Block Exam #2

Question 1

Define reasonable suspicion

Answer 1

Specific and articulable facts that lead a reasonable officer to believe that criminal activity may be occurring and the person is involved

Question 2

What are the 2 conditions that are required for Miranda?

Answer 2

Custody and interrogation

Question 3

What are the exceptions to the warrant requirement under the 4th amendment?

Answer 3

Consent, Plain View, Exigent Circumstances, Search Incident to Arrest, Automobile Exception, Stop & Frisk, Hot Pursuit

Question 4

What is the definition of detention?

Answer 4

A temporary restraint of a person’s freedom based on a reasonable suspicion

Question 5

What is the definition of a frisk?

Answer 5

A pat-down of a person’s outer clothing for weapons, based on reasonable suspicion that the person is armed

Question 6

What is needed to justify a temporary detention?

Answer 6

Reasonable suspicion supported by articulable facts that the person is involved in criminal activity

Question 7

What level of proof is required for an arrest?

Answer 7

Probable cause: facts and circumstances sufficient to believe a crime has been committed

Question 8

What is required to get a search warrant under the 4th amendment?

Answer 8

Probable cause, particularity, sworn affidavit, signed by a neutral magistrate

Question 9

When can you enter a home to arrest someone?

Answer 9

With a valid arrest warrant and reasonable belief the suspect is inside, or under exigent circumstances

Question 10

What is the exclusionary rule?

Answer 10

A rule that excludes evidence obtained in violation of the Constitution from being used in court.

Question 11

What is curtilage?

Answer 11

The area immediately surrounding a home that is entitled to Fourth Amendment protection.

Question 12

What is the open fields doctrine?

Answer 12

Officers may enter and search open fields without a warrant; not protected by Fourth Amendment

Question 13

What is the time frame for executing a search warrant in Colorado?

Answer 13

What is the burden of proof for a dog sniff in Colorado?

Question 14

Which amendment covers pedestrian stops?

Answer 14

Fourth Amendment

Question 15

What court case governs stop and frisk?

Answer 15

Terry v Ohio (1968)

Question 16

How many classes of felonies are there in Colorado?

Answer 16

Six (Class 1 to 6)

Question 17

How many classes of misdemeanors are there in Colorado?

Answer 17

Two (Class 1 to 2)

Question 18

What is the age of culpability in Colorado?

Answer 18

10 years old

Question 19

What is criminal attempt?

Answer 19

Engaging in conduct that constitutes a substantial step toward committing a crime with intent

Question 20

What is mens rea?

Answer 20

The mental state or intent to commit a crime

Question 21

What is actus reas?

Answer 21

The physical act of the crime

Question 22

What is a strict liability crime?

Answer 22

A crime that does not require a culpable mental state

Question 23

What are the participants in a criminal act called?

Answer 23

Principal, accomplice, accessory

Question 24

What are inchoate crimes?

Answer 24

Attempt, conspiracy, solicitation

Question 25

What is criminally negligent homicide?

Answer 25

Death caused by failing to percieve a substantial and unjustifiable risk

Question 26

What is manslaughter?

Answer 26

Recklessly causing death or assisting suicide

Question 27

What is second-degree murder?

Answer 27

Knowlingly causing the death of another without premeditation

Question 28

What is first-degree murder?

Answer 28

Intentionally causing death of another after deliberation

Question 29

What is vehicular homicide?

Answer 29

Causing death while operating a vehicle under influence or recklessly

Question 30

Which amendment contains due process?

Answer 30

Fifth and Fourteenth Amendments

Question 31

Which amendment grants the right to counsel>

Answer 31

Sixth amendment

Question 32

Which amendment includes the exclusionary rule?

Answer 32

The Fourtheenth amendment

Question 33

What is criminal solicitation?

Answer 33

Offender commands, entreats, or attempts to persuade another person or theirs or anothers services to a third person

Question 34

What is criminal attempt?

Answer 34

Offender engages in conduct that is a substantial step toward the commission of an offense intending to complete the crime