Understanding Criminal Jurisdiction in Indian Country and Oklahoma Law Enforcement, Exams of Law

Download Understanding Criminal Jurisdiction in Indian Country and Oklahoma Law Enforcement and more Exams Law in PDF only on Docsity! CLEET - Final Exam Notes with Verified Questions & Answers for 2024 Update. Most serious crashes for LEO occur where? - Intersections Under the Fourth Amendment - subject only to a few specifically established and well- delineated exceptions - Searches and seizures conducted outside the judicial process, without prior approval by a neutral and detached judge or magistrate, are "per se" unreasonable _____. Second hand information - Hearsay is _____ Persons who have no knowledge of the case - Which class of person may not be permitted to testify as "lay" (non-expert) witnesses? The District Attorney may file a Motion to Revoke - If a person has been convicted and placed on a suspended sentence, and that person then commits another crime while still on probation, then _____ - Impact of sovereign status - Plenary Power of Congress - U.S. Supreme Court interpretations of Indian law - What are the three primary factors that influence criminal jurisdiction in Indian country? - 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 is Indian country as defined by 18 US Code Section 1151? - Indian Country Crimes Act - Major Crimes Act - Assimilative Crimes Act - What are the three major federal statutes in Title 18 of the Federal Code that govern federal criminal jurisdiction in Indian Country 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. P a g e 1 | 19 Only Oklahoma Statutes - 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? Must have Tribal or Federal recognition of the person as Indian, and Must be considered a member of a federally recognized Tribe - What are at least two ways to establish who is considered to be an Indian, for the purposes of criminal jurisdiction in Indian Country? He has a valid driver's license from his home country in his immediate possession - 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 ____ So precisely that location of the place to be searched may be determined solely by reference to the description contained in the Warrant - An affidavit for a search warrant must describe the place to be searched The magistrate to authorize you to sign the magistrate's name to a copy of the search 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 _____ Warrant states it may be served at any time of day or night - A search warrant may only be served after 10:00pm when the ____ May not be used in court - 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 _____ Could To impeach the witness because preventing perjury is so important - In the US Supreme Court Case US vs. Havens, the court held that illegally seized evidence _____ be used in court _____ The officers did not have a search warrant and were not operating under one of the recognized exceptions - In Map v. Ohio, the evidence was suppressed because _____ It will deter peace officers from illegally seizing evidence, because the officers know the evidence will not be admissible - The public policy reasoning behind the exclusionary rule is _____ An attorney P a g e 2 | 19 Causation Damages - The elements of negligence are well settled. They are _____. At any time, day or night, if the warrant so states - An arrest warrant issued out of district court, charging a misdemeanor, can be served _____. At the beginning of the interrogation and anytime during the interrogation - A suspect may invoke his right to counsel or right to remain silent _____. Direct Certification - When a person who would normally be treated as a juvenile is treated by the court as an adult, that process is known as _____. Authorize treatment if the physician says immediate treatment is necessary - If a peace officer discovers a minor who has been injured, and no parent of the child can be found, the officer may _____. Adult - 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 judgment and sentence was differed. Sam is now 17 and you have arrested Sam for misdemeanor assault and battery. Sam will be handled as a _____. You should allow one of the following to be present with the juvenile: Parent Guardian Attorney Adult relative Adult caretaker Legal custodian - 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? 10A 21 22 37A 47 63 - The titles of Oklahoma statutes most commonly referred to by law enforcement officers are _____. Pacific Reporters - Cases from the Oklahoma Court of Criminal Appeals are collected in a set of books called the _____. P a g e 5 | 19 14th Amendment - The concepts of "procedural due process" and "substantive due process" are addressed in which US Constitutional Amendment? A foreign national be given a chance to contact their consulate - The Vienna Convention requires _____. Racial profiling - The detention, interdiction, or other different treatment of an individual based solely on the basis of racial or ethnic status of the individual is _____. 42 USC 1983 - The law that allows suit against a Peace Officer for Constitutional torts (and usually in federal court) is _____. Respondent Superior - The legal concept which allows your employer to be held liable for the acts you commit as a law enforcement officer is _____. Crime prevention - The primary responsibility of a peace officer is _____ Yes - Do your actions as a police officer have a bearing on your relationship with the community? 70-90% - What percentage of your time as a LEO is spent either on maintaining order or providing service unrelated to violations of the law? Neighborhood watch - One of the oldest and most effective crime prevention programs in the country is _____. Key-in-knob lock - The most common type of lock found in a residential property is _____. Small business - The hardest hit commercial robbery victim is _____. Crime reduction - The police citizen role is of prime importance for Encourage citizens to note/report suspicious activity to police - The elements of Neighborhood Watch include a police citizen program to establish rapport, and a method to _____. Proactive - This type of crime prevention technique is aimed at not allowing crime to take place Crime prevention - Anticipating, recognizing and appraising crime risks and taking action to remove or reduce the risks is _____. Yes - Do signs on windows, doors, etc. that indicate the presence of security devices (whether or not there actually are any) have a deterrent effect on crime? P a g e 6 | 19 The process by which police and the community work together to identify and solve problems - Define law enforcement community relations Yes - Is high blood pressure a reaction to stress? Working harder to keep your mind off it - What is not a recommended way to cope with stress? Mutual trust and respect - _____ is important to achieving the overall gold of criminal justice Fear it - The first step in managing diversity is to recognize it and learn not to _____. Trust - The cornerstone of community/police relations is Communication - The way we speak to people can create a barrier to effective _____. Peer - _____ pressure can lead you to do things you otherwise wouldn't do. Serve the entire community - In community service, peace officers must _____ Social science concepts Religion Democracy - The cornerstone of human relations are One way mirrors "No cash" signs Cameras CCTV - Some ways to deter crime include the use of _____. Sliding glass doors - What time of door is a residential security hazard? 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 - How can a business minimize the loss, in case they are robbed? The individual officer - Community relations rests with P a g e 7 | 19 4. Cross-cultural skills - Cultural competence is comprised of four components: People - Developing cultural competence results in an ability to understand, communicate with, and effectively interact with _____ across cultures. Communication - 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. Our Way - 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 _____. Not to fear it - We are generally aware that the first step in managing cultural diversity is to recognize it and learning ____. Differences - 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. Empathy - 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. A public offense, forbidden, which the gov't sanctions - A crime may be defined as ___________ Beginning of interrogation/ anytime during - A suspect may invoke his right to counsel or right to remain silent _______ Admission - A self-incriminatory statement by a subject, falling short of a complete acknowledgement of guilt is a Arson 1st degree - 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 _________ Case law - Cases where the court of criminal appeals has interpreted statutory law in very specific cases are called Anytime of day or night if the warrant states that - An arrest warrant issued out of the district court, charging a misdemeanor, can be served __________ Deliberate intent - Malice aforethought is used in murder in the first degree may be defined as __________ P a g e 10 | 19 A crime which is or may be punishable with death, a term in the penitentiary and or a fine. - A felony may be defined as ______ As a private citizen - Normally, if you make an arrest outside your jurisdiction you do so __________ Criminal and civil - False arrest and false imprisonments cases are ______ A felony - 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 _____ Municipal courts of record and municipal courts not of record - There are two main types of municipal counts in OK. These are _ - Committed voluntarily and intentionally by a capable person - When a law exists and punishment is prescribed - Enforceable by the state - Requisite elements of a crime are _____ An order of the court - A writ, as that term is used in law, is ______ 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. - 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 ________ Rape 1st degree - Mary, age 13 gives her consent to have sexual intercourse with Sam, age 22. If same has intercourse with Mary, Sam has committed Preponderance of the evidence - Burden of proof in a civil case is ________ Fifth Amendment - The defendant has the right to not testify. This right is guaranteed by the _____ to the US Constitution. Intentional, non-consensual, physical contact with another person - The elements of a civil battery are _____ Miranda v. Arizona - The right to an attorney during police interrogations, or when defendants are in custodial situations, us assured by P a g e 11 | 19 Arrest for a misdemeanor committed or attempted in his presence - Generally, a peace officer may ____ Technical defenses of a constitutional tort - Improper service, improper venue, lack of jurisdiction and statute of limitations are examples of __________ Probable cause - 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 ________ Negligence - Failure to exercise the necessary degree of care which a reasonable person would use under a given set of circumstances is called ___ Elements of the offense - The legal steps necessary to prove a violation of a criminal statute are known as ______ Defending yourself against deadly force - Homicide is justifiable ________ Use force when it is necessary and then use only reasonable force - A good rule of thumb concerning the use of force by law enforcement officer is ____ Use deadly force only if the person poses a threat of deadly force to the officer or another - Under conditions specified in 21 O.S 540B a person commits a felony by running a roadblock. Under such circumstances an officer may Sam & around the cushions on the sofa - Sam is in his house sitting on the sofa in the living room, when you tell him he is under arrest. You may search __________ Seek a search warrant - 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 _________ Warrant states it may be served at any time day/ night - A search warrant may only be served at night when the ______ So precisely that it excludes all other persons or places - An affidavit must describe the person or place to be searched __________ 10 Days - A search warrant must be executed and returned to the issuing magistrate within _ The magistrate to authorize you to sign the magistrates name to a copy to conform with the original testimony/ P a g e 12 | 19 Proof - Evidence presented, often by both sides, upon which the trier of fact must decide the point in question is ____ Handcuffing procedure - Statistically, the most dangerous part of the arrest process when the subject will most likely attack or resist the officer is during The: 1.5 Seconds - An average person can traverse 21 feet in ___________ seconds How we say things: tone, volume, rate of speech (context) - Paralanguage is defined as __________ Strikes and holds - The two basic categories of assaults on law enforcement personnel are __ and ___ Lower his or her center - When performing a defense from a front choke, the officer initial response is to ____ Age gender, habits, environment, cultural and ethnic differences - Personal space varies with____ 45 degree - When officers approach any person who is angry or not, what angle should they approach the person? Verbal Physical - The Oklahoma custody and control system is defined as: __ skills supported by __ Unexpectedly move out of the line of attack - While making contact with a visibly angered individual he suddenly throws a punch to your face. Your best course of action would probably be to 3 - The relative positional zone of the greatest tactical advantage in combat is: Give the suspect specific instructions for compliance - 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: Reasonable officer standards - According to Graham v. Connor, officers must utilize force in accordance with the Nonverbal cues - According to kinesics studies conducted by professor Ray L. Bird whistle, when an officer makes contact, 90% of the communication that takes place between the officer and the subject is composed of: P a g e 15 | 19 Stationary positioning and tactically correct movement - 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: 4 to 6 ft. - When making a contact, the recommended minimum distance that should be established between the officer and the subject Contacted is: 8 to 10 ft. - During a misdemeanor arrest, prior to handcuff application, the proper distance to be maintained between the officer and the Subject contacted is: 22 - Oklahoma state statute deals with the issue of excessive force by Oklahoma peace officers title ___________ section 34.1 and 34.2: Newly employed officers during probationary period - 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: Handcuffing procedure - Statistically, the most dangerous part of the arrest process when the subject will most likely attack or resist the officer is during the: True - Minimum force requirements means, the minimum (appropriate) amount of force used based on the level or degree of resistance being offered by the suspect. 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?!] - What does defending against aggression vs. aggressor do for the police officer? 3 to 7 seconds - 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; A misdemeanor arrest with the suspect's hands clearly visible. - In order to perform a vehicle extraction upon a motorist who refuses to exit vehicle, an officer should have: 3 &4 - Which 2 tactical baton presentations are considered "low profile"? One - While conducting a contact, officers should approach and attempt to maintain a relative position to the suspect zone: P a g e 16 | 19 Direct, uninterrupted stare - According to kinesics research, the most dangerous form of eye contact that indicates aggression and the possibility of imminent attack is a: Re-attack - 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: Hips - In order to maximize power generation when striking; strong coordination, and balance rotation of the _____ is/are necessary: True - 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. No violation of the law, the fault lies with the officer - 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 ______? Stop, check for injuries, then request the station to assign another unit to the primary call - 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 Render aid to the victim - Upon arriving at an accident scene, and properly positioning the police vehicle, the officer's first priority would be to_____? Inventoried - All impounded vehicles or other vehicles, whether it be for safeguarding or accident victims or other lawful reasons should be? True - The three Cs of survival are courage, confidence and cognitive skills? Incest Burglary - What 2 major crimes are not defined in title 18 (Indian county law)? Assimilative Crimes Act - What is applied through the Indian Country Crimes Act when there is no Indian law for the violation, so state statue may be used instead? True - The Indian Country Crimes Act, Assimilative Crimes Act, and Major Crimes Act are all federal statutes? True - Indian country is land within limits of Indian reservation, allotted land, and trust land that contains dependent Indian communities? A locked car door is _________ stronger than an unlocked door. - 10xs Stronger P a g e 17 | 19