test q

Question 1

A crime may be defined as

Answer 1

a public offense, forbidden, which the government sanctions

Question 2

A suspect may invoke his right to counsel or right to remain silent

Answer 2

at the beginning of the interrogation and anytime during interrogation

Question 3

A self-incriminatory statement by a suspect, falling short of a complete acknowledgement of guilt is a

Answer 3

admission

Question 4

Ted broke into sally’s apartment at 7:30am while sally was sleeping. Ted set Sally’s bed on fire. The crime that ted could be charged with is

Answer 4

Arson in the first degree

Question 5

Cases where the court of criminal appeals has interpreted statutory law in very specific cases are called

Answer 5

Case law

Question 6

An arrest warrant issued out of the district court, charging a misdemeanor, can be served at

Answer 6

any time day or night if the warrant states that

Question 7

Malice aforethought as used in Murder in the First Degree may be defined as

Answer 7

deliberate intent

Question 8

A felony may be defined as

Answer 8

A crime which is or may be punishable with death, term in the penitentiary and or a fine

Question 9

Normally, if you make an arrest outside your jurisdiction you do so

Answer 9

as a private citizen

Question 10

False arrest and false imprisonment cases are

Answer 10

criminal and civil

Question 11

Sam is standing in the middle of his living room holding a .45 semiautomatic pistol when you lawfully entered the resident to service a court summons. You are aware that Sam has been convicted of a felony and has not been pardoned. Sam has committed

Answer 11

a felony

Question 12

There are two main types of municipal courts in Oklahoma. These are

Answer 12

Municipal court of record

and

Municipal court not of record

Question 13

Requisite elements of a crime are

Answer 13

all of the above

Question 14

A writ, as that term is used in law is

Answer 14

an order of the court

Question 15

In Oklahoma it can be a felony to carry a firearm into an establishment where beer and intoxicating liquor is consumed. Persons exempt from this law are

Answer 15

the owner
peace officer
persons with a valid SDA permit
provide the sale of beverages containing alcohol is not the primary purpose of the establishment

Question 16

Mary, age 13 gives her consent to have sexual intercourse with Sam, age 22. If sam has intercourse with Mary, Sam has committed

Answer 16

the crime of rape in the first degree

Question 17

Burden of proof in a civil cases is

Answer 17

preponderance of the evidence

Question 18

The defendant has the right to not testify. The right is guaranteed by the_____ to the US constitution.

Answer 18

5th amendment

Question 19

The elements of civil battery are

Answer 19

intentional
non-consensual
physical contact with another person

Question 20

The right to an attorney during police interrogations, or when defendants are in custodial situations, is assured by

Answer 20

Miranda vs. Arizona

Question 21

Generally, a peace officer may

Answer 21

arrest for a misdemeanor committed or attempted in his presence

Question 22

Improper service, improper venue, lack of jurisdiction and statute of limitations are example of

Answer 22

technical defenses of a constitutional tort

Question 23

Reasonable grounds, such as would warrant a prudent person to believe certain facts are true, i.e., more than suspicion but less than proof beyond a reasonable doubt is known as

Answer 23

probable cause

Question 24

Failure to exercise the necessary degree of care which a reasonable person would use under a given set of circumstances is called

Answer 24

Negligence

Question 25

The legal steps necessary to prove a violation a criminal statue are known as

Answer 25

elements of the offense

Question 26

Homicide is justifiable when

Answer 26

defending yourself against deadly force

Question 27

A good rule of thumb concerning the use of force by law enforcement officers is to

Answer 27

use force when it is necessary and then use only reasonable force.

Question 28

Under conditions specified in 21o.s. 540b a person commits a felony by running a roadblock. Under such circumstances an officer may

Answer 28

use deadly force only if the person poses a threat of deadly force to the officer or another.

Question 29

Sam is in his house sitting on the sofa in the living room, when you tell him he is under arrest. You may search

Answer 29

sam and around the cushions on the sofa

Question 30

You feel you have reason to search a motel room rented by an individual for period of five days. It is day two of the rental period. The individual is not available to give consent. You may

Answer 30

seek a search warrant

Question 31

Search warrant may be served at night when

Answer 31

warrant states it may be served at any time of the day

Question 32

An affidavit must describe the person or place to be searched

Answer 32

so precisely that it excludes all other persons or place

Question 33

A search warrant must be executed and returned to the issuing magistrate within

Answer 33

10 days

Question 34

You are unable to appear before the magistrate to personally give testimony and present your affidavit to the court in order to receive a search warrant the statutes allow

Answer 34

the magistrate to authorize you to sign the magistrates name to a copy to conform with the original testimony / warrant

Question 35

you feel compelled to search a certain apartment which is leased to sam you realize that you do not have sufficient probable cause to get a search warrant so you decide to seek permission to search. The person who can give you permission is the

Answer 35

lessee

Question 36

The carroll doctrine is a rule permitting searches of autos, boats, or aircraft without a search warrant, if three conditions are present. The three conditions are

Answer 36

it is mobile there must be prior probable cause there cannot be time to get a search warrant

Question 37

Mere suspicion or a hunch allow the officer to

Answer 37

start investigating

Question 38

hearsay is

Answer 38

seond hand info

Question 39

Sources of probable cause are

Answer 39

police and defendants witnesses media electronic means

Question 40

Direct evidence

Answer 40

requires no inferences to be drawn to reach a conclusion

Question 41

For evidence to be admissible it must be relevant

Answer 41

factual and material

Question 42

Something legally presented before a court such as a statement of witnesses, or a physical object, which bears on, or establishes the point in question is definition of

Answer 42

evidence

Question 43

Searches and seizures conducted outside the judicial process without prior approval by a judge are per se unreasonable

Answer 43

under the forth amendment subject only to a few specifically established well delineated exceptions

Question 44

The reason a frisk is condoned by the court is that it is

Answer 44

for the officers protection

Question 45

The legal basis for stop and frisk is

Answer 45

terry v ohio

Question 46

The titles Oklahoma statues most used by law enforcment

Answer 46

``` 10 21 22 37 47 63 ```

Question 47

You have reasonable suspicion to believe that sam is distributing cocaine from his car. You approach the car in which sam is sitting in the drivers seat. You direct sam out of the car and immediately condut a pat down frisk. You do not find a weapon on sam, but you feel a rock like object in sams sock. Based upon your training and experience. You know that object is crack cocaine this evidence is

Answer 47

admissible because the search is reasonable and you can reasonable articulate how you know the object was crack cocaine.

Question 48

Sam was convicted at age of 16 for the crime of burgulary 1st degree. Sam was certified to receive an adult sentence and was admitted to a deferred sentence. You have arrested sam for a misdeameanor assault and batter. Sam will be handled as an

Answer 48

adult

Question 49

For purposes of abuse or neglect, Oklahoma legally defines a child as anyone under the age of _____

Answer 49

18

Question 50

Sam has been charged with robbery with a firearm. Sam is fifteen years old and under Oklahoma law is considered an

Answer 50

Youthful offender

Question 51

Which of the following offers correct guidelines for interrogating juveniles if the information gained is to be admissible into evidence against that juvenile?

Answer 51

Allow the juvenile and his parent a private session prior to the interrogation.

Question 52

You suspect a delinquent of a felony crime and or being an escapee, the child may be held in certified jail not to exceed ___ hours of purpose of identification, processing and transfer.

Answer 52

6 hrs

Question 53

A warrant-less arrest of a juvenile, for the commission of a felony, is good if it is based on

Answer 53

Probable cause

Question 54

Children who cannot recognize reality or deal with ordinary demands of life are legally as_______ when adjudicated.

Answer 54

in need of treatment

Question 55

Amount of force utilized which is not authorized by law or goes beyond the necessary and reasonable to obtain is

Answer 55

Excessive use of force

Question 56

An order in writing issued by a competent court to a law officer directing him to search for specific property to bring to the court is

Answer 56

Search warrant

Question 57

probable cause that a crime has or is being committed and that a search will uncover evidence or contraband and existing facts require an immediate search are elements of

Answer 57

a search based on exigent circumstnaces

Question 58

A search conducted in the immediate area of a lawful arrest is

Answer 58

a search incidental to arrest

Question 59

words of a witness from the witness stand is considered

Answer 59

Testimonial evidence

Question 60

Evidence presented, often by both sides, upon which the Trier of fact must decide the point of question is

Answer 60

proof

Question 61

When transferring a rifle or shot gun it should be

Answer 61

unloaded, safety on action open at port arms

Question 62

Identify the six basic fundamentals of shooting

Answer 62

``` stance grip/lock wrist sight alignment trigger control follow through ```

Question 63

The two types of torts discussed in class are _______ and __________

Answer 63

Intentional and constitutional

Question 64

Service of a civil process document may be accomplished by

Answer 64

Personal service or substitute service

Question 65

A ______ is an order to the defendant to turn over certain property to the plaintiff to satisfy a judgment.

Answer 65

Replevin

Question 66

The Miranda Doctrine requires suspects be advised of their constitution rights under the 4th,5th, and 6th amendments.

Answer 66

True

Question 67

An officer follows a suspicious-looking person into his house. While inside, the officer observes illegal contraband, based on "plain-view" exception, the officer may seize the contraband and make the arrest.

Answer 67

False

Question 68

______Robbery is the wrongful taking of the personal property in the possession of another by force or fear.

Answer 68

Robbery?

Question 69

_____ is the taking of the personal property of another without consent with the intent to deprive.

Answer 69

Larceny

Question 70

________ Specifies the requirements for probable cause.

Answer 70

4th amendment

Question 71

Misdemeanor arrest warrants may be executed between the hours of _____unless other times are authorized on the warrant or the person is in public.

Answer 71

6:00am to 10:00pm