Quiz 1-8 2014 Academy

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  1. Grounds for the application and approval of an order for non-testimonial evidence is:

    A. Clear and convincing evidence that the suspect committed the crime under investigation.
    B. Probable cause that a crime occurred and reasonable suspicion/reasonable grounds that the suspect is involved.
    C. Evidence beyond a reasonable doubt.
    D. Probable cause that the suspect committed the crime and reasonable suspicion that a crime occurred.
    B. Probable cause that a crime occurred and reasonable suspicion/reasonable grounds that the suspect is involved.
    (this multiple choice question has been scrambled)
  2. Once the defendant has invoked his sixth amendment right to counsel:

    A. Police may not place an informant in the defendant's cell even as a "listening post."
    B. Police may not contact him/her about pending charges as long as he/she remains in custody.
    C. Police may not contact him/her about pending charges except in the presence of counsel.
    D. Police may not contact him about the pending charges or any other charges or any other criminal conduct in which he/her may have been involved except in the presence of counsel.
    C. Police may not contact him/her about pending charges except in the presence of counsel.
    (this multiple choice question has been scrambled)
  3. Curtilage refers to:
    A. back yard which is enclosed in a fence
    B. the walkway outside your property
    C. basement of a home
    D. your entire fenced property
    A. back yard which is enclosed in a fence
    (this multiple choice question has been scrambled)
  4. When a "Legal Presumption" exist that a fact is true without direct proof of that fact it means:
    A. The court will not take "judicial notice" of the fact.
    B. The fact can never be disproved or disputed by the opposing side; if it could the court would not "presume" it to be true.
    C. The fact is accepted as true by the court without further proof unless it is disproved by the side opposing the fact.
    D. Circumstantial evidence which was inadmissible can now be used to prove other facts in the case.
    C. The fact is accepted as true by the court without further proof unless it is disproved by the side opposing the fact.
    (this multiple choice question has been scrambled)
  5. In Colorado, if you tell a suspect to "stop", or "stay where you are", or "don't move", you may have seized the suspect.
    True
    False
    True
  6. In the case of Miranda v. Arizona, the principle of most concern for law enforcement officers is?

    A. Warrantless arrest of suspects.
    B. Custodial interrogations of a suspect.
    C. Searches of evidence after interviews.
    d. All of the above.
    B. Custodial interrogations of a suspect.
    (this multiple choice question has been scrambled)
  7. A suspect is in custody for Miranda purposes:

    A. Only if he has been formally placed under arrest.
    B. If in the police officer's perception the suspect is not free to leave.
    C. If a reasonable person in the suspect's situation would not feel free to leave.
    d If the persons has been arrested only by a warrant.
    C. If a reasonable person in the suspect's situation would not feel free to leave.
    (this multiple choice question has been scrambled)
  8. A statement of the defendant may be excluded from evidence on the basis of voluntariness when:

    A. The defendant felt compelled to make the statement while suffering from a mental illness or emotional instability.
    B. A government agent uses a subtle form of psychological coercion which plays a significant role in inducing the defendant to make the statement.
    C. A juvenile defendant felt compelled to make the statement due to pressure from his/her parents.
    D. The defendant felt compelled to make the statement due to pressure from a co-defendant.
    A. The defendant felt compelled to make the statement while suffering from a mental illness or emotional instability.
    (this multiple choice question has been scrambled)
  9. Officers will often conduct field interviews of persons for one reason or another. Although an officer may walk up to anyone during a consensual contact and ask for his/her name and what business that they may have in the area the person is not required to respond unless:

    A. The officer has reasonable suspicion to believe that the person is about to commit or has committed a crime.
    B. The officer has a hunch that the person is about to commit or has committed a crime.
    C. The officer a good reason to believe that the person is about to commit or has committed a crime.
    A. The officer has reasonable suspicion to believe that the person is about to commit or has committed a crime.
    (this multiple choice question has been scrambled)
  10. A contact is:

    A. A brief discussion between an officer and a citizen who is free to walk away or ignore the officer's questions.
    B. Requires 4th Amendment application.
    C. A seizure that requires probable cause.
    D. A situation that only requires reasonable suspicion.
    A. A brief discussion between an officer and a citizen who is free to walk away or ignore the officer's questions.
    (this multiple choice question has been scrambled)
  11. Even if a suspect lies or is evasive his/her statement may be valuable because:

    A. The statement can be used to discredit defense witnesses if their testimony is different even if the defendant does not take the stand.
    B. The statement can be used to impeach the defendant if he comes up with better story and testifies at trial.
    C. The statement locks the suspect into an unrehearsed version of what happened.
    D. Lies and evasion makes the suspect look bad in the eyes of the jury.
    e.  All of the above.
    B. The statement can be used to impeach the defendant if he comes up with better story and testifies at trial.
    (this multiple choice question has been scrambled)
  12. Hearing on a complaint filed in County Court or an information filed in District Court to determine if there is probable cause to believe that an offense has been committed and that the person charged committed it is called?

    A. A preliminary hearing   
    B. Indictment
    C. A motions hearing
    D. An arraignment  
    A. A preliminary hearing
    (this multiple choice question has been scrambled)
  13. Defendant was arrested at his place of employment after his wallet was discovered at the site of an arson. He has prior arson convictions. Defendant was taken to jail, booked, and placed in a holding cell. The next day, just prior to his arraignment, the clothing that defendant had worn when he was arrested and while in jail was taken from him and sent to a lab for tests. The lab results showed smoke residue and trace evidence of the same accelerant used in the blaze. The state offered the clothing and the chemist's testimony of the lab results at defendant's trial.

    A. The evidence should be admitted as part of an inventory search.
    B. excluded because police should have secured a warrant.
    C. admitted as a proper search incident to arrest.
    D. excluded because the clothing should have been taken when defendant arrived at the police station.
    C. admitted as a proper search incident to arrest.
    (this multiple choice question has been scrambled)
  14. The charging document issued by a Grand Jury is called?

    A. A complaint
    B. An information          
    C. An indictment
    D. A warrant
    C. An indictment
    (this multiple choice question has been scrambled)
  15. The defendant was arrested for a string of robberies. He was not advised of his Miranda rights. While he was being booked in the jail, one of the patrol officers saw the defendant through a door and realized that he and the defendant had gone to grammar school together. The defendant had not seen the officer. In conjunction with his supervising officer, the patrol officer changed into a jail uniform and was placed in a two-person jail cell just before the defendant was locked into the same cell. When the defendant saw the patrol officer, he remembered his grade school "buddy" whom he had not seen since the sixth grade. After their boisterous reunion, the patrol officer regaled the defendant with the officer's criminal history, all of which was false. Then the officer asked the defendant why he was in jail. At first, the defendant was reluctant to talk about it, but the officer persisted and prodded. After much cajoling, the defendant told the officer-cell mate about the robberies. The officer drew from the defendant all of the details of multiple robberies which were transmitted through a listening device and recorded for later use against the defendant. The defense has moved to suppress the officer's testimony and the recording of the conversation in the jail cell. What was the result?

    A. The evidence is inadmissible because the defendant was never Mirandized.
    B. The evidence is inadmissible because it was secured through trickery by a police officer posing as a cellmate.
    C. The evidence is admissible because there was no police interrogation.
    D. The officer may testify about the defendant's statements, but the recorded evidence is inadmissible.
    A. The evidence is inadmissible because the defendant was never Mirandized.
    (this multiple choice question has been scrambled)
  16. Which of the following is in the correct order for the judicial process?

    A. Jury trial, initial appearance, bond reduction hearing, bond hearing, arraignment, motions hearing, preliminary hearing.
    B. Preliminary hearing, bond hearing, motions hearing, bond reduction hearing, initial appearance, arraignment, jury trial.
    C. Initial appearance, bond hearing, bond reduction hearing, preliminary hearing, arraignment, motions hearing, jury trial.
    D. Arraignment, initial appearance, bond reduction hearing, bond hearing, preliminary hearing, jury trial, motions hearing.
    C. Initial appearance, bond hearing, bond reduction hearing, preliminary hearing, arraignment, motions hearing, jury trial.
    (this multiple choice question has been scrambled)
  17. Direct evidence refers to?
    A. Same evidence as circumstantial evidence.
    B. Evidence given during the direct examination of a witness rather than during cross examination.
    C. Evidence which proves a fact directly such as testimony about what a witness actually saw, heard, smelled or felt and which goes directly to the defendant's guilt or innocence.
    D. The only kind of evidence an officer can testify to.
    C. Evidence which proves a fact directly such as testimony about what a witness actually saw, heard, smelled or felt and which goes directly to the defendant's guilt or innocence.
    (this multiple choice question has been scrambled)
  18. If school officials have a reason to believe a student has violated the law and wish to search the student and or locker they must?

    A. They must obtain parental permission.
    B. They must have a law enforcement officer present before the search begins.
    C. They do not need to obtain a search warrant to search.
    D. They must first obtain a search warrant to search.
    C. They do not need to obtain a search warrant to search.
    (this multiple choice question has been scrambled)
  19. How many jurors sit for a trial in county court?

    A. 12
    B. 9
    C. 6
    D. 7
    C. 6
    (this multiple choice question has been scrambled)
  20. All of the following situations do NOT require an officer to advise a person of Miranda except:

    A. Suspect is in custody and he is asked specific questions about the crime.
    B. Volunteered statements made while in custody.
    C. Suspect in custody, and an emergency situation exists.
    D. Spontaneous statements made while in custody.
    A. Suspect is in custody and he is asked specific questions about the crime.
    (this multiple choice question has been scrambled)
  21. The concept of "immediate control" of a suspect refers to:

    A. Areas within the person's reach.
    B. Closed containers that the officer's is granted consent for a search.
    C. Areas throughout a residence where a suspect may hide evidence.
    D. Any and all locations owned or rented by a suspect, including safes or storage areas.
    A. Areas within the person's reach.
    (this multiple choice question has been scrambled)
  22. A statement which is otherwise voluntary but which is taken in violation of Miranda:

    A. Cannot be used by the prosecution in its case but can be used to impeach the defendant if he testifies.
    B. Cannot be used for any purpose.
    C. Cannot be used to obtain evidence of another crime that he /she is a witness to.
    D. Cannot be used to impeach the defendant or any defense witnesses.
    A. Cannot be used by the prosecution in its case but can be used to impeach the defendant if he testifies.
    (this multiple choice question has been scrambled)
  23. " To prove the guilt of the defendant beyond a reasonable doubt." What does this statement of purpose describe?
    A. Trial process
    B. Appeal process
    C. Challenge to the arrays
    D. Preliminary hearing     
    A. Trial process
    (this multiple choice question has been scrambled)
  24. In Colorado, felony charges can only be filed with the court by the District Attorney but a peace officer can file ________ or _________ charges to the court.

    A. Felony charges lower than class 3 and misdemeanors.
    B. Misdemeanors and all traffic offenses only.
    C. All charges must be filed only through the District Attorney's Office.  
    D. Misdemeanors and petty offenses.
    D. Misdemeanors and petty offenses.
    (this multiple choice question has been scrambled)
  25. Which case law stands for the proposition that police cannot arrest a person in his or her own house (without an arrest warrant) on probable cause alone, absent some recognized emergency or exigency?

    A. Mincey v. Arizona
    B. Miranda v Arizona
    C. Mapp v. Ohio
    D. Payton v New York
    D. Payton v New York
    (this multiple choice question has been scrambled)
  26. At what stage of the criminal process system does the reading of formal charges and a subsequent entering of a plea occur?

    A. Arraignment
    B. Preliminary Hearing
    C. Indictment
    D. Motions Hearing
    A. Arraignment
    (this multiple choice question has been scrambled)
  27. In which Amendment to the U.S. Constitution is the right of an accused person to be represented by an attorney found?

    A. Fifth Amendment
    B. Fourth Amendment       
    C. Eighth Amendment
    D. Sixth Amendment
    D. Sixth Amendment
    (this multiple choice question has been scrambled)
  28. If a defendant is in custody, within what time frame must he/she be brought to trial?

    A. 120 days
    B. 8 months
    C. 180 days
    D. 90 days
    C. 180 days
    (this multiple choice question has been scrambled)
  29. The Constitution protection that prohibits excessive bail is found in which Amendment?

    A. Fifth Amendment
    B. Eighth Amendment
    C. Second Amendment
    D. Sixth Amendment
    B. Eighth Amendment
    (this multiple choice question has been scrambled)
  30. The Law Enforcement Code of Ethics states " I will never act officiously". This means:

    A. Performing in a non-professional manner.
    B. Accepting a free cup of coffee.
    C. Using your legal authority beyond its limits.
    D. Accepting the authority of other officials.
    C. Using your legal authority beyond its limits.
    (this multiple choice question has been scrambled)
  31. Physical evidence that clears one of blame is:

    A. Prima facie evidence    
    B. Corpus delicti
    C. Exculpatory evidence   
    D. Circumstantial evidence  
    C. Exculpatory evidence
    (this multiple choice question has been scrambled)
  32. Requirements for criminal trials are established in what Constitutional Amendment?

    A. Fourth Amendment
    B. Fifth Amendment
    C. Sixth Amendment
    D. Seventh Amendment
    C. Sixth Amendment
    (this multiple choice question has been scrambled)
  33. Evidence that merely tends to incriminate a person is:

    A. Circumstantial evidence
    B. Exculpatory evidence
    C. Prima facie evidence  
    D. Corpus delicti evidence
    A. Circumstantial evidence
    (this multiple choice question has been scrambled)
  34. Excessive bail, excessive fines, cruel and unusual punishment are items addressed specifically in which of the following Amendments?

    A. Third Amendment
    B. Forth Amendment
    C. Eighth Amendment
    D. Sixth Amendment
    C. Eighth Amendment
    (this multiple choice question has been scrambled)
  35. "Best evidence" can be defined as:

    a. Clearly links the suspect with the crime.     
    b. Original
    c. Relevant
    d. All of the above
    d. All of the above
  36. According to the Law Enforcement Code of Ethics, the acceptance of gratuities by an officer is:

    A. Proper, if the agency approval is obtained.
    B. Proper, if the value is not substantial.
    C. Improper, unless a refusal would be embarrassing to the giver.
    D. Improper, regardless of the value or the circumstances.
    C. Improper, unless a refusal would be embarrassing to the giver.
    (this multiple choice question has been scrambled)
  37. The presentation of eyewitness accounts at a criminal trial is known as:

    A. Circumstantial evidence
    B. Observational evidence
    C. Real evidence
    D. Direct evidence                  
    D. Direct evidence
    (this multiple choice question has been scrambled)
  38. What rights are protected by the Fifth Amendment?

    A. Self-incrimination and the right to only one trial
    B. Self-incrimination and Self-defense
    C. Double jeopardy and freedom of speech
    D. Freedom from unlawful searches and cruel and unusual punishment
    A. Self-incrimination and the right to only one trial
    (this multiple choice question has been scrambled)
  39. A person is free from being tried twice for the same offense "Double Jeopardy."  This right is found in the ____ Amendment to the United States Constitution.

    A. Sixth Amendment
    B. Fifth Amendment   
    C. Fourth Amendment
    D. First Amendment
    B. Fifth Amendment
    (this multiple choice question has been scrambled)
  40. In what document is the "Bill of Rights" found?

    A. The United States Constitution.
    B. All the Amendments to the Constitution excluding the Articles.
    C. The first ten Amendments to include the Fourteenth Amendment
    D. The first ten Amendments to the Constitution.
    A. The United States Constitution.
    (this multiple choice question has been scrambled)
  41. Which of the following types of cases could a county court hear?

    A. A small claims case for less than $10,000.00 dollars but more than $6,000.00 dollars.
    B. A criminal trial where the defendant is being tried for a felony offense.
    C. An appeal from a Municipal Court not of record.
    D. A civil case where the plaintiff is suing the defendant for $400.00 dollars.
    C. An appeal from a Municipal Court not of record.
    (this multiple choice question has been scrambled)
  42. An indictment is handed down to the ______ by the Grand Jury:

    A. The Defendant's Attorney
    B. All of them
    C. District Judge
    D. The Prosecuting Attorney     
    D. The Prosecuting Attorney
    (this multiple choice question has been scrambled)
  43. At a preliminary hearing a witness's credibility can be determined by:

    A. Whether the witness was in a good position to see and/or hear the crime.
    B. Motives of the witness.
    C. Past criminal history.    
    D. The knowledge the witness has about the defendant.
    A. Whether the witness was in a good position to see and/or hear the crime.
    (this multiple choice question has been scrambled)
  44. Which Constitutional Amendment deals with a person's right to not incriminate herself during a lawful interrogation by a law enforcement officer or government agent?

    A. Seventh Amendment
    B. Fifth Amendment
    C. 14th Amendment
    D. First Amendment
    B. Fifth Amendment
    (this multiple choice question has been scrambled)
  45. he Colorado state patrol had the authority to assist you in an investigation in which one of the following four areas:

    A. Investigation into auto parts from a wrecking yard.
    B. investigation of a theft at a federal reserve or park.
    C. Investigation of farm equipment from a local rancher.
    D. Investigation of theft from a convenience store.
    A. Investigation into auto parts from a wrecking yard.
    (this multiple choice question has been scrambled)
  46. According to the Law Enforcement Code of Ethics, a peace officer's fundamental duty is to:

    A. Serve mankind.
    B. Ensure justice for all.
    C. Act officiously toward the public.
    D. Be mindful of the welfare of others.
    A. Serve mankind.
    (this multiple choice question has been scrambled)
  47. Most statutes require that the prosecution prove:

    A. The majority of the elements of the crime.
    B. All elements of the crime.
    C. At least one element of the crime.
    D. At least half the elements of the crime.
    B. All elements of the crime.
    (this multiple choice question has been scrambled)
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274441
Card Set
Quiz 1-8 2014 Academy
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Quizzes 1-8 from the wcso academy
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