NC Blet 2018-1 State exam Study guide Questions And
Answers Verified 100% Correct
List the four Miranda warnings - ANSWER Right to remain silent (not incriminate
oneself)
Whatever is said can be used in court of law
Right to attorney
Right to have an attorney appointed if they cannot afford one
Identify and explain the exceptions to the Miranda requirement. - ANSWER Routine
booking questions (height, weight, eye color, how old the suspect is on their 5th
birthday) public safety exception (questions involving the location of a deadly weapon
which threatens public safety) spontaneous, voluntary statements, and custodial or
noncustodial questioning by non-law enforcement persons not acting as agents of the
police, are exceptions to the Miranda rule where they don't have to be read.
Identify the legal requirements governing preparation and execution of a search warrant
for a suspect's premises, vehicle, or person. - ANSWER a. Probable cause
b. Must particularly describe the items to be seized, must establish that the item to
be seized is stolen, contraband, used or possessed to commit or conceal the
commission of a crime, evidence of a crime or identity of a suspect
c. Description should be sufficient so that an officer unfamiliar with the investigation
will be able to seize property
d. Specific items to be described: stolen property, weapons, evidence of
ownership/possession, controlled substances, persons e. Identify the crime that was
committed
f. Describe the property to be searched: premises, a street address is legally sufficient.
Officers should include a physical description and directions or map. Vehicles:
include VIN, make, model, year, color, license, any unique characteristic.
g. Officers background: agency, years in LE, years on current assignment, certifications
and special training, education, knowledge of particular offense
h. Source of info: personal observation, hearsay (other people told you, anon tip, other
officers, citizen info, confidential informants, etc.)
i. Informant credibility: the best way to indicate the informant is credible is to show
he/she has given previous information which has led to arrests, convictions and
seizures of property of any type described in the instant warrant application. Present
warrant to judicial official, must make an independent judgment on if there is PC,
must advice judicial official of facts sufficient to establish PC.
j. Subject matter and territory play a part in who can execute warrant.
k. Warrant must be served within 48 hours otherwise it is VOID
l. Officer must give appropriate notice of identity and purpose.
,m.Before searching officers must read the warrant to the occupant. If no one is home,
leave a copy of the warrant affixed to the premise or vehicle searched
n. Must only search what is on the search warrant and in places only subjected to what
is being searched for in the warrant.
o. Evidence not named in warrant but is seen based on plain view may be seized.
p. Officers may not detain or frisk other persons unless there is reasonable suspicion to
believe they are armed or dangerous.
q. Officer must return the executed warrant to the clerk as well as a written inventory of
the items seized. Officer who executed warrant must sign and swear to the truth of
the inventory form. Unnecessary delay: absent special circumstances, the warrant
should be returned to the clerk on the date of execution or (if the clerk's office is
closed) on the next day of business
These are written laws enacted by the legislative branches - ANSWER Statutory laws
The fourth amendment covers what rights - ANSWER Unreasonable search and seizure
by the government
Under what circumstances can an officer make a felony arrest without a warrant -
ANSWER Committed in his presence
Subject matter jurisdiction
territorial jurisdiction
committed outside of his presence
What did Graham v Connor establish - ANSWER The overriding test for all use of force,
whether deadly or not, is whether the use of force was objectively reasonable under the
circumstances and at the time the force was used
What is the document called that is prepared by the plaintiff that indicated who he is
suing - ANSWER Complain
A magistrates summons in small claims court cannot exceed what dollar amount -
ANSWER 10000
If a defendant fails to file an ANSWER within the appropriate time, what may be entered
in
favor of the plaintiff - ANSWER A default judgement
Who initially hears a special proceeding - ANSWER Clerk of superior court
How many days does the defendant have to file a written ANSWER with the Clerk
of
superior courts office - ANSWER 10 days
, In a proceeding to terminate parental rights the summons tells the parents that they
must file an ANSWER to the Clerk of Superior Court within how many days - ANSWER
30
What is the first action a deputy must take when receiving a summons for service -
ANSWER Check for proper signatures
How many days after the date a clerk issues it must a civil summons be served -
ANSWER 60
Is there a statutory requirement to read or explain the summons to the defendant -
ANSWER No
Does a deputy have to make the defendant take possession of the summons -
ANSWER No; it can be left at their feet
What is the lawsuit by a landlord to evict a tenant from a rental property - ANSWER
Summary Ejectment
What is the legal process that commands a person to appear in court - ANSWER
Subpoena
Who must sign a child custody order - ANSWER district court judge
An ex-parte hearing must be given within how many hours - ANSWER 72
What is the court order that authorizes the seizure of real or personal property that is
sufficient in amount to satisfy a judgment for a stated amount - ANSWER Attachment
What is the seizure of property under a court order called - ANSWER Levy
What allows a deputy to take immediate delivery of a certain specified personal property
- ANSWER Claim and Delivery
What is the only type of property which may be seized in claim and deliveries -
ANSWER Personal
What is the only prejudgment remedy that specifically authorizes the use of force -
ANSWER claim and delivery
Who is the only court officer that is authorized to issue an execution on an unsatisfied
judgment - ANSWER Clerk of Court
Answers Verified 100% Correct
List the four Miranda warnings - ANSWER Right to remain silent (not incriminate
oneself)
Whatever is said can be used in court of law
Right to attorney
Right to have an attorney appointed if they cannot afford one
Identify and explain the exceptions to the Miranda requirement. - ANSWER Routine
booking questions (height, weight, eye color, how old the suspect is on their 5th
birthday) public safety exception (questions involving the location of a deadly weapon
which threatens public safety) spontaneous, voluntary statements, and custodial or
noncustodial questioning by non-law enforcement persons not acting as agents of the
police, are exceptions to the Miranda rule where they don't have to be read.
Identify the legal requirements governing preparation and execution of a search warrant
for a suspect's premises, vehicle, or person. - ANSWER a. Probable cause
b. Must particularly describe the items to be seized, must establish that the item to
be seized is stolen, contraband, used or possessed to commit or conceal the
commission of a crime, evidence of a crime or identity of a suspect
c. Description should be sufficient so that an officer unfamiliar with the investigation
will be able to seize property
d. Specific items to be described: stolen property, weapons, evidence of
ownership/possession, controlled substances, persons e. Identify the crime that was
committed
f. Describe the property to be searched: premises, a street address is legally sufficient.
Officers should include a physical description and directions or map. Vehicles:
include VIN, make, model, year, color, license, any unique characteristic.
g. Officers background: agency, years in LE, years on current assignment, certifications
and special training, education, knowledge of particular offense
h. Source of info: personal observation, hearsay (other people told you, anon tip, other
officers, citizen info, confidential informants, etc.)
i. Informant credibility: the best way to indicate the informant is credible is to show
he/she has given previous information which has led to arrests, convictions and
seizures of property of any type described in the instant warrant application. Present
warrant to judicial official, must make an independent judgment on if there is PC,
must advice judicial official of facts sufficient to establish PC.
j. Subject matter and territory play a part in who can execute warrant.
k. Warrant must be served within 48 hours otherwise it is VOID
l. Officer must give appropriate notice of identity and purpose.
,m.Before searching officers must read the warrant to the occupant. If no one is home,
leave a copy of the warrant affixed to the premise or vehicle searched
n. Must only search what is on the search warrant and in places only subjected to what
is being searched for in the warrant.
o. Evidence not named in warrant but is seen based on plain view may be seized.
p. Officers may not detain or frisk other persons unless there is reasonable suspicion to
believe they are armed or dangerous.
q. Officer must return the executed warrant to the clerk as well as a written inventory of
the items seized. Officer who executed warrant must sign and swear to the truth of
the inventory form. Unnecessary delay: absent special circumstances, the warrant
should be returned to the clerk on the date of execution or (if the clerk's office is
closed) on the next day of business
These are written laws enacted by the legislative branches - ANSWER Statutory laws
The fourth amendment covers what rights - ANSWER Unreasonable search and seizure
by the government
Under what circumstances can an officer make a felony arrest without a warrant -
ANSWER Committed in his presence
Subject matter jurisdiction
territorial jurisdiction
committed outside of his presence
What did Graham v Connor establish - ANSWER The overriding test for all use of force,
whether deadly or not, is whether the use of force was objectively reasonable under the
circumstances and at the time the force was used
What is the document called that is prepared by the plaintiff that indicated who he is
suing - ANSWER Complain
A magistrates summons in small claims court cannot exceed what dollar amount -
ANSWER 10000
If a defendant fails to file an ANSWER within the appropriate time, what may be entered
in
favor of the plaintiff - ANSWER A default judgement
Who initially hears a special proceeding - ANSWER Clerk of superior court
How many days does the defendant have to file a written ANSWER with the Clerk
of
superior courts office - ANSWER 10 days
, In a proceeding to terminate parental rights the summons tells the parents that they
must file an ANSWER to the Clerk of Superior Court within how many days - ANSWER
30
What is the first action a deputy must take when receiving a summons for service -
ANSWER Check for proper signatures
How many days after the date a clerk issues it must a civil summons be served -
ANSWER 60
Is there a statutory requirement to read or explain the summons to the defendant -
ANSWER No
Does a deputy have to make the defendant take possession of the summons -
ANSWER No; it can be left at their feet
What is the lawsuit by a landlord to evict a tenant from a rental property - ANSWER
Summary Ejectment
What is the legal process that commands a person to appear in court - ANSWER
Subpoena
Who must sign a child custody order - ANSWER district court judge
An ex-parte hearing must be given within how many hours - ANSWER 72
What is the court order that authorizes the seizure of real or personal property that is
sufficient in amount to satisfy a judgment for a stated amount - ANSWER Attachment
What is the seizure of property under a court order called - ANSWER Levy
What allows a deputy to take immediate delivery of a certain specified personal property
- ANSWER Claim and Delivery
What is the only type of property which may be seized in claim and deliveries -
ANSWER Personal
What is the only prejudgment remedy that specifically authorizes the use of force -
ANSWER claim and delivery
Who is the only court officer that is authorized to issue an execution on an unsatisfied
judgment - ANSWER Clerk of Court
