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65 Cards in this Set
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An officer has reasonable suspicion to believe that a person committed a theft at a convenience store a few minutes earlier. Which correctly describes the officer's lawful authority? A. The officer cannot stop the suspect's vehicle because the officer down not have probable cause. B. The officer cannot stop the suspect's vehicle because to do so would be a seizure. C. The officer can stop the suspect's vehicle because to do so would not be a seizure. D. The officer can stop the suspect's vehicle because there is reasonable suspicion. |
D. The officer can stop the suspect's vehicle because there is reasonable suspicion. |
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An officer has developed reasonable suspicion to believe a suspect is currently transporting cocaine in a particular vehicle for the purpose of sale and delivery. Because if his training and experience, the officer knows that drug dealers are commonly armed, but knows nothing of this particular suspect. The officer stops the suspect vehicle. Which correctly describes the officer's lawful authority? A. The officer can order the suspect from the vehicle and frisk him but cannot frisk the passenger compartment unless a weapon is found on the suspect. B. The officer can order the suspect from the vehicle and can frisk both the suspect and passenger compartment for weapons. C. The officer can ask the suspect to step out of the car but cannot require him to do so. D. The officer can order the suspect from the vehicle but cannot frisk the suspect or passenger compartment because there is no probable cause to do so. |
B. The officer can order the suspect from the vehicle and can frisk both the suspect and passenger compartment for weapons. |
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All of the following may be utilized to develop the concept of exigent circumstances except which? A. Lawful intrusion into a normally protected area. B. Danger to the public or the officer. C. Possibility of the suspect's escape. D. Danger of destruction of evidence. |
A. Lawful intrusion into a normally protected area. |
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True or False? The 4th Amendment requires that all searches and seizures be justified by probable cause. |
True |
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To justify the temporary detention of an individual, an officer must have? A. A good hunch or feeling. B. Probable Cause C. Clear and convincing evidence D. Reasonable suspicion |
D. Reasonable suspicion |
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An officer is patrolling in a marked vehicle in an ordinary residential neighborhood at 2130 hours. As the officer begins to turn a corner, he observes two pedestrians on a side street. When the pedestrians see the police vehicle, they run in apparent panic in the opposite direction. Which correctly describes the officer's lawful authority? A. The officer may follow in an effort to maintain visual contact but should not attempt an investigative detention. B.These facts clearly establish reasonable suspicion. The officer may attempt an investigative detention of both subjects. C. These facts clearly establish probable cause. The officer may arrest both subjects. D. Evidence produced by the stop and frisk will be admissible because this is a legally sufficient "articulation" of reasonable suspicion. |
A. The officer may follow in an effort to maintain visual contact but should not attempt an investigative detention. |
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When practical, which of the below is the preferred method of executing a search? A. With a search warrant B. Incidental to lawful arrest C. With the consent of the person in charge of the property D. With the cooperation of a private individual |
A. With a search warrant |
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In Colorado, which of the below courts CANNOT issue a search warrant for any location in the state? A. District Court B. Municipal Court C. County Court D. Colorado Supreme Court |
B. Municipal Court |
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"Freedom from unreasonable searches, search based upon probable cause, the right of the people to be secure in their homes." These basic legal concepts relating to search by law enforcement is defined in part in which of the following? A. Article VI, U.S. Constitution B. Declaration of Independence C. Fourteenth Amendment D. Fourth Amendment |
D. Fourth Amendment |
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Under the 4th Amendment - the Search and Seizure Clause and Probable Cause or Warrant Clause, must both be: A. Backed by a law enforcement official B. Separated to be valid C. Supported by articulated facts told to or personally known by the officer D. State in separate documents |
C. Supported by articulated facts told to or personally known by the officer |
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An officer is walking by an apartment house and sees a Coca plant in the window. What is the officer's best course of action? A. Forcibly enter and seize the plant. B. Use his observations as probable cause to obtain a search warrant. C. Make up an excuse to get in the house, then seize the plant. D. Get consent from the ten year old residing in the apartment. |
B. Use his observations as probable cause to obtain a search warrant. |
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Which of the following would NOT be admissible in court as a result of the exclusionary rule? A. Evidence that was found in plain view B. Evidence that was obtained via a search warrant that was later found to be deficient of probable cause but was exercised in good faith C. Evidence that was obtained through an infringement of a reasonable expectation of privacy D. Evidence that was discovered in a search incident to arrest. |
C. Evidence that was obtained through an infringement of a reasonable expectation of privacy |
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Colorado has a statute authorizing peace officers to make arrests. In Colorado: A. An officer may not make an arrest unless he has a warrant. B. An officer may make an arrest in a felony or misdemeanor case if he has probable cause to believe that the person arrested committed that crime. C. A provision is included authorizing the officer to make an arrest when he has reasonable suspicion to believe that a misdemeanor has been omitted. D. An officer can only make an arrest with probable cause when the crime is a felony. |
B. An officer may make an arrest in a felony or misdemeanor case if he has probable cause to believe that the person arrested committed that crime. |
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In Colorado, when may a peace officer effect an arrest? A. When the officer has probable cause to believe that the suspect has committed a crime B. When the officer has a warrant for the suspect's arrest C. When a crime has been committed in the officer's presence D. All of the above |
D. All of the above |
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Officers enter a house with a search warrant for stolen tires. Officers see the stolen tires, a sawed off shotgun and a locked suitcase. What is the most appropriate action for the officers to take? A. Seize the tires only. B. Seize the tires, the shotgun and the suitcase. C. Seize the tires and the shotgun. D. Seize the tires and the shotgun and order the owner to open the suitcase. |
C. Seize the tires and the shotgun. |
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In a search incident to arrest, the arresting officers may search all of the below except: A. The person and clothing of the arrestee B. The area immediately around the arrestee C. Any objects in the arrestee's possession at the time of the arrest. D. Any locked container within the arrestee's grasp |
D. Any locked container within the arrestee's grasp |
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An officer on patrol sees a lone male rapidly walking down the street carrying a portable TV set in a high crime area at 0300 hours. The officer: A. Has probable cause to arrest for suspected burglary B. Has reasonable grounds to stop the man and frisk him for weapons C. Can stop the man and seize the TV D. Can briefly stop the man and ask for a reasonable explanation of his actions |
D. Can briefly stop the man and ask for a reasonable explanation of his actions |
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When must Miranda warnings be given to a suspect? A. When the investigation has focused on him and you wish to ask some questions about the case B. When an officer has formally arrested the suspect C. When the suspect is in custody and police wish to interrogate him D. When police are booking the suspect and begin asking the suspect questions on the custody sheet. |
C. When the suspect is in custody and police wish to interrogate him |
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All of the following situations do NOT require a Miranda warning except" A. Volunteered statements made while in custody B. Spontaneous statements made while in custody C. Suspect is in custody, and an emergency situation exists D. Suspect is in custody and he is asked specific questions about the crime |
D. Suspect is in custody and he is asked specific questions about the crime |
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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. You may: A. Not approach him or question him at all since he has invoked his right to counsel B. Approach him and question him after advising him of his Miranda rights and obtaining an expressed waiver C. Question him about other crimes he may be involved in, but not the one for which he was arrested D. Approach him and question him about the crime for which he was arrested |
C. Question him about other crimes he may be involved in, but not the one for which he was arrested |
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As used in Miranda context, what does the term "Interrogation" refer? A. To any questions asked of a suspect in custody B. Only to questions relating to the specific crime under investigation C. Not only to questions relating to the specific crime but other conduct which a reasonable police officer believes would cause the suspect to incriminate himself D. To physical samples forcibly seized from a suspect |
C. Not only to questions relating to the specific crime but other conduct which a reasonable police officer believes would cause the suspect to incriminate himself |
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You have been assigned a sexual assault case and after you arrive on scene you determine that the suspect is still present. Pursuant to Miranda, which one of the following situations will most likely be subject to the exclusionary rule of evidence? A. The suspect approached you and tells you, "I did it. I raped her." B. The suspect approached you and asked you what you are doing. You tell him you are investigating a sex assault and that you would like to talk to him. You then question him and he confesses. C. You approach the suspect and tell him he is a suspect and you orally advise him of his rights but get no waiver. He confesses to you that he did the crime. D. The victim ID's the suspect, so you arrest him and cuff him and place him in the rear of the patrol car. On the way to Headquarters he tells you he wants to talk about the crime. You tell him to keep quiet, that the detectives will talk to him and you tell him not to say anything else. The suspect ignores you and says, "I'm your man, I committed the rape." |
C. You approach the suspect and tell him he is a suspect and you orally advise him of his rights but get no waiver. He confesses to you that he did the crime. |
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You put an informant into the cell with a suspect who has been charged with murder and is represented by the public defender. You tell the informant to ask the suspect about the crime and tell you what the suspect says. The suspect confesses to the informant in vivid detail about the murder. These statements will be:
A. Admissible at trial because there was no police interrogation of the suspect. B. Inadmissible at trial because the suspect's right to counsel has been violated. C. Admissible at trial because the suspect voluntarily talked to the informant D. Inadmissible because the statements lack credibility |
B. Inadmissible at trial because the suspect's right to counsel has been violated. |
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At what point must an individual be advised of their Miranda rights? A. Before the officer asks him any questions B. When being placed under arrest C. Before being stopped and frisked D. Only when in custody and being asked questions by an officer or other agent of the government |
D. Only when in custody and being asked questions by an officer or other agent of the government |
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On a traffic stop, if you wish to question the driver, must you advise them of their Miranda rights? A. Yes, as soon as you approach the car B. Yes, as soon as you make up your mind that you're going to arrest him C. Yes, anytime that you suspect the driver may be involved in a felony D. Yes, after you formally place the driver under arrest and take him into custody for questioning |
D. Yes, after you formally place the driver under arrest and take him into custody for questioning |
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The Sixth Amendment to the U.S. Constitution guarantees a certain right. That specific right is most clearly identified from which of the below statements? A. The right to assistance of legal counsel B. The right against unreasonable stop and frisk C. The right against unreasonable searches D. The right against self-incrimination |
A. The right to assistance of legal counsel |
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All of the following are defenses, which may be raised in a civil lawsuit except: A. Qualified immunity B. Failure to investigate C. Sudden emergency D. Assumption of risk |
B. Failure to investigate |
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Which of the following are correct statements distinguishing civil law from criminal law? A. In a civil suit the burden of proof is by a preponderance of the evidence whereas in a criminal charge it is beyond a reasonable doubt. B. A criminal charge is instituted to redress harm to an individual brought by the State C. In a criminal case the injured party is merely a witness, whereas in a civil suit the injured party is ordinarily the person bringing the lawsuit. D. The concept of double jeopardy applies to criminal cases but not to civil suits. E. All of the above are correct |
E. All of the above are correct |
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A TORT is typically an injury or damage against which of the below? A. The State B. A private person C. The police officer D. The City |
B. A private person |
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The burden of proof in a civil suit against a police officer for false arrest and assault and battery is: A. Beyond a reasonable doubt B. By a preponderance of the evidence C. By a possibility of the evidence D. By clear and convincing evidence |
B. By a preponderance of the evidence |
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Which of the following generally indicate a case is civil rather than criminal? A. A preliminary hearing has been scheduled in the matter B. Punitive damages are being sought. C. The governmental entity is the party bringing the action D. A Grand Jury is convened. |
B. Punitive damages are being sought. |
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A police officer is most likely to be prosecuted criminally for violation of federal civil rights in which of the following circumstances? A. An officer along with other officers conspire and threaten a defense witness to prevent him testifying on behalf of a criminal defendant. B. An officer, based upon information provided to him by an eyewitness, files assault charges against a suspect. C. The officer failed to report another officer who admits he conducted an illegal search. D. The officer failed to report another officer who was working off duty without departmental permission. E. The officer made racially derogatory comments to a suspect he was arresting. |
A. An officer along with other officers conspire and threaten a defense witness to prevent him testifying on behalf of a criminal defendant. |
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Lawsuits against police officers for violations of civil rights are most commonly brought in which court? A. Small Claims Court B. County Court C. State District Court D. U.S. District Court |
D. U.S. District Court |
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The primary defense a police officer may raise in defending a civil suit for an alleged violation of an individual's civil rights is which of the below? A. Immunity under the Colorado Governmental Immunity Act B. "Good Faith" C. Immunity under the Federal Civil Rights Act D. Justification |
B. "Good Faith" |
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All of the following are elements of negligence except: A. Strict liability B. Breach of Duty C. Damages D. Proximate Cause |
A. Strict liability |
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A police officer involved in the negligent operation of a police vehicle on a non-emergency bases is: A. Immune from suit under the Colorado Governmental Immunity Act B. Immune from suit except for willful and wanton conduct C. Has the same potential for liability as a private citizen D. Always has the good faith defense |
C. Has the same potential for liability as a private citizen |
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Pursuant to C.R.S. 42-4-106, a police officer operating an emergency vehicle in an emergency may: A. Park or stand as the situation dictates B. Proceed past a red or stop signal but only after slowing as may be necessary for safe operation C. Exceed the maximum speed limit so long as he does not endanger life or property D. Disregard regulations governing direction of movement or turning E. All of the above |
E. All of the above |
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Which of the following must an officer do to be protected by the emergency vehicle doctrine when responding to an emergency call in his patrol vehicle? A. Operate the police vehicle in accordance with the state traffic laws B. Operate the police vehicle with lights or siren C. Operate the police vehicle making use of audible and visual emergency signals meeting the state emergency vehicle equipment standards D. Operate the police vehicle with lights, and if entering an intersection, with lights and siren. |
B. Operate the police vehicle with lights or siren |
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Usually if officers are sued successfully for acts within the scope of their employment the governmental employer is required to indemnify or pay the judgement against the officer for what type of damages? A. Compensatory damages B. Punitive damages C. Both compensatory and punitive damages D. Costs of the defense only |
A. Compensatory damages |
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Which of the following is most clearly outside the scope of the officer's employment? A. An officer driving home from work in Aurora witnesses a crime and apprehends a suspect B. An officer on duty and in full uniform stops a car driven by her ex-husband to argue with him over the late child support payments. C. An officer mistakenly arrests the wrong person on a warrant. D. An officer observes a traffic violation, but does not make a stop. |
B. An officer on duty and in full uniform stops a car driven by her ex-husband to argue with him over the late child support payments. |
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A police officer is working off-duty and in uniform at Joe's Bar and Grill. He makes an arrest for disturbing the peace. He is acting within scope of his employment for whom? A. For the bar B. For the city C. For both the bar and the city D. For himself |
C. For both the bar and the city |
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Which agency is responsible for investigating the murder of the U.S. President? A. CIA B. DEA C. U.S. Secret Service D. FBI |
D. FBI |
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Pursuant to the Colorado Revised Statutes, all persons who actively participate in a crime are considered to be which of the below: A. Principal B. Accomplice C. Complicitor D. Accessory |
A. Principal |
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An officer is attempting to prove that certain property was stolen from an individual. Which of the below would be a required element in order to prove that the crime of theft occurred? A. Analyze the surveillance tapes if the crime occurred in a gas station, bank, or somewhere else B. Watch the gestures, movements, and actions for the property to be handed over C. Ask the suspect general questions about whether the property was taken in the presence of the owner D. Ask the owner to verify the value of the stolen property |
D. Ask the owner to verify the value of the stolen property |
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When executing a search warrant, which of the following is NOT allowed? A. Seize evidence found in plain view B. Search the house and all closed areas within the house C. Routinely frisk everyone in the house D. Use deception to gain entry |
C. Routinely frisk everyone in the house |
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What is the most appropriate charge if an individual blows up another's mailbox with a stick of dynamite? A. Defacing Property B. Second Degree Arson C. First Degree Criminal Trespass D. Vandalism |
B. Second Degree Arson |
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If a father marries his 20-year-old daughter, what crime has been committed? A. Sexual Assault B. Incest C. Aggravated Incest D. Contributing to the delinquency of a minor |
C. Aggravated Incest |
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What is a common denominator concerning gangs? A. Consciously exploiting the differences between juvenile and adult law, using younger members whenever possible to avoid adult sanctions B. Utilizing the sale of illegal drugs to expand and recruit membership C. Vandalism in the form of graffiti and the wanton destruction of public property D. The intent to disrupt society's social organization |
A. Consciously exploiting the differences between juvenile and adult law, using younger members whenever possible to avoid adult sanctions |
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What physical descriptors are commonly kept in police files for criminals? A. Color of clothing, style of hair and clothing, jewelry worn B. Mental, emotional and psychological characteristics as well as behavior patterns. C. Physical characteristics, DOB, age, race, height, weight, tattoos, unusual marks, color of eyes and hair D. Type of jewelry, clothing, shoes and length of hair |
C. Physical characteristics, DOB, age, race, height, weight, tattoos, unusual marks, color of eyes and hair |
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At a domestic violence call an officer should do which of the following? A. Render first aid B. Give referrals C. Provide counseling D. Arrest if probable cause is present |
D. Arrest if probable cause is present |
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The legal definition of "consciously disregarding the risk" most closely defines: A. Reckless conduct B. Negligent conduct C. Intentional conduct D. Strict liability |
A. Reckless conduct |
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What is the basic responsibility of the Colorado State Patrol? A. Enforcement of traffic laws and motor vehicle safety B. Investigation of all criminal offenses C. Assisting smaller agencies with no police resources D. Act as a State investigative police agency |
A. Enforcement of traffic laws and motor vehicle safety |
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What is the best way to ensure the effectiveness and reliability of "community oriented policing" in an agency? A. Involve the Chief B. Set realistic goals C. Constant monitoring and evaluation D. Reduce decision making to its lowest level |
D. Reduce decision making to its lowest level |
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Other than murder, treason, kidnapping, forgery (or attempts, solicitations, conspiracy to commit these crimes), the statute of limitations for felonies is how many years? A. 10 years B. 5 years C. 3 years D. 1 year |
C. 3 years |
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What legal principle influences the decision making process of the Colorado Courts? A. Stare Decisis B. Mens Rea C. Actus Reus D. Habeus Corpus |
A. Stare Decisis |
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Colorado Courts must adhere to what other jurisdictional court decisions? A. 10th federal circuit opinions B. 11th federal circuit opinions C. California Supreme Court opinions D. Colorado Superior Court opinions |
A. 10th federal circuit opinions |
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How do you properly execute a "strip search" at a crime scene? A. The search area is divided into equal squares on a map of the area; search personnel are then assigned to specific squares B. The officer starts at the beginning of the first lane, goes to the end and then begins at the end of the second lane C. The search area begins at the center of the area to be searched and spreads out over ever-widening concentric circles D. The entire area is divided into a grid pattern, the officer then searches clockwise through each individual grid |
B. The officer starts at the beginning of the first lane, goes to the end and then begins at the end of the second lane |
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Pursuant to the C.R.S., it is illegal to engage in sexual activity with which of the below? A. Stepchild under 21 years of age B. Adopted child over 21 years of age that is married to the alleged offender C. Any relative of the half-blood D. First cousin |
A. Stepchild under 21 years of age |
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The statutory communication privilege applies to which of the below? A. CPA B. Stockbroker C. Priest or Rabbi D. Teacher |
C. Priest or Rabbi |
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C.R.S. defines "sexual exploitation of a child" as: A. Any person who sells, exchanges, barters, or leases a child and receives any money in connection therewith B. Any person who perpetrates sexual penetration or intrusion on a child C. Any person who knowingly or recklessly causes serious bodily injury to a child D. Any person, who knowingly causes, induces, entices, or permits a child to engage in, or be used for, any explicit sexual conduct for the making of sexually exploitative material. |
D. Any person, who knowingly causes, induces, entices, or permits a child to engage in, or be used for, any explicit sexual conduct for the making of sexually exploitative material. |
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What distinguishes the crime of third degree assault from reckless endangerment? A. The focus of third degree assault is the intent to cause fear of SBI B. The distinguishing element is the intent to commit a crime therein C. A person can commit third degree assault without creating the risk of SBI D. There is no distinguishing element between the two crimes. |
C. A person can commit third degree assault without creating the risk of SBI |
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What distinguishes the crimes of second degree kidnapping and false imprisonment? A. In second degree kidnapping there must be a lack of consent from the victim B. In second degree kidnapping there must be movement of the victim C. In second degree kidnapping the victim must sustain bodily injury D. In second degree kidnapping the victim must sustain SBI |
B. In second degree kidnapping there must be movement of the victim |
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Can a 14-year-old son be compelled to testify against his father? A. No, not at any time due to statutory privilege afforded under CRS. B. Yes, but only when the son is classified as a victim C. No, not at any time because the established relationship is by sanguinity D. Yes, because there is no statutory privilege |
B. Yes, but only when the son is classified as a victim |
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Who signs off on a felony complaint? A. District Attorney B. County Court C. Supreme Court D. Probation Department |
A. District Attorney |
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Which of the below listed courts has jurisdiction regarding child custody concerning dependency and neglect cases? A. The County Court B. The District Court C. The Municipal Court D. The Small Claims Court |
B. The District Court |
