Tittle 22

Question 1

The proceeding by which a party charged with a public offense is accused and brought to trial and punishment, is known as

Answer 1

§22-10 a criminal action.

Question 2

No person can be subjected to a second prosecution for a public offense for which he has once been prosecuted and duly convicted or acquitted, except as hereinafter provided for new trials.

Answer 2

§22-14 Former jeopardy.

Question 3

Public offenses may be prevented by the intervention of the officers of justice:

Answer 3

1. By requiring security to keep the peace.
2. By forming a police in cities and towns, and by requiring their attendance in exposed places.
3. By suppressing riots

Question 4

Any peace officer, except a newly employed officer during such officer’s probationary period, who, in pursuance of such officer’s law enforcement duties, witnesses another peace officer, in pursuance of such other peace officer’s law enforcement duties in carrying out an arrest of any person, placing any person under detention, taking any person into custody, booking any person, or in the process of crowd control or riot control, use physical force which exceeds the degree of physical force permitted by law or by the policies and guidelines of the law enforcement entity,

Answer 4

shall report such use of excessive force to such officer’s immediate supervisor.

Question 5

“racial profiling”

Answer 5

means the detention, interdiction or other disparate treatment of an individual solely on the basis of the racial or ethnic status of such individual.

Question 6

No officer of any municipal, county or state law enforcement agency shall engage in racial profiling.

Answer 6

22-34.3. A violation of this section shall be a misdemeanor

Question 7

When the officers of justice are authorized to act in the prevention of public offenses, other persons, who, by their command, act in their aid,

Answer 7

§22-35.are justified in so doing

Question 8

An “off-duty” law enforcement officer in official uniform in attendance at a public function, event or assemblage of people shall have

Answer 8

the same powers and obligations as when he is “on-duty”.

Question 9

Each peace officer of this state shall seize any weapon or instrument when such officer has probable cause to believe such weapon or instrument has been used to commit an act of domestic abuse as defined by Section 60.1 of this title, provided an arrest is made, if possible, at the same time

Answer 9

After any such seizure, the District Attorney shall file a notice of seizure and forfeiture as provided in this section within ten (10) days of such seizure, or any weapon or instrument seized pursuant to this section shall be returned to the owner.

Question 10

The warrant must be directed to and executed by a

Answer 10

peace officer.

Question 11

All warrants, except those issued for violation of city ordinances, may be served in

Answer 11

any county in the state; and may be served by any peace officer to whom they may be directed or delivered.

Question 12

An arrest may be either:

Answer 12

1. By a peace officer, under warrant,
2. By a peace officer without a warrant; or,
3. By a private person.

Question 13

If the offense charged is a felony, the arrest may be made on

Answer 13

any day, and at any time of the day or night

Question 14

If it is a misdemeanor, the arrest may be made only during the hours of

Answer 14

six o’clock a.m. to ten o’clock p.m., inclusive, except as otherwise may be directed by the magistrate endorsed upon the warrant. (at home)

Question 15

an arrest on a warrant which charges a misdemeanor offense may be made at any time of the day or night if the defendant is in a

Answer 15

public place or on a public roadway

Question 16

A peace officer may, without a warrant, arrest a person:

Answer 16

1. For a public offense, committed or attempted in the officer’s presence;
2. When the person arrested has committed a felony, although not in the officer’s presence;
3. When a felony has in fact been committed, and the officer has reasonable cause to believe the person arrested to have committed it;

Question 17

the peace officer has probable cause to believe the person within the preceding seventy-two (72) hours has committed an act of

Answer 17

domestic abuse

Question 18

private person may arrest another:

Answer 18

1. For a public offense committed or attempted in his presence.
2. When the person arrested has committed a felony although not in his presence.
3. When a felony has been in fact committed, and he has reasonable cause for believing the person arrested to have committed it.

Question 19

is an order in writing, in the name of the state, signed by a magistrate, directed to a peace officer, commanding him to search for personal property and bring it before the magistrate

Answer 19

A search warrant

Question 20

search warrant shall not be issued except upon

Answer 20

probable cause, supported by affidavit, naming or describing the person, and particularly describing the property and the place to be searched.

Question 21

Search warrants for occupied dwellings shall be served between the hours of

Answer 21

six o’clock a.m. and ten o’clock p.m.

Question 22

Search warrants for occupied dwellings after hours of 10 pm if the judge finds the existence of at least one of the following circumstances:

Answer 22

1. The evidence is located on the premises only between the hours of ten o’clock p.m. and six o’clock a.m.;
2. The search to be performed is a crime scene search;
3. The affidavits be positive that the property is on the person, or in the place to be searched and the judge finds that there is likelihood that the property named in the search warrant will be destroyed, moved or concealed; or
4. The search to be performed is a search for evidence relating to the illegal manufacture of methamphetamine or other controlled dangerous substance.

Question 23

A search warrant must be executed and returned to the magistrate by whom it is issued within

Answer 23

ten (10) days

Question 24

Any peace officer may arrest without warrant any person he has probable cause for believing has committed

Answer 24

larceny of merchandise held for sale in retail or wholesale establishments, when such arrest is made in a reasonable manner.

Question 25

Any merchant, his agent or employee, who has reasonable grounds or probable cause to believe that a person has committed or is committing a wrongful taking of merchandise or money from a mercantile establishment, may detain such person in a reasonable manner for a reasonable length of time for all or any of the following purposes:

Answer 25

(a) Conducting an investigation, including reasonable interrogation of the detained person, as to whether there has been a wrongful taking of such merchandise or money;
(b) Informing the police or other law enforcement officials of the facts relevant to such detention;
(c) Performing a reasonable search of the detained person and his belongings when it appears that the merchandise or money may otherwise be lost; and
(d) Recovering the merchandise or money believed to have been taken wrongfully. Any such reasonable detention shall not constitute an unlawful arrest or detention, nor shall it render the merchant, his agent or employee criminally or civilly liable to the person so detained.

Question 26

Any person concealing unpurchased merchandise of any mercantile establishment, either on the premises or outside the premises of such establishment, shall be

Answer 26

presumed to have so concealed such merchandise with the intention of committing a wrongful taking of such merchandise within the meaning of Section 1341 of this title, and such concealment or the finding of such unpurchased merchandise concealed upon the person or among the belongings of such person shall be conclusive evidence of reasonable grounds and probable cause for the detention in a reasonable manner and for a reasonable length of time, of such person by a merchant, his agent or employee, and any such reasonable detention shall not be deemed to be unlawful, nor render such merchant, his agent or employee criminally or civilly liable.