FA11 Flashcards
For search of a MV what do you need?
PC and unforeseeable/spontaneous circumstances
4 reasons to stop a MV are:
1) Information received
2) Observed violation
3) Reasonable articulable suspicion
4) Checkpoint/roadblock
Stopping a MV without RAS or PC is
Unconstitutional
If stopping MV due to informant, what must the police officer do in regards to the information given?
Independent verification
Constitutional Justification for stopping a MV for information received via a 911 anonymous tip includes:
1) Particularized & objective basis for suspecting the particular person stopped is involved in criminal activity
2) The RAS to justify stop depends on content of info and reliability
3) Totality of circumstances
Constitutional justification to stop a MV on checkpoints/roadblocks is that it…
Must further a governmental interest, such as drunk driving, MV safety, smuggling at borders, apprehend/seek info about perpetrator of a serious crime (near the scene of the crime)
Does a motorist avoiding a roadblock give RAS to be stopped?
Yes.
Can passengers in MVs challenge the constitutionality of a stop?
Yes.
For passenger identification, the PO must have reason to suspect criminal activity or other law violation
True
Suspicion of criminal activity is necessary to ask a MV driver out of a car.
False, they only need to be lawfully stopped, but this shouldn’t be routinely done.
If there’s a heightened awareness of danger, passengers may be asked out of the MV
True
Retrieval of documents from within car
The Community Cares Directive applies only when it’s immediately necessary
In Title 39, what are the most commonly enforced chapters
3 and 4
In Title 39, what’s the most important chapter?
1
What are the 3 basic elements of traffic safety?
Enforcement, Engineering, Education
Remember, on the slide it said that PC must exist prior to the MV stop, but LT Esposito said that’s bullshit….the real minimum needed for a MV stop is?
Reasonable Articulable Suspicion (RAS)
How many days are given to issue a summons?
30
People may be physically arrested for violations of?
Chapters 3 and 4
Who is the exception to the physical arrest for chapters 3 and 4?
Bus drivers…..unless it’s for DWI
Must the offense occur in the officer’s presence?
Yes, but admission of committing offense is also enough
Where are juvenile cases handled?
Municipal Court
What if the juvenile’s offense is racing on a highway? Where is this handled?
Family Court, not municipal
You need to be 18 or older for what? If you’re under 21 how does your license look?
18 for basic license…..if under 21 profile pic on license
If you have an out-of-state license and move to NJ you must…
Surrender old license for a NJ one
For a CDL, a lower than .08 BAC level is enough to warrant DWI
True
When is a CDL required?
1) When a MV has a gross vehicle weight og 26,001 lbs or more
2) If MV carries 16 passengers or more (including driver)
3) If there’s at least 10,000 lbs on the trailer
How many days do you have to get a NJ license once you move into the state?
60
Can farm vehicles be driven on highways?
Yes, from 1 farm to another during daylight hours only, with farm use plates
What credentials must always be in possession?
DL, registration, insurance
Markers (plates) are to be..
12” to 48” from the ground, clear and visible, mounted so as to not swing