ND Post Exam Study Guide

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Questions and Answers

Where can an officer take a 10-56? (Select all that apply)

Detox (correct)

Hospital (correct)

Jail (correct)

The person's home (correct)

How long can an intoxicated person be held in jail?

24 hours

Who can order treatment and for how long?

Physician, LAC, or detox center (for 72 hours)

Can a person be charged with public intoxication in ND?

False Signup and view all the answers

When can a minor (under 21) possess alcohol? (Select all that apply)

Entering restaurants Signup and view all the answers

What must you do for a juvenile drinking (under 18)?

Arrest (refer to court) Signup and view all the answers

When is a person deemed 21?

8 am of their 21st birthday (for alcohol purposes) Signup and view all the answers

What is the charge level for misrepresentation/misstating of age?

Class B misdemeanor Signup and view all the answers

What is the charge level for delivering alcohol to a minor?

Class A misdemeanor Signup and view all the answers

When is it prohibited to sell alcohol? (Select all that apply)

Between 2 am and 8 am on all other days Signup and view all the answers

What is the penalty for selling alcohol during prohibited times?

Class A misdemeanor Signup and view all the answers

How can you prove you were innocent of unlawful delivery of alcohol?

The purchaser falsely represented their age with reliable documents Signup and view all the answers

Can a person who was operating under the influence of intoxicating liquor be refused release upon promise to appear?

True Signup and view all the answers

Define criminal attempt.

A substantial step toward the commission Signup and view all the answers

Define criminal facilitation.

Assistance to a person intending to commit a felony Signup and view all the answers

Define conspiracy.

If he agrees with one or more persons to engage Signup and view all the answers

Define criminal solicitation.

Induced, entreats, persuades, to commit a felony Signup and view all the answers

Define physical obstruction of government function.

Obstruct administration Signup and view all the answers

Define preventing arrest or discharge of other duties.

Intent to prevent a public servant Signup and view all the answers

Define hindering law enforcement.

Hinder apprehension, prosecution, conviction Signup and view all the answers

Define criminal coercion.

Threaten to expose a secret Signup and view all the answers

Define threatening public servants.

Intent to influence official action Signup and view all the answers

Define impersonating officials.

Falsely pretends to be public servants Signup and view all the answers

Define prostitution.

Sollicits another person with the intent of being hired to engage in sex Signup and view all the answers

Define promoting prostitution.

Operates a prostitution business or house of prostitution Signup and view all the answers

Define facilitating prostitution.

Knowingly solicits a person to patronize a prostitute or procures a prostitute for a patron Signup and view all the answers

Define adultery.

Sexual relations with someone other than spouse Signup and view all the answers

Define fornication.

A minor engaging in a sexual act Signup and view all the answers

What are the charges for fornication? (Select all that apply)

Class A misdemeanor if in a public place Signup and view all the answers

Define bigamy.

Marrying a person who is already married to another Signup and view all the answers

Define sexual act.

Sexual contact requiring penetration Signup and view all the answers

Define sexual contact.

Touching for arousal or satisfaction of sexual or aggressive desires Signup and view all the answers

Define indecent exposure.

Masturbates in a public place Signup and view all the answers

When can a public disturbance be considered a riot?

When there is an assemblage of 5 or more people Signup and view all the answers

Define terrorizing.

Fear for their safety; threat to commit dangerous acts Signup and view all the answers

Define harassment.

Threat of injury by writing or by phone Signup and view all the answers

Define reckless endangerment.

Create a substantial risk of serious bodily injury or death Signup and view all the answers

Define menacing.

Place another in fear of imminent serious bodily injury Signup and view all the answers

Define felonious restraint.

Abduct another and restrain them under terrorizing circumstances Signup and view all the answers

Define criminal mischief.

Tampering with or damaging tangible property Signup and view all the answers

Where do appeals from municipal court and administrative hearings go?

District court Signup and view all the answers

Burglary is a combination of which two offenses?

Trespassing and any other crime; it is ALWAYS a felony Signup and view all the answers

Define unlawful imprisonment.

Unlawful restraint Signup and view all the answers

Define disorderly conduct.

Reckless disregard causing annoyance or alarm in a public place Signup and view all the answers

Define intentionally.

Purpose to do so (on purpose) Signup and view all the answers

Define recklessly.

Clearly unjustifiable disregard Signup and view all the answers

Define knowingly.

Firm belief Signup and view all the answers

Define negligently.

Unreasonable disregard Signup and view all the answers

Define willfully.

All except negligently - intentionally, recklessly, knowingly Signup and view all the answers

If a statute does not specify the culpability, what is it?

Willfully Signup and view all the answers

What is the difference between substantial and serious bodily injury?

Substantial is more temporary Signup and view all the answers

What do 'assault' and 'simple assault' have in common?

Both are 'willfully and negligently' Signup and view all the answers

If 'assault' and 'simple assault' is 'willfully and negligently', what is 'aggravated assault'?

Willfully and knowingly Signup and view all the answers

What level of injury is caused by 'simple assault' and 'assault'?

Simple assault includes bodily injury and assault includes substantial bodily injury Signup and view all the answers

Distinguish between the results of simple assault, assault, and aggravated assault.

It builds from bodily injury, to substantial bodily injury to serious and substantial bodily injury Signup and view all the answers

What is the charge level of simple assault?

B misdemeanor Signup and view all the answers

What is the charge level of assault?

A misdemeanor Signup and view all the answers

What is the charge level of aggravated assault?

C felony Signup and view all the answers

What is the culpability and result of manslaughter?

Recklessly and death Signup and view all the answers

What are the injuries and penalties for murder?

AA felony - intentionally and knowingly Signup and view all the answers

What are the injuries and penalties for negligent homicide?

C felony - negligently Signup and view all the answers

What are the injuries and penalties for murder under emotional disturbance?

A felony Signup and view all the answers

Name three homicides and their class/level of offense. (Select all that apply)

Negligent homicide (C felony) Signup and view all the answers

When is an assault a C felony?

If it is a child under the age of 12 or a cop Signup and view all the answers

What is the statute of limitations for a misdemeanor?

2 years Signup and view all the answers

What is the statute of limitations for a basic felony?

3 years Signup and view all the answers

What is the statute of limitations for Gross Sexual Imposition (GSI)?

7 years Signup and view all the answers

What is the statute of limitations for murder?

No limit Signup and view all the answers

Which agency is responsible for enforcing branding laws?

Stockman's Association Signup and view all the answers

Robbery is a combination of which two offenses?

Theft and assault Signup and view all the answers

What is the burden of proof for a non-criminal traffic case?

Preponderance of evidence Signup and view all the answers

What is the burden of proof for an administrative hearing?

Probable cause Signup and view all the answers

What is the burden of proof for a criminal trial?

Beyond reasonable doubt Signup and view all the answers

When do you need to satisfy the 'probable cause' burden of proof? (Select all that apply)

Search warrants Signup and view all the answers

What is a preliminary hearing for?

To decide if there is sufficient evidence to suggest a crime was committed and the defendant committed it Signup and view all the answers

What is the burden of proof to stop a motor vehicle?

Reasonable suspicion Signup and view all the answers

Who transports prisoners between states?

US Marshals Signup and view all the answers

Who investigates counterfeits?

Secret Service Signup and view all the answers

Which agency is the state repository of crime statistics?

ND Attorney General Signup and view all the answers

If someone doesn't show up for court or post bond for a non-criminal traffic citation, what happens to the original offense?

They're pronounced guilty Signup and view all the answers

What other offense have they committed if they do not show up to court or post bond for a non-criminal traffic offense?

B misdemeanor 'Failure to appear' Signup and view all the answers

How far outside of their jurisdiction may a police officer assume jurisdiction?

1.5 miles for city and 500 yards for county border Signup and view all the answers

What are the exceptions to the misdemeanor arrest rule? (Select all that apply)

Domestic violence Signup and view all the answers

When must you 'Mirandize' someone?

When they are being questioned and when they are in custody Signup and view all the answers

Who can give permission to take a picture of a juvenile suspect?

Judge Signup and view all the answers

Miranda is a combination of which two amendments to the US Constitution? (Select all that apply)

6th: right to speedy trial Signup and view all the answers

What are the pertinent amendments of constitutional law and their definitions? (Select all that apply)

8th: cruel and unusual punishment/bail Signup and view all the answers

What is the duty of the legislative branch?

Make laws Signup and view all the answers

What is the duty of the executive branch?

Enforce law Signup and view all the answers

What is the duty of the judicial branch?

Interpret Signup and view all the answers

As a police officer, may you force entry into a home under exigent circumstances? (Select all that apply)

Suspects escape is imminent Signup and view all the answers

What are the exceptions to the warrant requirements? (Select all that apply)

Search incident to arrest Signup and view all the answers

The first 10 amendments to the US Constitution are called?

Bill of Rights Signup and view all the answers

Which amendment provides the right against unreasonable search and seizure?

4th amendment Signup and view all the answers

In most misdemeanor cases, how many jurors are there?

6 Signup and view all the answers

In felony cases, how many jurors are there?

12 Signup and view all the answers

When the juror consists of only one person, who is the juror?

The judge Signup and view all the answers

What do we call the type of trial where the judge is the only person?

Bench trial Signup and view all the answers

Who can police put in detox and for how long? (Select all that apply)

Those who are a danger to themselves or others Signup and view all the answers

What is the penalty of an infraction?

Fine up to $500 Signup and view all the answers

What is the penalty for a B misdemeanor?

30 days and $1000 Signup and view all the answers

Study Notes

An officer can take a 10-56 (intoxicated person) to four places: home, detox center, hospital, or jail.
An intoxicated person can be held in jail for a maximum of 24 hours.
Treatment can be ordered by a physician, LAC, or detox center for up to 72 hours.
Public intoxication charges are not applicable in ND.

Minor Alcohol Possession Exceptions

Minors (under 21) may possess alcohol for religious services, entering restaurants, employment-related scenarios, or if they're underage law enforcement officers.

Juvenile Alcohol Offenses

A juvenile drinking under 18 must be arrested and referred to court.

Age and Charges

A person is legally deemed 21 years old at 8 AM on their 21st birthday regarding alcohol laws.
Misrepresentation or misstating of age results in a Class B misdemeanor.
Deliberately delivering alcohol to minors or other restricted individuals leads to a Class A misdemeanor.

Alcohol Sale Regulations

Selling alcohol is prohibited after 2 AM on Sundays, before noon on Sundays, between 2 AM and 8 AM on weekdays, and after 6 PM on Christmas Eve. Violations are Class A misdemeanors.
Innocence in unlawful alcohol delivery can be proven by demonstrating the purchaser falsely represented their age with documents.

Criminal Offenses Definitions

Criminal attempt involves a substantial step toward committing a crime.
Criminal facilitation refers to assistance provided to someone intending to commit a felony.
Conspiracy is agreeing to engage in criminal activity with others.

Physical and Legal Obstruction

Preventing an arrest or obstructing public servants are serious offenses.
Hindering law enforcement can lead to charges, as does criminal coercion or posing as public officials.

Sexual Offenses Definitions

Prostitution involves soliciting for sex, while promoting prostitution is managing a prostitution business.
Adultery refers to sexual relations outside of marriage; fornication applies to sexual acts by minors.

Assault and Homicide Classifications

Different levels of assault include simple assault (B misdemeanor), assault (A misdemeanor), and aggravated assault (C felony).
Manslaughter is based on recklessness leading to death, whereas murder involves intentionality and is classified as an AA felony.

Statutes of Limitations

Misdemeanors have a 2-year limit, while basic felonies are 3 years. Gross Sexual Imposition (GSI) has a 7-year limit, and murder has no limit.

Law Enforcement Responsibilities

Municipal court appeals go to district court; US Marshals transport prisoners, and Secret Service investigates counterfeits.
Officers can operate outside their jurisdiction under specific distances (1.5 miles for cities, 500 yards for counties).

Court Processes and Procedures

Probable cause is needed for administrative hearings and stopping a vehicle requires reasonable suspicion.
Juror numbers differ, with 6 jurors in misdemeanor cases and 12 in felony cases.

Constitutional Law

Key amendments include the 1st (free speech), 2nd (right to bear arms), 4th (search and seizure), and 5th (self-incrimination).
Miranda rights originate from the 5th and 6th amendments, protecting against self-incrimination and ensuring the right to counsel.

Miscellaneous

Infractions may result in fines up to $500, while Class B misdemeanors can incur up to 30 days in jail and fines up to $1,000.

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Description

Prepare for your ND Post Exam with this study guide covering key concepts related to intoxication laws and procedures. This quiz will help reinforce your understanding of where officers can take intoxicated individuals, jail time, and treatment orders. Test your knowledge and review important definitions to succeed in your exam.