Podcast
Questions and Answers
Where can an officer take a 10-56? (Select all that apply)
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?
How long can an intoxicated person be held in jail?
24 hours
Who can order treatment and for how long?
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?
Can a person be charged with public intoxication in ND?
When can a minor (under 21) possess alcohol? (Select all that apply)
When can a minor (under 21) possess alcohol? (Select all that apply)
What must you do for a juvenile drinking (under 18)?
What must you do for a juvenile drinking (under 18)?
When is a person deemed 21?
When is a person deemed 21?
What is the charge level for misrepresentation/misstating of age?
What is the charge level for misrepresentation/misstating of age?
What is the charge level for delivering alcohol to a minor?
What is the charge level for delivering alcohol to a minor?
When is it prohibited to sell alcohol? (Select all that apply)
When is it prohibited to sell alcohol? (Select all that apply)
What is the penalty for selling alcohol during prohibited times?
What is the penalty for selling alcohol during prohibited times?
How can you prove you were innocent of unlawful delivery of alcohol?
How can you prove you were innocent of unlawful delivery of alcohol?
Can a person who was operating under the influence of intoxicating liquor be refused release upon promise to appear?
Can a person who was operating under the influence of intoxicating liquor be refused release upon promise to appear?
Define criminal attempt.
Define criminal attempt.
Define criminal facilitation.
Define criminal facilitation.
Define conspiracy.
Define conspiracy.
Define criminal solicitation.
Define criminal solicitation.
Define physical obstruction of government function.
Define physical obstruction of government function.
Define preventing arrest or discharge of other duties.
Define preventing arrest or discharge of other duties.
Define hindering law enforcement.
Define hindering law enforcement.
Define criminal coercion.
Define criminal coercion.
Define threatening public servants.
Define threatening public servants.
Define impersonating officials.
Define impersonating officials.
Define prostitution.
Define prostitution.
Define promoting prostitution.
Define promoting prostitution.
Define facilitating prostitution.
Define facilitating prostitution.
Define adultery.
Define adultery.
Define fornication.
Define fornication.
What are the charges for fornication? (Select all that apply)
What are the charges for fornication? (Select all that apply)
Define bigamy.
Define bigamy.
Define sexual act.
Define sexual act.
Define sexual contact.
Define sexual contact.
Define indecent exposure.
Define indecent exposure.
When can a public disturbance be considered a riot?
When can a public disturbance be considered a riot?
Define terrorizing.
Define terrorizing.
Define harassment.
Define harassment.
Define reckless endangerment.
Define reckless endangerment.
Define menacing.
Define menacing.
Define felonious restraint.
Define felonious restraint.
Define criminal mischief.
Define criminal mischief.
Where do appeals from municipal court and administrative hearings go?
Where do appeals from municipal court and administrative hearings go?
Burglary is a combination of which two offenses?
Burglary is a combination of which two offenses?
Define unlawful imprisonment.
Define unlawful imprisonment.
Define disorderly conduct.
Define disorderly conduct.
Define intentionally.
Define intentionally.
Define recklessly.
Define recklessly.
Define knowingly.
Define knowingly.
Define negligently.
Define negligently.
Define willfully.
Define willfully.
If a statute does not specify the culpability, what is it?
If a statute does not specify the culpability, what is it?
What is the difference between substantial and serious bodily injury?
What is the difference between substantial and serious bodily injury?
What do 'assault' and 'simple assault' have in common?
What do 'assault' and 'simple assault' have in common?
If 'assault' and 'simple assault' is 'willfully and negligently', what is 'aggravated assault'?
If 'assault' and 'simple assault' is 'willfully and negligently', what is 'aggravated assault'?
What level of injury is caused by 'simple assault' and 'assault'?
What level of injury is caused by 'simple assault' and 'assault'?
Distinguish between the results of simple assault, assault, and aggravated assault.
Distinguish between the results of simple assault, assault, and aggravated assault.
What is the charge level of simple assault?
What is the charge level of simple assault?
What is the charge level of assault?
What is the charge level of assault?
What is the charge level of aggravated assault?
What is the charge level of aggravated assault?
What is the culpability and result of manslaughter?
What is the culpability and result of manslaughter?
What are the injuries and penalties for murder?
What are the injuries and penalties for murder?
What are the injuries and penalties for negligent homicide?
What are the injuries and penalties for negligent homicide?
What are the injuries and penalties for murder under emotional disturbance?
What are the injuries and penalties for murder under emotional disturbance?
Name three homicides and their class/level of offense. (Select all that apply)
Name three homicides and their class/level of offense. (Select all that apply)
When is an assault a C felony?
When is an assault a C felony?
What is the statute of limitations for a misdemeanor?
What is the statute of limitations for a misdemeanor?
What is the statute of limitations for a basic felony?
What is the statute of limitations for a basic felony?
What is the statute of limitations for Gross Sexual Imposition (GSI)?
What is the statute of limitations for Gross Sexual Imposition (GSI)?
What is the statute of limitations for murder?
What is the statute of limitations for murder?
Which agency is responsible for enforcing branding laws?
Which agency is responsible for enforcing branding laws?
Robbery is a combination of which two offenses?
Robbery is a combination of which two offenses?
What is the burden of proof for a non-criminal traffic case?
What is the burden of proof for a non-criminal traffic case?
What is the burden of proof for an administrative hearing?
What is the burden of proof for an administrative hearing?
What is the burden of proof for a criminal trial?
What is the burden of proof for a criminal trial?
When do you need to satisfy the 'probable cause' burden of proof? (Select all that apply)
When do you need to satisfy the 'probable cause' burden of proof? (Select all that apply)
What is a preliminary hearing for?
What is a preliminary hearing for?
What is the burden of proof to stop a motor vehicle?
What is the burden of proof to stop a motor vehicle?
Who transports prisoners between states?
Who transports prisoners between states?
Who investigates counterfeits?
Who investigates counterfeits?
Which agency is the state repository of crime statistics?
Which agency is the state repository of crime statistics?
If someone doesn't show up for court or post bond for a non-criminal traffic citation, what happens to the original offense?
If someone doesn't show up for court or post bond for a non-criminal traffic citation, what happens to the original offense?
What other offense have they committed if they do not show up to court or post bond for a non-criminal traffic offense?
What other offense have they committed if they do not show up to court or post bond for a non-criminal traffic offense?
How far outside of their jurisdiction may a police officer assume jurisdiction?
How far outside of their jurisdiction may a police officer assume jurisdiction?
What are the exceptions to the misdemeanor arrest rule? (Select all that apply)
What are the exceptions to the misdemeanor arrest rule? (Select all that apply)
When must you 'Mirandize' someone?
When must you 'Mirandize' someone?
Who can give permission to take a picture of a juvenile suspect?
Who can give permission to take a picture of a juvenile suspect?
Miranda is a combination of which two amendments to the US Constitution? (Select all that apply)
Miranda is a combination of which two amendments to the US Constitution? (Select all that apply)
What are the pertinent amendments of constitutional law and their definitions? (Select all that apply)
What are the pertinent amendments of constitutional law and their definitions? (Select all that apply)
What is the duty of the legislative branch?
What is the duty of the legislative branch?
What is the duty of the executive branch?
What is the duty of the executive branch?
What is the duty of the judicial branch?
What is the duty of the judicial branch?
As a police officer, may you force entry into a home under exigent circumstances? (Select all that apply)
As a police officer, may you force entry into a home under exigent circumstances? (Select all that apply)
What are the exceptions to the warrant requirements? (Select all that apply)
What are the exceptions to the warrant requirements? (Select all that apply)
The first 10 amendments to the US Constitution are called?
The first 10 amendments to the US Constitution are called?
Which amendment provides the right against unreasonable search and seizure?
Which amendment provides the right against unreasonable search and seizure?
In most misdemeanor cases, how many jurors are there?
In most misdemeanor cases, how many jurors are there?
In felony cases, how many jurors are there?
In felony cases, how many jurors are there?
When the juror consists of only one person, who is the juror?
When the juror consists of only one person, who is the juror?
What do we call the type of trial where the judge is the only person?
What do we call the type of trial where the judge is the only person?
Who can police put in detox and for how long? (Select all that apply)
Who can police put in detox and for how long? (Select all that apply)
What is the penalty of an infraction?
What is the penalty of an infraction?
What is the penalty for a B misdemeanor?
What is the penalty for a B misdemeanor?
Study Notes
Alcohol-Related Laws in ND
- 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.
