1
CLEET STUDY GUIDE – Complete Guide Questions &
Answers
DOMAIN 1: OKLAHOMA CRIMINAL LAW & STATUTES
1. The titles of Oklahoma Statutes most frequently used by law enforcement
officers in Oklahoma are _____.
: Answer : 10A, 21, 22, 37A, 47, and 63
Rationale: Title 10A covers children and juvenile code; Title 21 covers crimes and
punishments; Title 22 covers criminal procedure; Title 37A covers alcoholic
beverages; Title 47 covers motor vehicles; Title 63 covers public health and safety
(including controlled dangerous substances).
2. In Oklahoma, all persons are capable of committing crimes, EXCEPT which of
the following?
: Answer : All of the above (children under age 7; children over 7 but under 14
in the absence of proof that they knew its wrongfulness; persons of unsound
mind, including those temporarily or partially deprived of reason, upon proof that
at the time they were incapable of knowing its wrongfulness)
3. What is a misdemeanor in Oklahoma?
: Answer : A crime punishable by fine or imprisonment of up to 1 year in the
county jail.
4. What is the name of the crime for which the elements are: (1) taking (2) of
personal property (3) of another (4) without consent (5) with intent to deprive
the owner of its benefit?
: Answer : Larceny
5. ________ is the wrongful taking and carrying away of personal property in
the possession of another, by means of force or fear.
: Answer : Robbery
6. Ted and Sally go to Joe's Quik Stop to rob it. During the robbery, Sally
unintentionally pulls the trigger of her gun and shoots Joe. Joe dies as a result of
pg. 1
,2
his wound. Which statement is correct?
: Answer : Both Ted and Sally are guilty of 1st Degree Felony Murder even
though neither had intent to kill.
Rationale: Under the felony murder rule, all participants in a felony are criminally
responsible for any death that occurs during the commission of that felony,
regardless of intent.
7. An adult lawfully in custody for the commission of a felony escapes. Under
these facts, the escape may be charged as _____.
: Answer : A felony
8. What can Barker be charged with if he conceals and aids Tom Thompson (who
admitted to robbing a convenience store) to avoid arrest?
: Answer : Accessory to Robbery
Rationale: Under Oklahoma law, anyone who conceals or aids a person known to
have committed a felony with the intent to help them escape arrest, trial,
conviction, or punishment may be charged as an accessory.
9. The legal doctrine which allows the employing law enforcement agency to be
held liable for the acts of the employed peace officer is called _____.
: Answer : Respondeat Superior ("vicarious liability")
10. What is the Oklahoma statutes' definition of "racial profiling"?
: Answer : The detention, interdiction, or other disparate treatment of an
individual solely on the basis of the racial or ethnic status of the individual.
11. Define a "weapon" under Oklahoma law.
: Answer : Any instrument of offensive or defensive combat, or anything used
or designed to be used in destroying, defeating, or injuring a person.
12. If a child is charged with delinquency as a result of an offense which would
be a felony if committed by an adult, the child:
: Answer : May be tried as an adult depending on the offense committed, the
age of the child, and the child's previous history.
DOMAIN 2: CONSTITUTIONAL LAW – SEARCH & SEIZURE
pg. 2
,3
13. Warrantless searches and seizures _____.
: Answer : Are presumed unreasonable under the Fourth Amendment.
14. An affidavit for a search warrant must describe the place to be searched
_____.
: Answer : So precisely that the location of the place to be searched may be
determined solely by reference to the description contained in the warrant.
15. The hours a "day time" search warrant can be served are:
: Answer : Between the hours of 6:00 am and 10:00 pm inclusive.
16. An officer has probable cause to believe that an occupied vehicle being
driven on the street contains contraband or evidence of a crime. Which
statement is correct?
: Answer : The officer may search the vehicle as thoroughly as could be
authorized by a magistrate and may do so without a warrant under the Carroll
Doctrine exception to the warrant requirement.
17. The purpose of a "Terry frisk" or "pat down" is to _____.
: Answer : Determine whether a detainee has any offensive weapons on his
person.
18. In order to justify a Terry frisk or pat down, an officer must _____.
: Answer : Be able to articulate the facts that add up to reasonable suspicion
that the person is armed and presents a danger to the officer or others.
19. A peace officer prepared a search warrant and took it to a neutral, detached
magistrate who issued the warrant. The defense later convinced the judge that
the information in the affidavit was "stale" (too old). Which exception to the
exclusionary rule would be applicable under these facts?
: Answer : The "Good Faith" exception to the exclusionary rule.
Rationale: Under United States v. Leon, evidence obtained by officers acting in
reasonable reliance on a search warrant issued by a detached and neutral
magistrate is admissible even if the warrant is later found to be unsupported by
probable cause.
20. An officer may make a warrantless arrest for a misdemeanor only if it occurs
in the officer's presence. Which of the following are exceptions to that rule?
: Answer : All of the above: with probable cause to believe a person involved in
pg. 3
, 4
an accident was driving under the influence; pursuant to Domestic Abuse and
Victim Protection Order laws; with probable cause to believe a larceny of
merchandise occurred.
DOMAIN 3: MIRANDA, INTERROGATION & JUVENILE PROCEDURES
21. You wish to interrogate a suspect who is in custody. Which statement
regarding the suspect's right to remain silent and right to counsel is accurate?
: Answer : The suspect can exercise the rights of both silence and to an
attorney at any time.
22. Which of the following is a requirement of a custodial interrogation of a
child or youthful offender under 16 years of age?
: Answer : A parent (or guardian, attorney, or adult relative) must be present
and be advised of the rights of the child or youthful offender under 16.
23. Which class of person will NOT be permitted to testify as "lay" (non-expert)
witnesses?
: Answer : Persons who have no knowledge of the facts of the case.
24. The reason that hearsay evidence is usually not admissible at trial is that
_____.
: Answer : The use of hearsay evidence deprives the defendant of his or her
right to cross-examine witnesses.
25. In a criminal case, the state must _____.
: Answer : Prove the defendant's guilt beyond a reasonable doubt.
DOMAIN 4: USE OF FORCE & DEFENSIVE TACTICS
26. When a peace officer continues to apply physical force in excess of the force
permitted by law or agency policies and procedures to a person who has been
rendered incapable of resisting arrest, the officer will have used what?
: Answer : Excessive force
27. According to Graham v. Connor, officers must utilize force in accordance
with what standard?
pg. 4
CLEET STUDY GUIDE – Complete Guide Questions &
Answers
DOMAIN 1: OKLAHOMA CRIMINAL LAW & STATUTES
1. The titles of Oklahoma Statutes most frequently used by law enforcement
officers in Oklahoma are _____.
: Answer : 10A, 21, 22, 37A, 47, and 63
Rationale: Title 10A covers children and juvenile code; Title 21 covers crimes and
punishments; Title 22 covers criminal procedure; Title 37A covers alcoholic
beverages; Title 47 covers motor vehicles; Title 63 covers public health and safety
(including controlled dangerous substances).
2. In Oklahoma, all persons are capable of committing crimes, EXCEPT which of
the following?
: Answer : All of the above (children under age 7; children over 7 but under 14
in the absence of proof that they knew its wrongfulness; persons of unsound
mind, including those temporarily or partially deprived of reason, upon proof that
at the time they were incapable of knowing its wrongfulness)
3. What is a misdemeanor in Oklahoma?
: Answer : A crime punishable by fine or imprisonment of up to 1 year in the
county jail.
4. What is the name of the crime for which the elements are: (1) taking (2) of
personal property (3) of another (4) without consent (5) with intent to deprive
the owner of its benefit?
: Answer : Larceny
5. ________ is the wrongful taking and carrying away of personal property in
the possession of another, by means of force or fear.
: Answer : Robbery
6. Ted and Sally go to Joe's Quik Stop to rob it. During the robbery, Sally
unintentionally pulls the trigger of her gun and shoots Joe. Joe dies as a result of
pg. 1
,2
his wound. Which statement is correct?
: Answer : Both Ted and Sally are guilty of 1st Degree Felony Murder even
though neither had intent to kill.
Rationale: Under the felony murder rule, all participants in a felony are criminally
responsible for any death that occurs during the commission of that felony,
regardless of intent.
7. An adult lawfully in custody for the commission of a felony escapes. Under
these facts, the escape may be charged as _____.
: Answer : A felony
8. What can Barker be charged with if he conceals and aids Tom Thompson (who
admitted to robbing a convenience store) to avoid arrest?
: Answer : Accessory to Robbery
Rationale: Under Oklahoma law, anyone who conceals or aids a person known to
have committed a felony with the intent to help them escape arrest, trial,
conviction, or punishment may be charged as an accessory.
9. The legal doctrine which allows the employing law enforcement agency to be
held liable for the acts of the employed peace officer is called _____.
: Answer : Respondeat Superior ("vicarious liability")
10. What is the Oklahoma statutes' definition of "racial profiling"?
: Answer : The detention, interdiction, or other disparate treatment of an
individual solely on the basis of the racial or ethnic status of the individual.
11. Define a "weapon" under Oklahoma law.
: Answer : Any instrument of offensive or defensive combat, or anything used
or designed to be used in destroying, defeating, or injuring a person.
12. If a child is charged with delinquency as a result of an offense which would
be a felony if committed by an adult, the child:
: Answer : May be tried as an adult depending on the offense committed, the
age of the child, and the child's previous history.
DOMAIN 2: CONSTITUTIONAL LAW – SEARCH & SEIZURE
pg. 2
,3
13. Warrantless searches and seizures _____.
: Answer : Are presumed unreasonable under the Fourth Amendment.
14. An affidavit for a search warrant must describe the place to be searched
_____.
: Answer : So precisely that the location of the place to be searched may be
determined solely by reference to the description contained in the warrant.
15. The hours a "day time" search warrant can be served are:
: Answer : Between the hours of 6:00 am and 10:00 pm inclusive.
16. An officer has probable cause to believe that an occupied vehicle being
driven on the street contains contraband or evidence of a crime. Which
statement is correct?
: Answer : The officer may search the vehicle as thoroughly as could be
authorized by a magistrate and may do so without a warrant under the Carroll
Doctrine exception to the warrant requirement.
17. The purpose of a "Terry frisk" or "pat down" is to _____.
: Answer : Determine whether a detainee has any offensive weapons on his
person.
18. In order to justify a Terry frisk or pat down, an officer must _____.
: Answer : Be able to articulate the facts that add up to reasonable suspicion
that the person is armed and presents a danger to the officer or others.
19. A peace officer prepared a search warrant and took it to a neutral, detached
magistrate who issued the warrant. The defense later convinced the judge that
the information in the affidavit was "stale" (too old). Which exception to the
exclusionary rule would be applicable under these facts?
: Answer : The "Good Faith" exception to the exclusionary rule.
Rationale: Under United States v. Leon, evidence obtained by officers acting in
reasonable reliance on a search warrant issued by a detached and neutral
magistrate is admissible even if the warrant is later found to be unsupported by
probable cause.
20. An officer may make a warrantless arrest for a misdemeanor only if it occurs
in the officer's presence. Which of the following are exceptions to that rule?
: Answer : All of the above: with probable cause to believe a person involved in
pg. 3
, 4
an accident was driving under the influence; pursuant to Domestic Abuse and
Victim Protection Order laws; with probable cause to believe a larceny of
merchandise occurred.
DOMAIN 3: MIRANDA, INTERROGATION & JUVENILE PROCEDURES
21. You wish to interrogate a suspect who is in custody. Which statement
regarding the suspect's right to remain silent and right to counsel is accurate?
: Answer : The suspect can exercise the rights of both silence and to an
attorney at any time.
22. Which of the following is a requirement of a custodial interrogation of a
child or youthful offender under 16 years of age?
: Answer : A parent (or guardian, attorney, or adult relative) must be present
and be advised of the rights of the child or youthful offender under 16.
23. Which class of person will NOT be permitted to testify as "lay" (non-expert)
witnesses?
: Answer : Persons who have no knowledge of the facts of the case.
24. The reason that hearsay evidence is usually not admissible at trial is that
_____.
: Answer : The use of hearsay evidence deprives the defendant of his or her
right to cross-examine witnesses.
25. In a criminal case, the state must _____.
: Answer : Prove the defendant's guilt beyond a reasonable doubt.
DOMAIN 4: USE OF FORCE & DEFENSIVE TACTICS
26. When a peace officer continues to apply physical force in excess of the force
permitted by law or agency policies and procedures to a person who has been
rendered incapable of resisting arrest, the officer will have used what?
: Answer : Excessive force
27. According to Graham v. Connor, officers must utilize force in accordance
with what standard?
pg. 4
