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CLEET Final Exam – Questions With A+ Solutions
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CLEET Final Exam – Questions With A+ Solutions
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CLEET Final Exam – Questions With A+ SolutionsIntersections Right 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 _____. Right Ans - under the Fourth Amendment - subject only
to a few specifically established and well-delineated exceptions
Hearsay is _____ Right Ans - Second hand information
Which class of person may not be permitted to testify as "lay" (non-expert)
witnesses? Right 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 _____
Right Ans - the District Attorney may file a Motion to Revoke
What are the three primary factors that influence criminal jurisdiction in
Indian country? Right 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? Right 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 Right 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. Right Ans - Assimilative Crimes Act
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? Right 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? Right 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 ____ Right 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
Right 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 _____ Right 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 ____ Right
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 _____ Right 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 _____ Right Ans - Could
To impeach the witness because preventing perjury is so important
In Mapp v. Ohio, the evidence was suppressed because _____ Right 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 _____ Right 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 _____ Right Ans - An attorney
Custodially interrogated
Who can issue a Search Warrant? Right Ans - The Judge of a Court having
jurisdiction
For evidence to be admissible it must be relevant, _____ Right Ans - Material,
and
Competent
The exception to the hearsay rule that allows the jury to hear a statement
made while the declarant was still under the stress caused by the crime is
commonly known as the _____ Right Ans - "Excited utterance" exception
If at the end of a trial the jury entertains a reasonable doubt as to whether the
State has proven the elements of the crime, they _____ Right Ans - Should
acquit
When the court accepts a fact as true, because it cannot be seriously disputed,
that is known as Right Ans - Judicial notice
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