CLEET Criminal Law & Procedures 2 — Questions and Answers
Question 1: Under the Fourth Amendment, a 'stop and frisk' is legally justified when an officer has:
- Probable cause to arrest
- Reasonable articulable suspicion of criminal activity (Correct answer)
- A search warrant issued by a judge
- Consent from a supervisor
Correct answer: Reasonable articulable suspicion of criminal activity
Terry v. Ohio established that reasonable articulable suspicion—not probable cause—is the standard for a brief investigatory stop and pat-down.
Question 2: Which doctrine allows evidence obtained in violation of the Fourth Amendment to be excluded from trial?
- Fruit of the poisonous tree
- Plain view doctrine
- Exclusionary rule (Correct answer)
- Good faith exception
Correct answer: Exclusionary rule
The exclusionary rule bars evidence obtained through unconstitutional searches or seizures from being used in a criminal prosecution.
Question 3: A person is considered 'in custody' for Miranda purposes when:
- They are placed under formal arrest only
- A reasonable person would not feel free to leave (Correct answer)
- They are inside a police vehicle
- Officers have told them they are a suspect
Correct answer: A reasonable person would not feel free to leave
Miranda custody is determined by whether a reasonable person in the circumstances would feel free to terminate the encounter and leave.
Question 4: The corpus delicti rule requires that before a confession can be admitted, the prosecution must:
- Record the confession on video
- Prove the defendant had the opportunity to commit the crime
- Establish independent evidence that a crime occurred (Correct answer)
- Have the confession witnessed by two officers
Correct answer: Establish independent evidence that a crime occurred
Corpus delicti ('body of the crime') requires independent corroborating evidence that the crime actually occurred before a defendant's confession can be used.
Question 5: Under Oklahoma law, which of the following best describes 'first-degree manslaughter'?
- Killing with premeditation and deliberation
- Killing in the heat of passion upon adequate provocation (Correct answer)
- Killing during the commission of a felony
- Killing with malice aforethought
Correct answer: Killing in the heat of passion upon adequate provocation
First-degree manslaughter in Oklahoma includes killings committed in the heat of passion caused by adequate legal provocation, distinguishing it from murder.
Question 6: Which constitutional amendment protects individuals from being tried twice for the same offense?
- Fourth Amendment
- Fifth Amendment (Correct answer)
- Sixth Amendment
- Eighth Amendment
Correct answer: Fifth Amendment
The Double Jeopardy Clause of the Fifth Amendment prohibits trying a person twice for the same crime after acquittal or conviction.
Question 7: When an officer makes a warrantless entry into a home to render emergency aid, this is justified under which exception?
- Exigent circumstances — emergency aid (Correct answer)
- Consent search
- Plain view doctrine
- Incident to arrest
Correct answer: Exigent circumstances — emergency aid
The emergency aid exception to the warrant requirement allows warrantless entry when officers reasonably believe someone inside needs immediate assistance.
CLEET Criminal Law & Procedures 2
Under the Fourth Amendment, a 'stop and frisk' is legally justified when an officer has: