Manual For Police Flashcards
Material that may aid the defendant in a criminal trial is known as
A: BRADY material.
B: MAPP material.
C: BING material.
D: HUNTLEY material.
A: 2-4-6
There are 3 types of evidence that may be presented in court. Which of the following is not one of those types?
A: Hearsay
B: Direct
C: Circumstantial
D: Real
A: 2-4-12 and 2-4-13
NOTE: Look at the definition of REAL EVIDENCE and then ask yourself this question: “WOULD THE ODOR OF SOME WELL-KNOWN FLUID BE CONSIDERED REAL?” It certainly seems to require use of the SENSES, but not on your exam!
The 3 judicial tests of ADMISSIBILITY include all of the following, except
A: relevancy.
B: materiality.
C: competency.
D: legality.
D: 2-4-13
Which of the following would be a DYING DECLARATION when made by a person who is IN EXTREMIS and believes he/she is about to die?
A: “I am the person who killed Roger. The prisoner on death row is innocent.”
B: “Roger is the person who shot me.”
C: “Roger has been out to get me for years.”
D: “Roger stabbed me last year.”
B: 2-4-14. A dying declaration is a statement made by the victim of a homicide relating to the cause and circumstances of the homicide.
An ORDINARY witness may give his opinion about any of the following, except
A: the apparent age or physical condition of a person.
B: the state of emotion exhibited by a person.
C: whether a person appeared to be intoxicated.
D: whether or not a wound was serious enough to kill.
D: See long list in 2-4-14 and 2-4-15.
“Usually, a witness must testify to facts and not give his opinions and conclusions drawn from the facts. It is the province of the trier of the facts to draw an inference from the facts in evidence.”
It is noted, however, that the rule excluding opinion evidence is also subject to exceptions. The exceptions that permit testimony concerning the opinions of witnesses may be classified as
1. opinions of ordinary witnesses,
OR
2. opinions of qualified expert witnesses.
An ordinary witness may give his opinion on which of the following?
1. Identity and likeness of appearance, voice or handwriting.
- The rational or irrational nature of another person’s conduct.
- The speed of a moving vehicle, when the necessary experience is first established.
A: In #1 and #2 only.
B: Only in #3.
C: In all of the above.
D: In none of the above.
C: 2-4-15
During a criminal trial the defense counsel asks P.O. Mullins, “Did you discuss this case with anyone?” P.O. Mullins’ most appropriate response should be
A: “Yes.”
B: “No.”
C: “Are you trying to make me look bad?”
D: “I have discussed the case with the prosecutor and other officers working on the case.”
D: 2-4-28
According to the Manual For Police, the purpose of an INVESTIGATION is to
A: gather evidence.
B: gather information
C: determine guilt or innocence.
D: arrest persons who have committed crimes
B: 2-5-2
Re: the investigative process, evaluate the following statements.
- Information obtained from persons has a higher evidentiary value than information obtained from things.
- Physical evidence cannot lie, is not affected by emotions, and cannot be impeached.
- All relevant information, including hearsay, can prove to be of value in reconstructing an event.
A: All 3 are correct.
B: Only #1 and #2 are correct
C: Only #2 and #3 are correct.
D: Only #2 is correct
C: 2-5-2 Look at the footnotes after 2-5-33 and look at CPL 70.10.
During the PRELIMINARY investigation of a crime, the officer who enters the crime scene should
A: be an evidence technician.
B: immediately assist the injured.
C: survey the entire scene and make a mental note of conditions observed.
D: immediately isolate and preserve the scene.
C: Watch out for this one! 2-5-4
Usually the only disguise that a member of a SURVEILLANCE team will require is
A: heavy boots and jeans.
B: long hair and beard.
C: the style of clothing worn by other persons in the area.
D: a business suit with shirt and tie
C: 2-5-7
With respect to “raids,” which of the following statements is not consistent with proper police action?
A: Gambling and controlled substance investigations are usually well suited to a raid
B: A raid is sometimes the only effective way to bring an investigation to a successful conclusion.
C: In describing the raid plan care should be taken not to disclose the location of the raid since there may be a leak in security.
D: Cover groups to block escape routes should be deployed in advance of the raiding party’s invasion.
C: 2-5-10
Re: a RAID PLAN, evaluate the following statements.
- Before the raid, meet with ALL detail members and describe the ENTIRE plan.
- Inform ALL detail members re: the identities and descriptions of the persons who are to be arrested.
- Give SPECIFIC assignments to each detail member and be certain each understands his assignment.
A: All 3 are correct.
B: Only #3 is correct.
C: Only #2 and #3 are correct
D: Only #1 and #3 are correct.
A: 2-5-9
P.O. Mullins has a SEARCH WARRANT to search Roger’s house. No one is at home at the time and Mullins enters forcibly without giving notice. A search discloses the property sought and Mullins seizes it. Mullins should do all of the following, except
A: prepare an INVENTORY of the seized property.
B: return the Search Warrant.
C: swear to the INVENTORY.
D: leave a copy of the INVENTORY inside Roger’s premises
D: Leave a RECEIPT inside Roger’s premises if no one is home. 2-5-17
In a “line-up” for identification purposes, the number of persons (at a minimum) who should be used, counting the suspect, is
A: 5
B: 6
C: 7
D: 8
B: 2-5-23
NOTE: Re: PHOTO ARRAY, use 8 to 10 photos.
With respect to a line-up, which of the following statements is not correct?
A: Allow the suspect to select his position in the line-up.
B: Keep the witnesses separated from one another.
C: Once the witness has had a chance to view the line-up, you should not ask the witness any questions.
D: Allow only one witness at a time to view the line-up.
C: Once the witness has had a chance to view the line-up, you should not ask the witness any questions.
When a PHOTO ARRAY is used for identification purposes, the number of photos that should be used is one (1) of the suspect and
A: five of other people.
B: six of other people.
C: seven of other people.
D: eight to ten of other people
D: That’s what it says on page 5-22 of Part 2.
Some of the common methods used by a suspect to ELUDE a surveillance include all of the following, except
A: getting lost in a crowd.
B: using decoys.
C: leaving the building through the rear or side exit
D: circling the block in a taxi
D: Footnote #5, Part 2, Article 5
Re: D, this is a method of TESTING for a surveillance. The MANUAL FOR POLICE lists 21 ways to TEST for and 9 ways to ELUDE a surveillance.
When a written confession will be used at a trial, the D.A. must give notice to the defendant or his attorney within what period of time after arraignment?
A: 10 days
B: 15 days
C: 20 days
D: 30 days
B: MANUAL FOR POLICE 2-5-35 and C.P.L. 710.30
The C.P.L. says, “…within 15 days after arraignment and BEFORE trial.”
Which of the following actions taken by a suspect is done to elude a surveillance?
A: Stopping abruptly and looking at people behind.
B: Reversing course and retracing steps.
C: Stopping abruptly after turning a corner.
D: Jumping off a bus or subway train when the doors are about to close.
D: See the lists in Footnote #5.
Evaluate the following statements re: ONE OFFICER FOOT SURVEILLANCE.
1. It should be avoided, if possible.
- The officer must be close enough to the subject to immediately observe him as he enters buildings, etc.
- The officer should stay on the opposite side of the street from the suspect.
A: All 3 are correct.
B: Only #1 and #2 are correct.
C: Only #2 and #3 are correct.
D: Only #1 is correct.
D: Appendix 5A
Evaluate the following statements re: THREE-OFFICER FOOT SURVEILLANCE.
- The FIRST officer follows CLOSELY behind the suspect.
- The SECOND officer follows behind the first officer and concentrates on keeping the suspect in view.
- The THIRD officer walks on the opposite side of the street slightly behind the FIRST officer.
A: All 3 are correct.
B: Only #1 and #2 are correct.
C: Only #1 and #3 are correct
D: All 3 are incorrect
D: Appendix 5A
Re: #1, don’t FOLLOW CLOSELY, follow at a REASONABLE distance.
Re: #2, concentrate on keeping FIRST OFFICER in view.
Re: #3, slightly behind the SUSPECT.
Some of the common methods used by suspects on foot to test for surveillance include all of the following, except
A: casually looking around.
B: stopping abruptly and looking at people behind them
C: using decoys.
D: using convoys
C: Footnote #5
At the request of a police officer, blood may be withdrawn from a suspect (in a DWI/DWAI arrest) by certain persons. Which one of the following is not one of these authorized persons?
A: Any physician
B: Any registered professional nurse
C: Any laboratory technician
D: Any registered physician’s assistant
C: “…if classified, registered, etc.” See VTL 1194 subd. 4 testing procedures.
The best reason for a police officer to acquire detailed knowledge of all legitimate businesses and activity within his patrol area is
A: the unusual or out of the ordinary will be immediately recognized.
B: he can assist detectives in the conduct of serious crime investigations.
C: he will be in a better position to advise residents and business people re: crime prevention steps.
D: it will enhance the police department in the eyes of the community.
A: 2-11-2
