CLEET Criminal Law & Procedures 3 â Questions and Answers
Question 1: The 'inevitable discovery' doctrine allows otherwise suppressed evidence to be admitted when:
- An officer acted in good faith
- The evidence would have been legally found through independent means (Correct answer)
- A prosecutor approves the admission
- The defendant waived their rights in writing
Correct answer: The evidence would have been legally found through independent means
Inevitable discovery, established in Nix v. Williams, permits use of illegally obtained evidence if the prosecution proves it would have been discovered by lawful means.
Question 2: Under Oklahoma statutes, robbery is distinguished from theft primarily by the element of:
- The value of the property taken
- Force or fear used against a person (Correct answer)
- The location where the taking occurs
- Whether the perpetrator was armed
Correct answer: Force or fear used against a person
Robbery requires that property be taken from a person by force, threat, or intimidationâthe personal confrontation element separates it from ordinary theft.
Question 3: An officer may conduct a warrantless search of a vehicle incident to arrest of an occupant when:
- The arrest occurs anywhere near the vehicle
- The arrestee is unsecured and within reaching distance of the passenger compartment (Correct answer)
- Any occupant of the vehicle is arrested
- The officer reasonably believes contraband is present
Correct answer: The arrestee is unsecured and within reaching distance of the passenger compartment
Arizona v. Gant limits vehicle searches incident to arrest to situations where the arrestee is unsecured and within reach of the vehicle's passenger compartment.
Question 4: Which element distinguishes burglary from simple trespass under Oklahoma law?
- The time of day the entry occurs
- The intent to commit a crime inside at the time of entry (Correct answer)
- Whether a door or window was broken
- Whether the structure was occupied
Correct answer: The intent to commit a crime inside at the time of entry
Burglary requires breaking and entering with the specific intent to commit a crime inside; without that criminal intent, the act may only constitute trespass.
Question 5: A signed written waiver of Miranda rights is:
- Always required before questioning a suspect
- Strong evidence of a knowing and voluntary waiver but not the only valid form (Correct answer)
- Required in felony cases but not misdemeanors
- Presumed invalid unless witnessed by an attorney
Correct answer: Strong evidence of a knowing and voluntary waiver but not the only valid form
Courts accept oral waivers as valid; a written waiver is strong evidence but not a constitutional requirement for admissibility of statements.
Question 6: The crime of 'assault' in Oklahoma most accurately requires:
- Actual physical contact with the victim
- An intentional, unlawful attempt or threat to cause bodily harm to another (Correct answer)
- The use of a deadly weapon
- Injury requiring medical treatment
Correct answer: An intentional, unlawful attempt or threat to cause bodily harm to another
Oklahoma defines assault as an intentional, unlawful attempt or offer with force or violence to do a corporal hurt to anotherâphysical contact is not required.
Question 7: Under the 'knock and announce' rule, officers serving a warrant must generally:
- Always wait at least 60 seconds before entry
- Identify themselves and state their purpose before forcing entry (Correct answer)
- Have the homeowner present during the search
- Serve the warrant only during daylight hours
Correct answer: Identify themselves and state their purpose before forcing entry
The knock-and-announce rule requires officers to identify themselves, announce their purpose, and wait a reasonable time before making a forcible entry.
CLEET Criminal Law & Procedures 3
The 'inevitable discovery' doctrine allows otherwise suppressed evidence to be admitted when: