Possible Flashcards
When can you do an “automatic” protective sweep? Where can you go?
Incident to an arrest
Adjacent areas connecting
Maryland v Buie
When can you do an “extended” protective sweep? Where can you go?
Incident to an arrest AND have RS that more DANGEROUS people are inside but FURTHER than the adjacent area
Maryland v Buie
How many murder degrees are there?
2
Which type of murder?
Unlawfully causes death with malice aforethought
Murder 1 (with malice aforethought)
21 OS 701.7.A
Which type(s) of murder?
Kills another person by shooting a firearm with the intent to kill
Kills another person by shooting into a dwelling
Kills another person during a robbery with a dangerous weapon
Kills another person while eluding an Officer
Kills another person during a 1st degree burglary
Kills another person while distributing CDS / trafficking
Murder 1 (by felony)
21 OS 701.7.B
Which type of murder?
Murder caused by imminently dangerous conduct, although without any premeditated design
Murder 2
21 OS 701.8.1
Which type of Murder?
Caused during the commission of a felony NOT on the 1st Degree Felony Murder list
Murder 2 (by felony)
21 OS 701.8.1
How many Manslaughter degrees are there?
2
Homicide caused while engaged in the commission of a misdemeanor
Man 1 (by misdemeanor)
What homicide charge?
When perpetrated without a design to effect death, and in a heat of passion, but in a cruel and unusual manner, or by means of a dangerous weapon
Man 1 (by heat of passion)
Which manslaughter?
When done unnecessarily either while resisting an attempt by the person killed to commit a crime, or after such attempt shall have failed.
Man 1 (by resisting a crime)
Which manslaughter?
The killing of a human by the culpable negligence of another
Man 2
Which type of homicide?
Homicide caused by accident and misfortune, with usual and ordinary caution, without any unlawful intent
Excusable
21 OS 731
Which type of homicide?
Homicide committed when resisting an attempt to murder (the shooter)
Homicide committed in lawful defense of (the shooter) or another person
Justifiable
21 OS 733
Which crime?
Attempt or offer with force to do corporal hurt to another
Assault
To charge with assault (but not battery) the Victim must have reasonable ___ of receiving an immediate battery
Also known as ‘assault by offer’
apprehension
OUJI-CR 4-26
21 OS 641
21 OS 642
Which crime?
Willful and unlawful use of force upon another
Battery
When charging someone with battery:
“Only the ___ force or touching is necessary to constitute force required for battery”
slightest
Robbery
The wrongful taking of person property in possession of another, from his person or ___ ___, against his will, accomplished by means of __ or ___
immediate presence
force or fear
How many degrees of Robbery are there?
Two
Identify the robbery degrees for each:
- Inflicts serious bodily injury on the Victim
- Threatens the Victim with serious bodily injury
- Puts the Victim in fear of serious bodily injury
- Threatens to commit a felony (ie rape) on the Victim
All Robbery 1
Note: When robbery is accomplished in ANY OTHER MANNER , it is SECOND degree
21 OS 797
List the charge for each:
- Robs another with a firearm
- Robs another with an imitation firearm
- Robs another with an unloaded firearm
- Robs another with a knife
All Robbery with a Dangerous Weapon
(sometimes also called Armed Robbery)
21 OS 801
Note - this is “aggravated robbery”, and different from the other types robberies
What crime?
Someone forcibly seizes and confines another
Kidnapping
How many rape degrees are there?
2
Which rape degree?
Non-consensual (forced) sexual intercourse
1
21 OS 1114(A)
OUJI-CR 4-120
Which rape charge / degree?
Non-consensual (forced) use of an inanimate object or (a part of the human body other than the penis) in carnal knowledge
Rape by Instrumentation in the 1st Degree
21 OS 111.1
21 OS 1114(6)
Identify each rape degree:
- Consensual sex with a person under 14 by someone over 18
- Sex when Victim is administered a narcotic/anesthetic agent
- Sex when Victim is unconscious
All Rape 1
21 OS 1114
Identify each rape degree:
- Jailer has consensual sex with an inmate
- Teacher has consensual sex with a student
Both Rape 2
21 OS 1111
21 OS 1114.B
Identify each crime
- An adult male text messages a thirteen year old girl asking to meet for sex
- A step-father touches the private parts of his eight year old step daughter in a lewd manner
- An adult male exposes himself to a ten year old boy
- An adult male requires a twelve year old to feel his private parts
- An adult male requires an eleven year old to view child pornography
- Indecent Proposals (to a child under sixteen)
- Lewd Molestation (of a child under sixteen)
- Lewd Acts (to a child under sixteen)
- Lewd Acts (to a child under sixteen)
- Lewd Acts (to a child under sixteen)
21 OS 1123
OUJI-CR 4-129
What crime?
A creepy fifty year old man tells a twenty-year old female Dollar General worker that she is “hot” then grabs her butt as he walks by.
Sexual Battery
21 OS 1123(B)
What crime?
An adult male forces an adult female to perform oral sex on him.
Forcible Sodomy
(or Forcible Oral Sodomy)
21 OS 888
How many arson degrees are there?
4
Which arson degree?
Sets fire to an inhabited building
Sets someone on fire
Burns someone
1
Which arson degree?
Sets fire to unoccupied building
2
Which arson degree?
Sets fire to someone’s property valued over $50
Sets fire to a building for insurance fraud
3
Which arson degree?
Attempts to set a structure on fire
Attempts to set property valued over $50 on fire
4
4TH DEGREE = THE ATTEMPT TO
How much medicinal marijuana can a person possess on their person?
3 oz
You are in the house of someone who has a medical marijuana card. You observed they have the maximum about of mature plants (6) AND the maximum amount of seedling plants (6). Is that a crime?
No (possession limits are cumulative, can have all of the maximums at once)
63 OS 15-420
Can a 14 year old legally obtain a medical marijuana card?
Yes (a Medical Marijuana Minor Patient license)
When can’t you TVI?
- It would present potential ___ to the public/Officers/offenders that outbalances the risk of allowing the pursuit to continue
- It would be ____ in light of the apparent circumstances
hazards
unreasonable
307.10.1
307.10.2
Protective Custody
What is the difference between the wording of when you can take an adult into protective custody vs a juvenile?
Adults = immediate (substantial risk of IMMEDIATE physical harm to self)
43A OS 1-103.13.a
Juveniles = In the near future (substantial risk of harm to self IN THE NEAR FUTURE)
43a OS 5-202.2.a
Name the (juvenile) status offenses chargeable under Moore ordinances
Possession of Tobacco Products (10-517)
Curfew (10-505)
Possession of intoxicating beverage in public (3-109)
Mandatory school attendance (10-806)
Runaway (10-808)
Tobacco age limit, per Moore ordinance
21
Curfew times:
Sunday - Thursday nights
Friday and Saturday nights
What time does curfew end?
2300
0100
0500
Sleeping In Public is illegal between what times?
Midnight to sunrise
Child Abuse
Child Endangerment
Child Neglect
Are these crimes in Title 10A (Children & Juvenile Code) or Title 21?
21
What crime?
Mother driving around drunk with her kids in the car
Child Endangerment
21 OS 852.1
What crime?
Knowingly permits physical abuse of a child
Child Endangerment
21 OS 852.1
What crime?
A mother ODs on fentanyl while her kids are present
Child Neglect (failure to protect from exposure to possession of illegal drugs)
21 OS 843.5, defined in 10A OS 1-1-105
What (child related) crime?
You pull over a mom driving her kids around. She has a warrant and you arrest her, then you find CDS in her purse.
Child Neglect (failure to protect from exposure to possession of illegal drugs)
21 OS 843.5, defined in 10A OS 1-1-105
What crime?
A mother fails to provide adequate food, shelter, clothing, and medical care
Child Neglect
21 OS 843.5, defined in 10A OS 1-1-105
What crime?
A mother abandons her newborn
Child Neglect
21 OS 843.5, defined in 10A OS 1-1-105
Decision Making Wheel - SHIELD acronym
S
Service
Decision Making Wheel - SHIELD acronym
H
Honor
Decision Making Wheel - SHIELD acronym
I
Integrity
Decision Making Wheel - SHIELD acronym
E
Ethics
Decision Making Wheel - SHIELD acronym
L
sanctity of human Life
Decision Making Wheel - SHIELD acronym
D
De-escalation
An Officer witnesses another Officer using excessive force, but fails to report it. Misdemeanor or felony?
Misdemeanor
Part 1 - An Officer may use deadly force
to _____ himself or others from what he ___ believes is an ___ threat of death/SBI
protect
reasonably
imminent
300.4
Part 2 - An Officer may use deadly force
to stop a fleeing subject when the Officer has __ ___ to believe the individual has committed or intends to commit a ___ involving the ___ or threatened ____ of death/SBI and the Officer believes there is a ___ ___ of death/SBI if that individual is not ____ apprehended
probable cause
felony
infliction, infliction
imminent risk
immediately
300.4
At what BAC(s) can you charge for DWI?
0.05
0.06
0.07
0.08
Greater than 0.08
0.06 and 0.07
47 OS 756.A.2
Is negligent homicide a misdemeanor or felony?
misdemeanor
Is negligent homicide in Title 21, 47, or 63?
47
47 OS 903
A minor who violates any state law or is a runaway
Delinquent Child
21 OS 857.4.h
21 OS 857.4.h
An adult is knowingly aiding or causing a minor to be a “runaway child” is guilty of what offense?
Contributing to the Delinquency of a Minor
21 OS 856.A.1
10-516
A driver of a motor vehicle who collides with another vehicle or with any person or property because of driving error is guilty of ___ driving
A. Careless
B. Negligent
C. Reckless
A. careless
15-515
Is Eluding in Title 21 or 47?
21
21 OS 540A
Trafficking in illegal Drugs
Title 21 or Title 63?
63
63 OS 2-415
Possession of CDS
Title 21 or Title 63?
63
63 OS 2-402.B
What makes an assault and battery aggravated?
Great bodily Injury inflicted upon the Victim
OR
Committed by a person of robust health/strength against a Victim who is aged/decrepit/disabled
21 OS 646
When discussing Aggravated Assault and Battery, what does ‘great bodily injury’ mean?
bone fracture, disfigurement, loss or protracted impairment of a body part/organ/metal faculty, or substantial risk of death
(usually charged for breaking ribs, jaw, eye socket)
21 OS 646
A man commits assault and battery against the following list of people. Which people below would NOT make the crime Domestic Abuse?
Current wife
Ex-wife
Ex-girlfriend
Current girlfriend (who wife doesn’t know about)
His dad (who does not live with him)
His mom (who lives with them)
His adult step-son that lives at home
His 17 year old daughter that lives at home
His adult son that has moved out
His cousin that lives in the same house
His uncle that lives out of town
His sister-in-law that lives in the same house
His brother-in-law that lives next door
Benny, a roommate who rents a room in the Suspect’s house
It would be domestic abuse against ALL of them EXCEPT Benny the roommate who rents a room in the Suspect’s house because they are either current/former “Intimate Partners” or “Family/Household Members”
Roommates were removed in 2022
21 OS 644
22 OS 60.1 - Definitions
Two guys are out burglarizing cars. One stands at the end of the street and acts as a look-out, but never actually does any of the breaking/entering/stealing.
Can he be charged with Burg 3? If so, as a principal or accessory?
Yes
As a principal
21 OS 172
OUJI-CR 2-6
Late at night, a Suspect is burglarizing vehicles and steals a gun. Eventually he gets spotted by an observant Charlie shift officer, but he runs and gets away. He texts his buddy who lives in South OKC “I was stealing from cars and now the cops are chasing me, come pick me up and get me out of here.” His buddy comes and picks him up and drives the Suspect away from the scene.
Can the friend be charged? With what? Why?
Yes
Burglary 3
he’s an accessory
Accessory = aids or conceals AFTER the commission of a felony
21 OS 173
OUJI-CR 2-4
13.a. “Person requiring treatment” means a person who because of his or her mental illness or drug or alcohol dependency:
(1) poses a substantial risk of immediate physical harm to SELF as manifested by evidence or serious ___ of or ___ at suicide or other significant self-inflicted bodily harm,
(2) poses a substantial risk of immediate physical harm to another person or persons as manifested by evidence of ___ ___ directed toward another person or persons,
(3) has placed another person or persons in a reasonable fear of violent behavior directed towards such person or persons or serious physical harm to them as manifested by serious and immediate ___,
(4) is in a condition of severe ___ such that, without immediate intervention, there exists a substantial risk that severe impairment or injury will result to the person, or
(5) poses a substantial risk of immediate serious physical injury to self or death as manifested by evidence that the person is unable to provide for and is not providing for his or her basic physical ___.
threats, attempts
violent behavior
threats
deterioration
needs
43A OS 1-103.13.a
You arrest a suspect for DUI. They admitted they are high and drunk, and you see indicators of both intoxicants. You also found beer and marijuana in the center console. Do you do a breath or blood test?
Blood (if you think a combination)
47 OS 67-751
Policy 504.5.5
What Crime?
Shoots another person with intent to kill them
Shooting with Intent to Kill
What crime?
Shoots (and hits) another person, but does not kill them
Assault and Battery with a Deadly Weapon
What crime?
Shoots at a person (but misses)
Assault with a DANGEROUS weapon (not deadly. assault with a deadly weapon does not exist in state statute)
21-645
Thompson v State OK 2018 - DEF shot at but did not hit victim… charge should have been Assault w Dangerous Weapon
What crime?
Points a firearm at another person and threatens them
Felony Pointing
21-1289.16
Someone tries to stab another person with a steak knife. What charge?
Assault with a Dangerous Weapon 21-645
Is a firearm considered a deadly or dangerous weapon?
Deadly
What is a weapon per se?
A weapon in and of itself (ie a firearm, specifically designed to kill/injure)
Is a steak knife (being used to stab someone) considered a deadly or dangerous weapon?
Dangerous
A felon is living at home with his parents. Can his dad keep a gun in the house?
No
21 OS 1283
A felon is riding in the passenger seat with his girlfriend. His girlfriend is not a felon and has a pistol concealed on her person. Can the felon be charged with Possession AFC due to the firearm being in the vehicle?
No, because he is the passenger (the law just changed to allow this; in previous years the answer was no)
21 OS 1283
Does “Assault with a Deadly Weapon” exist in Oklahoma statutes?
NO
Oklahoma only has Assault and Battery with a Deadly Weapon OR Assault with a Dangerous Weapon
Thompson v State OK 2018 - DEF shot at but did not hit victim… charge should have been Assault w Dangerous Weapon
Can an 18 year old transport a loaded firearm in his vehicle?
Can an 18 year old transport an unloaded firearm in his vehicle? If he can, does it need to be unconcealed?
Can an 18 year old carry a concealed firearm on his person?
No (21 OS 1289.7.B)
Yes, no- can be concealed or unconcealed (21 OS 1289.7.B)
No (21 OS 1272.A.6)
Can a citizen open or concealed carry a pistol in a bar (where the sale of alcoholic beverages is the primary purpose of business)?
No
21 OS 1272.1.A
What crime?
Someone REPEATEDLY follows/harasses another, causing the person being harassed to feel frightened
Stalking
21 OS 1173
You are impounding a vehicle due to arresting the driver. Driver is owner of vehicle. Can you release it to his designee?
Same scenario, but driver is not owner of vehicle. Owner is not on scene. Can you call the owner and have them come get the vehicle?
No
No
Impound Procedure 500.6.1
When can you impound a vehicle outside an arrest?
90 days expired registration
Wrong tag + reason to believe put on to circumvent the law
No insurance
Driving without a valid license
Procedure 500.6
Stop lamps (brake lights) must be visible from at least __ feet to the rear in normal sunlight
500 feet
47 OS 12-206.B.2
When is signaling required? (2 times)
When changing lanes
15-509.b.1
When turning at an intersection (two roadways) OR turning to a private road or driveway, if turn AFFECTS other traffic (other cars must be on the road, that car can be a police car), AND must be made 100’ prior to the turn
State v Nelson (2015)
15-905.A
Note: 47 OS 11-604(A) states No person shall turn at an intersection, a public road, a private road, or a driveway without giving an appropriate signal (A) and must be 100’ prior (B)
Name the 5 pedestrian violations
Improperly walking in street when SIDEWALKS provided (15-1709A)
Pedestrian fail to walk on the left side of the road / FACING TRAFFIC (1709B)
Pedestrian walk or run into PATH of close VEHICLE (1703b)
Pedestrian crossing roadway at RIGHT ANGLE (1705)
Prohibited crossing(must use CROSSWALK 1707)
Noise violations:
Electronic speakers audible within dwelling not source from (what times?)
On public property/road audible ___ feet from device
10PM to 7AM (10-414.e.1)
50 feet (10-414.e.2)
Tail lights must be visible from ___ feet to the rear?
1000
47-12-204
Cannot operate a vehicle with an outright breakage in which windows?
the windshield or on windows on either side of driver
15-304
Ticket writer
Alleged speed vs actual speed
Alleged is what you are charging them with
Actual speed is what the radar showed
What is the difference between probation and parole?
Probation instead of jail/prison
Parole = early release from prison
Bicycles - required to have what at night (any speed limit)
Side reflective material
15-1610
Deadly Force policy
Imminent does not mean __ or ___
Imminent danger may exist even if the suspect is not ____ pointing a weapon at someone
An imminent danger may exist when a suspect ___ or is ____ a weapon and intends to use it against officers/others
Immediate or instantaneous
at that very moment
Has, attempting to access
The Taser can be used when
- The subject is __ or is ___ resisting
- The subject has demonstrated (by words or action) an intention to be __ or to ___ resist
- The subject is ___ or is a ___ risk from a ___ offense
violent, physically
violent, physically
feeling, flight, serious
303.5.1
Taser policy says you can tase someone for running if they have committed a “serious” offense. What does that mean?
A felony OR
any crimes that involves violence or force
303.5.1
Someone put their license plate in the back window of their car. Is that legal? if not, what crime?
License plate must be attached to __ and __ of vehicle
Does it need to be in the center?
No, illegal tag display
exterior, rear
no
15-306.b “No person shall fail to display the state vehicle license or tag as required by law”
“the license plate shall be affixed to the exterior of the vehicle” 47-1113.a.1
“The license plate shall be securely attached to the rear of the vehicle” 47-1113.a.2
15-105 state motor vehicle code laws… shall be fully enforceable by the city
When can you use the carotid control hold?
When necessary to stop the threatened or attempted infliction of great bodily harm or death
300.3.4
Bicycles - required to have what at night (speed limit OVER 25 mph)
White light on front and red light on rear
15-1610
When does an item get entered into NCIC?
- Any items with a __ ___ valued over ___
- All ____
- When the combination of property exceeds ___, although individual items may be less than $500
- Any __, ___, or ___ regardless of value
- serial number, $500
2, firearms
- $5000
- Bicycle, TV, or computer
Name some bicycle traffic violations
Bicycle fail to obey rules of the road (15-602)
Bicycle fail to obey traffic control devices (15-603)
Bicycle failing to ride as close to (right) side of road as practicable (15-605a)
Enforceable traffic laws from private drive/property
Reckless driving
Parking in fire lane
Parking in handicap
DUI/APC
Leaving the scene (accident)
Failure to Provide Security Verification (accident)
What are examples of “emergency calls” that could require an “emergency response” with continuously operating emergency vehicle lights and sirens?
Pursuit of violator or suspected violator
Responding to an emergency involving possible injury, death, or significant property damage
Immediate assistance requested by an officer
309.3.1
Disturbing the peace
Using ___, insulting, or threatening language
Making noises that a reasonable person would find ___ loud or offensive
Obstructing, molesting, or ___ with any person lawfully in a public place
Obstructing ___ ___ of pedestrians/vehicles on a street/sidewalk in a public place
Committing an act calculated to unreasonably ___ or alarm the public or any person
profane
unnecessarily
interfering
free passage
disturb
10-401
Someone is walking around in a state of nudity. Can be arrested for what municipal ordinance?
Nudity (or Indecent Exposure)
10-511
21 OS 1021 state version
Bicycle lights must be visible __ feet to front and ___ feet to rear
1000 (15-1610.a)
1000 (15-1610.b)
Traffic signal / stop light. Where must you stop?
Before marked stop line
If none, before entering crosswalk
At what age can you issue juvenile citations?
13 and older
No SDL, DL suspended/revoked are now cite and release. When could you still arrest?
- Motorist is being uncooperative
- Articulable reason to believe the motorist will not appear in court on the appearance date
- Motorist does not live in the metropolitan area
(Procedure 501.2.6.A.1)
You work an accident and can’t decide what citation to give the at-fault driver. What is the fallback citation?
Careless driving
“A driver of a motor vehicle who collides with another vehicle or with any person/property because of driving error is guilty of CARELESS driving.”
You arrest someone for Possession of CDS and Possession of Marijuana.
Send both marijuana and meth to OSBI? OR just the CDS?
Both
Procedure 800.3.1.2
You arrest someone of state charges (ie DUI-D). At the time, they were in possession of marijuana, but no other drugs. Do you send the marijuana to OSBI?
No
If only marijuana, does not get sent to OSBI (unless felony like PWI) per Procedure 800.3.1
Can you cite/release a juvenile for marijuana?
Can you cite/release a juvenile for petit larceny?
If yes, do you have to release to a parent?
Do you need to do a report after?
Yes
Yes
Yes
No
A vehicle is failing to stay within it’s marked lane boundaries. What violation?
Improper Lane Use
15-509
What year did center-mounted (third) brake lights become mandatory on passenger cars?
What year did center-mounted (third) brake lights become mandatory on light trucks?
1986
1994
OC spray may be considered for use to bring under control an individual or group of individuals who are engaging in, or are about to engage in, ___ behavior
OC may be used when a subject has signaled his or her intention to ___ resist the officer’s efforts to make the arrest or when reasonably necessary
violent (302.8)
actively (302.8.1)
Officers may use pain compliance techniques on a ___ or ___ resisting individual
physically
actively
300.3.3
Disorderly conduct
Acts in a ___ or tumultuous manner toward another whereby any person is placed in ___ for his safety, or their ___ is placed in danger of being destroyed
Angry ___
___ words
Jostles, crowds, or ___ someone in a public place
Causes, provokes, or engages in a ___
violent, fear, property
threats
fighting
pushes
fight
10-403
(Simple) Trafficking amounts
Heroin
Meth
Xanax
Marijuana
Fentanyl
10g
20g
500g
25 lbs
1g
63-2-415
Can you use your firearm (deadly force) to stop a suspect from using a vehicle as a deadly weapon?
Yes
Can you tase someone for running only?
What about running from a minor crime?
No
No (must be “serious” crime or physically resisting or violent)
303.5.1