Criminal Procedure Law

Question 1

Which of the following is not correct re: Arrest Warrants?

A: The sole function of a Warrant of Arrest is to achieve a defendant’s appearance in a criminal action for the purpose of arraignment.
B: A Warrant of Arrest must be addressed to a named individual police officer.
C: The court is not required to issue a Warrant of Arrest for every accusatory instrument even when the instruments are sufficient on their faces.
D: If the court is satisfied that the defendant will respond to a Summons it may not issue a Warrant of Arrest.

Answer 1

B: See 120.10 and 120.20.

Question 2

Which of the following is not correct re: execution of an Arrest Warrant?

A: It directs any peace officer to arrest a defendant designated in an accusatory instrument filed with the court.
B: It may be addressed to a classification of police officers.
C: It may be addressed to two or more classifications of police officers.
D: It may be addressed to a designated individual police officer.
E: More than one copy of the Arrest Warrant may be issued.

Answer 2

A: It directs any peace officer to arrest a defendant designated in an accusatory instrument filed with the court.

Question 3

Which of the following is not correct re: execution of an Arrest Warrant?

A: It may be executed by any police officer to whom it is addressed.
B: It may be executed by any police officer properly delegated by the police officer to whom it is addressed.
C: If issued by a District Court, New York City Criminal Court, or a Superior Court judge sitting as a Local Criminal Court, the Arrest Warrant may be executed anywhere in the state.
D: A Warrant of Arrest issued by a City Court, a Town Court, or a Village Court may be executed only in the county where issued.

Answer 3

D: A Warrant of Arrest issued by a City Court, a Town Court, or a Village Court may be executed only in the county where issued.

Question 4

Consider the following statements

1. A Warrant of Arrest for a felony may be executed on any day of the week
   and at any hour of the day or night without special endorsements.
2. A Warrant of Arrest for a misdemeanor or petty offense may be executed
   at night or on Sunday only if there is a special endorsement permitting
   such execution.
3. The officer need not have the Warrant of Arrest in his possession while
   executing it.

According to the C.P.L.,

A: #1, #2 and #3 are correct.
B: #1 and #2 are correct but #3 is false.
C: #2 and #3 are correct but #1 is false.
D: #1 and #3 are correct but #2 is false.

Answer 4

D: #1 and #3 are correct but #2 is false. No such restriction.

Question 5

Which of the following is not correct re: the service of a Summons?

A: It may be served anywhere in the county of issuance or in an adjoining country.
B: It may be served by any peace officer.
C: It may be served by any complainant who is 18 years old or more.
D: It may be served by any person at least 18 years old who is designated by the court.

Answer 5

B: Any POLICE officer.

Question 6

Article 130 of the C.P.L. deals with Summonses. Which of the following is not correct according to this article?

A: A Summons is always a Local Criminal Court process directing a defendant designated in an accusatory instrument to appear before the court in connection with such accusatory instrument.
B: The only function of a Summons is to achieve a defendant’s court appearance for arraignment.
C: A Summons may be served by a police officer or by any complainant who is at least 18 years old.
D: If the defendant fails to appear in response to a Summons, the court may issue a Warrant of Arrest.

Answer 6

A: A Summons is always a Local Criminal Court process directing a defendant designated in an accusatory instrument to appear before the court in connection with such accusatory instrument.

Question 7

You are a police officer who works in Putnam County. Roger commits a robbery in Putnam County. A previously reliable informant gives you PROBABLE CAUSE that Roger may be found in the City of Yonkers in Westchester County. You go to Westchester County and file a FELONY COMPLAINT with a Superior Court judge sitting as a Local Criminal Court in Westchester. On the basis of this FELONY COMPLAINT, and in reliance on the provisions of Section 120.50 of the C.P.L., you request that a
WARRANT OF ARREST for Roger be addressed to you.

Based on the above, evaluate the following statements.

1. The FELONY COMPLAINT was not properly filed since the robbery did not occur in Westchester.
2. The WARRANT OF ARREST may not be issued by the judge since the offense did not occur in Westchester.

A: Both statements are correct
B: Both statements are incorrect
C: Only statement #1 is correct
D: Only statement #2 is correct

Answer 7

A: See 100.55(7) as well as 120.50.

Question 8

Roger commits a Class A Misdemeanor in the City of Yonkers located in Westchester County. If a CITY COURT in Yonkers issues a Warrant of Arrest for Roger, such warrant may be addressed to any of the following, except

A: a City of Yonkers police officer.
B: a Westchester County Sheriff.
C: a police officer from the Town of Eastchester which is in Westchester County and adjoins the City of Yonkers.
D: a N.Y.S. police officer.

Answer 8

C: Remember the rule. The Warrant of Arrest can be addressed to a public officer whose G.A.O.E. covers:
– the place where offense was committed,
OR
– the locality of issuing court.

Question 9

Tondelayo commits a crime in the Town of Eastchester which is in Westchester County. If an Eastchester Town Court issues a Warrant of Arrest for Tondelayo, it may be addressed to any of the following, except

A: a Town of Eastchester police officer.
B: a Westchester County Sheriff.
C: a N.Y.S. police officer.
D: a Town of Greenburgh police officer.

Answer 9

D: Same rule as in previous answer. See 120.50 C.P.L.

Question 10

Roger commits a FELONY in the Town of Greenburgh which is in Westchester County. A Warrant of Arrest for Roger is issued by the Town Court of Eastchester in Westchester County. This warrant may be addressed to any of the following, except

A: an Eastchester police officer.
B: a Westchester County police officer.
C: a N.Y.S. police officer.
D: a police officer from a CITY which is wholly contained in the County of Westchester.

Answer 10

D: Is this city police officer’s G.A.O.E. where the offense occurred or where the court is located? NO.

Question 11

A FELONY has been committed in Westchester County, within the Town of Eastchester. Evaluate which of the following courts is a court in which the Felony Complaint may be filed

1. A Town Court in the Town of Greenburgh.
2. A City Court in the City of Yonkers.
3. A Superior Court judge sitting as a Local Criminal Court in the City of White Plains in Westchester County.

A: #1 and #3 but not #2
B: #1 and #2 but not #3
C: #1 but not #2 or #3
D: #1, #2 or #3

Answer 11

A: See Section 100.55, Subd. 6 and 7 (which deals with SUPERIOR COURT

Question 12

If a Warrant of Arrest is issued by certain courts, it may be executed anywhere in New York State. Which of the following courts have such statewide jurisdiction?

1. District Court
2. New York City Criminal Court
3. Superior Court judge sitting as a Local Criminal Court
4. Town Court

A: #1, #2 and #3 but not #4
B: #1 and #2 but not #3 and #4
C: #2 but not #1, #3 and #4
D: #2 and #3 but not #1 and #4

Answer 12

A: #1, #2 and #3 but not #4

Question 13

Warrants of Arrest issued by which of the following courts are valid anywhere in New York State?

A: Village
B: Town
C: City
D: District

Answer 13

D: District

Question 14

With respect to Warrants of Arrest, which of the following statements is not correct?

A: It may be issued only by the local criminal court with which the underlying accusatory instrument has been filed.
B: It may be made returnable in the issuing court only.
C: It may be executed only by a police officer.
D: It may be executed anywhere in New York State if issued by a superior court judge sitting as a local criminal court.

Answer 14

C: Section 120.55 allows PAROLE or PROBATION OFFICERS to execute Warrants of Arrest under certain circumstances. This authority seems inconsistent with the remaining provisions of Article 120 C.P.L.

Question 15

A less-than-felony Warrant of Arrest has been properly delegated for execution from Suffolk County to Putnam County. For how long may the delegated police officer hold the defendant before giving him an option to attend court in Putnam County.

A: A reasonable period
B: Two hours
C: Four hours
D: Six hours

Answer 15

B: An overused question.

Question 16

Evaluate the following situations and determine which, if any, can give an executing police officer authority to forcibly enter premises without first giving notice of his purpose and authority.

1. Notice will result in the defendant escaping or attempting to escape.
2. Notice will endanger the life or safety of the officer or another person.
3. Notice will result in the destruction, damaging or secretion of material evidence.
4. Notice has been dispensed with by way of a court issued “No-Knock” Warrant.

A: #1, #2, #3 and #4
B: #1 and #2 but not #3 and #4
C: #1, #2 and #3 but not #4
D: #4 but not #1, #2 or #3

Answer 16

C: There are no “No-Knock” Arrest Warrants.

Question 17

A Warrant of Arrest for Roger has been issued to any member of the Nassau County Police Department by a District Court in Mineola. The warrant is for GRAND LARCENY. Detective Mullins, a Nassau County P.D. detective, has reasonable cause to believe that Roger is at a particular location within the confines of the City of Yonkers.

Based on the above, the statement below which is not correct is:

A: Detective Mullins could properly execute the Warrant of Arrest in Westchester County.
B: Detective Mullins could delegate the execution of the Warrant of Arrest to a police officer in the City of Yonkers.
C: Whether Detective Mullins executes the Warrant of Arrest, or the Yonkers police execute the Warrant of Arrest, Roger will be returned to the issuing court.
D: If the Warrant of Arrest is delegated by Detective Mullins to a police officer in Yonkers and Roger is arrested by the Yonkers police, Roger must be given an option re: court appearance if he cannot be delivered to Detective Mullins within two hours.

Answer 17

D: The only time there is an OPTION is when:

• • the warrant is NOT SO SERIOUS (less than felony)
• • it is delegated FAR AWAY (beyond adjoining county)
• • the defendant is not in DEFAULT OF BAIL.

Question 18

P.O. Mullins, assigned to the Third Precinct in Yonkers, has a Warrant of Arrest for Roger. Mullins has R.C.T.B. that Roger is currently hiding out in Tondelayo’s residence within the confines of the Third Precinct. P.O. Mullins comes to you, a Patrol Sergeant, and asks, “How do I handle this arrest of Roger on the warrant?” Your most appropriate response should be,

A: “Go to Tondelayo’s residence, knock on the door, and if she refuses to answer, enter forcibly and arrest Roger.”
B: “Go to court and get ‘NO-KNOCK’ endorsement on the Arrest Warrant. Then break in and execute the warrant.”
C: “If there is no consent from Tondelayo and no exigent circumstances, you will need a Search Warrant for Tondelayo’s residence as well as the Arrest Warrant for Roger.”
D: “First, go to court to get a ‘NO-KNOCK’ endorsement on your Warrant of Arrest and then get a Search Warrant for Tondelayo’s residence

Answer 18

C: There is no such thing as NO-KNOCK endorsement on a WARRANT OF ARREST. According to current law, when Roger is in another’s residence and there is no consent or exigent circumstances, a SEARCH WARRANT is also required to execute the Warrant of Arrest. If NO-KNOCK is sought on this kind of THIRD-PARTY SEARCH WARRANT, the court MAY grant it if:
– the WARRANT OF ARREST is for a FELONY AND
1. the bad guy might commit another felony,
OR
2. you may endanger yourself or another if you knock. See 690.35, Subd. 4(b).

Question 19

A Summons may be served by any of the following, except

A: a peace officer.
B: a police officer.
C: a complainant who is at least 18 years of age.
D: any person at least 18 years of age designated by the court.

Answer 19

A: Not in the list.

Question 20

Evaluate the following statements as per Article 130 C.P.L.

1. A Summons may only be issued by a LOCAL CRIMINAL COURT.
2. A Summons issued by a DISTRICT COURT may be served anywhere in New York State.
3. A Summons must contain the name of the issuing court and the name of the defendant to whom it is addressed.

A: All 3 are correct
B: Only #1 and #2 are correct
C: Only #1 and #3 are correct
D: Only #3 is correct

Answer 20

D: Re: #1, can be issued by SUPERIOR COURT re: certain Class E Felonies.
Re: #2, regardless of issuing court, it may be served only in the county of issuance of the adjoining county.

Question 21

The statement below which is not correct re: SUMMONSES in Article 130 C.P.L. is:

A: A Summons may be issued only by the LOCAL CRIMINAL COURT or SUPERIOR COURT with which the accusatory instrument underlying it has been filed.
B: A Summons may be made returnable only in the issuing court.
C: A Summons may be issued based on the filing of any local criminal court accusatory instrument or upon an indictment.
D: The sole function of a Summons is to achieve a defendant’s court appearance in a criminal action for the purpose of arraignment upon the accusatory instrument by which such action was commenced.

Answer 21

C: Not ANY local criminal court accusatory instrument. SIMPLIFIED INFORMATION can’t support the issuance of a Summons.

Question 22

Roger has been properly served with a Summons issued by a superior court on the basis of an INDICTMENT filed with said court. Roger does NOT appear on the returnable date. Based on these facts, the correct statement below is:

A: The court must now issue a Warrant of Arrest for Roger.
B: The court may now issue a Warrant of Arrest for Roger.
C: Roger has committed the PETTY OFFENSE of Failing to Respond to an Appearance Ticket.
D: Roger has committed the Class B Misdemeanor of Failing to Respond to
E: an Appearance Ticket.

Answer 22

B: The key word is MAY. Re: choices C and D, a SUMMONS as per Article 130 fingerprintable offense as per 160.10 C.P.L.

Question 23

P.O. Mullins has filed a FELONY COMPLAINT with the local criminal court charging Roger with GRAND LARCENY 4TH DEGREE. The court has issued a Summons naming Roger as the defendant and ordering him to appear in court on the return date for arraignment on the FELONY COMPLAINT. P.O. Mullins serves the Summons on Roger, who has NOT previously been fingerprinted.

Based on the above, evaluate the following statements.
1. Upon arraignment, the court must order that Roger be fingerprinted by the appropriate police officer and that Roger appear at an appropriate place for such purpose.

2. The court must order the above fingerprinting of Roger upon conviction and not upon arraignment.
3. Neither of the above is correct since the court MAY make such an order; it is not mandated to do so.

A: Only #1 is correct
B: Only #2 is correct
C: Only #3 is correct
D: All are correct

Answer 23

A: This is a requirement when a POLICE OFFICER is the complainant re: a fingerprintable offense as per 160.10 C.P.L.

Question 24

A: This is a requirement when a POLICE OFFICER is the complainant re: a fingerprintable offense as per 160.10 C.P.L.

Answer 24

D: Re: #1, the “MUST” applies when police officer is complainant. The court MAY order upon arraignment but MUST order upon conviction when JOHN Q. CITIZEN is the complainant and the offense is a fingerprintable offense as per 160.10 C.P.L.

Question 25

According to the C.P.L., which of the following is correct?

A: A “petty offense” is any offense below the grade of felony.
B: A Putnam County police officer acting as a police officer may never arrest outside Putnam County for a petty offense.
C: A Putnam County police officer acting as a police officer may arrest outside Putnam County for a petty offense under certain conditions.
D: None of the above is correct.

Answer 25

C: See Article 140 C.P.L.

Question 26

According to the C.P.L., it would be correct to state:

A: A police officer may arrest a person anywhere in New York State only if he has reasonable cause to believe the person committed a felony.
B: If the police officer is going to arrest for a misdemeanor, the misdemeanor must have been committed in the officer’s presence.
C: A police officer arresting for a felony may engage in continuous close pursuit anywhere throughout New York State but must not leave the state.
D: None of the above is correct.

Answer 26

D: None of the above is correct.

Question 27

Which of the following is not correct according to the C.P.L.?

A: An arrest for any offense may be made at any hour of any day, including Sundays.
B: An arrest for a misdemeanor under an Arrest Warrant may not be made at night or on Sunday unless the warrant is so endorsed.
C: An arrest for any crime may be made by a police officer anywhere in New York State.
D: A police officer is not authorized to arrest for a petty offense unless he has reasonable cause to believe it was committed both in his presence and in his geographical area of employment or within100 yards thereof.

Answer 27

B: No such restrictions.

Question 28

A Greene County police officer, who is off duty and residing in Dutchess County, observes a man whom he reasonably believes has committed a “violation” in Dutchess County. According to the Penal Law and the Criminal Procedure Law, which of the following is not correct?

A: The perpetrator has not committed a crime.
B: The police officer is authorized to make the arrest since it was in his presence.
C: The geographical area of the police officer involved does not extend into Dutchess County.
D: If the officer had reasonable cause to believe the man had committed petit larceny in Greene County, he could legally arrest him anywhere in New York State.

Answer 28

B: The police officer is authorized to make the arrest since it was in his presence.

Question 29

Which of the following would not be an authorized arrest without a warrant as provided for in Article 140 of the C.P.L.?

A: An arrest in Nassau County by a New York City police officer for a robbery committed in Syracuse.
B: An arrest in Bronx County by a vacationing Westchester County police officer for a crime committed in his presence in Bronx County.
C: An arrest in New Jersey, just over the George Washington Bridge, by a Nassau County police officer in close pursuit of a person who committed a traffic infraction in Nassau County.
D: An arrest in Buffalo by a Putnam County police officer for a misdemeanor committed in Suffolk County.

Answer 29

C: Can’t chase outside the state for a non-crime.

Question 30

Which of the following is not correct re: arrests without a warrant by police officers?

A: For a crime committed in New York State, the arrest may be made in any county of the state.
B: For a petty offense committed in the police officer’s geographical area of employment or anywhere in an adjoining county, the arrest may be made in either county.
C: For a crime the police officer may, in a proper case, pursue outside the state to make an arrest.
D: For a misdemeanor based on probable cause there is no “in the presence” requirement.

Answer 30

B: Re: a PETTY OFFENSE arrest by a police officer, he must have R.C.T.B. the offense was committed: —- IN HIS PRESENCE
AND
– IN HIS GEOGRAPHICAL AREA OF EMPLOYMENT OR WITHIN 100 YARDS THEREOF.

Question 31

“A,” a police officer employed by the City of Yonkers, has reasonable cause to believe that “B” committed a burglary in Buffalo, N.Y. According to the C.P.L., which of the following is correct?

A: “A” may not arrest “B” since the offense was committed outside “A’s” area of employment.
B: “A” could arrest “B” but only if “B” had committed the offense in “A’s” presence.
C: “A” could not arrest “B” since the facts do not state “B” was armed while committing the offense.
D: None of the above is correct.

Answer 31

D: Where CRIMES are involved, there are almost no restrictions on POLICE OFFICER authority.