Session 3 Flashcards
If one divorced parent without legal custody of their child takes the child away from the parent with legal custody, the parent taking custody of the child has committed the offense of
Custodial Interference 2nd Degree
A misd
Tondelyo demands Roger give her a loan or she will tell Roger’s wife that Roger is having an affair with her sister. In fear of being exposed, Roger reluctantly lends Tondelyo the money. Tondelyo has committed the offense of:
Coercion 3rd Degree
A Misd
Roger tells Tondelyo that if she doesn’t have sexual intercourse with him, he will tell Tondelayo’s husband that she is having an affair with Roger’s friend Pete. Afraid of her affair being exposed, Tondelyo reluctantly has sexual intercourse with Roger. Roger has committed the offense of:
Coercion 2nd Degree
E Felony
Roger knowingly enters and remains unlawfully in a premise. Roger has committed the offense of:
Trespass
Roger knowingly enters and remains unlawfully in a Lexus Car Dealership armed with an explosive. Roger has committed the offense of
Criminal Trespass 1st Degree
D Felony
Roger hides a screwdriver in his boot when a police officer approaches him at 3 am in the hallway of a building he doesn’t live in. Roger should be charged with
Possession Burglar’s Tools
A Misd
Animal rights activists unlawfully entered a locked building to free caged animals owned by a butcher. While they were unlawfully inside the building, they accidentally start a fire causing minimal damage to the building. The animal rights activists should be charged with
Burglary 3rd Degree
D Felony
Which of the following is NOT a Warrant of Arrest Requirement?
A) Name of Issuing Court
B) Name or Title of the offense charged
C) Name of the Defendant
D) Name of the POlice Officer(s) to whom the warrant is addressed
Name of the Defendant
CPL 120.10 If the name of the defendant is unknown, any name or description by which the defendant can be identified with reasonable certainty is permissible.
When a NON-FELONY Arrest warrant for Roger is delegated to a PO in another County and that delegated Police Officer arrests Roger in that other county on the Warrant of arrest, Roger can be held for delivery to the delegating PO for how long
2 hours
CPL 120.90 sub 4
If delivery to the delegating PO is not made within 2 hours, Roger must be given the option to go to a local Criminal Couty in the county of Arrest to be arraigned..
Which of the following judges can NOT issue a warrant of arrest that can be executed anywhere in the state?
A) Superior Court Judges
B) New York City Court Judges
C) District Court Judges
D) Town Court Judges
D) Town Court Judges
Paper, including Warrants of Arrest and Search Warrants, issued by Town, Village and City (other than NYC) Court Judges are only good for execution in the county of Issuance and adjoining County.
Which of the following statements is accurate about a warrant of arrest?
- It can be addressed to any PO where the offense took place
- It can be addressed to any PO where the issuing court is located
- IT can be addressed to any PO where the defendant is located.
A) 1,2,3 are accurate statements
B) Only 1,2 are accurate statements
C) Only 1,3 are accurate statements
D) Only 2 is accurate
B) 1,2
CPL 120.50
A superior court judge sitting as a local criminal court can NOT
Accept Roger’s guilty plea and sentence Roger for Burglary.
A Superior Court Judge sitting as a local Criminal Court can issue both arrest and search Warrants that are good state-wide but can only perform the preliminary duties of a local criminal court judge and does not have trial jurisdiction over felonies.
When the defendant is arrested by way of a Warrant of Arrest and the defendant is to be brought to the issuing court, but the issuing court is unavailable, the defendant may be brought to a proper alternate court for arraignment, only if:
A) the deft consents to arraignment in an alternate court
B) the arresting officer is present to testify to the circumstance of the arrest
C) the Warrant of Arrest has a copy of the underlying Accusatory Instrument attached to it.
D) The Warrant of arrest charges a Misdemeanor or Petty Offense
C) The Warrant of Arrest has a copy of the underlying Accusatory Instrument attached to it.
A copy of the AI is needed for arraignment.
Officer Mullins has arrested Roger on a Warrant of Arrest. Which of the following is NOT a true statement?
A) If the charge in the Warrant of Arrest is a felony, Roger is to be brought to the issuing court, regardless of where he is arrested.
B) If the charge in the Warrant of Arrest is a Misdemeanor and the arrest was made in the county of issuance or the adjoining county, Roger is to be brought to the issuing court.
C) Regardless of the charge in the Warrant of Arrest of the location of the arrest, if Roger is in default of bail, he is to be brought to the issuing court.
D) If the charge in the Warrant of Arrest is a misdemeanor and the arrest was made beyond the adjoining County, Roger must be brought to the Court in the County of Arrest
D) Roger may elect to be brought to a Court in the County of arrest or else back to the issuing court. Roger’s election is to be written on the Warrant of arrest and Signed by Roger.
Which of the following Accusatory instruments CANNOT support the issuance of a Warrant of Arrest?
A) Prosecutors Information
B) Simplified PArks Information
C) Information
D) Simplified Traffic Informaiton
D Simplified Traffic Information
None of the Simplified information can support the issuance of an Article 130 Summons, but only the simplified Traffic Information is identified as not being able to support the issuance of an Article 120 arrest Warrant.
A summons issued by a Superior Court may be served in the
County of Issuance or an adjoining county, only.
Unlike statewide jurisdiction of Superior Courts for Warrants of Arrest and Search Warrants, and article 130 summons can only be served in the county of issuance or an adjoining county regardless of whether it is the process of a local criminal court or superior court.
Which of the following may not support the issuance of an Article 130 Summons?
A) Indictment
B) Felony Complaint
C) Prosecutor’s Information
D) Superior Court Information
D) Superior Court Information
See, C.P.L. 130.10, subd. 1.
When investigating a fatal motor vehicle accident, you should know that the victim’s blood will be tested by the coroner or medical examiner for its alcohol content pursuant to the provisions of the
County Law.
When there is an explosion and a minimum of 20 taggants are recovered and examined, the following information can be determined:
- Name and grade of explosive material
- The plant of manufacture and the date and shift of manufacture
- The size of the Commerical Explosive Package
- The particular production lot and the name and address of the distributor.
A) None are correct
B) 1,2,3 are correct
C) 1,3,4 are correct
D) All of these statements are correct
D. All of these statements are correct
When you are packaging wet blood stains for submission to the lab, you should
Dry the material at room temperature.
At the scene of a shooting, there are dry blood spatters on the concrete sidewalk. After photographing the area, the best way to collect these dry blood stains from the concrete sidewalk is to:
Scrape the blood from the surface onto blotter paper.
When conducting two-man foot surveillance on a crowded Street, the best method is to have
Both officers on the same side of the street as the suspect.
A suppression hearing may also be called a
Huntley-Wade Hearing
The following privileged relationships are recognized by law:
- Husband and Wife.
- Attorney or his employee and client
- Physician, dentist, RN, LPN, and patient.
- Clergyman or minister and penitent
- Registered Psychologist and client
- Certified social worker or clerk, stenographer, or other person working for a social worker and client
