Article 160 Fingerprinting Flashcards
CPL 160.10
Select the correct answer.
Assume that driving while intoxicated is a misdemeanor defined in the Vehicle and Traffic Law. Upon a second conviction, the conviction is a felony.
A person is charged with driving while intoxicated. The arresting officer knows of the previous conviction, having also arrested the defendant for that offense. The defendant now objects to being fingerprinted. The arresting officer, according to CPL:
(a) should not fingerprint him, because he knows of the prior conviction and has the earlier set of prints
(b) must fingerprint him, because CPL requires it
(c) should not fingerprint him, because the charge is not “finger printable” under CPL
(d) should fingerprint him, so that the defendant doesn’t think he can avoid being fingerprinted just because he objects.
Answer: (b)
Choice (b) is correct (CPL 160.10). Fingerprints must be taken in a felony arrest. In addition, fingerprinting is required because the arrest here is for “a misdemeanor defined outside the penal law which would constitute a felony if such person had a previous judgment of conviction.” In this situation, the arresting officer knew of the previous conviction. If that were not the case, fingerprinting would still be required to determine whether the charge should be for a misdemeanor or a felony.
CPL 160.10
With regard to the taking of fingerprints, select all of the correct answers.
In an arrest or filing of an accusatory instrument, fingerprints must be taken:
(a) For a felony or a misdemeanor defined in the Penal Law
(b) For a misdemeanor defined outside the Penal Law
In connection with an arrest for any offense with or without a warrant, fingerprints may be taken:
(c) If unable to ascertain the subject’s identity
(d) For reasonable suspicion that the I.D. given is not accurate
(e) For reasonable suspicion that the subject is being sought by law enforcement officials for the commission of some other offense.
(a), (c), (d) and (e)
Statement (b) is incomplete. Such misdemeanor must constitute a felony if such person had a previous judgment of conviction for a crime.
CPL 160.10-2(a)
Select the correct answer.
A police officer who arrests a defendant may, according to CPL, take the defendant’s fingerprints if the officer:
(a) believes the defendant may escape
(b) believes the defendant’s fingerprints should be on file
(c) reasonably believes the defendant will be prosecuted for the crime
(d) is unable to ascertain such person’s identity.
Answer: (d)
Choice (d) is correct [CPL 160.10-2(a)].
CPL 160.20
Select the correct answer.
According to CPL, upon taking fingerprints from a person arrested, the appropriate police officer or agency must send copies to:
(a) New York State Police
(b) Federal Bureau of Investigation
(c) New York City Police Bureau of Identification
(d) State Division of Criminal Justice Services.
Answer: (d)
Choice (d) is correct (CPL 160.20).
CPL 160.40
Select the correct statement.
CPL provides that the classification of fingerprints be done by the State Division of Criminal Justice Services. The disposition of their report is as follows:
(a) They send one copy each to the forwarding police agency, the court, the prosecutor and defense counsel
(b) They send all copies to the appropriate prosecutor
(c) They send all copies to the forwarding police agency, which must then send two copies to the court and one to the prosecutor
(d) The defendant or his counsel are not permitted to obtain a copy of the report.
Answer: (c)
Choice (c) is correct (CPL 160.40). State Division of Criminal Justice Services sends all copies to police agency. Police agency sends two copies to court and one to prosecutor. Court sends one to defendant’s counsel or defendant.
CPL 160.45
Select the correct statement as to a victim of a sexual assault crime concerning submission to a polygraph test or a psychological stress evaluator examination:
(a) A district attorney may request such a test
(b) A district attorney may require such a test
(c) Such a test may be requested but cannot be required
(d) Such a test may neither be requested nor required.
Answer: (d)
Choice (d) is correct, CPL 160.45. The prohibition applies to “district attorney, police officer or employee of any law enforcement agency.”
CPL 160.50-l(c)
Select the correct answer.
Tom, arrested for burglary, went to trial and was found not guilty. All official records and papers relating to the arrest and prosecution, not including published court decisions or opinions, or records and briefs on appeal, according to CPL, are now by court order:
(a) filed
(b) sent to Tom, or his attorney
(c) destroyed
(d) sealed.
Answer: (d)
Choice (d) is correct [CPL 160.50-l(c)].
Sealed
