CPL Flashcards
Which of the following is not correct according to Article 690 C.P.L.?
A: A Search Warrant may be executed between 9:00 PM to 6:00 AM only if properly endorsed for such execution.
B: “Night” means 1/2 hour after sunset to 1/2 hour before sunrise.
C: Notice of the executing police officer’s purpose and authority need not be given when executing a Search Warrant upon unoccupied premises.
D: Before a “no-knock” endorsement is made on a Search Warrant, allegations of fact supporting the reasons for the request must be made.
B: “Night” means 1/2 hour after sunset to 1/2 hour before sunrise.
Which of the following is inaccurate re: personal property which may be subject to seizure under a Search Warrant?
A: Stolen property may be seized.
B: Unlawfully possessed property may be seized.
C: Property which is possessed for the purpose of concealing the commission of an offense in New York State may be seized.
D: Property which will merely be “evidence” may not be seized.
D: Re: choice C, if the offense is outside New York, it must be for a FELONY.
A Search Warrant must be executed not more than _____ days after the date of issuance and it must thereafter be returned to the court without necessary delay.
Which of the following would correctly complete the above statement?
A: 15
B: 20
C: 10
D: 30
C: Be careful if they give you calendar dates.
Which of the following is not correct according to the Search Warrant provision of the C.P.L.?
A: A Search Warrant may be executed on any day of the week, including Sunday, without special judicial direction.
B: A Search Warrant may be executed between 9:00 PM to 6:00 AM only if it has been endorsed for nighttime execution.
C: An application for a Search Warrant must be in writing and sworn to by the proper public servant.
D: Any request made to have a Search Warrant endorsed for 9:00 PM to 6:00 AM service or for “no-knock” provisions must be accompanied by allegations of fact supporting the reasons for the request.
C: Can apply orally.
In executing a Search Warrant which directs the search of premises or a vehicle, a police officer need not give notice to anyone of his authority and purpose if
- such premises or vehicle are unoccupied.
- the police officer reasonably believes the premises or vehicle are unoccupied.
- the Search Warrant expressly authorizes such an entry (“no-knock”).
A: #1, #2 and #3 are correct
B: #1 and #2 are correct but #3 is not
C: #1 and #3 are correct but #2 is not
D: #1 and #2 are incorrect but #3 is correct
A: #1, #2 and #3 are correct
Which of the following is not correct re: the Search Warrant provisions of the C.P.L.?
A: A Search Warrant which directs the search of a designated premises may also direct a search of any PERSON present therein.
B: A Search Warrant issued by the New York City Criminal Court may be executed anywhere in the state.
C: A Search Warrant issued by a district court may be executed anywhere in the state.
D: A Search Warrant issued by a superior court judge sitting as a local criminal court may be executed anywhere in the state.
E: A Search Warrant issued by a village court may be executed only in the county of issuance.
E: Re: choice A, remember court decision re: PROBABLE CAUSE. This could be a problem re: the answer.
Assume that a Search Warrant is issued by a Supreme Court justice sitting as a local criminal court in Onondaga County for a criminal residing in Nassau County. According to the C.P.L., which of the following is not correct?
A: Such a Search Warrant may be executed in any county in the state.
B: A New York State Trooper can execute said Warrant in Nassau County if it is addressed to him.
C: A police officer of any city police department located in Onondaga County (if any) may execute said warrant in Nassau County if it is addressed to him.
D: A town police officer from Onondaga County may execute said warrant in Nassau County if it is addressed to him.
D: A town police officer from Onondaga County may execute said warrant in Nassau County if it is addressed to him.
P.O. Mullins has a Warrant of Arrest for Roger, but Roger is believed to be in Tondelayo’s residence. P.O. Mullins obtains a Search Warrant from the court to search Tondelayo’s house for Roger. Mullins asks the judge for “no-knock” endorsement on the Search Warrant.
Evaluate the following conditions and determine which, if any, would authorize the judge to give Mullins the endorsement.
- The Warrant of Arrest is for a felony.
- Mullins has reasonable cause to believe that if he knocks, Roger will commit another felony.
- Mullins has reasonable cause to believe that if he knocks, he or another will be endangered.
- Mullins has reasonable cause to believe that if he knocks, material evidence will be destroyed or disposed of.
A: #1 and #2, #3 or #4 are required
B: #1 and #2 or #3 are required
C: #2, #3 or #4 are required
D: #1 and #3 or #4 are required
B: The standard for obtaining “no-knock” endorsement in this case is NOT the same as with an ordinary Search Warrant. Please note that the Search Warrant provisions control over the Arrest Warrant provisions when seeking to make an unannounced entry into a third-party residence.
Detective Mullins has arrested Roger as per a Warrant of Arrest. The arrest was made following a search of Tondelayo’s residence as per a Search Warrant properly issued and executed.
Based on the above, evaluate the following statements.
- Detective Mullins must, without unnecessary delay, file a written instrument with the court which issued the Search Warrant, subscribed and sworn to by Detective Mullins, setting forth that Roger has been arrested and duly brought before the appropriate court.
- Detective Mullins is required to return the Search Warrant to the court of issuance.
- Detective Mullins is required to bring any property seized in the course of the execution to the court in which Roger will be arraigned.
A: All 3 are correct
B: Only #1 and #2 are correct
C: Only #2 and #3 are correct
D: Only #2 is correct
B: See 690.50, Subd. 6 C.P.L.
A Search Warrant must contain all of the following, except
A: the name of the issuing court.
B: the subscription of the issuing judge.
C: the name, department or classification of the police officer to whom it is addressed.
D: a description of the property which is the subject of the search, or, in the case of a Search Warrant as defined in 690.05 2(b) C.P.L., a description of the person to be searched for.
B: Except if the Search Warrant is obtaining on an ORAL application.
