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CLEET - Final Exam Exam-Questions and Answers
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CLEET - Final Exam Exam-Questions and Answers
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CLEET - Final Exam Exam-Questions and AnswersThe _______ 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. Correct 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? Correct 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? Correct 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 ____ Correct Ans-He has a valid driver's license from his home country in
his immediate possession
, CLEET - Final Exam Exam-Questions and Answers
An affidavit for a search warrant must describe the place to be searched Correct 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 _____ Correct
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 ____ Correct Ans-warrant
states it may be served at any time of day or night
Intersections Correct 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 _____. Correct Ans-
under the Fourth Amendment - subject only to a few specifically established and well-
delineated exceptions
, CLEET - Final Exam Exam-Questions and Answers
Hearsay is _____ Correct Ans-Second hand information
Which class of person may not be permitted to testify as "lay" (non-expert) witnesses?
Correct 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 _____ Correct Ans-the District
Attorney may file a Motion to Revoke
What are the three primary factors that influence criminal jurisdiction in Indian country?
Correct 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? Correct Ans-- Within the
limits of any Indian reservation under the jurisdiction of the US Government
, CLEET - Final Exam Exam-Questions and Answers
- 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 Correct Ans-- Indian Country Crimes Act
- Major Crimes Act
- Assimilative Crimes Act
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 _____
Correct Ans-may not be used in court
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