Legal Guidelines

Question 1

WEAPONS IN VEHICLES

A person —— year of age or older may posses a concealed firearm within the interior of a private conveyance without a concealed weapons permit if the firearm is ——- ——- or other wise not readily available for immediate use.

Answer 1

18 years

Securely encased

Question 2

TRESPASS

How long is a trespass after warning good for?

Answer 2

Four months

Anything longer may not hold up in court Melton v state

Question 3

RENTALS

Can I search a motor vehicle without consent or probable cause if the motor vehicle is a rental car and the sole occupant driver is not on the rental agreement.

Answer 3

NO

Byrd v US

Question 4

ARREST

The apprehension or taking into custody of an alleged offender in order that he may be brought into the proper court to answer for a crime.

Answer 4

Gustafson v State

Question 5

ARREST

The elements of arrest , purpose and intention, actual or constructive seizure, communication by arresting officer, the understanding of person whose arrest is sought.

Answer 5

Clark v state

Question 6

An arrest is not complete until it has been communicated to the person being arrested.

Answer 6

Chaney v state

Question 7

Failure to appear in court for misdemeanors are called———-.

Answer 7

Bench warrants

Question 8

Failure to appear in court for felonies are called ———.

Answer 8

Alias Capias

Question 9

Failure to appear in court for juveniles are called ——-.

Answer 9

Pick up orders

Question 10

Probable cause for an arrest exists where the facts and circumstances within their knowledge and of which they had reasonable trustworthy information are sufficient in themselves to warrant a man of reasonable caution in the belief that an offense has been or is being committed.

Answer 10

Jenkins v state

Question 11

These factors establishing probable cause are the most important because these factors must establish probable cause prior to making the formal arrest.

Answer 11

Pre arrest factors

Question 12

A bondsman also referred to as a ——- is legally considered to have custody of defendant who has been released from law enforcement custody on bail.

Answer 12

Surety

Question 13

Is a principle of international law by which certain foreign government officials are not subject to jurisdiction of local courts and other authorities for both their official and to a large extent, personal activities.

Answer 13

Diplomatic immunity

Question 14

Highest level of privileges and immunities. May not be handcuff, arrested or detained and neither property nor residence searched. Family has same privileges .

Answer 14

Diplomatic agents

Question 15

They have the same privileges as diplomatic agents.

Answer 15

Members of administrative and technical staff

Question 16

Only have official acts of immunity. Family had no privileges.

Answer 16

Members of Service staff

Question 17

Only have official acts of functional immunity in respect of both criminal and civil matters, and their personal inviolability is quite limited. May be arrested or detained pending trial only if offense is a felony. Can also be prosecuted for misdemeanors.

Answer 17

Counselor officers

Question 18

Why are the three types of identification cars issued by the US Department of State?

Answer 18

Diplomatic-blue border
Official- green border
Consular- red border

Question 19

To prove the state must show defendant loitered or prowled in a place at a time or manner not usual for law abiding individuals and such loitering were under circumstances that warrant a justifiable and reasonable alarm or immediate concern for safety of persons and property.

Answer 19

D.J.E v State

Question 20

The alarm is presumed if the defendant flees, conceals himself or an object or refuses to identify himself when law enforcement appears. The defendant must engage in unusual and suspicious criminal conduct which comes close to but falls short of actual commission or attempted commission of a substantive crime.

Answer 20

B.J v State

Question 21

To prove first element the state must establish that the defendant engaged in incipient criminal behavior which law abiding people do not usually engage in due to the time place, or manner of conduct involved.

Answer 21

E.C v State

Question 22

A mere vaguely suspicious presence is insufficient to satisfy this element.

Answer 22

E.F v State

Question 23

The failure to provide identification or an explanation to police are not elements of L and P.

Answer 23

W.D v State

Question 24

As established by law Miranda warnings must be given prior to any questions being asked which would dispel the officer’s alarm as the questioning would be considered custodial.

Answer 24

Driscoll v State

Question 25

Body worn camera records must be retained for a period of ——- days.

Answer 25

90

Question 26

When a cell phone connects to a cell site for signal to make or receive calls or test message it generates a time stamp called —————.

Answer 26

CSLI - cell site location information

Question 27

An officer may not enforce a court order issued by another state or jurisdiction unless the court order has been —————- and a ———— issued by a court in jurisdiction.

Answer 27

Domesticated

Break order

Question 28

If respondent is refusing to release custody of a child pursuant to court order, the office must have this in order to enter a structure to enforce court order.

Answer 28

Break order

Question 29

Who is in charge of a precinct?

Answer 29

Precinct Clerk

Question 30

How far from the polling place must people who are soliciting remain?

Answer 30

150 ft

Question 31

Does a poll deputy have arrest powers?

Answer 31

No, so let to maintain order at the polls.

Question 32

This act states that the handling, preparation, and ritual slaughter of livestock is not a crime.

Answer 32

Humane slaughter Act

Question 33

Hemp
Officers should not make a probable cause arrest for a cannabis related offense until there is a certified lab or field test result showing that the substance has a THC level higher than ____.

Answer 33

0.3

Question 34

Generally occurs within a few hours after the offense, based on the rationale that an immediate confrontations permits the police to determine whether they have the actual offender and if not to continue their search for him and promptly release the innocent person.

Answer 34

Confrontation

Question 35

It is suggested that, in vast majority of cases the observation of the suspect should not be conducted more that four hours after the crime occurred.

Answer 35

Time constraint

Question 36

When conducting this advise the suspect of his right to counsel, if necessary. Do not proceed until the suspect has either intelligently waived his right to counsel or has counsel present. The Supreme Court has ruled that a post indictment ———— is a “critical stage” in criminal proceedings that necessitates the presence of counsel on the defendant’s behalf.

Answer 36

Lineups

Question 37

A suspect has no right to counsel at a ——————- regardless of whether the display is conducted prior to indictment or post indictment.

Answer 37

Photographic display

Question 38

This encounter involves only minimal police contact, and during this encounter a citizen may either voluntarily comply with police officers request or choose to ignore them.

Answer 38

Consensual encounter or a police citizen encounter

Question 39

During this stop an officer may reasonably detain a citizen temporarily if the officer has a reasonable suspicion that the person has committed, is committing or is about to commit a crime.

Answer 39

Investigatory stop or Terry stop

Question 40

Involves the general rule that—————- seizures are reasonable only based on probable cause to believe that the individual has committed a crime.

Answer 40

Fourth Amendment

Question 41

Under law self help repossessions are lawful if they can be accomplished without————

Answer 41

A breach of the peace

Question 42

Risk protection orders can restrict an individual access to their firearms for period between ———days up to ——- months.

Answer 42

14 days

12 months

Question 43

A receipt identifying all firearms must be given to the respondent and within _______ hours the officer serving the order shall file the original receipt with the court.

Answer 43

72 hours