CLEET Criminal Law & Procedures 2

Question 1

Under the Fourth Amendment, a 'stop and frisk' is legally justified when an officer has:

Accepted Answer

Reasonable articulable suspicion of criminal activity

Answer

Terry v. Ohio established that reasonable articulable suspicion—not probable cause—is the standard for a brief investigatory stop and pat-down.

Question 2

Which doctrine allows evidence obtained in violation of the Fourth Amendment to be excluded from trial?

Accepted Answer

Exclusionary rule

Answer

The exclusionary rule bars evidence obtained through unconstitutional searches or seizures from being used in a criminal prosecution.

Question 3

A person is considered 'in custody' for Miranda purposes when:

Accepted Answer

A reasonable person would not feel free to leave

Answer

Miranda custody is determined by whether a reasonable person in the circumstances would feel free to terminate the encounter and leave.

Question 4

The corpus delicti rule requires that before a confession can be admitted, the prosecution must:

Accepted Answer

Establish independent evidence that a crime occurred

Answer

Corpus delicti ('body of the crime') requires independent corroborating evidence that the crime actually occurred before a defendant's confession can be used.

Question 5

Under Oklahoma law, which of the following best describes 'first-degree manslaughter'?

Accepted Answer

Killing in the heat of passion upon adequate provocation

Answer

First-degree manslaughter in Oklahoma includes killings committed in the heat of passion caused by adequate legal provocation, distinguishing it from murder.

(CLEET) Council on Law Enforcement Education and Training Certification Practice Test

(CLEET) Council on Law Enforcement Education and Training Certification Practice Test

CLEET Criminal Law & Procedures 2