Searches and seizures conducted outside the judicial process, without prior approval by a neutral and detached judge or magistrate, are "per se" unreasonable_______. - ANSWERunder the Fourth Amendment - subject only to a few specifically established and well-delineated exceptions
Hearsay is ____...
Searches and seizures conducted outside the judicial process, without prior approval by a neutral
and detached judge or magistrate, are "per se" unreasonable_______. - ANSWERunder the Fourth
Amendment - subject only to a few specifically established and well-delineated exceptions
Hearsay is _____. - ANSWERsecond hand information.
Which class of person may not be permitted to testify as "lay" (non-expert) witnesses? -
ANSWERPersons who have no knowledge of the facts of the case
What is an Indian country as defined by 18 US Code § 1151? - ANSWERwithin the limits of any Indian
reservation under the jurisdiction of the U.S. 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? - ANSWERIndian Country Crimes Act, Major Crimes Act, and
Assimilative Crimes Act
If a person has been convicted and placed on a suspended sentence, and that person then commits
another crime while still on probation, then - ANSWERThe District Attorney may file a Motion to
Revoke
What are the three primary factors that influence criminal jurisdiction in Indian country? -
ANSWERimpact of sovereign status, Plenary Power of Congress, and U.S. Supreme Court
interpretations of Indian law
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. - ANSWERAssimilative Crimes
Act
William Tomahawks, a non-Indian, commits a burglary on the Muscogee (Creek) Nation property.
How will the elements of the crime be defined, and which guidelines will be used for sanctions if
found guilty? - ANSWEROnly 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 - ANSWERMust 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 the Oklahoma driver's license requirement if
________? - ANSWERhe 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 _____ - ANSWERso 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 - ANSWERthe
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 10:00 pm when the - ANSWERwarrant states it may be
served at any time of day or night
In 1914 the federal case of Weeks v. U.S. established the "exclusionary rule" in Federal Courts. The
ruling means that if a peace officer obtains evidence unlawfully the evidence - ANSWERmay not be
used in court
In the United States Supreme Court Case, U.S. v. Havens, the court held that illegally seized evidence
________ be used in court ____ - ANSWERCould / To impeach the witness because preventing
perjury is so important
In Mapp v. Ohio, the evidence was suppressed because _____ - ANSWERThe 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____ - ANSWERIt will deter peace officers
from illegally seizing evidence, because the officers know the evidence will not be admissible
In Miranda vs. Arizona the court assured a criminal defendant the right to ______ when said
defendant was ________ - ANSWERan attorney/custodially interrogated
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