LT Test

Question 1

Define Tire Deflation Device

Answer 1

Designed and intended to produce a controlled deflation of on or more tires of a pursued vehicle.

Question 2

State v Henry Q: Are buy bust drug operations constitutionally unreasonable?Q: Once an officer develops PC for an arrest must the officer then secure an arrest warrant as soon as reasonably practicable?

Answer 2

No, Buy bust drug operations are not constitutionally unreasonable so long as 1 the initial entry to effect the undercover or controlled buy of narcotics is consensual 2 PC for an immediate seller in not unduly delayed 3. The second entry to effect the arrest of the seller is not unduly delayed. 4 legitimate grounds exist for delaying the initial arrest until backup officers can arrive. No, it’s not a constitutional imperative for police officers to secure arrest warrants when practicable as long as the arrest is supported by PC

Question 3

Forfeiture

Answer 3

Is the remedy that seeks to take unlawful, obtained proceed of criminal activity and to take

Question 4

Secondary vehicle

Answer 4

Police vehicle that serves as a backup to primary (safe distance)

Question 5

State NJ V Roundtree Q: Will the disclosure of the identity of an informant be compelled when the informant was an active participant in binging about the crime for which the defendant is charged

Answer 5

Yes, The privilege to withhold the identity of an informer is not absolute. Disclosure is normally compelled where the informer was an actual participant in bringing about the crime for which the defendant is charged

Question 6

What is a vehicle contact action

Answer 6

Any action under taken by the pursuing officer intended to result in contact between the moving police vehicle and the pursued vehicle

Question 7

Supervision

Answer 7

Is leading and directing the energies and abilities of a small group of man towards the organization goals.

Question 8

Minimum required Procesures

Answer 8

1. Warning JV about further consequences 2. Must call parents/guardian3. If they is a victim must be notified and agree. 4. Agree not to offend again5. LEO shall fill out station house adjustment (signed by all involved)

Question 9

How do NJ courts analyst PC

Answer 9

By examining the totality of the facts known to the police when they arrest a suspect.

Question 10

Graham v. Connor Q: When an excessive force claim arise in the context of an arrest or investigatory stop of free citizen what constitutional standard governs?

Answer 10

All claims that law enforcement officers have to use excessive force deadly or not in the course of an arrest investigatory stop, or other seizure of a free citizen should be analyzed under the forth amendment and it’s reasonableness standard rather then under a substantive due process approach

Question 11

State NJ v. MooreQ: What is the ultimate disposition of the arrest and seizure of evidence in a case where the officer effects the arrest on the strength of a warrent which, unbeknownst to the officer, had been vacated 27 days earlier?

Answer 11

The arrest is invalid and the evidence in the case is inadmissible. Evidence seized as result of such an unlawful arrest. Is not available. Facts: Plainfield officer arrested a defendant on a beach warrant issued for her failure to appear in court. A search of her person incident to arrest uncovered cocaine. Warrant was vacated 27 days. All evidence tossed out.

Question 12

Domestic Violence

Answer 12

1 a victim of DV means a person protected by the domestic violence act and includes any person:A. 18 years or older or emancipated minor or has been subjected to DV by 1. Spouse, former spouse any present or former house hold member or who regardless of age has been subjected to DV by a person with whom the victim has a child in common or with whom the victim anticipates having a child in common, if one of the parties is pregnant or who regardless of age a person with whom the victim has a dating relationship and has been subjected to DV.

Question 13

State v Jones Q: May a law enforcement officer who is in pursuit of the fleeing subject of an outstanding arrest warrant enter a private residence using force if necessary if the officer does not know the nature of the offense underlying the warrant.

Answer 13

Yes, police officers acting pursuant to a valid arrest warrant have the right to follow a fleeing suspect into a private residence and effect an arrest

Question 14

Officer Positive test for illegal drugs

Answer 14

Applicant: Removed from consideration for Agency. Reported to central drug register. Can’t hold position in Law law enforcement 2 years.Trainee: Dismissed from training, terminated from employment, reported to drug register, Barred from hold law enforcement employment in NJ Sworn Officer: Suspended from all duties, terminated from employment, reported to drug register, Permanently barred from law enforcement in NJ

Question 15

Define Bias Incident

Answer 15

Bias incident as any suspected or confirmed offense or unlawful act, witch occurs to a person, private property or public property on the basis of race, color religion, gender sexual orientation ethnicity or handicap.

Question 16

State v Green Q: Must evidence obtained as a result of an in home arrest of a person who the police reasonably but mistakenly believe to be the person named in an arrest warrant be suppressed.

Answer 16

NO, to uphold the validity of an arrest and incidental search based on an arrest warrant the state is only required to show that the warrant was valid and the police reasonably believed the person arrested was a the person sought. The arrest of the person believed to be the one named in the warrant must be a reasonable response to the situation facing the officers at the time.

Question 17

Tennessee v. Garner Q: May law enforcement officer use deadly force to prevent the escape of an unarmed nondangerous felon?

Answer 17

NO, Deadly force may not be used unless it is necessary to prevent the escape of the felon and the officer has PC to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others

Question 18

State v MacukQ: May a law enforcement officer effect a valid arrest without a warrant when the offense is not committed in his presence nor punishable by imprisonment for mor then one year in state prison

Answer 18

NO, unless otherwise specified by law, the general rule in NJ is that a valid arrest without a warrant requires the offense to be committed in the presence of the officer unless the offense is punishable by imprisonment for more then one year in state prison

Question 19

Organization

Answer 19

Is the process which serves to coordinate towards its goals management into a workable and effective unit

Question 20

Define secondary vehicle

Answer 20

Police vehicle that serves as back up to the primary ( safe distance)

Question 21

Define Primary vehicle

Answer 21

Initiates pursuit or assumes control of pursuit as lead vehicle

Question 22

US v. Santana Q: May a suspect defeat a warrantless felony arrest, which is set in motion at the doorway of the suspects home, by retreating into the home?

Answer 22

NO, A suspect may not defeat an arrest which has been set in motion in a public place by the expedient of escaping to a private place.

Question 23

Coolidge v New Hampshire What is the effect of a search warrant which is signed and issued by the state attorney general who had taken charge of the investigation and was later to serve as chief prosecutor at the trial, but who acted as a justice of the peace to issue warrant

Answer 23

The Warrant is invalid because it is not issued by a neutral and detached magistrate

Question 24

Search warrant

Answer 24

County prosecutor or his designee must review all search warrants Supreme Court decision in 1984 Miss vs Shepherd, this policy came about

Question 25

What time frame is used for TRO hearing

Answer 25

The time frame for a TRO hearing is 10 days

Question 26

Where do the police officers get there police powers

Answer 26

New Jersey Constitution

Question 27

State vs Gibson

Answer 27

Probable cause for stop and arrest defendant. Case omega apartment complex, observed a sign NO Loitering, Subject saw the police and walked away. Came back around 2 blocks and observed him walking. Was very nervous and evasive. Placed under arrest four trespassing. Found back at HQ 13 bags of crack. NO PC

Question 28

Can A motorcycle Pursue

Answer 28

A motorcycle unit may initiate a pursuit, but must relinquish primary unit status immediately upon participation of marked police unit

Question 29

Administration

Answer 29

The performance of executive duties, such as policy and planing

Question 30

Payton v New YorkQ: May law enforcement officers make a warrentless, non consensual entry into a suspects home in order to make a routine felony arrest?

Answer 30

NO, Absent exigent circumstances, a law enforcement officer may not make a warrant less, non consensual entry into a suspects home to arrest him even though probable cause exists to believe the suspect is, in fact the perpetrators of a felony

Question 31

What do you do with officers weapon in a Domestic violence

Answer 31

All weapons will be returned to the custody and control of the department which issued that weapon. All other weapons will be promptly forwarded to the county prosecutor office where the seizure of the weapons took place.

Question 32

Who may call off pursuit

Answer 32

The officer may call off pursuit or the supervisor

Question 33

The fourth Amendment

Answer 33

To the constitution safeguards the right of the people to be secure in their persons, house papers and effects against unreasonable searchers and seizures Additionally, the amendment commands that “no Warrants shall issue, but upon PC supported by Oath or affiermation and particularly describing the place to be searched and the persons or things to be seized

Question 34

State of NJ v Salzman Q: Must a complaint inform an accused of all charges he or she must defend against

Answer 34

Yes, Due process requires that the charging instruments not only inform a defendant respecting the nature of the charge, but it must also inform an accused of how many charges he or she faces and when they occurred

Question 35

Reason for Avenue of escape

Answer 35

The reason is so they violator will have to decrease speed and given a avenue to pass

Question 36

What is the purpose of the arrestee depends guidelines

Answer 36

To reasonable insure that children or other persons dependent upon arrestee for there care, sustenance or supervistion are provided with alternate care, sustance or supervision as arranged by the arrestee or an appropriate agency.

Question 37

State vs Dangerfield

Answer 37

Facts officer observe subject in apartment complex. Person in a no trespassing area. The person leaves the officers stop him and search him, find drugs. Search no good because the suspect could have been let go on a summons.

Question 38

Plumhoff V Rickard Q: In the circumstances below did the officers violate the forth amendment by shooting the driver of the fleeting vehicle to put an end to a dangerous car case?High speed vehicle cash, officers shoot at the suspects 100 MPH case, swearing all over the road.

Answer 38

No, the officers did not violate the forth Amendment, by using deadly force to terminate the dangers car chase.

Question 39

Curd Side Warning

Answer 39

For a minor JV activities that does not warrant charge or taking JV into custody

Question 40

State NJ v Nikola Q: May a police officer who has temporarily detained a motorist outside her garage, based on PC to believe she has been driving drunk, follow the motorist into her garage while she retrieves her driving credentials and then arrest her without a warrant?

Answer 40

Yes, before entering the defendants garage the officer had PC to believe defendant had been been driving while under the influence of alcohol. Moreover the officer had already seized defendant before following her into the garage when she went to retrieve her driving credentials. Therefore, the officer was not required to obtain a warrant before completing his investigation and placing her under arrest.

Question 41

Welsh v Wisconsin Q: may a law enforcement officer conduct a warrantless entry into a home to arrest him for a nonjailable traffic offense, when they have PC to believe the suspect is, in fact the perpetrator of the offense?

Answer 41

NO, the forth amendment bars the warrantless entry into a suspects home to effect his arrest when the underlying offense is a non jail able traffic offense and the circumstances do not amount to exigency

Question 42

State v Oliver Q: Does the mere fact that a confidential informant was present when the criminal offense took place require the disclosure of the informants identity at trial

Answer 42

No, The mere fact that a police informant is present when the alleged crime was committed does not, by itself require the disclosure of the informants identity at trail. Trail courts should not compel the revelation of an informants identity in those cases where the information is “no more then a witness to the criminal event

Question 43

State NJ v Bolte Q: may law enforcement officer while in hot pursuit of a person suspected of numerous minor motor vehicle and disorderly persons offenses make a warrantless entry into the suspects home to effect his arrest?

Answer 43

NO, Hot pursuit alone in an insufficient justification for the warrantless entry into a person home to effect his arrest. Moreover, minor motor vehicle and disorderly persons offense, individually and in the aggregate are insufficient to establish exigent circumstances justifying a warrantless home entry.

Question 44

What 2 times you can not pursue

Answer 44

1 in the opposite direction of traffic on a divided high way2. In a police vehicle in which the driver or passenger is not a law enforcement officer

Question 45

US v TURNERQ: Does the long distance swearing which takes place during the acquisition of a telephonic search warrant violate the fourth amendment requirement that the warrant be supported by Oath or Affirmation

Answer 45

NO, In the one hundred years since Alexander Graham Bell invented the telephone

Question 46

State v. Hurtado Q: may law enforcement effect an arrest of an individual without a warrant for violation of municipal ordinance whitch occurs in the officers presence, but does not constitute a “breach of the peace?

Answer 46

No, Although defendants conduct in this case throwing litter on the ground did constitute a violation of municipal ordinance, it did not constitute a breach of the peace “therefore defendant arrested without a warrant was unauthorized.

Question 47

Maryland V. Buie Q: does the fourth amendment permit a properly limited protective sweep in conjunction with an in home arrest when the arresting officers have reasonable and articulable suspicion that the area to be swept harbors a person who may pose a danger to the officers or others

Answer 47

Yes, durning the course of an in home arrest. Law enforcement officers may conduct a protective sweep of the premise so long as the officers possess specific and articulable facts which taken together with the rational inference from those facts, give raise to a reasonable suspicion that the area to be swept harbors an individual o]posing danger to those on the arrest scene.

Question 48

Steagald v USQ: May law enforcement officers legally search for the subjects of an arrest warrant in the home of a third party without first obtaining a search warrant.

Answer 48

No, Absent consent or exigent circumstances, law enforcement officers may not legally search for the subject of an arrest warrant in the home of a third party without first obtaining a search warrant.

Question 49

Define asset forfeiture

Answer 49

Any agency that seeks forterture of real property in residential use shake use least intrusive means to preserve the property. Notice of (lis pends)

Question 50

State NJ v Davila Q: In the non arrest setting may law enforcement officers employ the technique of a protective sweep of a dwelling

Answer 50

Yes, A protective sweep in appropriate circumstances is a necessary and important tool for law enforcement officers safety

Question 51

State V. Sibilia Should an unnamed citizen informant be treated different ently from an anonymous informant?

Answer 51

Answer is Yes: Although the issue is fact sensitive. Facts: Officers working a methadone clinic. Was approached by 3 different people advising him a person was trying to purchase drugs out side the clinic. Approached the suspect and he got very nervous, pat down found 2 bottles of methadone. One lady gave a description of the suspect.

Question 52

State v Boss

Answer 52

Probable cause for arrest, defendant runs from the police officer yells stop police, then notice subject as a person who was speaking with a convicted drug dealers. At points 8 in the book is when probably cause for the arrest.

Question 53

Primary vehicle

Answer 53

Initiates pursuit or assumes control of pursuit as the lead vehicle

Question 54

State v BOBOQ: what is the ultimate disposition of the arrest and seizure of evidence found in plain view in a case where the officers effect the arrest with a warrant which issued without the court clerk or deputy court clerk administering the oath to the complaint?

Answer 54

The arrest is invalid and all evidence found will be suppressed. Case: officers had warrant signed without the complaint being there when the court clerk signed the oath.

Question 55

Devenpeck V AlfordQ is a arrest lawful under the forth amendment when the criminal offense for which there is PC to arrest is NOT closely related to the offense cited by the arresting officer at the time of arrest?

Answer 55

Yes an arrest is not rendered unlawful simply because an arresting officers subjective reason for making an arrest is not the precise criminal offense as to witch the known facts provide PC. Case involved a person impersonating a police officer, and recording the officers when they stopped him.

Question 56

State v Moore

Answer 56

Drug case in AC, officers observed a male subject do a hand to hand exchange, in a high crime area. Time of arrest is the handed currency to the man and each received something in return. Placed in pockets right away.

Question 57

State NJ v Fisher Q: is a law enforcement officer’s failure to sign a traffic ticket a curable mistake under the rule of the courts

Answer 57

The omission of an officers signature on a traffic summons is a curable defect under rule 7:2-4 and 7:14-2 As general mater a law enforcement officers failure to arrest a PC by signing the uniform traffic ticket proves fatal to the prosecution only when that omission defeats the purpose intended to be served by the ticket or when the error otherwise prejudices the defendant.

Question 58

Kolender V. LawsonQ: will a state criminal statute violate the Due process clause of the fourteen amendment when it makes it an offense for a person to loiter or wander upon the streets or from place to place without apparent reason or business and who fails to identify himself and to account for his presence upon request of law enforcement officer who has a reasonable suspicion that criminal activity may be afoot?

Answer 58

YES, such a statute is unconstitutionally vague within the meaning of the fourteenth amendment. A person who is stopped on less then PC cannot be punished for failing to identify himself While police have the right to request citizens to answer voluntarily questions concerning unsolved crimes, they have no right to compel them to answer.

Question 59

State vs Basil In the circumstances in case, did the police have probable cause to arrest defendant

Answer 59

February, 1am jersey city responded to 911 anonymous report of a man with a shotgun pointing at a group of people standing on the corner “get off the corner”. Throw the gun under a vehicle. Placed under arrest at the scene ID by citizen. Should an unnamed citizen informant be treated different ently from an anonymous informant?Should an unnamed citizen informant be treated different ently from an anonymous informant?

Question 60

State NJ v. Roundtree Q: Will the disclosure of the identity of an informant be compelled when the information was informant was active participant in bringing about the crime for which the defendant is charged

Answer 60

Yes, The privilege to withhold the identity of an informer is not absolute. Disclosure is normally compelled where the informer was an actual participant in bringing about the crime for which the defendant is charged.

Question 61

State NJ V. Milligan Q: Will the state be required to disclose the identity of its information at a defendants trial for the unlawful possession and distribution of narcotics when the informants role in the investigation was limited to introducing the undercover police officer to the defendant and accompanying the officer and defendant to the place where the sale of narcotics was transacted?

Answer 61

NO, In a case such as this, where the role of the informer is to introducing the undercover officer to the defendant and accompanying the officer and defendant to the place where the sale was transacted the informants role falls short of active participation in the criminal offense. Therefore the informants identify in these circumstances need not be disclosed.

Question 62

State NJ v Garcia Q: Does NJ recognize a surveillance location privilege under which the State can refuse to disclosure the exact location from which law enforcement observers criminal activity

Answer 62

Yes, The official information privilege permits the prosecution in appropriate circumstances to withhold the exact location from which law enforcement officers observe criminal activity

Question 63

Illinois v. Gates Q: May PC be established for the issuance of a search warrant on the basis of a detailed anonymous tip, in the absence of information demonstrating that the anonymous informant was honest or the information reliable or that the informant had a basis for the information imparted when a substantial part of the tip is corroborated by the affiants independent investigation?

Answer 63

Yes, An Officers independent investigation witch uncovers facts that substantially corroborate a detailed anonymous tip, may together with the tip provide PC for the issuance of a search warrant. In this land mark case

Question 64

Massachusetts v. Upton Q: Rather then using a fixed and rigid formula should the forth amendment PC requirement for the issuance of a warrant be applied in light of the totality of the circumstances made known to the magistrate or judge

Answer 64

Yes, The totality of the circumstances analysis examining the whole picture is more in keeping with the practical, common-sense decision demanded of the magistrate.

Question 65

State NJ v Novembrino Q: Will the totality of the circumstances test analogous to that set forth in Illinois v Gates supra be applied to test the validity of search warrant under the PC standard set forth in Article 1 paragraph 7, of the NJ constitution.

Answer 65

Yes, The totality of the circumstances test is endorsed by the NJ supreme court and may be considered a principle of state constitution law used to test determination of PC pursuant to Article 1 paragraph 7 of the NJ constitution

Question 66

State NJ v Sullivan Q: Does a controlled drug buy from the target premises conclusively establish PC doe a search warrant?

Answer 66

NO, Controlled drug buy does no conclusively establish PC. In determining whether PC has been established courts must consider the totality of the circumstances without focusing exclusively on any one factor

Question 67

Katz v US

Answer 67

Land mark case dealing with telephone conversations are protected under the fourth Amendment, even if the conversation takes place on a public phone.

Question 68

State of NJ v Mollica Q: Does Nj constitution protection against unreasonable search and seizure require law enforcement officers to have PC and search warrants in order to seize hotel billing records relating to a person use of his or her hotel room telephone

Answer 68

Yes, Our state constitution protection against unreasonable search and seizure applies to an individual hotel telephone billing records based on his or her use of a hotel room telephone

Question 69

State of NJ v Evens Q: Does Internet user have a constitutional protection reasonable exception of privacy in child pornographer email over the internet to fifty one chat room subscriptions

Answer 69

No, In this case defendant did not have a reasonable explanation of privacy with respect to the porngraphic material he unloaded into the electric stream of commerce when he emailed two photographs of an under age nude girl in an exposed position to fifty one chat room subscription.

Question 70

State of NJ v Blaurock Q: Does the question of staleness of PC depend solely on the dates and times specified in the affidavit supporting the search warrant?

Answer 70

No, The question of the staleness of PC depends more on the nature of the unlawful activity alleged in the affidavit then the dates and times specified therein

Question 71

Franks V. Delaware Q: Does a criminal defendant ever have right under the fourth Amendment and fourteen Amendment, after the issuance of a search warrant to challenge the truthfulness of factual statements made in the affidavit supporting the warrant?

Answer 71

Yes, where a defendant makes a substantial preliminary showing that a false statement knowingly and intentionally or with reckless disregard for the truth was included by the affidavit in the warrant affidavit and if the alleged false statement is necessary to the finding of PC the fourth Amendment requires that a hearing he held at the defendants request

Question 72

Maryland V. Garrison Q: After a search warrant is issued and executed, it is learned that description of the place to be searched is overly broad being based on the mistaken belief that there was only one apartment on the third floor of the target premises will that factual mistake retroactively invalidate the warrant when with the benefit of highlight the defendant demonstrated to the reviewing court that the third floor consisted of two separate dwellings units?

Answer 72

NO, The constitutionality of police conduct must be judged in light of the information available to them at the time they acted. In this respect, validity of the search warrant will be assessed on the basic of the information that the officers disclosed or had a duty to discover or disclose, to the issuing magistrate. Lawrence McWeb apartment search.

Question 73

State of NJ v. Sheehan Q: Will a search warrant be deemed unconstitutional over broad when it authorities the search of an entire home which is not an apartment, boarding house or other type of separately divided or partitioned multiple unit building when is is later discovered that two of the bedrooms of the home were occupied by two tenants?

Answer 73

No, In the context of a multiple unit building the particularly requirement mandates that the warrant describe the specific subunit to be searched An exception to this rule however applies where several persons or families occupy the premises in common rather then individually as where they share common living quarters but have separate bedrooms.

Question 74

State In Interest OF L.Q.May a warrant to search premises used for the continuing sale of controlled dangerous substances authorize the search of all persons present

Answer 74

Yes, A warrant to search premises used for the continuing retail sale of CDS may authorize the search of all persons already present or arriving if the search is conducted at the time when sales ordinarily take place if the premises are not of a sort likely to be also frequented by the premises when the police enter or arrive there during the search is likely to be a partly of the unlawful activity.

Question 75

Groh v RamirezQ: may the fact that a search warrant application adequately describes the things to be seized be used to save the constitutionality of the warrant which does not?

Answer 75

No, the fact that a search warrant application adequately describes the things to be seized may not be used to save the warrant from its facial invalidity. The fourth Amendment by its terms requires particularly in the warrant, not in the supporting documents.

Question 76

State of NJ v Muldowney Q: In order to satisfy the particularity requirement with respect to the things to be seized, must the search warrant describe the items with minute and detailed precision?

Answer 76

No, In order to satisfy the requirements that a search warrant particularly describes the things to be seized it is NOT necessary that it describe the items with minute and detailed precision.