Rules of Criminal Procedure

Question 1

_______ means any intrusion other than an arrest, by an officer under color of authority, upon an individual’s person, property, or privacy, for the purpose of seizing individuals or things or obtaining information by inspection or surveillance.

a. Seizure
B. Search
C. Reasonable Suspicion
D. Reasonable Belief

Answer 1

Search

Question 2

_____ the consent justifying a search and seizure can only be given, in the case of

A. Search of an individual person, by the individual in question or, if the person is under thirteen (13) years of age, by both the individual and his parent, guardian, or a person in loco parentis.

B. Search of a vehicle, by the person registered as its owner or in apparent control of its operation or contents at the time consent is given.

C. Search of premises, by a person who, by ownership or otherwise, is apparently entitled to give or withhold consent.

D. B &C Only

E. All of the above

Answer 2

All of the above

Question 3

_____ means the taking of any person or thing or the obtaining of information by an officer pursuant to a search or under color of authority.

A. Seizure
B. Search
C. Reasonable suspicion
D. Reasonable belief

Answer 3

Seizure

Question 4

_______ means an order issued by a judicial officer authorizing a search or seizure or both

a. Seizure
B. Search Warrant
C. Reasonable Suspicion
D. Reasonable Belief

Answer 4

Search Warrant

Question 5

_______ means a basis for belief in the existence of facts which, in view of the circumstances under and purposes for which the standard is applied, is substantial, objective, and sufficient to satisfy applicable constitutional requirements.

a. Seizure
B. Reasonable cause to believe
C. Reasonable Suspicion
D. Reasonable Belief

Answer 5

Reasonable cause to believe

Question 6

________ means a belief based on reasonable cause to believe.

a. Seizure
B. Search
C. Reasonable cause to believe
D. Reasonable belief

Answer 6

Reasonable belief

Question 7

Things not subject to seizure which are found in the course of a search of the person of an accused may be taken from his possession if reasonably necessary for custodial purposes.

True/False

Answer 7

True

Question 8

An officer who is making a lawful arrest may, without a search warrant conduct a search of the person or property of the accused for the following purposes only:

A. To protect the officer, the accused, or others
B. To prevent the escape of the accused
C. To furnish appropriate custodial care if the accused is jailed.
D. All of the above

Answer 8

All of the above

Question 9

The state has the burden of proving by ___ and ____ evidence that consent to a search was freely and voluntarily given and that there was no actual or implied duress or coercion.

A. Apparent and Clear
B. Clear and Positive
C. Noticeable and Knowledgeable
D. Clear and Concise

Answer 9

Clear and Positive

Question 10

Search of an accused’s blood stream, body cavities, and subcutaneous tissues conducted incidental to an arrest may be made only.

A. If there is a strong probability that it will disclose things subject to seizure and related to the offense for which the individual was arrested.

B. If it reasonably appears that the delay consequent upon procurement of a search warrant would probably result in the disappearance or destruction of the objects of the search

C. If it reasonably appears that the search is otherwise reasonable under the circumstances of the otherwise reasonable under the circumstances of the case, including the seriousness of the offense and the nature of the invasion of the individual’s person.

D. A&C

E. All of the above

Answer 10

All of the above

Question 11

An officer making an arrest and the authorized officials at the police station or other place of detention to which the accursed is brought may.

A. Conduct a search of the accused garments and personal effects ready to ready to hand .
B. the surface of his body
C. The areas within his immediate control
D. A&C
E. All of the above

Answer 11

All of the above

Question 12

A search based on consent shall not exceed, ____, the limits of the consent given

A. In time or scope
B. In duration or Scope
C. In time or Physical Scope
D. In duration or Physical Scope

Answer 12

In duration or Physical Scope

Question 13

_____ maybe read or otherwise examined only to the extent necessary for such purposes, including identity checking and ensuring the physical well being of the person arrested

A. Documents or other Records
B. Documents
C. Papers
D. Records

Answer 13

Document or other Records

Question 14

A private person may make an arrest where he has reasonable grounds for believing that the person arrested has committed

A. A crime
B. A misdemeanor
C. A Felony
D. None of the above

Answer 14

A Felony

Question 15

——— means an order issued by a judicial officer or, pursuant to the authorization of a judicial officer, by the clerk of a court, requiring a person against whom a criminal charge has been filed to appear in a designated court at a specified date and time

A. Summons
B. Warrant
C. Order to Appear
D. Bench Warrant

Answer 15

Summons

Question 16

——- means an order issued by a judicial officer at or after the defendant’s first appearance releasing him from custody or continuing him at large pending disposition of his case but requiring him to appear in court or some other place at all appropriate times

A. Summons
B. Warrant
C.Order to Appear
D. Bench Warrant

Answer 16

Order to Appear

Question 17

The officer has reasonable cause to believe that such person has committed acts which constitute a crime under the laws of this state and which constitute domestic abuse as defined by law against a family or household member and which occurred with four (4) hours preceding the arrest if no physical injury was involved or —-hours preceding the arrest if physical injury

A. 6
B. 8
C. 10
D. 12

Answer 17

12

Question 18

Upon the recommendation of a ——-, the ranking officer on duty at the place of detention to which the arrested person is taken may issue a citation in lieu of continued custody when the person has been arrested for a felony.

A. Division Commander
B. Prosecuting Attorney
C. Judge
D. Arresting Officers

Answer 18

Prosecuting Attorney

Question 19

Whenever practical, a ———- at a jail, police station, or other similar place. Should be electronically recorded

A. Suspect interview
B. Suspect interrogation
C. Custodial interrogation
D. Custodial interview

Answer 19

Custodial interrogation

Question 20

During a pretrial release decision , the judicial officer shall make a decision when the offense charge exceeds ——- year(s) and the prosecuting attorney does not stipulate that the defendant may be released on his own recognizance

A. 4
B. 3
C. 1
D. 5

Answer 20

1

Question 21

In all other cases , the ____ may release the defendant on his Owen recognizance or on order to appear without conducting a pretrial release inquiry

A. Prosecuting attorney
B. Judicial Officer
C. Defense Attorney
D. Arresting Officer

Answer 21

Judicial Officer

Question 22

A pretrial release inquiry shall be conducted by the ——- officer prior to or at the first appearance of the defendant.

A. Sworn
B. Arresting
C. Judicial
D. None of the above

Answer 22

Judicial

Question 23

During a pretrial the defendant is continued in custody subsequent to the first offenses , the prosecuting attorney shall file an indictment or information in a court of competent jurisdiction within _____ days of defendant’s arrest.

A. 30
B. 60
C. 90
D. 45

Answer 23

60

Question 24

If the defendant is represented by an attorney, the attorney shall, upon request, be provided with the opportunity for non- confidential communication with the defendant. True or False

Answer 24

True

Question 25

If the defendant is confined in a jail, prison, or other detention facility, a first appearance as provided in Rules 8.1 and 8.3 or a pretrial release inquiry as provided in Rule 8.4 may be conducted by ———- conference as provided in this rule

A. Telephone
B. Video
C. Both A & B
D. None of the above

Answer 25

Video

Question 26

——— means a suspicious based on facts or circumstances which of themselves do not give rise to the probable cause requisite to justify a lawful arrest, but which give rise to more than a bare suspicion

A. Probable Cause
B. Reasonable Suspicion
C. Reasonable cause to believe
D. None of the above

Answer 26

Reasonable suspicion

Question 27

A law enforcement officer who had detained a person under Rule 3.1 _____ advise that person of his official identity and the reason for the detention

A. Shall partially
B. Shall Willfully
C. Shall Immediately
D. Shall knowingly

Answer 27

Shall Immediately

Question 28

A law enforcement officer acting under the authority of Rule 3.1 may use such —— force as may be reasonably necessary under the circumstances to stop and detain any person for the purposes authorized by Rules 3.1 through 3.5

A.Deadly
B. Non-deadly
C. Deadly or non -deadly
D. Non of the above

Answer 28

Non-deadly

Question 29

A search warrant may be executed by any officer. The officer charged with its execution may be accompanied by such other officers or persons as may be reasonably necessarily for the successful execution of the warrant with all practicable safety

True or False

Answer 29

True

Question 30

The scope of search shall be only such as is authorized by the warrant and is reasonably necessary to discover the persons or things specified therein. Upon discovery of the persons or things so specified, ———- under authority of the warrant

A. Will take possession of custody of them and search no further
B. Shall take possession of custody of them and search no further
C. Will take possession of custody of them and continue thy search
D. Shall take possession of custody of them and continue the search

Answer 30

Shall take possession of custody of them and search no further

Question 31

If a search warrant is not executed, the officer shall return the warrant to the issuing judicial officer within a reasonable time, not to exceed———days from the date of issuance , together with a report of the reasons why it was not executed

A. 30
B. 60
C. 45
D. 90

Answer 31

60

Question 32

_______ means a suspicion based on facts or circumstances which of themselves do not give rise to the probable cause requisite to justify a lawful arrest, but which give rise to more than a bare suspicion : that is, a suspicion that is reasonable as opposed to an imaginary or purely conjectural suspicion.

a. Reasonable cause to believe
b. Reasonable Suspicion
c. Reasonable belief

Answer 32

Reasonable Suspicion

Question 33

A law enforcement officer may request any person to furnish information or otherwise cooperate in the investigation or prevention of a crime. The officer may request the person to respond to questions, to appear at a police station or ________

A. To comply with supervisors
B. To comply with any other reasonable request.
C. To comply with verbal commands.

Answer 33

To comply withy any other reasonable request

Question 34

If a law enforcement officer acting pursuant to this rule requests any person to come to or remain at a police station, prosecuting attorney’s office, or other similar place, he shall take steps as are reasonable to make clear that there ———-

A. is no legal contribution to comply with such request
B. is no legal obligation to comply with such request
C is no legal opportunity to comply with such request

Answer 34

is no legal obligation to comply with such request

Question 35

Individual shall mean______

A. Officer
B. Citizen
C. Cooperation

Answer 35

Cooperation

Question 36

A Law enforcement officer who has detained a person under Rule 3.1 ______ advise that a person of his official identity and the reason for the detention

A. shall always
b. shall immediately
c. shall attempt

Answer 36

shall immediately

Question 37

If a law enforcement officer who has detained a person under Rule 3.1 reasonably suspects that the person is armed and presently dangerous to the officer or others, the officer or someone designated by him may search the outer clothing of such person and the ________for, seize, any weapon or other dangerous thing which may be used against the officer or others. In no event shall this search be more extensive than is reasonably necessary to ensure the safety of the officer or others.

a. immediate perimeter
b. immediate area
c. immediate surroundings

Answer 37

immediate surroundings

Question 38

Reasonable suspicion means a suspicion based on facts or circumstances which of themselves do not give rise to the probable cause requisite to justify a lawful arrest, bur which give rise to more than a bare suspicion; that is

a. a suspicion that is necessary as opposed to an imaginary or purely conjectural suspicion
b. a suspicion that is reasonable as opposed to an imaginary or purely conjectural suspicion
c. a suspicion that is non reasonable as opposed to an imaginary or purely conjectural suspicion

Answer 38

a suspicion that is reasonable as opposed to an imaginary or purely conjectural suspicion

Question 39

A law enforcement officer may request any person to furnish information or otherwise cooperate in the investigation or prevention of the crime. The officer may request the person to respond to questions, to appear at a police station, or

a. to comply with any other unreasonable request
b,to comply with any other justifiable request
c.to comply with any other reasonable request

Answer 39

to comply with any other reasonable request

Question 40

In making a request pursuant to this rule no law enforcement officer shall ——– . Compliance with the request for information or other cooperation hereunder shall not be regarded as involuntary or coerced soley on the ground that such a request was made by a law enforcement officer.

a. indicate that a person is obligated to furnish information or to otherwise cooperate if no such legal obligation exist.

b. indicate that a person is obligated to furnish information or to otherwise cooperate if no such legal obligation exist.

c.indicate that a person is obligated to furnish information or to otherwise cooperate if such legal obligation exist.

Answer 40

indicate that a person is obligated to furnish information or to otherwise cooperate if no such legal obligation exist.

Question 41

Rule 3. Detention without Arrest
A law enforcement officer lawfully present in any place may, in the performance of his duties, stop and detain any person who he reasonably suspects is committing, has committed, or is about to commit——— involving danger of forcible injury to persons or of appropriation of or damage to property , if such action is reasonably necessary either to obtain or verify the identification of the person or to determine the lawfulness of his conduct. An officer acting under this rule may require the person to remain in or near such place in the officer’s presence for a period of not more than 15 minutes or for such time reasonable under the circumstances. At the end of such period the person detained shall be released without further restraint . or arrested and charged with an offense.

a. a Misdemeanor, or a felony
b. a felony, or a Misdemeanor
c.2 felony’s, or 2 misdemeanor’s

Answer 41

a felony, or a Misdemeanor

Question 42

Rule 3.2 Advice as to reason for Detention
A law enforcement officer who has detained a person under 3.1 ——–advise that person of his official identity and the reason for the detention.

a. will immediately
b. must immediately
c. shall immediately

Answer 42

shall immediately

Question 43

A law enforcement officer acting under the authority of Rule 3.1 may use such —–
force as may be reasonably necessary under the circumstances to stop and detain any person for the purposes authorized by Rules 3.1 through 3.5.

a. deadly
b. conformed deadly
c. nondeadly

Answer 43

nondeadly

Question 44

Rule 3.4 Search for weapons
If a law enforcement officer who has detained a person under Rule 3.1 reasonably suspects that the person is armed and presently dangerous to the officer or others, the officer or someone designated by him may search the outer clothing of such person and the_________ for , and seize, any weapon or other dangerous thing which may be used against the officer or others. In no event shall this search be more extensive than is reasonably necessary to ensure the safety of the officers or others.

a. immediate pockets
b. immediate clothing
c. immediate surroundings

Answer 44

immediate surroundings

Question 45

Rule 3.5 Stop of Witness to Crime
Whenever a law enforcement officer has reasonable cause to believe that any person found at or near the scene of a felony is a witness to the offense ,he may stop the person. After having identified himself. the officer must ________ . Such detention shall in all cases be reasonable and shall not exceed 15 minutes unless the person shall refuse to give such information, in which case , the person, if detained further, shall immediately be brought before any judicial officer or prosecuting attorney to be examined with reference to his name, address, or the information he may have regarding the offense.

a. advise the person of the purpose of the stopping and may then demand of his name, address, and any information he may have regarding the offense.

b. advise the person of the purpose of the stopping and may then ask nicely of his name, address, and any information he may have regarding the offense.

c. advise the person of the purpose of the stopping and may then ask aggressively of his name, address, and any information he may have regarding the offense.

Answer 45

advise the person of the purpose of the stopping and may then demand of his name, address, and any information he may have regarding the offense.

Question 46

Rule 4-Arrest/ Rule 4.1 Authority to arrest without a warrant except

a.the officer has reasonable cause to believe that such person has committed a felony

b. the officer has reasonable cause to believe that such person has committed a traffic offense involving

c. death or physical injury to a person;or

d. damage to property;or

e. driving a vehicle while under the influence of any intoxicating liquor or drug;

f.the officer has reasonable cause to believe that such person has committed any violation of law in the officer’s presence

g. the officer has reasonable cause to believe that such person has committed acts which constitute a crime under the laws of this state and which constitute domestic abuse defined by law against a family or household member and which occurred within 4 hours preceding the arrest if no physical injuries was involved or 12 hours [preceding the arrest if physical injury

h. domestic abuse in six hours proceeding the arrest with no physical injuries

I. all the above except, I

Answer 46

. all the above except, I

Question 47

A private person ____ make an arrest where he has reasonable grounds for believing that the person has committed a felony.

A. Will
b. Shall
c. Must
D. May

Answer 47

may

Question 48

A warrantless arrest by an officer not personally possessed of information sufficient to constitute reasonable cause is valid where the arresting officer is instructed to make the arrest by a police agency which__________

a. collectively possesses understanding sufficient to constitute reasonable cause.
b. collectively possesses knowledge sufficient to constitute reasonable cause.
c. collectively possesses clarity sufficient to constitute reasonable cause.

Answer 48

collectively possesses knowledge sufficient to constitute reasonable cause

Question 49

A person arrested without a warrant shall not be held in custody unless a judicial officer determines, from affidavit, recorded testimony, or other information, that there is reasonable cause to believe that the person has committed an offense. Such reasonable cause determination shall be made promptly, but in no event longer than ___ hours.

a. 16
b. 24
c. 32
d. 48

Answer 49

48

Question 50

Any law enforcement officer may arrest a person pursuant to a warrant in any ____in the state.

a. geographical area
b. county
c. jurisdiction
d. state border line

Answer 50

county

Question 51

A law enforcement officer need not have a warrant in his possession at the time of an arrest, but upon request he shall show the warrant to the accused as soon as possible. If the officer does not have the warrant in his possession at the time of the arrest, he shall inform

a. inform the accused of the fact that the warrant has been issued.
b. inform the accused of the fact that the warrant has been signed.
c. inform the accused of the fact that the warrant has been warranted.

Answer 51

inform the accused of the fact that the warrant has been issued.

Question 52

No law enforcement officer shall question an arrested person if the person has indicated in any manner that he does not wish to be questioned ,_______

a. or that he wishes to consult attorney before submitting to any questioning
b. or that he wishes to consult witness before submitting to any questioning.
c. or that he wishes to consult counsel before submitting to any questioning

Answer 52

or that he wishes to consult counsel before submitting to any questioning

Question 53

Any person arrested, if not released pursuant to these rules, shall be brought promptly to a jail, police station, or other similar place. The arresting officer may, first take the person to some other place if except:

a. the person so request; or
b. such action is reasonably necessary for the purpose of the person identified;
c. by a person who is otherwise unlikely to be able to make the identification; or
d. by a person near a liquor store or near the scene of a recently committed offense
e. by a person near the place of the arrest or near the scene of a recently committed offense

Answer 53

all of the above except, d

Question 54

_____-means a written order, issued by a law enforcement officer who is authorized to make an arrest , requiring a person of violating the law to appear In a designated court or governmental office at a specified date and time

a. judicial order
b. Ticket
c. Citation
d. Court

Answer 54

Citation

Question 55

________ means an order issued by a judicial officer or, pursuant to the authorization of a judicial officer, by the clerk of a court, requiring a person against whom a criminal charge has been filled to appear in a designated court at a specified date and time.

a. District Court
b. Reasonable cause to believe
c. Summons
d. warrant

Answer 55

Summons

Question 56

Order to appear means an order issued by a judicial officer at or after the defendants ________ or continuing him at large pending disposition of his case but requiring him to appear in court or in some other place at all appropriate times.

a. first appearance releasing him from custody
b. first appearance releasing him from court
c. first appearance releasing him from jail

Answer 56

first appearance releasing him from custody

Question 57

_______ means the the release of a defendant without bail upon his promise to appear at all appropriate times, sometimes referred to as “personal recognizance.”

a. Release on bail
b. Release on own recognizance
c. First Appearance

Answer 57

Release on own recognizance

Question 58

________ means the release of a defendant upon the execution of a bond, with or without sureties, which may be secured by the pledge of money or property.

a. Release
b. Release on bail
c. Release on own recognizance

Answer 58

Release on bail

Question 59

_______ means the first proceeding at which a defendant appears before a judicial officer.
a. Release on bail
b. Release on own recognizance
c. First Appearance

Answer 59

First Appearance

Question 60

A law enforcement officer in the field acting without a warrant who has reasonable cause to believe that person has committed any _______ may issue a citation in lieu of arrest or continued custody.

a. Felony
b. Misdemeanor
c. felony, misdemeanor

Answer 60

misdemeanor

Question 61

“Individual”includes corporation

True or False

Answer 61

True

Question 62

——— includes any craft or device for the transportation of persons or things by land, sea, or air

A. Motorcycles
B. Buses
C. Vehicles
D. Go- carts

Answer 62

Vehicles

Question 63

——— means a law enforcement officer or other person acting under color of authority to search and seize

A. Patrolman
B. Sergeant
C. Division Commander
D. Officer

Answer 63

Officer

Question 64

———- means real or personal property, including vehicles

A. Valuables
B. Collectibles
C. Property
D. None of the above

Answer 64

Property

Question 65

Rule 10.2 Permissible Objects of Seizures

Unless prohibited by other express provisions, the following ware sub to seizure: except

. Evidence of or other information except privileged information concerning the commission of a criminal offense or other violation of law

. Contraband, the fruits of crime, or things possessed in violation of the laws of this state

. Weapons or other things used or likely to be used as means of committing a criminal offense and

. An individual for whose arrest there is reasonable cause, or who is unlawfully held in confinement or other restraint

. All of the above

. All of the above except D

Answer 65

All of the above

Question 66

An officer ——- conduct searches and make seizures with a search warrant or other color of authority if consent is given to the search

A. Shall
B. Will
C. May
D. Must

Answer 66

May

Question 67

The state has the burden of proving by clear and positive evidence that the consent to a search was

A. freely and voluntarily given and that there was no actual or implied duress or coercion.

B. freely and voluntarily given and that there was actual or implied duress or coercion

Answer 67

Freely and voluntarily given and that there was no actual or implied duress or coercion