CLEET Criminal Law & Procedures 3

Question 1

The 'inevitable discovery' doctrine allows otherwise suppressed evidence to be admitted when:

Accepted Answer

The evidence would have been legally found through independent means

Answer

Inevitable discovery, established in Nix v. Williams, permits use of illegally obtained evidence if the prosecution proves it would have been discovered by lawful means.

Question 2

Under Oklahoma statutes, robbery is distinguished from theft primarily by the element of:

Accepted Answer

Force or fear used against a person

Answer

Robbery requires that property be taken from a person by force, threat, or intimidation—the personal confrontation element separates it from ordinary theft.

Question 3

An officer may conduct a warrantless search of a vehicle incident to arrest of an occupant when:

Accepted Answer

The arrestee is unsecured and within reaching distance of the passenger compartment

Answer

Arizona v. Gant limits vehicle searches incident to arrest to situations where the arrestee is unsecured and within reach of the vehicle's passenger compartment.

Question 4

Which element distinguishes burglary from simple trespass under Oklahoma law?

Accepted Answer

The intent to commit a crime inside at the time of entry

Answer

Burglary requires breaking and entering with the specific intent to commit a crime inside; without that criminal intent, the act may only constitute trespass.

Question 5

A signed written waiver of Miranda rights is:

Accepted Answer

Strong evidence of a knowing and voluntary waiver but not the only valid form

Answer

Courts accept oral waivers as valid; a written waiver is strong evidence but not a constitutional requirement for admissibility of statements.

(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 3