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218 Cards in this Set
- Front
- Back
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Intimate parts include
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external genitalia, anus, buttocks, pubes, breast, and perineum.
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The three methods of sexual assault
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sexual contact, sexual intrusion, and sexual penetration.
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sexual penetration
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can only be accomplished with the mouth, tongue, or penis
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sexual intrusion
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can occur using anything other than mouth, tongue, or penis.
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sexual contact
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any intimate part of the actor or victim is in contact for the purpose of sexual gratification, or abuse.
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18-3-402 Sexual assault cms
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knowingly
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sexual assault
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Any actor who knowingly inflicts sexual intrusion or sexual penetration on a victim. Actor causes submission of victim by means of sufficient consequences reasonably calculated to cause submission against victims will.
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Unlawful sexual contact cms
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knowingly
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18-3-404 Unlawful sexual contact
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commits unlawful sexual contact if the actor knows the victim does not consent or the victim is incapable of appraising the nature of the victims conduct.
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1st degree arson
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knowingly sets fire to, burns, causes to be burned, or by use of an explosive damages or destroys any building or occupied structure of another.
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2nd degree arson
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Knowingly sets fire to, burn, cause to be burned, or by the use of explosive damages or destroys any property without consent other than a building or occupied structure.
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3rd degree arson
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Intentionally damages property with intent to defraud.
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4th degree arson
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knowingly or recklessly starts or maintains a fire or causes an explosion on his own property or another and by doing so places another in danger of death or serious bodily injury or places any building or occupied structure in danger of damage.
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1st degree burglary
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a person knowingly unlawfully enters or remains unlawfully after a lawful or unlawful entry in a building or occupied structure with intent to commit a crime, other than trespass against another person or property and if in effecting entry or while in the building or in immediate flight the person or another participant assaults, menaces, any person, anyone is armed with explosive or deadly weapon or threatens use of deadly weapon.
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2nd degree burglary
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Knowingly breaks an entrance into, enters unlawfully in, or remains unlawfully after a lawful or unlawful entrance in a building or occupied structure with intent to commit there in a crime against another person or property.
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3rd degree burglary
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with intent to commit a crime enters or breaks into any vault, safe, cash register, coin vending machine, product dispenser, money depository, safety deposit box, coin box, or other apparatus or equipment whether or not coin operated.
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Possession of burglary tools
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Possesses any explosive, tool, instrument, or other article adapted, designed, or commonly used for committing or facilitating the commission of an offense involving forced entry or theft by physical taking or intends or knows some person intends to use the thing possessed in commission of such an offense.
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theft
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Knowingly obtains, retains, or exercises control over anything of value of another with out authorization or by threat deception or receives, loans money by pawn or pledge on or disposes of anything of value or belonging to another that he or she knows or believes to have been stolen and : a- intends to deprive the other person permanently of the use or benefit of the thing of value. b- knowingly uses, conceals or, abandons the thing of value in such manner as to deprive the other person permanently of its use or benefit.
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aggravated motor vehicle theft
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knowingly obtains or exercises control over the motor vehicle of another without authorization or by threat or deception, retains possession for 24+ hours, attempts to alter or disguise motor vehicle, attempts to alter or disguise vin, cause B.I. to another person, 500+ damage, Use motor vehicle for commission of crime.
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Criminal mischief
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Person knowingly damages the real or personal property of one or more other persons, including property owned by the person jointly with another person or property owned by the person in which another person has a possessory or proprietary interest.
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The ultimate goal of an interrogation is to
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Determine the Truth
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A vast source of information comes from
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Complainants, Witnesses,Victims and informants
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According to Colorado Children’s Code (19–3–306) under what authority can you take x–rays of a child whom you believe to be a victim of possible child abuse?
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Reasonable Belief
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Who may detain a juvenile if the juvenile commits a delinquent act in his or her presence.
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Peace officer
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Three primary objectives in an interrogation are
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To ascertain the probability that the suspect is or is not the offender, To eliminate the innocent by eliciting information, evidence or behavior that indicates innocence, to obtain a confession from the guilty and/or information from him or her about the involvement of other persons.
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An interview is defined as
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The questioning of persons who are not suspects in a crime.
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When questioning occurs spontaneously on the street, it is often referred to as a
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Field Interview
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The best way to obtain a confession is to
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create a sense of urgency
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19–2–508 (3) (a) (I) A juvenile taken into custody pursuant to this article and placed in a detention or shelter facility or a temporary holding facility shall be entitled to a hearing within ____ hours, excluding Saturdays, Sundays, and legal holidays, of such placement to determine if he or she should be detained. The time in which the hearing shall be held may be extended for a reasonable time by order of the court upon good cause shown.
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48
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According to 19–2–502 A juvenile may be taken into temporary custody by a law enforcement officer without order of the court when there are ____________to believe that he or she has committed a delinquent act.
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Reasonable Grounds
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To establish rapport you should
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Show him/her genuine interest and concern
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An interrogation is defined as
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The questioning of people suspected of indirect or direct involvement in the crime.
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“Third–degree” methods of interrogation include
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Threats, psychological harassment,and deprivation of food or water for a prolonged period of time.
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Two important requirements for obtaining information are to
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Observe and Listen
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Good interviewing techniques include
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Selection of the location of the interview, starting with friendly small talk, listening carefully and empathizing with the individual, helping subjects recall the events.
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According to Colorado Revised Statutes, who may take a juvenile into protective custody?
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Peace Officer
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Susan is a runaway from the state of California and is taken into custody by Officer Jones. Officer Jones may place Susan in a shelter or other appropriate facility for up to what time period before she must be released?
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Until she can be returned to the state.
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While investigating a report of a suspected child abuse, the father admits to spanking the child for shoplifting, however, you observe no marks, bruises, bleeding or swelling. Has child abuse occurred according to the Colorado Children’s Code 19–1–103?
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No, because no signs of abuse were present and the punishment was construed to be a reasonable exercise of parental discipline.
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In 19–2–516 Special offenders, subsection (4), a juvenile is classified as an aggravated juvenile offender if he or she
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Adjudicated as a juvenile delinquent for a delinquent act that constitutes a class 1 or 2 felony.
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An officer may take an individual into custody for evaluation by a mental health worker when the individual is gravely disabled. What circumstance would best establish that an individual is gravely disabled?
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The presence of old untreated injuries and malnutrition.
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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?
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They do not need to obtain a search warrant to search.
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The "plain feel" exception is
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A legitimate extension to the "plain view" exception doctrine.
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Officer Smith is given information that John and his partner Debbie are dealing drugs from their house. Officer Smith observes Debbie throw away several items, that he believes may be drug related, into the trash cans next to the house. Officer Smith approaches the house and removes several documents and three plastic bags with powder which later field tests as meth. Of the statements below which would be correct concerning the admissibility of the evidence?
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The evidence will be inadmissible because, even though it was abandoned, the trash was still part of the curtilage and would require a warrant or consent to search.
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" Victim is less than age 15; actor is at least 4 years older," these two elements are found in which of the following criminal offenses?
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Sexual assault on a child and sexual assault
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To justify a Temporary Detention of an individual, an officer must have?
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Reasonable suspicion.
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A warrantless search of a vehicle in the absence of a lawful arrest or consent is justified only in emergencies where probable cause exists and the search must be conducted under the following conditions
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Danger to life, Danger of escape, and/or danger of destruction or removal or evidence
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"Knowingly; inflicts sexual intrusion or sexual penetration; causes submission by actual application of physical force or violence." These are elements of which criminal offense?
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Sexual assault
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Curtilage refers to
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back yard which is enclosed in a fence
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What factors must be taken into consideration when dealing with a suspected mentally ill person
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Are alcohol or drugs involved? Is medical treatment required? Is the person gravely disabled or a danger to himself/herself or others?
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What case allows an officer to order a driver to get out of his/her vehicle even in the absence of criminal activity or a reasonable belief that the driver poses a threat to police?
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Pennsylvania vs. Mimms
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The "Carroll vs. U.S." decision established that automobiles may be searched without a warrant if
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There is probable cause for the search and The vehicle would be gone before a warrant could be obtained
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Grounds for the application and approval of an order for non–testimonial evidence is
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Probable cause that a crime occurred and reasonable suspicion/reasonable grounds that the suspect is involved.
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Colorado's Crime Victim Rights Constitutional Amendment mandates that?
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Crime victims be informed of, present for and heard at all critical stages of the criminal justice process.
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Two officers develop reasonable suspicion that Smith is about to rob a convenience store. The officers approach Smith, place him under arrest, and search him. The officer conducting the search feels what is immediately apparent to him to be crack cocaine. The officer then retrieved the substance. At trial, Smith makes a motion to suppress the crack cocaine found during the search. According to the law, this motion should be:
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Granted, because the officers acted illegally
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Under what condition will a governmental agency not be required to pay for the defense of the officer?
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When the officer was acting outside of his/her lawful duties.
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The "Victim's Bill of Rights" include
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The right to be informed, The right to be advised of the criminal process of the case, and The right to be treated with dignity and respect
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Colorado Revised Statute 19–1–303, reports pertaining to children, particularly child abuse and neglect reports are
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Confidential with limited access.
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What is the difference between a "contact and a detention?"
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The subject of a contact is free to leave at any time.
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Colorado Revised Statutes 19–3–203, a guardian ad litem may be appointed to?
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Protect the interest of a child during court proceedings.
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A suspect in custody demands to see a lawyer before you question him. He is subsequently released on bond, but not formally charged. Which of the following statements would be the correct action?
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Question him about other criminal activity he may be involved in, but not the one for which he was arrested.
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An individual justified in detaining for a mental health evaluation
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The person is walking in the median of the interstate highway; he/she has no coat in the cold weather; and the person cannot tell you where he/she came from or where he/she is going.
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Victimization is the process of becoming a victim through
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A traumatic event. Secondary wounding experiences. Acceptance of the label of a victim.
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An exigent circumstance which justifies an immediate search is when there is
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A risk of the subject's escape. Danger of violence or injury to officers or others. The probability that evidence will be destroyed or hidden.
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When do Colorado peace officers have authority to make an arrest
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An officer may make an arrest in a felony or misdemeanor case if he has probable cause to believe that the person he/she is arresting has committed that crime.
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In Court, A statement which is otherwise voluntary but which is taken in violation of Miranda
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Cannot be used by the prosecution in its case but can be used to impeach the defendant if he testifies.
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According to CRS 16.3.305 (6) A search warrant shall be executed within ____ days after its date.
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14
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Which of the four is NOT considered an exception to the Payton case regarding searches of a home?
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Non–coercive behavior
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Officer Smith and her partner are executing a lawful search warrant at a local bar. She has information that drugs are being sold to patrons. There are four people in the bar besides the owner and bartender. Officer Smith searches all of the people in the bar. When she searches John she feels contraband and seizes it. What will be the correct outcome of the search of John?
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The search and seizure will be inadmissible because Officer Smith didn't have probable cause to search the patrons.
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Police approach the home of Adams, whom they reasonably suspect is involved in a theft. Adams is not there, but his wife is home. The officers explain they are looking for Adams and would like to talk to him about the clothing he was wearing the day before. Adams' wife states, "Those things are right here. I took them out of his duffle bag. Here they are." She hands them to the officer. The officers accepted the items. At trial, this evidence should be
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Admitted, as the items were procured through private action, and thus, were not a search under the 4th Amendment.
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In the case of Miranda v. Arizona, the principle of most concern for law enforcement officers is?
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Custodial interrogations of a suspect
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True or False, In Colorado, if you tell a suspect to "stop", or "stay where you are", or "don't move", you may have seized the suspect.
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True
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The case of Mincey v. Arizona shows us that even a murder scene at a residence of the suspect is not free from the requirements of the constitution. When in this situation, what is constitutionally prohibited?
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Police conducting a thorough search before a warrant is obtained
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Under what condition will a governmental agency not be required to pay for the defense of the officer?
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When the officer was acting outside of his/her lawful duties.
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Officer Smith contacts John for a traffic violation and tells him he will receive a traffic summons. John gets into a argument with Officer Smith and hits him in the face causing his nose to bleed. What criminal offense has John committed?
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2nd degree assault
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Officer while executing a search warrant at a private residence may
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Detain any and all occupants of the home at least for a reasonable period of time.
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What IS NOT considered to be in "plain view"?
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An officer opens an 8 foot gate and then sees marijuana growing in the back yard.
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In general, municipalities can only be found liable for a police officer's violation of a suspect's constitutional rights when?
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The city has a policy or custom which caused the constitutional violation.
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The concept of "immediate control" of a suspect refers to
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Areas within the person's reach.
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A contact is
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A brief discussion between an officer and a citizen who is free to walk away or ignore the officer's questions.
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Early one afternoon Mrs. Jones comes home from work to find her 14 year old daughter and her 19 year old boyfriend engaged in sexual intercourse. Her daughter pleads with her, indicating that she and her boyfriend are in love and want to get married. Which of the following would be applicable if the mother (Mrs. Jones) wants to prosecute?
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Sexual assault
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Any peace officer who fails to report another officer who exceeds the degree of physical force permitted under 18–1–707, C.R.S. commits a: (Found in 18–8–2..)
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Class 1 misdemeanor
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"Knowingly; any sexual contact; actor knows that the victim does not consent." These elements are found in which of the following criminal offenses?
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Unlawful sexual contact
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True or False, A pursuit is an attempted arrest governed by the 4th amendment.
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True
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An officer does not need to obtain a search warrant to execute a lawful arrest warrant of a third party's home when
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The officer can give articulating facts of either exigency or emergency.
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Victim Compensation is
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Funds set up by a surcharge placed on misdemeanor and felony crimes.
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The central point of the case of Terry vs. Ohio allows for a peace officer to take what action?
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To do a pat down of a suspect for weapons with reasonable suspicion.
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A suspect is in custody for Miranda purposes
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If a reasonable person in the suspect's situation would not feel free to leave.
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What 2 conditions must be present for a Miranda warning to be necessary?
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1. Custody and 2. Interrogationor 1. Arrest and 2. Interrogation
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For the crime of contributing to the delinquency of a minor the child must be what age?
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Under the age of 18
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If a lawyer objects to a question in court while you are testifying, you should?
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Stop testifying immediately.
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A person who causes or aids another person to commit suicide has committed what criminal offense?
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Manslaughter.
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The courts have ruled that for an officer to use a good faith immunity defense in a civil suit against him/her the officer must
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Show the conduct has not violated clearly established statutory or constitutional rights or guidelines which a reasonable man would have known.
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A limousine service may
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Not give or sell alcohol to its customers unless the service holds a liquor license.
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Which of the following would be someone whom you would consider to be a person who is gravely disabled?
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A 70 year old man who is unable to move and who has no visible means of support and who is living on the street.
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What would be correct concerning the crime of aggravated incest?
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The actor is 35 and the victim is 19 and is the actor's stepdaughter
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A person talking about killing himself would be someone that would fall under what statement?
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A person with possible depression problems
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When serious bodily injury is caused by a person by reckless driving, what would be the most appropriate charge?
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Vehicle assault
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Losses not compensable under the Crime Victim's Compensation Act include
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Aggregate property damages that are less than $25. Pain and suffering. Property damage other than residential property damage. Aggregate damages to the victim or dependents exceeding $10,000.
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What is the charge for a person who is in control of a motor vehicle and is in possession of methamphetamine.
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Child Abuse
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What scenario would cause you to consider someone suitable to place on a 72 hour mental health evaluation hold?
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Bob who thinks that his dog is telling him to chase cars and is in the street.
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An officer is witness to the actions of another officer who uses excessive force in making an arrest or when controlling a person. The officer must report an incident in a formal report within 10 days. Failure to do so would see the officer charged with failure to report. This charge carries a penalty of?
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Class 1 misdemeanor
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The substance has high potential for abuse; has no currently accepted medical use in treatment in the United States; and lacks accepted safety for use under medical supervision. This describes drugs in
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Schedule 1
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Pursuant to CRS 18–1–703, "Which of the following is not allowed to use reasonable and appropriate physical force against a child when they are entrusted with there care and supervision"?
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Baseball umpire
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What activities may lead to an officer be named in a civil suit?
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False arrest, excessive use of force, and unlawful searches and seizures
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What Statement describes a police officer's court room testimony?
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The fact that he is a police officer makes him a better witness.
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Who is the only person that can take a juvenile into protective custody?
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Peace officer
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What must a victim be informed of?
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When a convicted person is released or discharged from custody, paroled, escapes, or absconds from probation or parole.
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According to Colorado Statutes how long may a person be held on an involuntary mental health evaluation?
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72 hours excluding weekends and holidays.
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A victim's response to a traumatic event may include the following
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Loss of invulnerability and Desire to withdraw and isolate from others.
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John is 22 years old and is a college student. He purchases 1 ounce of marijuana every day for four days, and every time from a different store. He then sells, for profit, 2 ounces of marijuana to a fellow college student who is 20 years old. Has he committed a criminal act? If so, what is the criminal act?
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Unlawful selling of marijuana.
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A person of what age may be considered to be gravely disabled?
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A person of any age.
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Under what statute is an officer charged when a civil rights violation is committed by the officer or agency?
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US Code, Title 42, section 1983
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A hotel and restaurant that has a liquor license must have full meals available when?
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From 8am until 8pm, daily with light sandwiches and snacks available until closing.
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When could an officer use deadly force against a person whom the officer believes to be mentally disabled?
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When there is imminent threat of serious bodily injury or death to another.
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Usually if officers are sued for acts within the scope of their employment, and the plaintiff is successful, the governmental employer is required to INDEMNIFY or pay the judgment against the officer for only?
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Compensatory damages.
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What element is specific to the criminal offense of 4th degree arson?
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Start or maintain a fire or cause an explosion on your own property and endanger another person or property.
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For the criminal offense of Third degree criminal trespass to be classified as a class 5 felony, a subject must commit which of the following?
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With the intent to commit a felony thereon of premises so classified as classified agricultural land.
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When referring to Title 18 –6–401, child abuse, the term "Child" refers to
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A person under the age of 16.
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When can you take a person into custody on a Mental Health Hold?
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If he/she is in imminent danger to self or others or gravely disabled.
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"Best evidence" can be defined as
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Clearly links the suspect with the crime. Is original. Is relevant.
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What is proper attire for a court appearance?
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When testifying in civilian attire, male officers should wear a conservative suit or sports coat with tie. Female officers should wear conservative business attire.
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The substance has currently accepted medical use in treatment in the United States; and abuse may lead to limited physical dependence or psychological dependence relative to the substances included in schedule IV.
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Schedule 5
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How long may a person that is taken into protective custody for a mental health evaluation hold be held in a jail or detention center when there is no other available health facility?
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24 hours only
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Bob has Sally and Mary come over to his place to smoke marijuana and drink alcohol. Bob is 19 the two girls are both 17. Both girls become intoxicated and Bob plays a pornographic movie while they are partying. He encourages the two girls to kiss and touch each other's breast. Which of the following would be correct?
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Bob can be charged with Sexual Exploitation of a child.
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Substances in this schedule have a high potential for abuse which may lead to severe psychological or physical dependence.
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Schedule 1
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What is required to charge someone with vehicular homicide?
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The driver knowingly caused the death of another.
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If a person is shown to be intoxicated it is an affirmative defense to crimes requiring which mental state (18–1–804)?
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Intentionally
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T/F: An officer off duty driving an agency patrol vehicle stops a girl friend's vehicle after getting into an argument with her by using his emergency equipment is outside the scope of the officer's employment?
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True
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Mark who is 30 and mentally handicapped is being taken care of by his two elderly parents who are both 70. Mark was diagnosed with a mental capacity of a five year old and also has physical disabilities. His parents cannot deal with him anymore so they stop feeding him and he dies. What criminal offense if any would be charged?
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Manslaughter
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A person can be placed in a Detention Center (jail) for a mental health hold only
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A person that is mentally ill can only be placed in a jail if there is no health facility available.
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Under Colorado Law crime victims have what rights?
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To be informed of, present for and heard at all critical stages of the criminal justice process.
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Once a bar has emptied a liquor bottle, the bottle
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Must be destroyed.
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Mark and Sally are both friends with Mary who has run away from home. Mark and Sally are both 17 and Mary is 15. When asked by officer Smith if they have knowledge of Mary's whereabouts they both say they haven't seen her. Officer Smith latter finds Mary in a abandon house where all three have been living for the last three weeks. What crime has been committed?
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Harboring a minor
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T/F: An officer is likely to be prosecuted criminally for a violation of Federal Civil Rights under Title 42, USC, 1983 if: An officer, along with other officers, conspire and threaten a defense witness to prevent him from testifying on behalf of a criminal defendant.
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True
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The substance has a potential for abuse less than previous substances; has currently accepted medical use in treatment in the United States; and may lead to moderate or low physical dependence or high psychological dependence.
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Schedule 3
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Sam who is 17 encourages his little brother Mike 14 to steal a candy bar from the store. What criminal offenses would Sam be charged with?
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Theft and Contributing to the delinquency of a minor.
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For the charge of sexual exploitation of a child the victim (i.e. child) must be of what age?
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Below the age of 18
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Application for a suspension or revocation hearing by local or state authority may be requested
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By any peace officer for any violation of the alcoholic beverage statues or regulations.
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Grounds for the application and approval of an order for non–testimonial evidence is:
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Probable cause that a crime occurred and reasonable suspicion/reasonable grounds that the suspect is involved.
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Officer Jones has observed a liquor violation in a bar. The bartender was serving a 19 year old persons alcohol. Officer Jones must:
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Initiate report, confiscate the alcohol, issue summons.
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Bobby goes to school and tells his teacher that he was spanked by his mother for not telling the truth. You are the officer who responds to the call from the school and social service worker. After talking with Bobby and determining that there are no visible marks your next action would be to?
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Take no further action because the mother may use reasonable physical force to discipline.
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A victim's response to a traumatic event can be the following:
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Loss of invulnerability. Desire to withdraw and isolation from others.
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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?
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The evidence is inadmissible because the defendant was never Mirandized.
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T/F: Officers may avoid the constraints of Arizona v. Gant case law by completing a vehicle inventory prior to towing the vehicle.
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True
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When a person slips a controlled substance or any drug into someone's drink at a bar, and that person's intent was to cause the person to loose consciousness and the person does, what criminal offense has been committed?
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2nd degree assault
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T/F: A Detainee held for five to ten minutes for investigation is NOT considered an indication of a lawful arrest made by a peace officer?
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True |
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A person who, with the intent to promote or facilitate the commission of the offense, aids abets, advises or encourages the other person, is liable for his/her behavior under:
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Complicity
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What is the level of proof required for a 72 hour mental health hold?
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Probable cause
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False imprisonment is a class 2 misdemeanor but becomes a class 5 felony if the person uses force, threat of force to confine the victim or:
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Confines the victim for 12 hours or longer.
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Intoxication of an accused person is not a defense unless certain circumstances exist. Which of the following statements conform to the circumstances required by law?
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Sally commits theft after she drinks what she thought was fruit juice and becomes intoxicated.
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To justify a Temporary Detention of an individual, an officer must have?
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Reasonable suspicion.
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An officer may enter a home to execute an active arrest warrant for a subject. If he does so he must articulate that:
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The subject lives there and is within the residence at the time of the entry.
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The Sixth Amendment guarantees which of the following?
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Speedy and public trial, trial by jury in felony cases.
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Sally is 16 years old and John is 31. Sally is in the bar when John picks her up and takes her home. She tells John that she is 19. They engage in sexual intercourse. Sally's parents find out what happened and John is arrested. Which statement below is true?
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18–1–503.5 John will have an affirmative defense because he believed the Sally to be 19 and she was at least 15 years old at the time.
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The order for Non–Testimonial evidence (Rule 41.1) may be issued with the information in the affidavit showing:
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Reasonable grounds but not amounting to probable cause to arrest.
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You search Joe during a traffic arrest and find that he has 10 white pills in a plastic bag. When questioned about the pills Joe tells you that they are Oxycodone for his back and he has a prescription for them. Which of the following statement is correct?
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Joe cannot be charged if he can prove that he has been prescribed the medicine.
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When a person is mentally ill when may you take them into custody?
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If they are in imminent danger of gravely disabled.
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19–2–516 Special offenders subsection (4) a juvenile is classified as an aggravated juvenile offender if he or she?
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Adjudicated a juvenile delinquent for a delinquent act that constitutes a class 1 or 2 felony.
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Under what authority can you take x–rays of a child who you believe to be a victim of possible child abuse according to the Colorado Children's Code?
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Reasonable grounds
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A person under 21 years of age may possess and consume alcohol under the following conditions:
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When legally on private property with permission of the owner and accompanied by a parent or legal guardian who was present during the possession and consumption of the alcohol.
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An officer who is going to claim that the evidence found was protected under the plain view doctrine must prove that:
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The evidence was found incidental to the legal contact with the suspect.
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When referring to title 18–6–401, Child Abuse, the term "Child" refers to:
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A person under the age of 16
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What is NOT an exception to a warrantless search.
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Arrest warrant
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Firearms that are used during the commission of a robbery of a bank that is insured by the federal government allows which other federal agency to investigate the crime or assist?
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ATF
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The Witness Protection Programs is overseen by which one of the following Federal agencies?
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US Marshals
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Officer Smith finds a bag of white power which field tests as meth in Bill's backpack. He also finds a glass pipe. What crime has Bill committed?
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Possession of a Scheduled I substance and possession of drug paraphernalia.
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The District Attorney can do a direct filing into the adult system on a juvenile offender if the juvenile meets the following; has committed a criminal offense that would be classified as a class 1 or 2 felony offense. What is the minimum age the juvenile can be for the filing?
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14
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T/F: School grounds is an exception to a warrant requirement.
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False
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Losses not commensurable under the Crime Victim's Compensation Act includes:
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Aggregate property damages that are less than $25.00, Pain and suffering, Aggregate damages to the victim or dependents exceeding $10,000.00 dollars, Property damage other than residential property damage.
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Under Colorado law victims of certain crimes are required to be notified of their "Victim's Rights." Who is responsible to make the first advisement of these rights?
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The officers on scene of the incident.
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Who is responsible for fires in unincorporated areas of the county as well as incorporated areas that are not covered by fire districting?
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County Sheriffs
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A peace officer is authorized to make an arrest when?
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An officer may make an arrest in a felony or misdemeanor criminal case if he/she has probable cause to believe that the person being arrested committed a crime.
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If school officials have probable cause to believe a student has violated the law and wish to search a student or the student's locker:
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They do not need a search warrant and can search at anytime.
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"With the intent to induce another person against the other person's will to perform an act or refrain from performing a lawful act." These are elements of the crime of?
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Criminal extortion
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A summary suspension may be initiated by any:
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Only the licensing authority.
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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:
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The officer has reasonable suspicion to believe that the person is about to commit or has committed a crime.
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"Best evidence" can be defined as:
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Is original
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All searches and seizures must be justified by probable cause?
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False. Many police actions like limited weapons searches and investigative stops of pedestrians and vehicle contacts require only reasonable suspicion.
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What are legal forms of I.D. to purchase alcohol?
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A motor vehicle license containing a picture from any state or country. Identification card, passport, alien registration card. Military I.D. with picture.
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The licensing authority for someone who is seeking a liquor license to sell and dispense alcoholic beverages is made up of?
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The County Commissioners if a business is in county.
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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. The evidence should be
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Admitted as a proper search incident to arrest.
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All of the following could be potential violations under the fairness, respect and dignity portion of the Victim Rights Act except which of the following?
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The district attorney refuses the victim the absolute right to view all or a portion of the presentence report of the probation department.
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Whose responsibility is it to notify a victim that a case is not going to be filed? CRS 24–4.1–103(10)(a) (V)
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Varies from jurisdiction to jurisdiction.
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A short shotgun is defined as having an barrel length of less than?
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18 inches
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A person who, with intent, tampers with the property of another to cause injury, inconvenience or annoyance, commits the crime of?
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2nd Degree Tampering
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Who is the only person that may take a juvenile into protective custody?
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Peace Officer
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Every police officer knows that evidence which is gathered through unconstitutional means is not admissible at trial. This is the "exclusionary rule". Further, every officer has heard there is an exception to this rule if the constitutional violation was one which occurred while the officer was acting in good faith. Assume an officer recovers crucial evidence in a murder case. Assume that in recovering that evidence the officer inadvertently violated the suspects 4th Amendment rights. Finally assume the Court did not believe the violation of the suspect's rights was inadvertent so there is no good faith exception. Under which of the following legal theories might the evidence still be admissible in trial.
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Independent Sources Exception
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How old must a person be to sell or dispense spirituous liquors in a tavern?
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18^ with supervision or 21
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In order to search an abandon car, a police officer must first obtain permission from:
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No one.
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What is an element of murder in the second degree?
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Knowingly cause the death of another person but without deliberation.
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What minimum legal standard must be satisfied to detain a person against his/her will?
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Reasonable suspicion
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A person cannot be convicted of an offense, other than a class 1 felony, based upon conduct in which he/she engaged at the direction of another person because of threatened use of force. This is an element of what defense?
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Duress
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All people may dispense and sell beer and vinous liquors if:
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They are 18 years or older.
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The doctrine which established that illegally obtained evidence may be admissible if the police were truly not aware that they were violating the suspect's constitutional rights is the:
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Inevitable discovery doctrine
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Any person who knowingly lives on or is supported or maintained in whole or in part by money or other thing of value earned, received, procured through prostitution commits the crime of?
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Pimping
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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?
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Payton v New York
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"With the intent to cause interruption or impairment of a service of the public utility" are elements to the crime of?
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1st Degree Tampering
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Who may detain a juvenile if a delinquent act was committed in his/her presence?
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Probation officer, Law enforcement officer, Adult citizen, or School official
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A criminal commits the crime of "criminal attempt" if he engages in conduct, which constitutes taking ______ towards committing a criminal offense.
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A substantial step
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The authority to issue an order for Non–Testimonial evidence for identification must be issued by any of the following court judges except that of? ( Rule 41.1 )
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Municipal Court Judge
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An officer may enter a home to execute an active arrest warrant for a subject without a warrant to search the house but he must articulate that:
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The subject is going to destroy evidence of another crime.
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All of the following would be excluded from protected speech under the 1st Amendment except?
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Religious pamphlets
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The 1st Amendment of the Constitution protects freedom of speech. However there is speech which is unprotected. What kind of speech would be unprotected?
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A person using the "N" word in front of another looking for a fight.
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The concept of "immediate control" of a suspect refers to:
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Areas within the person's reach.
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Officers often will 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 the person may have in the area the person is not required to respond unless:
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The officer has reasonable suspicion to believe that the person is about to commit or has committed a crime.
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Sam and Bill have come up the idea of selling flour and ground up sugar to children at school and represent it as though it was cocaine. Several of the children buy the product and Officer Smith is contacted. What crime have the two committed, if any?
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Distribution of an Imitation controlled substance.
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The main resolution in the case of Terry vs. Ohio allowed for a peace officer to take what action?
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To perform a pat down of a suspect for weapons with reasonable suspicion.
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Notification to a victim may be accomplished by which of the following means?
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Telephone or letter but notice should be documented
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An officer does not need to obtain a search warrant to execute a lawful arrest warrant of a third party's home when:
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The officer can give articulating facts of either exigency or emergency.
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What distinguishes the crime of 3rd degree assault from reckless endangerment?
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A person can commit 3rd degree assault without creating the risk of serious bodily injury.
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When a bomb is used in a criminal offense committed in a city or county who has jurisdiction to investigate the offense?
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ATF because of the use of explosives.
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A Switchblade Knife is an example of an ______ weapon.
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Illegal
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What are the rights afforded to victims and what must the victims be informed of?
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When convicted is released or discharged from custody, paroled, escapes, or absconds from probation or parole.
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What is the goal of law enforcement concerning domestic violence cases?
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To divert those involved in the battering into programs that will treat the abusive and battering behavior.
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A deputy on routine patrol was dispatched to a burglary that had just occurred. The burglar had returned to the scene. When the deputy arrived on scene she saw Bates talking to the owner's son–in–law. When Bates saw the deputy he fled. The deputy gave chase and caught Bates a short distance away. The deputy arrested Bates and transported him to jail. Outside the jail Bates gave the deputy a statement. T/F: Has Probable cause has been established?
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False
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You are on a domestic violence call. There is not enough probable cause to make an arrest, however when you leave the scene you believe that violence will occur. Which of the following statements would be your correct action to take?
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Obtain a emergency protection order.
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During what hours and what days may a retail liquor store sell alcoholic beverages?
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8:00 a.m. to 12:00 midnight every day except Christmas.
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When conducting a routine inspection, officers should check the Liquor License to see if:
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They are valid and posted in a conspicuous place for the public to see. They belong to the establishment.
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