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CLEET - Final Exam Notes 2024 (20p)
Intersections - ANS>> Most serious crashes for LEO occur where? Searches and seizures conducted outside the judicial process, without prior approval by a neutral and detached judge or magistrate, are "per se" unreasonable _____. - ANS>> under the Fourth Amendment - subject only to a few specifically established and well-delineated exceptions Hearsay is _____ - ANS>> Second hand information Which class of person may not be permitted to testify as "lay" (non-expert) witnesses? - ANS>> Persons who have no knowledge of the case If a person has been convicted and placed on a suspended sentence, and that person then commits another crime while still on probation, then _____ - ANS>> the District Attorney may file a Motion to Revoke What are the three primary factors that influence criminal jurisdiction in Indian country?
- ANS>> - Impact of sovereign status
- Plenary Power of Congress
- U.S. Supreme Court interpretations of Indian law What is Indian country as defined by 18 US Code Section 1151? - ANS>> - Within the limits of any Indian reservation under the jurisdiction of the US Government
- Dependent Indian communities
- All land allotments, the Indian title to which has not been extinguished, including rights of way What are the three major federal statutes in Title 18 of the Federal Code that govern federal criminal jurisdiction in Indian Country - ANS>> - Indian Country Crimes Act
- Major Crimes Act
- Assimilative Crimes Act The _______ allows federal criminal courts to borrow state criminal code to fill gaps where there is no federal law and apply it to areas under exclusive federal control. - ANS>> Assimilative Crimes Act
Page | 2 A non-Indian commits a burglary on the Muskogee (Creek) Nation property. How will the elements of the crime be defined, and which guidelines will be used for sanctions if found guilty? - ANS>> Only Oklahoma Statutes What are at least two ways to establish who is considered to be an Indian, for the purposes of criminal jurisdiction in Indian Country? - ANS>> Must have Tribal or Federal recognition of the person as Indian, and Must be considered a member of a Federally recognized Tribe You make a traffic stop. The driver, who is a non-resident of Oklahoma and lives in another country, is lawfully visiting the United States. He is exempt from Oklahoma's driver's license requirement if ____ - ANS>> He has a valid driver's license from his home country in his immediate possession An affidavit for a search warrant must describe the place to be searched - ANS>> so precisely that location of the place to be searched may be determined solely by reference to the description contained in the Warrant 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 _____ - ANS>> the magistrate to authorize you to sign the magistrate's name to a copy of the search warrant. A search warrant may only be served after 10:00pm when the ____ - ANS>> warrant states it may be served at any time of day or night In 1914 the federal case of Week vs. U.S. established the "exclusionary rule" in Federal Courts. The ruling means that if a peace officer obtains evidence unlawfully, the evidence _____ - ANS>> may not be used in court In the US Supreme Court Case US vs. Havens, the court held that illegally seized evidence _____ be used in court _____ - ANS>> Could To impeach the witness because preventing perjury is so important In Mapp v. Ohio, the evidence was suppressed because _____ - ANS>> The officers did not have a search warrant and were not operating under one of the recognized exceptions The public policy reasoning behind the exclusionary rule is _____ - ANS>> It will deter peace officers from illegally seizing evidence, because the officers know the evidence will not be admissible In Miranda v. Arizona, the court assured a criminal defendant the right to _____ when said defendant was _____ - ANS>> An attorney
Page | 4 commits the act constitution the offense, or aids or abets its commission, although not present. - ANS>> Principals What is the name of the crime for which the elements are (1) taking, (2) of personal property, (3) of another, (4) without consent, (5) with intent to deprive the owner of its benefit? - ANS>> Larceny What is the name of the crime for which the elements are (1) death of a human, (2) as a direct result of an act or event which happened in the commission of a misdemeanor (3) caused by the defendant or a person engaged with the defendant in the commission of the misdemeanor? - ANS>> First Degree Manslaughter Pursuant to the Oklahoma Uniform Jury Instructions, for the purposes of Arson First Degree prosecution, a building or structure is considered _____ if it actually contains one or more persons at the time of the crime, and is considered _____ if any part of it is normally used by any person for lodging. - ANS>> Occupied Inhabited In Oklahoma, it can be a felony to carry a firearm into establishments where beer and intoxicating liquor are consumed. Persons exempt from this law are _____. - ANS>> - the owner or proprietor of the establishment
- peace officers
- properly licensed private investigators in the course of their business
- persons with a valid SDA permit, provided the sale of beverages is not the primary purpose of the establishment You answer a prowler call. A neighbor informs you that she heard glass breaking at the home next door. As you go to the back of the house you see someone run to the fence. Using your flashlight, you can see no sign of a weapon and believe the person is unarmed. After shouting "Police - stop!" The person starts over the fence and you believe the person is about to escape. You should _____. - ANS>> Determine if probable cause exists to believe the suspect poses a serious threat of injury to you or others. A warrantless arrest (taking into custody) of a juvenile, for the commission of a felony, is good, if it's based on _____. - ANS>> Probable cause A person having the power and authority to issue a warrant for the arrest of a person charged with a public offense is a _____. - ANS>> Magistrate The elements of negligence are well settled. They are _____. - ANS>> Duty
Page | 5 Breach Causation Damages An arrest warrant issued out of district court, charging a misdemeanor, can be served _____. - ANS>> At any time, day or night, if the warrant so states A suspect may invoke his right to counsel or right to remain silent _____. - ANS>> At the beginning of the interrogation and anytime during the interrogation When a person who would normally be treated as a juvenile is treated by the court as an adult, that process is known as _____. - ANS>> Direct Certification If a peace officer discovers a minor who has been injured, and no parent of the child can be found, the officer may _____. - ANS>> Authorize treatment if the physician says immediate treatment is necessary Sam was found guilty at the age of 16 of the crime of Burglary 1st Degree. Sam was certified to receive an adult sentence and imposition of judgement and sentence was differed. Sam is now 17 and you have arrested Sam for misdemeanor assault and battery. Sam will be handled as an _____. - ANS>> Adult If you are to interrogate a juvenile, and have the information gained be admissible into evidence against the suspect, who should be allowed in the room with you and the juvenile? - ANS>> You should allow one of the following to be present with the juvenile: Parent Guardian Attorney Adult relative Adult caretaker Legal custodian The titles of Oklahoma statutes most commonly referred to by law enforcement officers are _____. - ANS>> 10A 21 22 37A 47 63 Cases from the Oklahoma Court of Criminal Appeals are collected in a set of books called the _____. - ANS>> Pacific Reporters
Page | 7 Define law enforcement community relations - ANS>> The process by which police and the community work together to identify and solve problems Is high blood pressure a reaction to stress? - ANS>> Yes What is not a recommended way to cope with stress? - ANS>> Working harder to keep your mind off it _____ is important to achieving the overall gold of criminal justice - ANS>> Mutual trust and respect The first step in managing diversity is to recognize it and learn not to _____. - ANS>> Fear it The cornerstone of community/police relations is - ANS>> Trust The way we speak to people can create a barrier to effective _____. - ANS>> Communication _____ pressure can lead you to do things you otherwise wouldn't do. - ANS>> Peer In community service, peace officers must _____ - ANS>> Serve the entire community The cornerstone of human relations are - ANS>> Social science concepts Religion Democracy Some ways to deter crime include the use of _____. - ANS>> One way mirrors "No cash" signs Cameras CCTV What time of door is a residential security hazard? - ANS>> Sliding glass doors How can a business minimize the loss, in case they are robbed? - ANS>> Keep cash on hand to a minimum Remove large bills from registers regularly Place cash in a drop safe that cannot be accessed by the cashier
Page | 8 Community relations rests with - ANS>> The individual officer There are two types of racism - ANS>> De jure De facto Do all gestures and speech patterns have the same meaning across cultures? - ANS>> No Two ways of diffusing a situation include - ANS>> Ventilation Active listening The three elements of a good law enforcement officer are: - ANS>> Sound moral principles Sound Judgement Ability to communicate Can something that is good for one person be bad for another? - ANS>> Yes The foundation or cornerstone of our government is based on our American Creed that "all people are created equal", which is enshrined in what document? - ANS>> The Declaration of Independence Enforcing the law is both morally and physically demanding. - ANS>> True Rights can be taken away by acts of racism, officiousness and lack of understanding by others who were meant to protect them. - ANS>> True From knowledge of different cultures and beliefs comes _____. - ANS>> Understanding What is the goal of community policing? - ANS>> Give the community structure, skills, and resources to keep themselves safe. All citizens deserve the same police service, this consists of: - ANS>> Efficiency Courteousness Effectiveness Respectfullness The SARA model of community policing stands for _____. - ANS>> Scanning Analysis Response Assessment
Page | 10 I shall jump off the yellow boat. - ANS>> I then began to interview the suspect. Cultural competence is comprised of four components: - ANS>> 1. Awareness of your own cultural world view.
- Attitude towards cultural differences.
- Knowledge of different cultural practices
- Cross-cultural skills Developing cultural competence results in an ability to understand, communicate with, and effectively interact with _____ across cultures. - ANS>> People Cultural awareness is the foundation of _____, and it involves the ability of standing back from ourselves and becoming aware of our cultural values, beliefs and perceptions. - ANS>> Communication In the discussion of the four degrees of cultural awareness, the fourth and final stage brings people from different cultural backgrounds together for the creation of a culture of shared meanings. The degree is called _____. - ANS>> Our Way We are generally aware that the first step in managing cultural diversity is to recognize it and learning ____. - ANS>> Not to fear it When managing cultural diversity, we should admit that we do not know all cultural differences. Knowing that we don't know everything, that a situation doesn't make sense, that our assumptions may be wrong is part of the process of becoming culturally aware. Assume _____, not similarities. - ANS>> Differences In order to understand another person, we need to try standing in his/her shoes. Through _____, we learn how other people would like to be treated by us. - ANS>> Empathy A crime may be defined as ___________ - ANS>> A public offense, forbidden, which the gov't sanctions A suspect may invoke his right to counsel or right to remain silent _______ - ANS>> Beginning of interrogation/ anytime during A self-incriminatory statement by a subject, falling short of a complete acknowledgement of guilt is a - ANS>> Admission Ted broke into Sally's apartment at 730 am while Sally was sleeping. While in the apartment, Ted intentionally set Sally's bed on fire. The crime he could be charged with is _________ - ANS>> Arson 1st degree
Page | 11 Cases where the court of criminal appeals has interpreted statutory law in very specific cases are called - ANS>> Case law An arrest warrant issued out of the district court, charging a misdemeanor, can be served __________ - ANS>> Anytime of day or night if the warrant states that Malice aforethought is used in murder in the first degree may be defined as __________ - ANS>> Deliberate intent A felony may be defined as ______ - ANS>> A crime which is or may be punishable with death, a term in the penitentiary and or a fine. Normally, if you make an arrest outside your jurisdiction you do so __________ - ANS>> As a private citizen False arrest and false imprisonments cases are ______ - ANS>> Criminal and civil Sam is standing in the middle of his living room holding a .45 semiautomatic pistol when you lawfully entered his residence to serve a court summons. You are aware that Sam has been convicted of a felony and has not been pardoned. Sam has committed _____ - ANS>> A felony There are two main types of municipal counts in OK. These are _ - ANS>> Municipal courts of record and municipal courts not of record Requisite elements of a crime are _____ - ANS>> - Committed voluntarily and intentionally by a capable person
- When a law exists and punishment is prescribed
- Enforceable by the state A writ, as that term is used in law, is ______ - ANS>> An order of the court 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 ________ - ANS>> The owner of the establishment, peace officers and persons with a valid SDA permit, provided the sale of beverages containing alcohol is not the primary purpose of the establishment. Mary, age 13 gives her consent to have sexual intercourse with Sam, age 22. If same has intercourse with Mary, Sam has committed - ANS>> Rape 1st degree Burden of proof in a civil case is ________ - ANS>> Preponderance of the evidence
Page | 13 An affidavit must describe the person or place to be searched __________ - ANS>> So precisely that it excludes all other persons or places A search warrant must be executed and returned to the issuing magistrate within _ - ANS>> 10 Days 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 _________ - ANS>> The magistrate to authorize you to sign the magistrates name to a copy to conform with the original testimony/ warrant 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 __________
- ANS>> Lessee The Carroll Doctrine is a rule permitting searches of automobiles, boats or aircraft without a search warrant, if three conditions are present, the three conditions are ________ - ANS>> It is mobile, there must be prior probable cause, and there cannot be time to get a search warrant Mere suspicion or a hunch allows the officer to ___________ - ANS>> Start investigating Hearsay is ____ - ANS>> Second hand information Sources of probable cause are ______ - ANS>> Police officers, defendants, witnesses, victims, media, and electronic means Direct evidence ________ - ANS>> Requires no inferences to be drawn to reach a conclusion For evidence to be admissible it must be relevant, _________ - ANS>> Factual/ material Something legally presented before a court, such as a statement of a witness or a physical object, which bears on, or establishes the point in question, is the definition of _____ - ANS>> Evidence Searches and seizures conducted outside the judicial process, without prior approval by a judge, are "per se" unreasonable ___________ - ANS>> Under the Fourth amendment subject only to a few specifically established and well delineated exceptions The reason a frisk is condoned by the court is that it is _______ - ANS>> For the officers protection
Page | 14 The legal basis for "stop and frisk" is _____ - ANS>> Terry v. Ohio The titles of Oklahoma's statutes most frequently used by law enforcement officers in Oklahoma are _______ - ANS>> 10A, 21, 22, 37, 47 and 63 You have reasonable suspicion to believe that Sam is distributing cocain from his car. You approach the car in which Sam is sitting in the drives seat. You direct Sam out of the car and immediately conduct a "pat down frisk". You do not find a weapon on Sam, but you feel a rock like object in Sam's sock. Based upon you training and experience you know that object is crack cocaine. This evidence is _______ - ANS>> Admissible because the search is reasonable and you can reasonable articulate how you know the object was crack cocaine Sam was convicted at the age of 16 for the crime of burglary, 1st degree. Sam was certified to receive an adult sentence and was admitted to a deferred sentence. You have arrested Sam for a misdemeanor assault and battery. Sam will be handled as a ____ - ANS>> Adult For purposes of abuse or neglect, Oklahoma legally defines a child as anyone under the ago of __ years - ANS>> 18 Sam has been charged with robbery with a firearm. Sam is fifteen years old and under Oklahoma law is considered a _______ - ANS>> Youthful offender Which of the following offers correct guidelines for interrogating a juvenile if the information gained is to be admissible into evidence against that juvenile - ANS>> Allow the juvenile and his parent a private session prior to the interrogation You suspect a delinquent of a felony crime and or being an escapee, the child may be held in a certified jail not to exceed ___________ hours for purposes of identification, processing and transfer - ANS>> 6 A warrantless arrest of a juvenile, for the commission of a felony, is good, if it's based on ___________ - ANS>> Probable cause Children who cannot recognize reality or deal with the ordinary demands of life are legally defined as ___________ when adjudicated - ANS>> In need of treatment The amount of force utilized which is not authorized by law or goes beyond the amount of force necessary and reasonable to detain, restrain or protect is the definition of ____
- ANS>> Excessive use of force An order in writing issued by a competent court to a law officer directing him to search for specific property to bring before the court is - ANS>> A search warrant
Page | 16 Loud, authoritative and appropriate verbal commands that protect an image of discipline and emotional self-control are encouraged throughout the application of force in order to: - ANS>> Give the suspect specific instructions for compliance According to Graham v. Connor, officers must utilize force in accordance with the - ANS>> Reasonable officer standards According to kinesics studies conducted by professor Ray L. Birdwhistle, when an officer makes contact, 90% of the communication that takes place between the officer and the subject is composed of: - ANS>> Nonverbal cues During a critical incident where an officer finds himself or herself suddenly under attack, the strategy best adopted is that which incorporates the principle of: - ANS>> Stationary positioning and tactically correct movement When making a contact, the recommended minimum distance that should be established between the officer and the subject contacted is: - ANS>> 4 to 6 ft During a misdemeanor arrest, prior to handcuff application, the proper distance to be maintained between the officer and the subject contacted is: - ANS>> 8 to 10 ft Oklahoma state statute deals with the issue of excessive force by Oklahoma peace officers title ___________ section 34.1 and 34.2: - ANS>> 22 According to statute, instances of excessive force are reported documented by any officer witnessing or participation in such force. An exemption from this requirement is included for: - ANS>> Newly employed officers during probationary period Statistically, the most dangerous part of the arrest process when the subject will most likely attack or resist the officer is during the: - ANS>> Handcuffing procedure Minimum force requirements means, the minimum (appropriate) amount of force used based on the level or degree of resistance being offered by the suspect. - ANS>> True What does defending against aggression vs. aggressor do for the police officer? - ANS>> Officers will strike area that will result in non-permanent injury Countering the aggression verses the aggressor reduces the chance of un-meritorious civil liability suits [un-meritorious?! Really?!]
Page | 17 After stunning a combative suspect and taking him to the ground, the officer has a limited amount of time to handcuff the suspect before the effects of the stun begin to subside. The time frame is usually within; - ANS>> 3 to 7 seconds In order to perform a vehicle extraction upon a motorist who refuses to exit vehicle, an officer should have: - ANS>> A misdemeanor arrest with the suspect's hands clearly visible. Which 2 tactical baton presentations are considered "low profile"? - ANS>> 3 & While conducting a contact, officers should approach and attempt to maintain a relative position to the suspect zone: - ANS>> One According to kinesics research, the most dangerous form of eye contact that indicates aggression and the possibility of imminent attack is a: - ANS>> Direct, uninterrupted stare It has been found that when a suspect attempts to disarm an officer and the officer successfully defends his firearm, there is an extremely high probability that the suspect will: - ANS>> Re-attack In order to maximize power generation when striking; strong coordination, and balance rotation of the _____ is/are necessary: - ANS>> Hips Officers that are required to utilize physical force in order to effect the arrest of a noncompliant suspect should never apply that force in a punitive fashion. - ANS>> True Upon hearing the audible signal of a police vehicle in the emergency mode, a motorist suddenly positions his vehicle to the right- hand curb and stops. The police vehicle is unable to stop quickly enough and strikes the stopped vehicle in the rear the motorist is guilty of ______? - ANS>> no violation of the law, the fault lies with the officer While responding to a fatal crash, the officer is involved in a minor traffic accident while traversing an intersection. It would be the officer's responsibility to - ANS>> stop, check for injuries, then request the station to assign another unit to the primary call Upon arriving at an accident scene, and properly positioning the police vehicle, the officer's first priority would be to_____? - ANS>> Render aid to the victim All impounded vehicles or other vehicles, whether it be for safeguarding or accident victims or other lawful reasons should be? - ANS>> Inventoried The three Cs of survival are courage, confidence and cognitive skills? - ANS>> True What 2 major crimes are not defined in title 18 (Indian county law)? - ANS>> Incest
Page | 19 Basic limitations of criminal law - ANS>> There can be no Ex Post Facto law Mala In Se vs Mala Prohibita - ANS>> Mala In Se crimes wrong (morally wrong inherently evil) Mala Prohibita Latin term acts or omission made by criminal statue Judicial system broken down - ANS>> Enforcement of Law Procedures of Law Punishment of Law A locked car door is - ANS>> 10xs stronger than an unlocked door Smith system - ANS>> Aim high 12 seconds ahead urban environment 1/2 mile ahead rural areas Keep eyes moving Get the big picture Leave yourself an out Make sure they see you The safest turnabout - ANS>> Is a U-turn Proper tactics can reduce - ANS>> The need for deadly force Six fundamentals of shooting - ANS>> Grip Stance Sight alignment Breathing control Trigger control Follow through Preventative Patrol utilizes a highly visible presence to - ANS>> Discourage crime Three types of stops - ANS>> Traffic High risk felony Investigative During a high risk stop your vehicle should be - ANS>> 30 feet away at a 30 degree angle A warrantless arrest for domestic violence must be made - ANS>> Within 72 hours Torts can be - ANS>> intentional or unintentional Interviews - ANS>> 4-6 feet zone one 8 - 10 feet zone three
Page | 20 High risk 21 feet
