station
-Jail/prison
-Courthouse
-Bars
-School
-Daycare
-Government Meetings
-Airport beyond security
-Locations restricted by federal law
-Private property where prohibited

24
Q

Under what circumstances does the US Supreme Court recognize as a situation that law enforcement may lawfully search the interior of a vehicle with less than a probable cause belief evidence may be inside?
a. Consent from a person who has dominion and control of the vehicle at the time of the search.
b. The vehicle is parked in a mall parking lot.
c. When a person who was just in the vehicle is arrested, and there is a reasonable belief there is evidence of the crime arrested for.
d. The registered owner of the vehicle has an outstanding arrest warrant for a felony offense.
e. The vehicle is in a public place and left unsecured (Examples: unlocked or windows down).

A

a. Consent from a person who has dominion and control of the vehicle at the time of the search.
c. When a person who was just in the vehicle is arrested, and there is a reasonable belief there is evidence of the crime arrested for.

25
Q

True or False: Whenever a vehicle is located in a public place and law enforcement has probable cause to believe evidence of a crime is inside, the officers may search the vehicle without a search warrant.
TRUE / FALSE

A

TRUE

26
Q

When law enforcement is searching an area based only on consent, what must officers do if the person revokes the consent to search?

A

STOP SEARCHING

27
Q

KRS 237.109 establishes that a person may lawfully carry a concealed deadly weapon without a license so long as the person meets two conditions. Fill the blank to make the conditions correct.
-The person is age ____ or older and
-The person is otherwise able to _____ possess a firearm

A

21
Lawfully

28
Q

If a person or organization restricts any person from possessing a deadly weapon on the premises they own or control, then a person who can lawfully possess a deadly weapon may still bring a deadly weapon onto the premises without punishment so long as the person does what?
a. Stores the weapon separately from ammunition in the trunk of the vehicle
b. Is responding to an emergency to protect another from sexual assault, kidnapping, or serious physical injury or death.
c. Stores the firearm in the glove compartment of the vehicle.
d. Under Kentucky’s Constitutional Carry law, a person may carry it anywhere on the premises so long as it remains concealed.

A

c. Stores the firearm in the glove compartment of the vehicle.

29
Q

True or False: If police have probable cause to believe a vehicle contains evidence of a crime and the vehicle is in a public place, then the police may avoid spending time to go and get a warrant and conduct the search without one.
True / False

A

True

30
Q

A person is guilty of Robbery in the _______________ degree when, in the course of committing a theft, he uses or threatens the immediate use of physical force upon another person with intent to accomplish the theft and when he: *Causes physical injury to another person who is not a participant in the crime; or *Is armed with a deadly weapon; or *Uses or threatens the immediate use of a dangerous instrument upon any person who is not a participant in the crime.
a. First
b. Second
c. Third
d. Fourth

A

A. First

31
Q

You’re dispatched to the Waffle House in reference to a robbery. Upon arrival, you’re met by the complainant who advises that he was on his cell phone in the parking lot when he was approached by a male subject. The male subject demanded his cell phone, but the complainant refused to comply. The male suspect then struck the complainant in the face with a close fist, shoved the complainant to the ground and took his cell phone. When on scene, you noticed that the complainant is bleeding from the nose and mouth and he explained his injury was from the struggle with the male suspect. What is the proper charge for the suspect?
a. Robbery 1st
b. Robbery 2nd
c. Assault 1st
d. Physical Harassment

A

a. Robbery 1st

32
Q

Which of the following is a Class B Felony and defined as: With the intent to cause serious physical injury to another person, he causes the death of such person or of a third person. 1 pt
a. Reckless homicide
b. Murder
c. Manslaughter 1st
d. Manslaughter 2nd

A

c. Manslaughter 1st

33
Q

The four homicide statutes are:
a. Murder, manslaughter 1st, manslaughter 2nd, reckless homicide
b. Murder, attempted murder, murder 2nd, reckless homicide
c. Murder, accidental death, manslaughter 1st, manslaughter 2nd, reckless homicide
d. They are all homicide statutes

A

a. Murder, manslaughter 1st, manslaughter 2nd, reckless homicide

34
Q

You are dispatched to Taco Bell in reference to a robbery. Upon arrival, you make contact with the store manager, who advises that a male suspect entered the business, brandished a black handgun and demanded money from the register. What is the proper charge for the suspect?
a. Robbery 1st
b. Robbery 2nd
c. Assault 4th
d. Shoplifting

A

a. Robbery 1st

35
Q

A person is guilty of Terroristic Threatening 3rd degree when he/she threatens to commit any crime likely to result in death or serious physical injury, or likely to result in substantial property damage to another person.
a. True
b. False

A

a. true

36
Q

You respond to Bar Non on South Limestone in reference to a disorder which you observe taking place in the parking lot. You observe the suspect attempt to strike the unsuspecting victim in the face but the strike brushes his shoulder instead. The victim advises that the punch did not hurt at all and has no complaint of injury. What is the correct charge?
a. Assault 4th
b. Harassment
c. Menacing
d. None of the above

A

b. Harassment

37
Q

What element(s) elevates Wanton Endangerment 1st degree from Wanton endangerment 2nd degree? check all that apply
a. Circumstances manifesting an extreme indifference to human life
b. Substantial risk of death or serious physical injury
c. Extreme wantonness
d. The manner in which the dangerous instrument or deadly instrument is used

A

a. Circumstances manifesting an extreme indifference to human life
b. Substantial risk of death or serious physical injury

38
Q

In accordance with KRS 403.735, courts shall provide ______ access to emergency protective orders?
a. 16 day access
b. M-F from 8-4
c. By appointment only
d. 24 hour

A

d. 24 hour

39
Q

How many hours does Law Enforcement have to report incidents of actual/suspected abuse to the Cabinet for Families and Children?
A. 1
B. 18
C. 48
D. 40

A

C. 48

40
Q

Any person who knows or has reasonable cause to believe that a child is ______, ______, _______ shall immediately cause an oral or written report to be made to a local law enforcement agency or the Kentucky State Police.

A. dependent, neglected or abused
B. abused, delinquent, or neglected
C. dependent, depressed, or neglected
D. missing, wanted, or delinquent

A

A. dependent, neglected or abused

41
Q

If a guardian exercising custodial control over a juvenile refuses to collect a runaway child from a peace officer, the guardian may be charged with what offense?

A. Abandonment
B. Neglect
C. Endangering the welfare of a minor
D. criminal abuse 2nd

A

C. Endangering the welfare of a minor

42
Q

Which is NOT an element that qualifies a victim for a SANE exam?

a. victim suffered injuries in private areas
b. suspect is unknown
c. crime occured within 96 hours
d. victim has reached puberty.

A

b. suspect is unknown

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