(EXAM 2 Study) MSSU Spring 25 Police Academy

A seizure is the examination of a person or area in order to discover evidence, contraband or weapons. A search may be a systematic combing of a premise or something as simple as the turning over of a piece of stereo equipment to check the serial number.

True or False?

False

After reading the following scenario, decide which was the proper action taken and under what authority the officer acted.

Scenario: Police officers seeking to arrest X for burglary, arrest him after he parks his car and is walking toward his motel room. The officers have neither an arrest warrant nor a search warrant. Indicate under what authority, if any, the following searches may be justified.

Yes or No

Yes

How long is a “reasonable time” for a search based on a search warrant?

the evidence named on the warrant has been found

When the person in charge of the search has to go home.

when all places within the area named in the warrant where the items sought could be hidden have been searched.

Both A and C

Both A and C

An Information is a written statement of the charges against a party suspected of a crime and the facts (probable cause) to support those charges. It is issued by the County Clerk.

True or False?

False

Consent searches require:

Probable cause but no warrants

Neither warrants nor probable cause

Reasonable suspicion

Proof of the commission of a major crime

Neither warrants nor probable cause

Normally, once you leave the area being searched, the search warrant is no longer valid. If you need to get back in, a new warrant will be needed.

True or False

True

After reading the following scenario, decide which was the proper action taken and under what authority the officer acted.

Scenario: Police officers seeking to arrest X for burglary, arrest him after he parks his car and is walking toward his motel room. The officers have neither an arrest warrant nor a search warrant. Indicate under what authority, if any, the following searches may be justified.

The topcoat that X is carrying as he was arrested.

No search would be justified

Carroll Doctrine (automobile search)

Search incident to lawful arrest

Protective sweep

Abandoned property

Search incident to lawful arrest

An included offense is one which can not be proved by the same or fewer facts than the offense charged.

True or False?

False

A Missouri search warrant remains in effect for thirty days from the date of issue.

True or False?

False

A violation is an infraction if it is so designated or if no other sentence that a fine, or a fine and forfeiture or other civil penalty is authorized.

True or False?

True

After reading the following scenario, decide which was the proper action taken and under what authority the officer acted.

Scenario: Police officers seeking to arrest X for burglary, arrest him after he parks his car and is walking toward his motel room. The officers have neither an arrest warrant nor a search warrant. Indicate under what authority, if any, the following searches may be justified.

If it was determined that the car was rented from an auto rental agency, could the officer obtain consent to search from the rental agency and then search the car?

Yes or No?

No

Generally, the “reasonable area” for a search based on a warrant is the area specified in the warrant.

True or False?

True

After reading the following scenario, decide which was the proper action taken and under what authority the officer acted. Scenario: Police officers seeking to arrest X for burglary, arrest him after he parks his car and is walking toward his motel room. The officers have neither an arrest warrant nor a search warrant. Indicate under what authority, if any, the following searches may be justified. X's motel room in which the police have probable cause to believe are items taken in the burglary.

No search would be justified

Carroll Doctrine (automobile search)

search incident to a lawful arrest

Inventory

Abandoned property

No search would be justified

After reading the following scenario, decide which was the proper action taken and under what authority the officer acted. Scenario: Police officers seeking to arrest X for burglary, arrest him after he parks his car and is walking toward his motel room. The officers have neither an arrest warrant nor a search warrant. Indicate under what authority, if any, the following searches may be justified. Another man who was a passenger in X's car, and was walking with X as he was arrested.

No search would be justified

Carroll Doctrine(automobile search)

Search incident to a lawful arrest

Inventory

Abandoned property

No search would be justified

Ordinarily the fact that a defendant was in an intoxicated or drugged condition will not affect his criminal liability.

True or False?

True

After reading the following scenario, decide which was the proper action taken and under what authority the officer acted.

Scenario: Police officers seeking to arrest X for burglary, arrest him after he parks his car and is walking toward his motel room. The officers have neither an arrest warrant nor a search warrant. Indicate under what authority, if any, the following searches may be justified.

X's car which is 300 feet away from the place where X was arrested.

No search would be justified

Carroll Doctrine (automobile search)

Search incident to a lawful arrest

Inventory

Abandoned property

No search would be justified

According to the Supreme Court opinion in Carroll v. United States, involving the search of an automobile:

Probable cause is not required

A warrant is not required

Neither probable cause or a warrant is required

Both probable cause and a warrant is required

A warrant is not required

Offenses are classified as felonies and misdemeanors.

True or False?

True

A Grand Jury is a body of citizens, between 9 and 12 in number in St. Louis County, 13 to 23 in many other jurisdictions, whose duty it is to determine if probable cause of an offense exists and to issue an indictment if it does.

True or False?

True

After reading the following scenario, decide which was the proper action taken and under what authority the officer acted. Scenario: Police officers seeking to arrest X for burglary, arrest him after he parks his car and is walking toward his motel room. The officers have neither an arrest warrant nor a search warrant. Indicate under what authority, if any, the following searches may be justified. An object X was seen throwing away as the police approached him.

No search would be justified

Carroll Doctrine (automobile search)

Search incident to a lawful arrest

Inventory

Abandoned property

Abandoned property

An application for an Affidavit __

must be in writing.

state the time and date of the making of the application.

state facts sufficient to show probable cause for the issuance of a search warrant.

All of the above

All of the above

All property of every kind including cash or other negotiable instruments used or intended for use in the course of, derived from, or realized through criminal activity is subject to civil forfeiture.

True or False?

True

As a rule of thumb, evidence should be no more than 24-36 hours old when the application for a search warrant is made.

True or False?

True

Tim comes home to his apartment late one night after he had been drinking. Tim's key will not fit into the lock. Upset, Tim kicks in the door. To his surprise, it's not his apartment. Tim leaves immediately. Tim should be charged with:

Burglary

Trespass

Robbery

Stealing

Tampering

Trespass

The law authorizes peace officers to take a person into custody and transport them to an alcohol or drug abuse facility if the officer has reasonable cause to believe serious physical harm is imminent to that person or other persons as a result of the abuser's drug or alcohol use.

True or False?

True

John is stopped in his car by the police. John has an unloaded .45 cal. pistol concealed under the front seat of his car. There is no ammunition in the car or on John's person. John should:

Be charged with unlawful use of a weapon

Not charged with unlawful use of a weapon

Charged with armed criminal action

Both A and C

Not charged with unlawful use of a weapon

John calls Spence on the phone and threatens to kill him. John could be charged with:

Harassment first degree

Third Degree Assault

Second Degree Assault

First Degree Assault

Spence did not commit a crime

Harassment first degree

Mike is mad at Joe. Mike unlawfully enters Joe's house and starts a fire. Unknown to Mike, Joe is upstairs in the house when Mike starts the fire. Mike should be charged with:

Burglary in the First Degree and Arson in the First Degree

Burglary in the Second Degree and Arson in the First Degree

Burglary in the Second Degree

Burglary in the First Degree

Arson in the First Degree

Burglary in the First Degree and Arson in the First Degree

John is intoxicated, traveling 95 mph in a 45 mph zone in his car and unintentionally strikes Cindy a 2nd grade student, who is killed. John should be charged with:

First Degree Murder

Second Degree Murder

Voluntary Manslaughter

Involuntary Manslaughter

First Degree Assault

Involuntary Manslaughter

Deviate sexual intercourse means any penetration, however slight, of the female sex organ by the male sex organ regardless of whether an emission results.

True or False?

False

Jim comes home and finds his wife Mary in bed with Mike. Jim is enraged and shoots and kills Mike. Jim should be charged with:

First Degree Murder

Second Degree Murder

Voluntary Manslaughter

First Degree Assault

No crime occurred; Mike got what he deserved

Voluntary Manslaughter

Angie and Marie agree that they will rob the 1st National Bank. Angie buys the gun and Marie buys the ski masks. The police find out that they are planning to rob the bank and arrest Angie and Maire. They should be charged with:

Conspiracy to commit Robbery in the First Degree

Attempt to commit Robbery in the First Degree

Armed Criminal Action

Robbery in the First Degree

Unlawful Use of a Weapon

Conspiracy to commit Robbery in the First Degree

Jenny, Tom's wife (age 21), refuses to have sexual intercourse with Tom. Tom forces Jenny to have sexual intercourse without her consent by threatening his wife with a knife. Tom should be charged with:

Be charged with Rape

Not be charged with Rape since he and Jenny are married

Not be charged with Rape since Jenny is over the age of 14

B or C

Be charged with Rape

Steve goes to the Quick Shop convenience store and threatens the clerk by telling him that he is going to break his arm if he does not give him the money in the cash register. Steve steals the money. Steve should be charged with:

Armed Criminal Action

Robbery in the First Degree

Robbery in the Second Degree

Property damage in the First Degree

Both A and B

Robbery in the Second Degree

"Deadly Weapon" as defined by Missouri Criminal Code would include:

A switchblade knife

A firearm

A frying pan

A hammer

A and B only

A and B only

Harvey hates Marie. Harvey buys a high powered rifle and waits for Marie to leave her house. When Marie leaves her house, Harvey shoots and kills Marie. Harvey will probably be charged with:

First Degree Murder

Second Degree Murder

Voluntary Manslaughter

First Degree Assault

Second Degree Assault

First Degree Murder

Which of the following is not an element of First Degree Murder?

A person has the culpable mental state of purposely

A person causes the death of another person

A person deliberates before the act

All of the above are elements of the offense of First Degree Murder

None of the above are elements of First Degree Murder

A person has the culpable mental state of purposely

Spence sees Jerry on the street and tells him that he is "going to kick his ass." Spence should be charged with:

Harassment

Assault in the Fourth Degree

Assault in the Second Degree

Assault in the First Degree

Assault in the Fourth Degree

Bobby takes Ben's vehicle without Ben's consent. Bobby goes by and picks up several of his friends and they drive Ben's car around for several hours. After several hours, Bobby abandons the vehicle. Bobby is arrested several days later and tells the police that he just took Ben's vehicle to joyride. Bobby should be charged with:

Tampering in the First Degree

Tampering in the Second Degree

Felony Stealing

Misdemeanor stealing

Tampering in the First Degree

Jim is mad at Shane. Jim swings his fist at Shane but does not hit him. Jim could be charged with:

First Degree Assault

Second Degree Assault

Fourth Degree Assault

Both B and C

No crime has been committed

Fourth Degree Assault

John unlawfully enters Michelle's house when Michelle was away from home. John stole Michelle's CD player (valued at $100), a credit card, and a six pack of Coors. John should be charged with:

Burglary in the Second Degree

Burglary in the First Degree

Felony Stealing

Both B and C

Both A and C

Both A and C

Henry has an arguement with his neighbor Fred in the alley behind their houses. Henry is so mad at Fred that he pulls a gun from his waistband and holds it to Fred's head. Henry drags Fred into his garage. The police respond to the scene. Henry refuses to release Fred unless he is given $1,000. Henry should be charged with:

Kidnapping

Felonious Restraint

False Imprisonment

Interference with Civil Liberty

Abduction

Kidnapping

A person "knowingly" with respect to his conduct when:

he is aware that his conduct is practically certain to cause that result.

he is consciously disregards a substantial and unjustifiable risk.

he fails to be aware of substantial and unjustifiable risk.

it is his conscious object to engage in that conduct or cause that result.

he is aware that his conduct is practically certain to cause that result.

A person acts “recklessly” when:

he is aware that his conduct is practically certain to cause that result

he consciously disregards a substantial and unjustifiable risk

he fails to be aware of a substantial and unjustifiable risk

it is his conscious object to engage in that conduct or cause that result

he consciously disregards a substantial and unjustifiable risk

All assaults on police officers are felonies.

True or False?

False

Jeff and John go to the bank armed with .45 cal. handguns, wearing ski masks to rob the bank. The bank is closed when they arrive. The police arrive and John confesses that they were going to rob the bank. They should be charged with:

Attempt to commit robbery

Conspiracy to commit robbery

Robbery in the First Degree

Robbery in the Second Degree

Jeff and John did not commit a crime

Attempt to commit robbery

John unlawfully enters Michelle's house when Michell is present in the house. John steals Michelle's CD player (valued at $100), a credit card, and a six pack of Bud. John should be charged with:

Burglary in the Second Degree

Burglary in the First Degree

Felony Stealing

Both B and C

Both A and B

Both B and C

A crime punishable by imprisonment in a state prison is a(n)

mala in se

misdemeanor

infraction

felony

felony

With certain exceptions a person is not guilty of an offense unless she acts with a culpable mental state.

True or False?

True

Area immediately surrounding the house?

Curtilage

Allowed for officer’s safety (outer clothing only)?

Frisk

Search must be limited to where an individual can hide?

Protective Sweep

Illegal to possess?

Contraband