Quiz #4

Question 1

What are the elements of the crime of “Operating without Owner’s consent”?

Answer 1

• Whoever intentionally takes and drives
• any vehicle
• without consent of the owner

Question 2

What are the different levels of OWOC?

Answer 2

• OWOC and “drives or operates” is a lesser felony
• OWOC with use of a “weapon or force” creates a higher felony
• OWOC and “abandoned the vehicle without damage with 24 hours” is a misdemeanor
• OWOC sand “intentionally accompanies, as a passenger in the vehicle” is a misdemeanor

Question 3

What are 6 rules for a Terry stop?

Answer 3

• must occur in a public place
• officer must identify him or herself
• must reasonably suspect that the person is committing, has committed, or is about to commit a Law Violation
• May demand the person’s name and address and explanation of his or her conduct, but they don’t have to answer
• temporary detention must be in vicinity of the initial stop; never exceed 4 miles
• questioning May only be for a reasonable length of time (20min)

Question 4

What are 10 exceptions to the search warrant requirement in the 4th amendment?

Answer 4

1. Abandoned objects
2. Automobiles (Carroll doctrine)
3. Community caretaker
4. Consent searches
5. Custodial searches
6. Exigent circumstances
7. Frisk after a Terry Stop (DOPI)
8. Hot pursuit
9. Incident to a lawful arrest
10. Inspection pursuant to law
11. Inventory searches (must have department policy)
12. Plain view
13. Private searches
14. Probation search at the behest of a P&P agent
15. Protective sweep
16. Special Needs Doctrine
17. Third Party Doctrine

Question 5

What are the elements of the crime of “Criminal Damage to Property”?

Answer 5

• Knowingly caused damage to physical property of another
• With intent to caused the damage
• Without consent of the owner

Question 6

Define great bodily harm as stated in WI statutes 939.22(14) ?

Answer 6

• Injury which creates a substantial risk of death or which causes serious permanent disfigurement,
• or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily injury

Question 7

What are the elements of the crime of “Disorderly Conduct”?

Answer 7

• In a public or private place,
• engages in violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct,
• under circumstances in which the conduct tends to cause or provoke a disturbance.
• (A person cannot be charged with DC for loading, carrying, or going armed with a firearm or knife, unless there is criminal or malicious intent)

Question 8

What are the rules for a lawful frisk?

Answer 8

• Legally detained

- Danger of physical Injury