Practice RBC 1 (examples) 89 Questions with Verified Solutions-Graded A+, Exams of Laboratory Practices and Management

Download Practice RBC 1 (examples) 89 Questions with Verified Solutions-Graded A+ and more Exams Laboratory Practices and Management in PDF only on Docsity! Practice RBC 1 (examples) 89 Questions with Verified Solutions- Graded A+ A man went to the home of his estranged wife to discuss a problem they were having over their property settlement. An argument broke out and the man slapped his wife and then told her he would come back and "really beat you up" if she reported the incident to the local law enforcement. What crime, if any, was committed? - Correct answer Intimidating Witnesses or Victims - Felony At a trial for embezzlement, Bill testified against the Defendant, his former business partner. Two days later, while the jury was deliberating, Bill received a letter from the defendant stating "you'll be sorry for what you did." The letter also stated that the business they had formerly owned together would be "torched." What crime, if any, was committed? - Correct answer Threats of Retaliation - Felony An officer arrived at the home of a woman who had reported a prowler. The officer found a man in the backyard of the home but the man claimed that he lived there. The woman identified the man as her former business partner and showed the officer a valid Temporary Restraining Order which forbade the man from coming within 100 feet of the woman. Upon questioning, the man admitted that he had been properly served with the order one week prior to the incident. What crime, if any, should the officer charge him with? - Correct answer violating a Court Order - Mids. A man was being arrested for stealing a bicycle that had been locked up in front of a convenience store. While being handcuffed, he broke free from the peace officer's grip and ran away. The officer eventually subdued the man. Along with the original crime, the man committed what crime? - Correct answer resisting a peace officer - miss And Attempting to escape, or escaping from the custody - Mids. During a trial, the judge decided to adjourn the court proceeding for a lunch break. The judge ordered the officer witness who had been testifying to return after lunch for examination by the defense attorney. The officer witness failed to return. Did the officer commit a crime? - Correct answer Yes = Violating a Court Order - Mids. P a g e 1 | 16 A man was distraught by what he felt were false charges brought against his son. He contacted the assistant district attorney in charge of the case and threatened to harm the attorney's son if the charges were not dropped. The attorney was not influenced by the threat. What crime, if any, was committed? - Correct answer attempting to deter an executive officer from the performance of his duties - Felony (Obstructing or resisting an Executive Officer) A college mathematics instructor found a note on his windshield stating that he would be sorry if he didn't give a passing grade to a particular athlete on the school's football team. Although the instructor ignored the first note, he took the second note seriously when he found it taped to a broken window of his home. An officer questioned the athlete mentioned in the notes and the athlete admitted that he had written the notes himself. Along with the crime involving the destruction of property, was another crime committed? - Correct answer Yes = threatening public officers, employees, or school officials. - Felony Two officers detained a man to question him regarding an assault. As one of the officers turned to talk to his partner, the man reached for the officer's firearm and was able to pull it from the officer's holster before the officer could take action. The officer's partner grabbed the man's hand and gained control before the man could use the firearm against the officers. What crime was committed? - Correct answer taking an officer's firearm - Felony During a struggle to subdue a suspect, an officer's firearm fell from the officer's holster. The suspect kicked the firearm away from the officer and then attempted to pick it up. Another officer was able to intercede and prevent the suspect from reaching the firearm. What crime did the suspect commit? - Correct answer attempting to remove a firearm from an officer - Felony A peace officer attempted to use pepper spray to subdue a belligerent suspect. In the course of the officer's actions, the suspect grabbed the can of pepper spray from the officer's hand. The officer was able to physically subdue the suspect before he could use the spray on him. By taking the officer's chemical weapon, the suspect was guilty of the crime of removing or taking any weapon other than a firearm from an officer. True or False? - Correct answer True - Felony Two officers arrest three men for assault. One of the officers handcuffed the first man and placed him in the patrol vehicle. While that officer rejoined her partner to deal with the remaining prisoners, the first man kicked out the window of the patrol car, climbed out, and ran. P a g e 2 | 16 At Brian's request, Julia obtained a motel room for use by Brian and an underage girl, knowing that Brian planned to have sexual intercourse with the girl. Julia took Brian and the girl to the room and returned to waken them at a prearranged time. Who would be the principal(s) of this crime? - Correct answer Both Brian and Julia have committed unlawful sexual intercourse. Even though Julia did not commit the offense herself, she aided and abetted Brian in the commission of an illegal act. A man enters a bank and gives the teller a demand note. The teller pretends to faint and the man runs from the bank. Did the man commit robbery? - Correct answer No, the crime is not complete because he did not get the money. (He committed attempted Robbery) Brian and Ken planned to rob a bank. They decided that Brian would drive the getaway car, and Ken would run into the bank and steal the money. They successfully robbed the bank and drove off with the stolen money. Who would be the principal(s) of this crime? - Correct answer Both Brian and Ken are principals to the robbery, and they are equally culpable for the charge of robbery. A crowd of gang members attacked a member of a rival gang. The victim was knocked to the ground and kicked repeatedly in the head with heavy boots. The victim died from severe head trauma. Only the gang member that killed the rival gang member is guilty of murder. True or False - Correct answer False - Each of the participants in the assault is a principal to murder. It makes no difference which gang member struck the killing blow since each of them is liable for the natural and foreseeable consequences of the brutal attack. Julia accidentally picked up someone else's coat when she quickly left a meeting. Julia is able to show that she intended to leave with her own very similar coat. Julia returned the coat. What crime, if any, occurred? - Correct answer none - Julia has not committed a crime; she has made a mistake. An adult male held to answer for unlawful sexual intercourse with a minor female presented evidence that he had a good faith, reasonable belief based on the girl's appearance, actions, and representations that she was 18 years old and a voluntary participant in the act. Is the male still guilty? - Correct answer No - there is no criminal intent because the defendant reasonably believed that the female had reached the age of consent P a g e 5 | 16 A sober person driving a vehicle in good mechanical condition was traveling within the posted speed limit on a dry, clear day. Without warning, a pedestrian darted out from behind a parked car in the middle of the block and into the path of the vehicle. The car struck and injured the pedestrian. What crime, if any, did the driver commit? - Correct answer none - The injury was unintentional with no evil design (intent) on the part of the driver A woman, defending herself against an unprovoked attack, punched her assailant in the head. The blow caused the assailant to fall onto a sharp object, resulting in the assailant's death. The woman committed murder. True or False? - Correct answer False - The woman did not have criminal intent, Therefore, did not commit a crime. Upon approaching a convenience store late at night, Frank was stopped in the parking lot by a man with a gun. The man gave Frank an unloaded pistol and ordered him to rob the convenience store. The man tells Frank that he would be watching him through the window and would "cap him" if he didn't rob the store. Frank robbed the store and gave the gunman the proceeds. Frank is not guilty of armed robbery. True or False? - Correct answer True - Frank has acted under threat or menace and lacks the criminal intent necessary for him to be guilty of a crime. While Keith and Don were committing a burglary, Keith forced Don to kill the store clerk. Don is not guilty of Murder. True or False? - Correct answer False - Don is not eligible to claim threat or menace because the act of participating in the burglary itself included the possibility of being forced to commit a greater crime. An officer arrests a suspect for burglary. After the officer read the arrestee his Miranda rights, the arrestee waives his rights and agrees to answer questions. During questioning the arrestee confesses to the crime. If challenged in court the confession will not be suppressed because the officer obtained a knowing, voluntary waiver of the arrestee's 5th Amendment Right against self- incrimination before obtaining the confession. True or False? - Correct answer True An officer arrests a subject for burglary. Before reading the arrestee his Miranda Rights, the officer questions him about the crime and the arrestee confesses. Did the Officer act appropriately? - Correct answer no - The confession will be suppressed in court because the officer cannot show that the arrestee knowingly, voluntarily and intelligently waived his 5th Amendment Right against self-incrimination. P a g e 6 | 16 A peace officer suspects an individual of possessing a controlled substance but does not have enough information to legally detain him. The officer approaches the person and asks if he would be willing to answer a few questions. What kind of contact is this? - Correct answer Consensual Late one evening, an officer observed someone sitting alone in a parked car in the empty parking lot of a closed business. Wishing to investigate, the officer drove up to the parked car. He turned on his emergency lights to identify himself as a peace officer. Did the Officer act appropriately? - Correct answer no - the officer's red light means "Stop," this was an illegal detention. Officers saw two men walk past each other in an alley in an area with a lot of drug-trafficking. They believed the men would have met each other if the officers had not been there. This "looked suspicious" to the officers, so they contacted one of the men and asked for identification. When he refused, they ordered him to stay and investigated further. Was this a legal detention? - Correct answer no - Refusal to cooperate, by itself, is not reason enough to detain, so the detention was illegal. An officer made a vehicle stop for weaving within the lane. The officer determined that the driver was weaving because she spilled coffee in her lap. Was this a legal detention? - Correct answer yes - based on reasonable suspicion of a reckless driving violation. While assigned to night foot patrol, a uniformed officer observed a man walking by a closed jewelry store. The man walked back and forth, looking at all corners of the window, as well as at the alarm box on the wall. The officer had been informed that there had been several "smash- and-grab" burglaries in the area. The officer approached the man and asked for identification. The man started to walk away without answering. The officer stepped in front of the man to prevent him from leaving the area. What kind of stop is this? Is it legal? - Correct answer this is a legal detention A traffic stop, originally based on an excessively loud muffler, was prolonged to ascertain positive identification and vehicle ownership when the driver did not have a license, the car was not registered to any of the three male occupants, and the occupants gave conflicting answers to questions. Did the officer act appropriately? - Correct answer yes P a g e 7 | 16 Was the confession valid? - Correct answer no - The waiver was invalid since it resulted from improper coercion, threats, and promises of leniency. An armed person, who had been apprehended Inside a busy supermarket and had apparently discarded his gun somewhere in the store, was asked where the gun was located. Does he need to be Mirandize first? - Correct answer no - emergency (threat to further life) A live-in housekeeper gives consent for peace officers to enter and search for illegal weapons in the residence where she works. Can the housekeeper later challenge the legality of the search? - Correct answer yes - The homeowner has given the housekeeper authority over the residence; therefore, the housekeeper has standing to challenge the legality of the consent search later in court. A male defendant contests the search of his tool box that he had locked and placed in a friend's garage. Does he have standing? - Correct answer yes - By locking the tool box, the owner demonstrated an expected level of privacy over its contents. Only the owner of the tool box, not the friend who owned the garage, would have standing to challenge the legality of the search of the tool box. An officer found out that a man bought 400 pounds of iodine chips under an assumed name and took it to a remote location. Even though the man's behavior was legal, the officer's training and experience investigating clandestine drug labs led the officer to reason that there was a fair probability that evidence of illegal methamphetamine manufacturing would be discovered at that location. The officer doesn't have enough probable cause to get a search warrant. True or false - Correct answer False Undercover officers arranged to purchase a kilo of cocaine. The seller, after showing a sample and seeing the money, drove to his supplier's residence a few miles away, obtained the cocaine, returned to the officers, made the sale, and was arrested. Other officers, who followed the seller and kept the supplier's residence under surveillance, entered and secured the residence pending procurement of a search warrant. Did the officers act appropriately? - Correct answer Yes - exigency to preserve evidence A male suspect was working with a female suspect selling drugs from the woman's residence. A few blocks from the woman's house, in public and in P a g e 10 | 16 Front of onlookers, police stopped the male suspect and arrested him with drugs he had admittedly obtained from his female partner. The officers had reason to believe that the female partner might learn of the arrest or become suspicious when the male suspect did not return as scheduled. Are the circumstances sufficient for exigency? - Correct answer yes - The circumstances were sufficient to justify entering and securing the residence while waiting for a search warrant. Officers went to a motel room with a warrant to search the building for illegal drugs. After complying with initial knock and notice requirements and while waiting for a response from the occupants, officers heard muffled voices and the sound of a toilet flushing twice. What kind of exigency do they have? - Correct answer Destruction of evidence Officers were sent to an apartment with a warrant to search for illegal weapons. The resident of the apartment had been arrested in the past by the same officers for armed robbery. The officers had specific reasons to believe the suspect was currently armed and would flee if given the opportunity. For reasons of officer safety and to prevent escape, the officers announced their presence but entered without waiting for a response. Did the officers act appropriately, why? - Correct answer yes - harm to officers if the suspect had time to arm themself. A search warrant authorized the search of a residence for heroin and indications of ownership and identification. Where can peace officers search? - Correct answer any place that might contain these items, including any closed containers. A search warrant authorized the search for a particular suspect in the home of his ex-wife. Can Officers search any container at the residence? - Correct answer no, only containers the man could hide in. During a warrant search for narcotics, officers found a sawed-off shotgun in the trunk of the suspect's car. The officers cannot seize the shotgun because it wasn't listed on the search warrant. True or False? - Correct answer False - anything illegal found while legally searching can be seized. While searching a suspect's residence on a murder case, officers seized a pair of shoes with a "waffle-like" pattern on the soles even though the shoes were not described in the search warrant. One of the officers had personal knowledge that waffle-like shoeprints were left at the scene of the crime by the suspect. P a g e 11 | 16 Did the officer act appropriately? - Correct answer yes - other evidence not listed can be collected Stereo speakers, matching the description of a stolen item, were left on the back seat of a vehicle that was parked in a lot open to general pedestrian traffic. Why can the officer legally see the speakers? - Correct answer Plain view searches An officer responding to a burglary call talked to a neighbor who said two teenagers had just fled with a TV. While investigating, the officer found an open window on the property with a box on the ground beneath it containing a TV. The officer entered the property to see if any burglars or victims might still be inside. Once inside, the officer found a clandestine drug lab in plain view. Is entry, observation, and seizure of the lab legal? - Correct answer Yes - exigent circumstances An officer was in a hotel room questioning a female companion of a man who had been arrested for armed robbery earlier that day. In the course of the questioning, the woman grabbed her make-up bag from a nearby dresser. Because it was reasonable to suspect that the woman might be reaching for a weapon, the officer seized the bag. The officer realized the bag was heavy and large enough to potentially contain a weapon The officer cannot search the bag. True or False? - Correct answer False While on routine patrol one morning, two officers spotted a young man looking into parked cars in an alley where there had been earlier complaints of vehicle tampering. As the officers drove by slowly, the man tried to hide behind a dumpster. When the officers approached him, the man became nervous, boisterous, and antagonistic. Can the officers legally pat the man down? - Correct answer yes - reasonable suspicion he has a weapon based on actions and suspected crime. While questioning a man in his driveway, officers asked if they could look through the trunk of his vehicle. The man shrugged his shoulders and handed the officers the keys to the car's trunk. What type of consent is this? - Correct answer Implied Consent A college student who attended classes in the nearby university lived in the basement area of his parents' residence. His parents offered the area to him without rent to help offset the cost of tuition. His mother, who cleaned the area for her son and otherwise passed freely through the area to get to the laundry facilities, consented to a peace officer's request to enter the son's living space to search for stolen computer equipment. P a g e 12 | 16 witness, within 20 minutes, to the suspect's motel, and the witness confirmed the identity of the suspect. What just took place? - Correct answer a field show up. A neighbor called the police to report that there seemed to be suspicious activity in the house next door; the owner is known to be away on vacation. A burglar, surprised by a peace officer entering the room, Shot at the officer and missed. After missing the officer, the burglar threw his weapon down and surrendered to the officer. Can the officers still use deadly force? - Correct answer no - The officer was no longer in imminent danger of being seriously injured or killed and no longer had the authority to use deadly force. The burglar should be apprehended through other means. A peace officer got out of the patrol car to question a man loitering on a street corner. The subject, using only his fists, attacked the officer. The attack was of such force and violence to cause the officer to reasonably believe there was danger of being seriously injured. Provided that all other reasonable means of self-defense had been exhausted or would have been ineffective, the officer would have had the authority to use deadly force in self-defense. True or False? - Correct answer True Two officers were dispatched to a convenience store where a silent alarm was tripped. An armed male subject saw the official patrol vehicle and fled. The officers saw that the store clerk had been shot but was still alive and gesturing toward the fleeing subject. The officers realized that the subject was trying to escape and they had seen that he had a gun. Can the officers use deadly force to prevent escape? - Correct answer yes - the subject used a firearm to commit the crime and threatened other lives if he escaped An officer in a patrol vehicle witnessed a drug transaction taking place on a sidewalk near a group of juveniles. Seeing the officer leave the vehicle and move toward him, the suspected dealer fled down the street. The dealer entered a large building to escape. The officer drew his firearm, shot and killed the fleeing subject. The officer was justified based on the fleeing felon rule. True or False? - Correct answer False - Even though the offense witnessed by the officer was a felony, the crime did not involve the use or threatened use of force likely to produce death or serious bodily injury. During a riot, an officer witnessed two men shoplifting from a store in the area. When the men fled the scene, the officer drew his firearm and ordered the men to stop. They ignored the officer's commands. The officer fired at the fleeing subjects and fatally shot one. P a g e 15 | 16 Did the officer act appropriately? - Correct answer no - Since the offense witnessed by the officer was a misdemeanor and non-violent P a g e 16 | 16