Pass Guaranteed
What is an Indian country as defined by 18 US Code § 1151?☑️Correct Ans-within the limits
of any Indian reservation under the jurisdiction of the U.S. Government, dependent Indian
communities, all land allotments, the Indian title to which has not been extinguished, including
rights of way
What are the three major federal statutes in Title 18 of the Federal Code that govern federal
criminal jurisdiction in Indian country?☑️Correct Ans-Indian Country Crimes Act, Major
Crimes Act, and Assimilative Crimes Act
The__________ allows federal criminal courts to borrow state criminal code to fill gaps where
there is no federal law and apply it to areas under exclusive federal control.☑️Correct Ans-
Assimilative Crimes Act
William Tomahawks, a non-Indian, commits a burglary on the Muscogee (Creek) Nation
property. How will the elements of the crime be defined, and which guidelines will be used for
sanctions if found guilty?☑️Correct Ans-Only Oklahoma Statutes
What are at least two ways to establish who is considered to be an Indian, for the purposes of
criminal jurisdiction in Indian Country☑️Correct Ans-Must have Tribal or Federal recognition
of the person as Indian, and must be considered a member of a federally recognized Tribe.
You make a traffic stop. The driver, who is a non-resident of Oklahoma and lives in another
country, is lawfully visiting the United States. He is exempt from the Oklahoma driver's license
, requirement if ________?☑️Correct Ans-he has a valid driver's license from his home country
in his immediate possession
An affidavit for a search warrant must describe the place to be searched _____☑️Correct Ans-
so precisely that location of the place to be searched may be determined solely by reference to
the description contained in the Warrant.
Searches and seizures conducted outside the judicial process, without prior approval by a neutral
and detached judge or magistrate, are "per se" unreasonable_______.☑️Correct Ans-under the
Fourth Amendment - subject only to a few specifically established and well-delineated
exceptions
Hearsay is _____.☑️Correct Ans-second hand information.
Which class of person may not be permitted to testify as "lay" (non-expert)
witnesses?☑️Correct Ans-Persons who have no knowledge of the facts of the case
If a person has been convicted and placed on a suspended sentence, and that person then
commits another crime while still on probation, then☑️Correct Ans-The District Attorney may
file a Motion to Revoke
What are the three primary factors that influence criminal jurisdiction in Indian
country?☑️Correct Ans-impact of sovereign status, Plenary Power of Congress, and U.S.
Supreme Court interpretations of Indian lawYou are unable to appear before the magistrate to
personally give testimony and present your affidavit to the court in order to receive a search