SFO Test 1 Study Guide Questions and Answers with Complete Solutions 100% Correct | 2024, Exams of Advanced Education

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SFO Test 1 Study Guide Questions and

Answers with Complete Solutions 100%

Correct | 2024

Probable Cause - Correct Answer-Sufficient reason based upon known facts to believe a crime has been committed or that certain property is connected with a crime Reasonable Suspicion - Correct Answer-That level of suspicion that would cause a reasonable person, under the circumstances to believe that criminal activity has occurred or is occurring Voluntary Encounters - Correct Answer-Level 1 encounter. Can not make demands and must be free/voluntary. Knock and talks, talking to anyone on the street voluntarily. When can an officer search for weapons? - Correct Answer- When they can articulate suspicion that the person has weapons and poses a threat to the officer or others. Detention or Stop - Correct Answer-A peace officer may stop any individual in a public place when the officer has a

reasonable suspicion to believe the individual has committed or is in the act of committing or is attempting to commit a public offense and may demand the individual's name, address, date of birth, and an explanation of the individual's actions. Terry Stop - Correct Answer-Allows the police to briefly detain a person based on reasonable suspicion of involvement in criminal activity. Reasonable suspicion is a lower standard than the probable cause which is needed for an arrest. When police stop and search a pedestrian, this is commonly known as a stop and frisk. Demands during detainment - Correct Answer-Name Address DOB Explanation for conduct Time limits for detainment - Correct Answer-A reasonable amount of time Depends on the complexity and the seriousness of the crime

Frisk - Correct Answer-Outer patdown of clothing What is the purpose of a frisk? - Correct Answer-Officer Safety When can an officer search for a weapon? - Correct Answer- When the officer reasonably believes he or any other person is in danger. Consent search - Correct Answer-A search based upon reasonable suspicion. Consent must be given by the person who has legal authority of what may be. Incidental to arrest - Correct Answer-Search is strictly justified by the circumstances for which the arrest was made. Search may be made of the person and the area in which the person was. Search warrant - Correct Answer-Judicial document authorizing police to search a person or place to obtain evidence. Affidavit is submitted to a judge or magistrate to establish probable cause that the search will yield evidence related to a crime

Plain view - Correct Answer-A search may be made if evidence of criminal activity can be seen without entry or search ex: Smell Hear Sight Feel Taste Exigent circumstances - Correct Answer-Also known as emergency conditions are circumstances that would cause a reasonable officer to believe entry or search was necessary to prevent physical harm to officers or others or; The destruction of relevant evidence or the escape of a suspect would occur if the search or entry was not made Search - Correct Answer-Does the citizen have a reasonable expectation of privacy? If yes that is a search and if not then it is not a search. Entering a home Opening a door Place GPS tracker Opening car door Taking blood or dna Looking at cell phone 4th Amendment - Correct Answer-The right of the people to be secure in their persons, houses, papers, and effects, against

unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Exclusionary Rule - Correct Answer-Evidence obtained through illegal conduct or by illegal means may be suppressed and not allowed to be used in court Superman Rule - Correct Answer-Officers can use any item or technology available to the general public to enhance their senses. This includes flashlights, K-9s, binoculars. What an officer can see hear or smell where the officer has a legal right to be. Open field doctrine - Correct Answer-Permits police officers to enter and search a field without a warrant. May include any unoccupied or undeveloped area outside of the curtilage of the home Private Individuals - Correct Answer-Constitution only gives you privacy from government, not private individuals. Unless a government actor cannot direct a private individual to violate someone's rights.

Level 1 Encounter - Correct Answer-Voluntary: A reasonable person in the suspect's possession would feel free to leave Level 2 Encounter - Correct Answer-Investigative Detention: Officer has reasonable articulable suspicion of criminal activity. The suspect is not free to leave. These can only last long enough for the officer to confirm or dispel their suspicion. Reasonable Articulable Suspicion - Correct Answer-Reason to believe criminal activity may be afoot. Level 3 Encounter - Correct Answer-Arrest: Officer must have probable cause of a criminal violation Exceptions to the Search Warrant Requirement - Correct Answer-1. Consent

2. Search incident to arrest
3. Terry Frisk
4. Exigent Circumstances
5. Inventory
6. School

7. Special needs Justice of the Peace Courts - Correct Answer-Has jurisdiction over: Class B and C Misdemeanors, Infractions, Traffic offenses committed by juveniles between the ages of 16 and 18. Exceptions: Automobile Homicide, DUI, Joyriding, Reckless driving, Evading an officer. Small Claims, civil disputes under $11,000.00 (to include attorney fees) that occur within the geographic area of the court Justice courts cannot exceed the geographic area of the county or municipality they are created in The justice court judge may issue: Search Warrants and Arrest Warrants Who can give consent for search? - Correct Answer-Anyone with a reasonable expectation of privacy in the place or thing being searched.

Juvenille Court - Correct Answer-Juvenile courts generally have the same geographic jurisdiction as a District Court, but have a different subject matter jurisdiction Juvenile Courts have jurisdiction over minors who commit violations of the law and are under 18 years of age Exceptions: Minors 16 or over who commit murder or aggravated murder, Minor over 16 who was previously sent to secure confinement, Minor who has been certified to answer charges as an adult District Court - Correct Answer-This is the court of general jurisdiction in Utah Jurisdiction over all matters, both civil and criminal, not specifically excluded Hears appeals from justice courts or administrative hearings Hear cases that are within their jurisdictional boundaries

Have concurrent jurisdiction with juvenile courts over certain matters Utah Court of Appeals - Correct Answer-Has jurisdiction over District Court Juvenile Court Does not have authority to hear an appeal from district court involving 1st-degree felonies and Capitol felonies. Cases which are transferred to it from the supreme court By the vote of four judges, can request that cases it would otherwise hear on appeal be transferred directly to the Supreme Court of Utah The appeals heard on this level rely on the record of the lower court The court of appeals will hear arguments, but will not hear evidence

Utah Supreme Court - Correct Answer-Hears appeals from the Utah Court of Appeals, On first degree or capital cases, On any District Court finding that a statute is in violation, From certain commissions, such as the State Tax Commission, and as Described in the court of last resort in Utah Has jurisdiction over lawyer discipline matters Similar to the Utah Court of Appeals, in that they will not hear evidence, but rather review the record of the tribunal the appeal is coming from The supreme court also promulgates rules of evidence and procedure Magistrate Courts - Correct Answer-Misdemeanor offenses and preliminary matters May try cases by stipulation of parties Similar to justice courts in Utah

District Courts - Correct Answer-General Federal Jurisdiction Between one and four courts in each state These are the courts of general jurisdiction and hear evidence in most cases Appellate jurisdiction over Magistrate Courts Specialty Courts - Correct Answer-Courts that cover: Military Immigration Circuit Courts of Appeals United States Supreme Court - Correct Answer-Final say in Federal Courts

Hears cases from the Federal Circuit Courts of Appeal Only hears cases that raise a question of federal constitutional law from the highest court in the state, usually the state's Supreme Court Defendant - Correct Answer-The person being charged with a criminal act. Has the right to counsel, to confront witnesses, and cannot be compelled to testify against himself in any court proceedings Prosecutor - Correct Answer-A person acting on behalf of the government entity filing charges against the defendant. Has the right to examine witnesses, present evidence, and must prove the case to the jury Defense Attorney - Correct Answer-Either privately paid by the defendant, or public defenders paid for by the government. They also have the right to examine witnesses and present evidence on behalf of the defendant. In some cases the defendant may act as his own attorney

Judge - Correct Answer-Oversees the judicial proceedings, entertains motions, decides and enforces the rules of the court and addresses the jury Bench Trial - Correct Answer-This is a trial that is made strictly in front of the judge and the judge makes the determination of guilt or innocence Jury Trial - Correct Answer-This is a trial in front of a jury and the jury makes the determination of guilt or innocence, not the judge Jury - Correct Answer-A body of 6-12 persons, who are normally lay persons of the defendants peers. They observe court proceeding and make a determination of guilt or innocence. Lay Witness - Correct Answer-A non-expert person called to testify in court normally about things that they witnessed or heard in regards to the case being tried

Expert witness - Correct Answer-A person who has been deemed an expert in a certain area (such as traffic investigation, etc). An expert witness testifies to and interprets the facts of evidence. An expert witness is normally not a witness to the offense himself. Initial Appearance - Correct Answer-During this phase of the court proceedings, the defendant makes his first appearance before the judge, hears the charges against him and enters a plea ( normally guilty or not guilty) Bail Hearing - Correct Answer-This is a hearing in which the judge examines the facts of the case and sets a bail amount The judge can also decide to hold the defendant without bail or release the defendant without requiring bail (referred to as released on their own recognizance, O.R.) Preliminary hearing - Correct Answer-This is a hearing similar to a court trial in which prosecutors and defense attorneys enter evidence and examine witnesses

The sole purpose of a preliminary hearing is for the judge to determine if there is sufficient evidence to hold defendant for trial Trial - Correct Answer-This is the main court proceeding in which the defendant hears the evidence against him, has the right to confront witnesses, and has the right to be represented by an attorney This is also the proceeding in which the prosecutor presents evidence, examines witnesses, and attempts to prove the case to either the judge or the jury Sentencing - Correct Answer-This is a hearing in which the sentence for the convicted defendant is pronounced The defendant and prosecution can examine witnesses and evidence, which may present extenuating or aggravating circumstances that would affect the sentence given Sentencing is sometimes done at the time of the trial

The basic role of a correctional agency is to execute the sentence of the judiciary for federal, state, and local cases Appeals process - Correct Answer-Once a decision is made by a judge or jury, the decision can be appealed to the appropriate court A finding of guilt, innocence or sentencing can be appealed to the proper courts Case Law - Correct Answer-The law established by the interpretation of statutes by the court Good Faith Exception - Correct Answer-Officers acting in good faith on facially valid warrant do not violate the rights of the defendant if the warrant is later found to be invalid The officer has a duty to carefully read the warrant and determine facial validity Inevitable Discovery Law - Correct Answer-Evidence is admissible if the prosecution can establish that the evidence would have been discovered by lawful means

Fourth Amendment requirements to obtain a search warrant (4) - Correct Answer-Based upon probable cause Supported by oath and affirmation Must describe the place to be searched Must describe the person or item(s) to be seized Items officers may legally search (5) - Correct Answer- Weapons Fruits of the crime Instrument of the crime Contraband Suspects

What is an officer allowed to take when executing a warrant? (4) - Correct Answer-Anything listed in the warrant Fruit of the crime Contraband Evidence of crime Contraband - Correct Answer-Items that are illegal for a person to posses in a specific place Franks hearing - Correct Answer-Hearing where defense attempts to show that officers who prepared warrant did so in reckless disregard for truth or engaged in deliberate falsification. Fruit of the Poisonous Tree Doctrine - Correct Answer- Evidence that is derived from or gathered during an illegal action cannot be admitted into court.

Fresh Pursuit Rule - Correct Answer-An officer may pursue a suspect into a private residence to effectuate an arrest for a felony that was done in a public place. Examples of a non-search (5) - Correct Answer-Abandoned property Canine sniff Open field and aerial view Plain view and plain smell Private citizen search Inventory Terry v. Ohio - Correct Answer-Conclusion of case held that stops and frisks are considerably less intrusive than full-blown arrests and searches, rejecting the argument of the defendant that the search was unreasonable under the Fourth Amendment

Bodily Injury - Correct Answer-Physical pain, illness, or any impairment of physical condition Serious Bodily Injury - Correct Answer-bodily injury that creates or causes serious permanent disfigurement, protracted loss or impairment of the function of any bodily member or organ, or creates a substantial risk of death Substantial bodily harm - Correct Answer-not amounting to serious bodily injury that creates or causes protracted physical pain, temporary disfigurement, or temporary loss or impairment of the function of any bodily member or organ Legislative Branch - Correct Answer-They make the laws House of Rep and Senate Declare War Raise and Lower Taxes House has 438 members Utah has 4 of those seats Senate has 100 members 2 from each state

Executive Branch - Correct Answer-Enforces the Law Bureaucracy All Regulatory Agencies Anything that is an acronym FBI, CIA, IRS, NASA, etc. Anyone that works for the "Government" President is head of USA and Governor is head of State Judicial Branch - Correct Answer-SCOTUS All federal courts Interprets the Law Marbury vs Madison 9 justices on the court but the constitution do not say the amount Federal district courts, courts of appeal, bankruptcy 1st Amendment - Correct Answer-Freedom of Religion, Speech, Press, Assembly, and Petition Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the

people peaceably to assemble, and to petition the government for a redress of grievances. 2nd Amendment - Correct Answer-Right to bear arms A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. 3rd Amendment - Correct Answer-No quartering of soldiers No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law. 4th Amendment - Correct Answer-Freedom from unreasonable searches and seizures The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation,

and particularly describing the place to be searched, and the persons or things to be seized. 5th Amendment - Correct Answer-Criminal Proceedings; Due Process; Eminent Domain; Double Jeopardy; Protection from Self-incrimination No person shall be held to answer for a capital, or otherwise, infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. Double Jeopardy - Correct Answer-Double Jeopardy: Cannot be charged for the same crime in the same court more than once. Separation between Utah and Federal Courts. 6th Amendment - Correct Answer-The right to a Speedy Trial by jury, representation by an attorney for an accused person

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence. 7th Amendment - Correct Answer-Right to a trial by jury in civil cases In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re- examined in any Court of the United States, than according to the rules of the common law. 8th Amendment - Correct Answer-No cruel or unusual punishment, no excessive bail Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

9th Amendment - Correct Answer-The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. 10th Amendment - Correct Answer-The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. 11th Amendment - Correct Answer-Prohibits citizens of one state or foreign country from suing another state. The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.