Term
| When is an officer justified in putting a mentally ill person in jail? |
|
Definition
| When there is no room in an institution and he is placed in jail for safety reasons. Only a facility that is suitable and readily available. A mentally ill person may only be held in a jail for a maximum of 24 hours. |
|
|
Term
| What are characteristics of a hate crime? |
|
Definition
| No gain is made and property is usually not stolen. Typically involves harassment or assault. |
|
|
Term
| Under the CRS what can a victim request in writing? |
|
Definition
| Release date of the offender and parole date |
|
|
Term
| By law who must report child abuse? |
|
Definition
| Teachers, school authorities, childcare personnel, physicians, therapists, etc... Any school employee (i.e. janitor) |
|
|
Term
| What is the essential element of a "hostile work environment" for sexual harassment? |
|
Definition
| Adverse effect on work performance |
|
|
Term
| What BAC level will determine whether someone is DUI? |
|
Definition
|
|
Term
| What is the object of the Rhomberg technique when getting an individual to perform a consensual DUI roadside exam? |
|
Definition
| to divide the suspect's attention |
|
|
Term
| When a drunk driver strikes an intoxicated pedestrian and kills him, what would be the most appropriate criminal charge? |
|
Definition
|
|
Term
| When can an officer arrest without a warrant? |
|
Definition
when someone has committed a crime in an officer's presence
when the officer has PC to believe the suspect committed a crime
upon complaint from a victim/witness/citizen |
|
|
Term
| How many individuals are required to be used when utilizing a 'physical line up'? |
|
Definition
| At least five (other than the suspect) should be used and all must be the same height, weight and of compatible race. You may also ask them to perform the same actions and speak the same words. |
|
|
Term
| A person is in the hospital from an assault and is dying, could you question the individual about the suspect's identity? |
|
Definition
| Yes, you could seek a dying declaration from the victim that will aid in identification and prosecution of the killer |
|
|
Term
| When you respond to a domestic violence complaint and physical violence is evident, what should you do? |
|
Definition
| arrest the aggressor/perpetrator based on this PC |
|
|
Term
| If you set a fire to a building owned by another, what is one of the primary elements required under the CRS to be charged with 1st degree arson? |
|
Definition
| No consent of owner, remember it has to be real property of another |
|
|
Term
| A person is issued a municipal summons for harboring a vicious dog and that animal is impounded in the local animal shelter. The owner later that night goes to the animal shelter, climbs and jumps the fence surrounding the shelter and removes his dog. What is the most appropriate criminal charge? |
|
Definition
2d Degree Burglary (18-4-203)
Because the shelter is an enclosed area with animals physically present and now fits the definition of an 'occupied structure' under the property crimes definitions |
|
|
Term
| When can a juvenile be subject to a "direct filing" (i.e. criminal charges filed by the DA in the district court as an adult.)? |
|
Definition
When they are 16 or 17 years old and charged with class 1 felonies, class 2 felonies, crimes of violence felonies or sex offenses if the juvenile has previous felony adjudication, violent sex offenses, and instances in which the juvenile was subject to certain previous district court proceedings
If, after a preliminary hearing, the district court does not find probable cause for a direct file eligible offense, the court shall remand the case to the juvenile court
|
|
|
Term
| Under the Victim's Rights Amendment and CRS Title 24, a victim is entitled to what type of information? |
|
Definition
| Information about charges filed when suspect has been arrested |
|
|
Term
| A group of young juveniles are caught spray painting a wall belonging to a local business owner; such behavior would be classified as what kind of crime? |
|
Definition
| defacing property (graffiti) |
|
|
Term
| The crime of 'enticement of a child' is most closely associated with what type of behavior? |
|
Definition
| Lure for a sexual assault |
|
|
Term
| An attorney compensated by the state of Colorado to defend an indigent person charged with a serious felony is known as? |
|
Definition
|
|
Term
| What is the order of procedure in the courtroom trial? |
|
Definition
Jury selection
opening statement
state's case (prosecutor)
defendant's case
jury instruction
closing statement |
|
|
Term
| What constitutional rights are protected by the First Amendment? |
|
Definition
| Freedom of speech, religion, press, and right to assemble peacefully |
|
|
Term
| One of the most common examples of a negligent tort in which an officer may be involved is: |
|
Definition
| an auto accident where the officer negligently (by accident, omission, mistake or error) failed to act reasonably which resulted in an injury to another |
|
|
Term
| When is a suspect required to be advised of Miranda? |
|
Definition
| When the suspect is in custody and under interrogation |
|
|
Term
| The legal proposition for which Terry v Ohio stands is: |
|
Definition
| LE officers, articulating reasonable suspicion, may stop, detain and question an individual based on RAS that the individual was involved, is involved and will be involved in criminal activity and may detain for a reasonable period of time based upon the totality of circumstances. The officers may only frisk when they can articulate facts sufficient to believe that the individual may be armed with a dangerous instrumentality on or near his person. |
|
|
Term
| What is an example of direct evidence? |
|
Definition
| Witness testimony or physical evidence are both considered direct evidence |
|
|
Term
| What is an example of physical evidence? |
|
Definition
| any real evidence (items) that can be felt & seen by the jury |
|
|
Term
| When a person writes or cashes a check without sufficient funds in his account and is aware of that fact, and intends to defraud another, what is the most appropriate charge? |
|
Definition
|
|
Term
| What type of identification is made when a witness is taken to ID a suspect within minutes after a crime was committed? |
|
Definition
| A field identification also known as a 'show up' |
|
|
Term
| The main element of 4th degree arson is? |
|
Definition
| knowingly or recklessly endangering a person or building by means of causing an explosion or starting a fire |
|
|
Term
| What actions define the crime of Robbery? |
|
Definition
| Property taken from or within the presence of a person, by the use of force, threats or intimidation |
|
|
Term
| What is the definition of aggravated robbery? |
|
Definition
| Same elements as robbery but also includes the use of a deadly weapon (or facsimile weapon - if suspect acted, pretended, or stated he had a deadly weapon) and intended to be used to kill, maim or threaten injury to the victim |
|
|
Term
| May a resident of Canada or Mexico drive their personally owned vehicle in the state of Colorado? |
|
Definition
| Yes if the vehicle is registered in their own country |
|
|
Term
| What is the definition of a bias motivated crime? |
|
Definition
| Harassment of another person because of their race, color, religion, national origin, physical disability, or sexual orientation |
|
|
Term
| In a DUI, when an officer contacts the driver what should the officer also do? |
|
Definition
| Look for bottles or cans, try to smell breath, and look for physicaL signs of intoxication |
|
|
Term
| Only by using binoculars an officer sees cocaine in the second story of a house from 1000 feet away; could you use this as admissible evidence? |
|
Definition
Not admissible, must be seen with naked eye
Officers may use binoculars to view crime related activity or evidence if they could have seen the activity with the naked eye from a closer position and they had a lawful right to be in the closer position but chose not to be closer usually for fear of detection.
|
|
|
Term
| How many days would you have to renew your vehicle registration after it expires? |
|
Definition
| Pursuant to Title 42 you only have 30 days |
|
|
Term
| What is the legal purpose of reviewing physical evidence in preparation of a case for trial? |
|
Definition
| making sure it was legally obtained |
|
|
Term
| What is the purpose of Colorado's expressed consent statute? |
|
Definition
| by accepting a driver's license in CO and by the act of driving you agree to take a chemical test of your blood or breath if an officer articulates PC to believe you are driving DUI/DWAI/DUID |
|
|
Term
| When a school bus stops and initiates its warning lights and sign indicating it is stopping to pick up children, drivers do not need to stop if the school bus is stopped on _________________________________. |
|
Definition
|
|
Term
| When LE officers violate the civil rights of others they may be subjected to civil suits based on which federal statute? |
|
Definition
| Title 42 USC Section 1983 (federal civil rights statute) |
|
|
Term
| When would a governmental employee not have to pay a civil damages (judgment) for actions taken by its employees (officers) damages? |
|
Definition
| When the officers act outside the scope of their employment and punitive damages are awarded |
|
|
Term
| When a drug dealer sells to a 14 year-old, on school grounds and the person dies, what is the charge? |
|
Definition
|
|
Term
| What power do all parts of the criminal justice system have? |
|
Definition
|
|
Term
| Eighty percent of all convictions come from _____ _________________________. |
|
Definition
|
|
Term
| What foundational requirement (level of evidence) is needed to detain an individual on an emergency mental health hold? |
|
Definition
|
|
Term
| Title 18 article 12 allows certain individuals to carry a 'dangerous weapon'. Who are they? |
|
Definition
| Active Military, peace officers, members of CO national guard, in performance of their duties; or any person having a valid permit or license to carry such weapons |
|
|
Term
| What would be considered 2d degree criminal tampering? |
|
Definition
| knowingly making an unauthorized connection with the property of a utility |
|
|
Term
| What makes burglary, 1st degree burglary? |
|
Definition
| If the person assaults or menaces someone during the crime or the suspect(s) is/are armed with deadly weapon/explosive and uses those items in a manner intended as a deadly weapon |
|
|
Term
| What elements are involved with inciting a riot? |
|
Definition
| When a person incites or urges a group of five or more persons to engage in a current or impending riot |
|
|
Term
| What types of weapons are known as 'illegal weapons' in Colorado? |
|
Definition
| Brass or metallic knuckles, blackjack, gas gun, gravity knife, switchblade knife |
|
|
Term
| What class of offense is leaving the scene of an accident involving a death? |
|
Definition
|
|
Term
| What class of offense is possession of drug paraphernalia? |
|
Definition
|
|
Term
| How many days does Colorado law allow for an individual to change the address on a driver license? |
|
Definition
|
|
Term
| Who is the first person you should notify when taking a juvenile into temporary custody? |
|
Definition
| The parent, guardian or legal custodian |
|
|
Term
| What is the first notification that must be made when taking a juvenile into custody? |
|
Definition
| The screening team must be notified |
|
|
Term
| What is the primary purpose of the courts providing bail or bond to a criminal defendant? |
|
Definition
|
|
Term
| What is the CO State Patrol's main role in LE? |
|
Definition
| To enforce state traffic laws and keep state roads and highways safe for the motoring public |
|
|
Term
| Once completed, how many days does an officer have to turn in an accident report? |
|
Definition
|
|
Term
| What does an emergency vehicle have the right to do under Title 42 of the emergency vehicle statute? |
|
Definition
| Proceed past a red light or stop sign, but only after slowing down, as may be necessary for safe operation |
|
|
Term
| How many years should a person's previous DUIs be noted on the DUI report? |
|
Definition
|
|
Term
| What does the case Stone v People represent? |
|
Definition
| The CO case pertaining to Terry Stops and Frisks |
|
|
Term
| What does the case Dunaway v New York represent? |
|
Definition
| All arrests require probable cause |
|
|
Term
| If a LE officer sees drugs in 'plain view' what is the officer's authority? |
|
Definition
| Seize it but normally can search no further |
|
|
Term
| If an officer has PC that crime related evidence is in a vehicle and he can't get consent, the officer is required to do what? |
|
Definition
|
|
Term
| What type of evidence is used to 'imply' something? |
|
Definition
|
|
Term
| Civil cases between individuals are normally filed by whom? |
|
Definition
|
|
Term
| A criminal case against an individual can only be filed by whom? |
|
Definition
| local prosecutor on behalf of the People of the State of Colorado |
|
|
Term
| When would a judge or jury acquit a defendant on a criminal case? |
|
Definition
| When a reasonable person would believe there is not enough evidence to convict or prove the case beyond a reasonable doubt |
|
|
Term
| What do the two theories 'quid pro quo' & 'hostile work environment' harassment have in common? |
|
Definition
|
|
Term
| When there is gross deviation from the unreasonable standard of care and one negligently causes the death of another, what is the most appropriate charge? |
|
Definition
| criminally negligent homicide |
|
|
Term
| A suspect breaks into a home, the owner confronts the suspect with a gun, the suspect states, 'I won't hurt you and I'm leaving now.' The owner shoots and kills the suspect. Under these facts, is there a valid defense under CO's deadly force against intruder law? |
|
Definition
| No, because the homeowner could not reasonably believe that the burglar posed a threat |
|
|
Term
| Under what circumstances would a driver commit the crime of vehicular assault? |
|
Definition
| When the individual drives recklesslly and someone other than the driver suffers SBI |
|
|
Term
| For a 'quid pro quo' sexual harassment case to be filed, what element must one prove in order to make such a claim? |
|
Definition
| Perpetrator must be one in a position of power (superior vs subordinate) |
|
|
Term
| What type of ID is considered proper ID under state liquor code? |
|
Definition
DL/ID Card issued by any State with a photograph
Passport
Alien registration card
Military ID
D/L from Canada or Mexico, or any US Territory |
|
|
Term
| When can an officer strip-search someone? |
|
Definition
| when the person is a parolee or inmate in a correctional facility |
|
|
Term
| When can you deny an inmate a request to call someone? |
|
Definition
| When the inmate has violated a restraining order not to contact certain people and he does, you can deny his request for a call, unless it's his attorney |
|
|
Term
| When is a juvenile confession admissible? |
|
Definition
| when the juvenile is in custody, has been advised of Miranda, and his lawyer is present and parents not there |
|
|
Term
| What is considered a 'contact' as described by Terry v Ohio? |
|
Definition
| An individual can leave at any time and the officer has no legal authority to hold the person |
|
|
Term
| What is a detention as described under Terry v Ohio? |
|
Definition
| An individual is held in a certain place for a reasonable period of time based upon RAS and the totality of the circumstances |
|
|
Term
| To prove a false imprisonment charge, what would the prosecutor have to have? |
|
Definition
| the victim must be aware of the fact that he was not able to leave at the time the imprisonment occurred |
|
|
Term
| Pursuant to state statue, certain individuals can possess a firearm on school grounds, provide an example. |
|
Definition
| Police officer or school official if it's part of their official duties |
|
|
Term
| What is the primary purpose of the automobile inventory search? |
|
Definition
| for protection of the person's valuable private property and to reduce an officer's (and agencies) civil liability and potential claims of damaged property or theft |
|
|
Term
| What is the purpose of an arraignment? |
|
Definition
| to inform the perpetrator of the charges against them and for the defendant to enter a plea |
|
|
Term
| What would be considered consent for purposes of the sex offense statutes? |
|
Definition
| consent that would be based on an attitude or act of free will and done with knowledge of the nature of the act |
|
|
Term
| The most important factor of proof of 1st Degree Murder of a Peace Officer is? |
|
Definition
| Whether or not the suspect knew or should have reasonably known the person was an officer. Officer must identify themselves by more than mere verbal advisement if they are in plain clothes. |
|
|
Term
| When can an officer conduct a legal roadside sobriety exam? |
|
Definition
| only with the consent of the suspect |
|
|
Term
| An area that may be of legal concern in child dependency and neglect is? |
|
Definition
| failure to provide the child an education |
|
|
Term
| How would one best describe the crime of felony menacing? |
|
Definition
| the use of a deadly weapon (or facsimiile) to threaten another |
|
|
Term
| The seriousness of an assault depends on what according to state statute? |
|
Definition
| bodily injury sustained and the mens rea (guilty mind) |
|
|
Term
| When executing a search warrant (not immediate entry) absent some exigent or emergent circumstance, officers should do what? |
|
Definition
| knock first and wait for a reasonable amount of time before entering |
|
|
Term
| At the preliminary hearing a witness's credibility can be determined by? |
|
Definition
| whether the witness was in a good position to see the crime and their personal knowledge (the five senses; hear, see, touch, smell, taste) |
|
|
Term
| One example of the demeanor exhibited by an impaired driver can be? |
|
Definition
| failure to observe emergency lights |
|
|
Term
| What are the elements of possession of a defaced firearm? |
|
Definition
| person must knowingly and unlawfully possess a firearm whose serial number has been removed, defaced, altered or destroyed |
|
|
Term
| A suspect poisons a certain number of bottles of medication in a grocery store. He informs the manager via telephone that he will identify which bottles are tainted for $10,000.00. What would be the appropriate charge? |
|
Definition
| aggravated extortion, CRS 18-3-207(2) |
|
|
Term
| What type of fold is used to package drugs or to gather fiber or hair evidence? |
|
Definition
|
|
Term
| How do you determine the point of origin on an arson/fire? |
|
Definition
| identify charring and alligatoring marks |
|
|
Term
| A DUI arrest must be based on what level of evidence? |
|
Definition
|
|
Term
| At what percent / rate does alcohol metabolize in the body? |
|
Definition
|
|
Term
| What are the basic elements of the crime of manslaughter? |
|
Definition
| recklessly causing the death of another or aiding another to commit suicide |
|
|
Term
| What is the purpose of the preliminary hearing? |
|
Definition
| to determine if there is PC that a crime occurred and to determine if there is PC that the defendant committed the crime |
|
|
Term
| How many classes of felonies are there in Colorado? |
|
Definition
|
|
Term
| How many classes of misdemeanors are there in CO? |
|
Definition
|
|
Term
| How many classes of petty offenses are there in CO? |
|
Definition
|
|
