Penal Law And CPL

Question 1

The one of the following which is not an underlying felony for a charge of Felony Murder 2nd Degree is

A: Aggravated Sexual Abuse.
B: Arson 4th Degree.
C: Burglary 3rd Degree.
D: Rape 2nd Degree.

Answer 1

D: REMEMBER “CAR-BRAKES”
C = CRIMINAL SEXUAL ACT 1st
A = ARSON (1ST -4TH)
R = ROBBERY

B = BURGLARY
R = RAPE 1ST
A = AGGRAVATED SEXUAL ABUSE 1ST
K = KIDNAPPING
E = ESCAPE 1ST OR 2ND
S = SEXUAL ABUSE 1ST

Question 2

An intoxicated zoo keeper who, without specific homicidal intent, lets a lion loose from a cage at the zoo just to see how the crowd will react is guilty of what offense if the lion kills a person?

A: Criminally Negligent Homicide
B: Manslaughter 1st Degree
C: Manslaughter 2nd Degree
D: Murder 2nd Degree

Answer 2

D: A Depraved Mind Murder

Question 3

Roger, without specific homicidal intent but with a wanton disregard of the consequences, places a powerful package bomb into a mail box in a public place. The Postal Service pick-up employee picks up the bomb and brings it into the post office thinking it was a package to be mailed. The bomb goes off inside the post office and kills a mail clerk. Roger has committed

A: Murder 2nd Degree.
B: Arson 1st Degree and Murder 2nd Degree.
C: Manslaughter 1st Degree.
D: Manslaughter 2nd Degree.

Answer 3

A: It is not Arson 1st Degree because there was no element of intent to damage. The crime committed by Roger was a Deprived Mind Murder.

Question 4

Tondelayo is late for work and she drives her car through a deep puddle of water. She knows she should test her brakes, but she is in a hurry and says, “I’ll take the chance, maybe they’re OK.” A pedestrian steps off the curb, Tondelayo applies her brakes, they don’t hold, and the pedestrian is
killed by the car. Tondelayo has committed

A: Criminally Negligent Homicide.
B: Manslaughter 2nd Degree.
C: Manslaughter 1st Degree.
D: Vehicular Manslaughter 2nd Degree.

Answer 4

B: Manslaughter 2nd as she RECKLESSLY caused the death of another.

Question 5

If in the previous question it was determined that Tondelayo had been drinking and, in fact, her blood alcohol level was .07%, then, in addition to a charge under 1192, Subd. 1 of the V.T.L., she would also be guilty of

A: Depraved Mind Murder.
B: Vehicular Manslaughter 2nd Degree.
C: Manslaughter 2nd Degree.
D: Manslaughter 1st Degree

Answer 5

C: You don’t get into VEHICULAR ASSAULT or VEHICULAR MANSLAUGHTER with a violation of 1192, Subd. 1 in this case. (No motor vehicle more than 18,000 pounds, etc.)

Question 6

Roger and Tondelayo have just been married. While on their honeymoon Roger discovers Tondelayo engaged in sexual intercourse with the postman. Roger “blows his stack” and intentionally executes the mailman on the spot. Based on these facts, Roger should be charged with

A: Manslaughter 1st Degree.
B: Murder 2nd Degree.
C: Manslaughter 2nd Degree.
D: Murder 1st Degree.

Answer 6

B: Murder 2nd Degree. He may have an affirmative defense based on EXTREME EMOTIONAL DISTURBANCE, and if he proves that he does, he should be CONVICTED of Manslaughter 1st Degree.

Question 7

Roger and Tondelayo patch up their earlier differences and go on to live a happily married life for the next 40 years. Tondelayo is stricken with painful, incurable cancer and she prevails upon Roger to supply her with the latest suicide machine on the market. She uses the suicide machine and kills herself. If Roger is arrested, he should be charged with

A: Promoting a Suicide Attempt
B: Manslaughter 2nd Degree.
C: Murder 2nd Degree.
D: no offense since suicide itself is not against the law

Answer 7

C: But he may have an affirmative defense based on his lack of DURESS or DECEPTION. If he proves this, he should be convicted of Manslaughter 2nd Degree.
NOTE WELL: All competitors have a serious problem to resolve re: any
offense to which there is an AFFIRMATIVE DEFENSE. The dilemma is this:
should YOU apply the affirmative defense and thus CHARGE the lower
offense, or should you CHARGE the higher offense and leave it up to the
defendant to establish it in court. The latter is the THEORETICALLY
CORRECT way to handle it, but the examiners aren’t always consistent
with what they want as an answer. In questions #6 and #7 we have given
the correct answers and the examiners agree. But look at questions #8
and #9.

Question 8

Frank and George kidnap Tondelayo for ransom. While they have Tondelayo under their control George leaves the room to prepare some food. While George is out of the room and without George’s knowledge, Frank threatens Tondelayo with a gun just to scare her. The gun he uses goes off
accidentally and kills Tondelayo. Based on these facts, which of the following is correct?

A: Both Frank and George should be charged with Kidnapping 1st Degree and Felony Murder.
B: Frank should be charged with Kidnapping 1st Degree and Felony Murder and George only with Kidnapping 1st Degree.
C: Both should be charged with Kidnapping 1st Degree but Frank should also be charged with Criminally Negligent Homicide.
D: Both should be charged with Kidnapping 1st Degree and Criminally Negligent Homicide.

Answer 8

B: We quarrel strongly with choice B for two reasons:

1. An AFFIRMATIVE DEFENSE shouldn’t affect the CHARGE, AND
2. Even if it did, all of the elements of the AFFIRMATIVE DEFENSE to Felony Murder were not established.

But go with the flow. Most recently the examiners use the phrase “GUILTY OF” or “COMMITTED” rather than “charged with.”

Question 9

Roger commits the burglary of a dwelling. While he is in immediate flight, he displays what appears to be a pistol. P.O. Mullins arrests him and determines that the pistol is a toy gun. Based on these facts, Roger is guilty of

A: Burglary 3rd Degree.
B: Burglary 2nd Degree.
C: Burglary 1st Degree.
D: Criminal Trespass 3rd Degree.

Answer 9

B: The charge should be Burglary 1st Degree with an affirmative defense. Years ago the examiners used this question and gave the answer as CHARGE Burglary 2nd Degree.

Question 10

Roger, without the use of duress or deception, assists Tondelayo to ATTEMPT suicide. Roger has committed

A: Attempted Murder.
B: Promoting a Suicide Attempt.
C: Attempted Assault.
D: no offense.

Answer 10

B: See Article 120 P.L. for this one. If Roger had used duress or deception then he would be guilty of Attempted Murder.

Question 11

Frank, age 22, has sexual intercourse with Tondelayo, age 16. Frank has committed

A: Rape 1st Degree.
B: Rape 2nd Degree.
C: Rape 3rd Degree.
D: Sexual Misconduct.

Answer 11

C: Rape 3rd Degree.

Question 12

Roger, age 19, has sexual intercourse with Tondelayo, age 16. Roger has committed

A: Rape 1st Degree.
B: Rape 2nd Degree.
C: Rape 3rd Degree.
D: Sexual Misconduct.

Answer 12

D: For Rape 3rd Degree the ages are 21 or more, less than 17

Question 13

Tondelayo, age 19, has sexual intercourse with Roger, age 16. Tondelayo has committed

A: Sexual Misconduct.
B: Rape 2nd Degree.
C: Rape 3rd Degree.
D: none of the above.

Answer 13

A: Rape and similar offenses are gender neutral. This kind of sexual misconduct is aimed at males or females.

Question 14

Tondelayo, age 22, has sexual intercourse with George, age 16. Tondelayo has committed

A: Rape 1st Degree.
B: Rape 2nd Degree.
C: Rape 3rd Degree.
D: Sexual Misconduct.

Answer 14

C: Rape 3rd Degree is gender neutral.

Question 15

Roger, age 19, has sexual intercourse with Tondelayo, age 13. Roger has committed

A: Rape 1st Degree.
B: Rape 2nd Degree.
C: Rape 3rd Degree.
D: Sexual Misconduct.

Answer 15

B: 18 or more; less than 15.

Question 16

Tondelayo, age 18, has sexual intercourse with Roger, age 14. Tondelayo has committed

A: Rape 1st Degree
B: Rape 2nd Degree.
C: Rape 3rd Degree.
D: Sexual Misconduct.

Answer 16

B: Rape 2nd Degree is gender neutral.

Question 17

Frank, age 17, has sexual intercourse with Mary, age 10. Frank has committed

A: Rape 1st Degree.
B: Rape 2nd Degree.
C: Rape 3rd Degree.
D: none of the above.

Answer 17

A: Less than 11.

Question 18

Mary, age 17, has sexual intercourse with Frank, age 10. Mary has committed

A: Rape 1st Degree
B: Rape 2nd Degree.
C: Rape 3rd Degree.
D: none of the above.

Answer 18

A: Rape 1st Degree is gender neutral.

Question 19

Corroboration is necessary to convict for a sex offense when “lack of consent” is based on which of the following?

A: Forcible compulsion
B: Physically helpless
C: Less than 17
D: Mentally defective or mentally incapacitated

Answer 19

D: The ONLY time CORROBORATION is needed.

Question 20

Lack of knowledge of the true state of facts can operate as an affirmative defense to a sex offense in Article 130 when the lack of knowledge relates to any of the following, except

A: the age of the victim.
B: whether the victim was physically helpless.
C: whether the victim was mentally defective.
D: whether the victim was mentally incapacitated.

Answer 20

A: This is a STRICT LIABILITY situation.

Question 21

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 21

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

Question 22

Warrants of Arrest issued by which of the following courts are valid anywhere in the state?

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

Answer 22

D: District

Question 23

With respect to a Warrant 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 the state if issued by a superior court judge sitting as a local criminal court.

Answer 23

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 24

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 24

B: An over-used question.

Question 25

Evaluate the following arrest warrant 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 25

C: There are no “No-knock” Arrest Warrants

Question 26

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 inWestchester 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, Roger must be given an option re: court appearance if he cannot be delivered to Detective Mullins within 2 hours.

Answer 26

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

• • The warrant is NOT SO SERIOUS (less than felony).
• • It is executed FAR AWAY (beyond adjoining county).
• • The defendant is not in DEFAULT OF BAIL.

Question 27

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.”

Answer 27

C: 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. 4b).

Question 28

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 designated by the court.

Answer 28

A: Not in the list.

Question 29

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 N.Y.S.
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 29

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 30

Which statement below is not correct re: SUMMONSES in Article 130 C.P.L.?

A: A SUMMONS may be issued only by the LOCAL CRIMINAL COURT or SUPERIORCOURT 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 courtaccusatory instrument or upon an indictment.
D: The sole function of a SUMMONS is to achieve a defendant’s court appearance upon the accusatory instrument by which such action was commenced.

Answer 30

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

Question 31

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 an Appearance Ticket.

Answer 31

B: The key word is MAY. Re: choices C and D, a SUMMONS as per Article 130 C.P.L. is a JUDICIALLY ISSUED PROCESS. It is NOT an APPEARANCE TICKET.

Question 32

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 incorrect

Answer 32

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

Question 33

Tondelayo has filed a MISDEMEANOR COMPLAINT against Roger in the local criminal court for an Assault 3rd Degree. The court issues a SUMMONS toTondelayo naming Roger as defendant. Tondelayo requests assistance from P.O. Mullins in serving the Summons and Roger is properly served.

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 for the Assault 3rd Degree and not upon arraignment.
3. The court may order the fingerprinting of Roger as in #1 above.

 A: Only #1 is correct
 B: Only #2 is correct
 C: Only #3 is correct
 D: Only #2 and #3 are correct
 E: None is incorrect

Answer 33

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 34

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 34

C: See Article 140 C.P.L.

Question 35

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 35

D: None of the above is correct.

Question 36

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 within 100 yards thereof.

Answer 36

B: No such restrictions.

Question 37

A Greene County police officer, who is off duty and residing in Dutchess County, observes a man who 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 37

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

Question 38

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 petit larceny 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 38

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

Question 39

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 in an adjoining county, the arrest may be made in either 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 whocommitted Reckless Driving in Nassau County.
D: An arrest in Buffalo by a Putnam County police officer for a misdemeanor committed in Suffolk County.

Answer 39

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 40

“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 40

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

Question 41

Which of the following statements is not correct re: arrests without a warrant?

A: A police officer may arrest for a crime anywhere in New York State regardless of the situs of the crime within the state.
B: A civilian may arrest an actual felon anywhere in New York State regardless of the situs of the felony within the state.
C: A civilian arrest for other than a felony may be made only in the county in which such offense was committed.
D: A police officer may pursue any offender outside New York State if he is in continuous close pursuit, and may arrest the offender in any state which has “continuous close pursuit” provisions.

Answer 41

D: Can’t chase outside New York State for a non-crime.

Question 42

Evaluate the following arrests without a warrant as either authorized or unauthorized. (Assume all counties are in New York State.)

1. By a police officer from County “X” for a crime committed in County “Y.”
2. By a civilian for an Arson 3rd Degree he saw being committed.
3. By a police officer for a petty offense committed within his presence, but 400 feet outside his G.A.O.E.

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

Answer 42

B: Re: #2, ARSON is not always a felony; Arson 5th Degree is an “A” Misdemeanor.

Question 43

“A,” a Westchester County police officer, having observed “B” commit a misdemeanor in Scarsdale, pursued “B” through Westchester and into New Jersey. According to the C.P.L., which of the following is correct?

A: “A” may not arrest “B” in New Jersey since “B” did not commit a felony.
B: “A” may not arrest “B” in New Jersey under any circumstances.
C: “A” may arrest “B” in New Jersey if New Jersey also has a UNIFORM ACT ON CLOSE PURSUIT.
D: None of the above is correct.

Answer 43

C: A misdemeanor is a CRIME.

Question 44

Roger, having just been appointed to the Nassau County Police Department, is on his way home to the town of East Hampton in Suffolk County. He is travelling in Suffolk County when he observes a man he reasonably believed is wanted for a misdemeanor committed the day before in Westchester County.
According to the C.P.L., which of the following is correct?

A: Roger may not arrest the man since the offense was not committed in his geographical area of employment.
B: Roger may arrest the man since a misdemeanor is a crime and there are no “geographical” or “in-the-presence” limitations on police officers for crimes committed in New York State.
C: Roger may only arrest the man if he can show that the offense was committed in his presence.
D: Roger may not arrest the man since he is only considered to be a police officer within his geographical area of employment

Answer 44

B: It’s a CRIME.

Question 45

Which of the following is not correct re: an arrest without a warrant made in New York State by a peace officer from another state who is in close pursuit of a criminal?

A: The authority to make such an arrest is granted to PEACE OFFICERS from a state which has a similar close pursuit law.
B: The PEACE OFFICER who enters New York State in close pursuit has the same authority to arrest for that crime as a POLICE OFFICER in New York State has when a person has committed a crime in New York State.
C: The offense for which the defendant is being pursued must be a crime in New York State as well as in the other state.
D: The pursuing officer must bring the defendant before a local criminal court in New York State.
E: The criminal court will consider the legality of the arrest, and,in a proper case, may bail the defendant for appearance in the future.

Answer 45

E: No bail in an interstate close pursuit situation.