Law Test 3 Flashcards
(42 cards)
You are patrolling South Limestone at 2 A.M. and observe a crowd gathering outside of a bar. You decide to investigate and observe two male subjects yelling obscenities at each other, as well as pushing and shoving each other in the middle of the crowd. You and your beat partner intervene and separate the two. Once the situation is under control, you speak to several witnesses, who all explain similar versions of the two individuals fighting and the annoyance and alarm, as well as inconvenience to the patrons of the bar. Neither of the male subjects have injuries. You decide to arrest both subjects. What is the most appropriate charge?
a. Disorderly Conduct 1st
b. Menacing
c. Assault 4th
d. Disorderly Conduct 2nd
d. Disorderly Conduct 2nd
In class you were shown and explained a standard description of articulating the elements when charging and arresting for alcohol intoxication. Write that statement below: (3 pts)
[Subject was in a public place], [manifestly under the influence of alcohol], and was [a danger to himself and others].
An officer arranged to meet a suspect in his home. The officer and her beat partner went to the suspect’s home wearing their police uniform and conducted the interview. They asked questions with the intent to gain information to charge the suspect with a crime. The suspect made several statements which led to the arrest of the suspect. Neither officer provided the Miranda warning to the suspect during the interview. The defense wants to suppress the evidence. Based on this description and what you were taught in class, should the judge throw out the evidence?
Yes / No
No
Choose the word defined in class as: “A statement that helps to prove the guilt of the person making it.”
a. Facilitation
b. Confession
c. Admission
d. Corroboration
c. Admission
For the Miranda warning to be required what two conditions must exist?
When the suspect is in _______, and
The suspect is being _______ by a police officer.
Custody
Interrogated
A seizure occurs when the officer takes the person or property of another into custody.
TRUE / FALSE
TRUE
Choose the description that best describes the concept of being “in Custody” in regards to Interrogation: Whenever a peace officer…
a. … temporarily detains someone for investigative purposes
b. … questions a person with the intent to learn incriminating information
c. … has detained someone and the person knows they are not yet free to leave
d. … seizes a person under circumstances a reasonable person would recognize that their freedom was being deprived similar to conditions of arrest.
d. … seizes a person under circumstances a reasonable person would recognize that their freedom was being deprived similar to conditions of arrest.
A person making a “statement that acknowledges guilt” was defined in class as:
a. An admission
b. A conciliation
c. A corroboration
d. A confession
d. A confession
An officer is conducting a Terry Frisk of a suspect. While frisking the suspect he runs his hand over the suspect’s pocket and feels a small rock sized bulge and hears a plastic baggie crinkle. Based on the officer’s training and experience he immediately recognizes the item to be crack cocaine.
Based on the scenario, may the officer seize it?
YES / NO
YES
An officer is conducting a Terry Frisk of a suspect. While frisking the suspect he runs his hand over the suspect’s pocket and feels a small rock sized bulge and hears a plastic baggie crinkle. Based on the officer’s training and experience he immediately recognizes the item to be crack cocaine.
Based on the scenario above, if at the time the officer patted the item in the pocket the officer was not immediately certain what was felt, may the officer squeeze or manipulate the item to determine if it is contraband?
YES / NO
NO
True or False: Whenever peace officers conduct a Terry Stop, because it is reasonable to believe the suspect is a criminal, officers may automatically conduct a Terry Frisk to ensure officer safety.
TRUE / FALSE
FALSE
True or False: In a “Terry Frisk” of a vehicle when an officer has a reasonable belief that the suspect is dangerous and has weapons in the vehicle, the officer may search the passenger compartment of the vehicle so long as it is limited to areas where a weapon may be hidden.
TRUE / FALSE
TRUE
True or False: After an arrest, peace officers may conduct a search of the person’s outer layer of clothing and any other location the person may easily get access too while on the way to the jail. Only once arriving at the jail may the person be searched more fully.
TRUE / FALSE
FALSE
Fill in the blanks to complete the four elements of the Plain View Doctrine:
If an officer is where he/she has a ________ right to be, and
Sees, in ____ VIEW,
__________ of a crime,
He/she may __________it.
LEGAL
PLAIN VIEW
EVIDENCE
SEIZE
List 3 situations explained in class of exigent circumstances that allow a search without a warrant: (3 points)
Incident to Arrest
Vehicle with PC
Enter Premises when in Hot Pursuit
Enter Premises to protect life or health
Enter Premises to protect evidence
Fill in the blank to make the statement true:
In class it was taught that whenever an officer is faced with a situation dealing with search and seizure, whenever practical, the officer should obtain a ___________.
SEARCH WARRANT
Fill in the blanks to make the statement true: (2pts)
As discussed in class, interrogation was defined as when _______ or other conduct done by law enforcement for the purpose of eliciting a(n) ______ response from a suspect.
questioning
incriminating
You observe a subject standing at the corner of two busy roads who is unsteady on her feet and stumbling into traffic. When speaking with the subject she admits to recently using “Ren” with slurred speech. You recall that “Ren” is a street term for synthetic marijuana. What is the best charge to arrest for?
Public Intoxication
Shannon called for an officer to respond for a report. She tells the officer that she and Tim broke up about a week ago and Tim doesn’t seem to “get it”: Every day since they broke up, Tim has been waiting outside of her house in the morning to watch her leave and follows her as she drives to work. Whenever she goes to her gym, he follows her there and watches her, and then follows her home. After 3 days Shannon confronted him and told him to stop following her and not to contact her anymore. Tim ignored this and continued the same course of conduct. Of the offenses below, what is the most appropriate offense for Shannon’s report?
a. Disorderly Conduct 2nd
b. Harassment
c. Assault 4th Domestic Violence
d. Loitering
b. Harassment
KRS 527.100 makes it illegal for someone under 18 to possess a handgun. In that law there is a list of 7 exceptions. List 3 of those exceptions. (3 points)
-Fire arm instruction or safety course -Practicing or shooting at a legal range
-Competing in a competition/performance
-Hunting legally
-At home and under circumstances of self-defense
-Traveling to and from authorized uses
-On property when supervised by and adult and with permission of their guardian
True or False: Ordinary traffic stops are considered custodial because the driver is not free to leave and therefore the Miranda Warning is required before asking the driver any incriminating questions.
TRUE / FALSE
FALSE
Write the definition of a Terry Stop.
[A temporary seizure of a person] [to investigate the officer’s reasonable suspicion] [that a person is involved in criminal activity] [and is about to commit, is committing, or just committed a crime.] [You may not frisk, pat, or search without consent.]
KRS 237.110 has a list of locations where someone who may otherwise legally carry a concealed deadly weapon is restricted from carrying one.
-Police/Sheriff station
-Jail/prison
-Courthouse
-Bars
-School
-Daycare
-Government Meetings
-Airport beyond security
-Locations restricted by federal law
-Private property where prohibited
Under what circumstances does the US Supreme Court recognize as a situation that law enforcement may lawfully search the interior of a vehicle with less than a probable cause belief evidence may be inside?
a. Consent from a person who has dominion and control of the vehicle at the time of the search.
b. The vehicle is parked in a mall parking lot.
c. When a person who was just in the vehicle is arrested, and there is a reasonable belief there is evidence of the crime arrested for.
d. The registered owner of the vehicle has an outstanding arrest warrant for a felony offense.
e. The vehicle is in a public place and left unsecured (Examples: unlocked or windows down).
a. Consent from a person who has dominion and control of the vehicle at the time of the search.
c. When a person who was just in the vehicle is arrested, and there is a reasonable belief there is evidence of the crime arrested for.
