MidtermTestReview(0-PreAcademyTest)

Question 1

1 - If a minor is charged with a status offense, which type of court will the juvenile case be heard?

Answer 1

Magistrate Court

Question 2

2 - During a temporary detention between an officer and citizen, the required burden of proof under the 4 th

Amendment is:

Answer 2

Reasonable Suspicion

Question 3

3 - In relation to “discretion” in charging, which of the following statements is TRUE:

A. The judge decides if to charge, who to charge and what to charge

B. The prosecutor decides if to charge, who to charge and what to charge.

C. The legislature decides if to charge, who to charge and what to charge.

D. None of the above are true

Answer 3

B. The prosecutor decides if to charge, who to charge and what to charge.

Question 4

4 - The general punishment for a misdemeanor, unless otherwise stated in the specific statute, is a maximum punishment of:

Answer 4

6 months in the county jail and/or fine of $1,000.

Question 5

5 - Which of the following is NOT a person involved at or before the commission of a felony?

A. Accessory
B. Aider
C. Abettor
D. Principle

Answer 5

A. Accessory

Question 6

6 - This Amendment to the U.S. Constitution gives the people the right to be secure in their persons, houses, papers and effects

against unreasonable searches and seizures.

A. First Amendment
B. Fifth Amendment
C. Eighth Amendment
D. None of the Above

Answer 6

D. None of the Above

Question 7

7 - What is the burden of proof at an infraction trial?

Answer 7

Beyond a Reasonable Doubt

Question 8

8 - As a means for preparing for court, a police officer should do which of the following:

A. Avoid reviewing any audio/video to ensure you testify from memory

B. Review your report after testifying to make sure you didn’t leave anything out

C. Contact the prosecutor prior to testifying regarding any questions or concerns

D. All of the above

Answer 8

C. Contact the prosecutor prior to testifying regarding any questions or concerns

Question 9

9 - When an officer arrests a citizen, the required burden of proof under the 4 the Amendment is:

A. Reasonable Suspicion

B. Probable Cause

C. Beyond a Reasonable Doubt

D. None of the above - 4th amendment does not apply

Answer 9

B. Probable Cause

Question 10

10 - A Miranda warning is required when:

A. The suspect in detained and will be interrogated about a crime

B. The suspect is being questioned by the police

C. The suspect is in custody and being questioned by an officer

D. All of the above are correct

Answer 10

C. The suspect is in custody and being questioned by an officer

Question 11

11 - Which of the following is a right under the 5 th

Amendment to the U.S. Constitution:

A. Right to Bail

B. Right to one phone call

C. Right to Counsel

D. All of the above

Answer 11

C. Right to Counsel

Question 12

12 - Which of the following is TRUE regarding the definition of “crime” as found in the Idaho Code?

A. An act committed but not omitted in violation of a law forbidding it.

B. A civil public offense committed in violation of a law commanding it.

C. An act or omission not in violation of a law forbidding or commanding it.

D. None of the above is True.

Answer 12

D. None of the above is True.

Question 13

13 - The 4 th

Amendment equivalent in the Idaho Constitution is found in:

Answer 13

Article 1 Section 17

Question 14

14 - What landmark decision abolished the “Silver Platter Doctrine” and made the Exclusionary Rule applicable to State

government actors?

A. Terry v. Ohio

B. Mapp v. Ohio

C. Miranda v. Arizona

D. None of the above

Answer 14

B. Mapp v. Ohio

Question 15

15 - Which of the following is an example of “Open View” where the 4 th Amendment does NOT apply:

A. Officer standing on front porch of your home looking through a door window.

B. Officer hiding behind tree in city park viewing drugs being sold near the swings.

C. Officer executing a search warrant for grand pianos but the room also contains stolen guitars.

D. None of the above would be considered “Open View.”

Answer 15

B. Officer hiding behind tree in city park viewing drugs being sold near the swings.

Question 16

16 - Examples of circumstances that might indicate a seizure include:

A. Using your patrol car’s hazard lights.

B. Telling him he is free to leave.

C. Standing in the doorway of the interview room.

D. All of the above

Answer 16

C. Standing in the doorway of the interview room.

Question 17

17 - Which of the following statements is TRUE?

A. A defendant has a constitutional right to a jury trial in infractions cases.

B. The right against self-incrimination is a result of the 5th Amendment.

C. Probable cause is required to make a traffic stop.

D. All of the above are True.

Answer 17

B. The right against self-incrimination is a result of the 5th Amendment.

Question 18

18 - Chip has no idea Dale stole a bag of acorns from Mickey’s house, but he is more than happy to help Dale hide them. Chip is

a(n):

A. Aider

B. Accomplice

C. Accessory

D. Abettor

Answer 18

C. Accessory

Question 19

19 - Defined as: More than a mere hunch, speculation, or guess that the suspect has committed, is committing or is about to commit a

crime.

Answer 19

Reasonable Suspicion

Question 20

20 - A felony preliminary hearing occurs in which court?

Answer 20

Magistrate Court

Question 21

21 - Chimel v. California was the landmark decision introducing this 4 th Amendment exception:

A. Search of the lunge area

B. The Vehicle Frisk

C. Fruit of the poisinous tree

D. None of the above

Answer 21

A. Search of the lunge area

Question 22

22 - An officer may not make an arrest for:

A. Robbery committed outside of the officer’s presence

B. Misdemeanor domestic violence committed in the officer’s presence

C. A speeding violation committed in the officer’s presence

D. Both A & C

Answer 22

D. Both A & C

Question 23

23 - The Five basic elements of every crime are:

A. Who, What, When, Where and Why

B. Name, date, location, act and intent

C. Identity, jurisdiction, act, intent, and damages

D. None of the above

Answer 23

B. Name, date, location, act and intent

Question 24

24 - Appeals from the magistrate court are sent to:

A. Idaho Supreme Court

B. Court of Appeals

C. District Court

D. None of the above

Answer 24

C. District Court

Question 25

#25 - Which landmark decision required officer’s to now inform a citizen in custody of his or her 5th Amendment Rights? A. Miranda v. Arizona B. U.S. v. Weeks C. Terry v. Ohio D. Silverthorne Lumber Co. v. U.S.

Answer 25

A. Miranda v. Arizona