Session 5 Flashcards by Anthony Carter

Train Accident

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Major Vehicle Accident

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Investigators improving skillsets

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Heresay

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Bloodhounds

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Sketch Tile Block

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Officer Jones knowingly uses Lieutenant Sullivan’s computer to intentionally gain information regarding his civilian complaint and his upcoming discipline hearing. Lieutenant Sullivan’s computer is the only computer containing this information. Officer Jones committed the offense of:

Computer Trespass. E Felony

156.10 PL

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Roger accesses Tondelayo’s computer without her permission and intentionally destroys a computer program causing over $55,000.00 worth of damage to the computer program. Roger committed the offense of:

Computer Tampering in the first degree.

156.27 PL C Felony

Commits the crime of computer tampering in the 4th degree and he intentionally alters in any manner or destroys computer data or a computer program so as to cause damages in an aggregate amount of 50K.

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Computer Trespass is punishable as a:

A: Class B Misdemeanor.
B: Class A Misdemeanor.
C: Class D Felony.
D: Class E Felony.

D: Class E Felony

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Roger intentionally commits a fraudulent welfare act and illegally obtains public assistance benefits exceeding three thousand dollars. Roger committed the offense of:

A: Welfare Fraud in the third degree.
B: Petit Larceny.
C: Welfare Fraud in the second degree.
D: Welfare Fraud in the first degree.

A: Welfare Fraud in the third degree.

4th Degree E Felony >1,000

3rd Degree D Felony >3,000

2nd Degree C Felony >50,000

1st Degree B Felony >1,000,000

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During the course of a Robbery, Roger unintentionally shoots the victim, causing serious physical injury to the victim. Roger committed the offense of:

A: Attempted Murder.
B: Robbery in the first degree.
C: Assault in the first degree.
D: Both B and C.

D: Both B and C.

Robbery 1 B Felony
Assault 1 B Felony

Armed with a pistol, causes SPI

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Roger rents a vehicle from Avis Rent a Car. Roger intentionally fails to return the rental car to Avis after the expiration of the rental agreement for a lengthy period of time without the authorization of Avis Rent a Car management. Avis sends a letter to Roger demanding that the vehicle be returned to Avis without any response from Roger. Roger has committed the offense of:

A: Unauthorized Use of a Vehicle in the third degree.
B: Petit Larceny.
C: Grand Larceny in the fourth degree.
D: Unauthorized Use of a Vehicle in the second degree.

A: Unauthorized Use of a Vehicle in the third degree.

See, PL 165.05 sub 3

A MISD

2nd Degree- Commits 3rd Degree and has previous conviction within the previous 10 years!
E Felony

1st Degree- Intent to commit an A,B,C,D felony
D Felony

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Which of the following statements is NOT true according to Article 690 of the Criminal Procedure Law?

A: Only a Local Criminal Court can issue a Search Warrant.
B: Search Warrants are executable only in the County of issuance and an adjoining County.
C: An application for a Search Warrant may be written or oral.
D: Only a County or City Police Officer can execute a Search Warrant state-wide.

B: Search Warrants are executable only in the County of issuance and an adjoining County.

Warrants issued by New York City Criminal Courts, District Courts, and Superior Court Judges Sitting as a Local Criminal Court can be executed state-wide.

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Which of the following statements is NOT true according to Article 690 of the Criminal Procedure Law?

B: Search Warrants are executable only in the County of issuance and an adjoining County.

Warrants issued by New York City Criminal Courts, District Courts, and Superior Court Judges Sitting as a Local Criminal Court can be executed state-wide.

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An oral application for a search warrant must be recorded and a transcript filed with the Court within:

24 hours of the issuance of a warrant

See, C.P.L. 690.36.

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Evaluate the following statements:

A Search Warrant must be addressed to a Police Officer, or classification of Police Officers, whose geographical area of employment covers the place (by County) where the issuing Court is located.
Anytime of the day or night indorsement to a non-third party Search Warrant requires that the application established that the Search Warrant could not be executed between 6:00 a.m. and 9:00 p.m. or the property sought will be removed or destroyed without it.
Absent a no-knock indorsement in the Search Warrant, execution without giving notice will result in the suppression of seized evidence.

A: All three statements are correct.
B: None of the three statements is correct.
C: Only statements #1 and #2 are correct.
D: Only statements #2 and #3 are correct.

A: All three statements are correct.

C.P.L. Article 690.

Tondelayo goes to the police to report that Roger is extorting money from her by threatening to release naked photographs of Tondelayo. Tondelayo makes a controlled phone call to Roger and allows Detective Mullins to listen in on the conversation. Based solely on these facts and Article 700 of the Criminal Procedure Law, which of the following statements is accurate?

A: Anything Officer Mullins hears on the call will be suppressed by the Court because Officer Mullins did not have an Eavesdropping Warrant.
B: Officer Mullins can use anything he hears on the call to establish probable cause.
C: New York is a two-party consent state requiring that both parties to the conversation be on notice that a third party is listening in.
D: The phone call must be recorded, and the recording must be preserved for ten years.

B: Officer Mullins can use anything he hears on the call to establish probable cause.

See, C.P.L. 700.05, subd. 3 (b).

Article 715 of the Criminal Procedure Law requires each of the following EXCEPT:

A: Police must store dangerous drugs in a locked vault.
B: When the police seize felony weight narcotics, the drugs must be sent to the lab for analysis within forty-five days.
C: Within ten days of receiving a drug analysis report from the lab, the police must forward a copy of the report to the District Attorney.
D: When dangerous drugs are destroyed, there must be two witnesses, one of whom is a Police Officer.

A: Police must store dangerous drugs in a locked vault.

The statute says nothing about how the drugs must be stored by the Police.

What is the maximum age of a Youthful Offender?

A:16
B:17
C:18
D:19

C:18

See, C.P.L. Article 720.

According to the Criminal Procedure Law, when must a Felony Defendant raise the issue of his competency to stand trial?

A: At the time of Arraignment.
B: After arraignment and before Grand Jury action.
C: After arraignment and before Trial.
D: At the time of Trial.

B: After arraignment and before Grand Jury action.

See, C.P.L. 730.30 – Mental Disease or Defect Excluding Fitness to Proceed.

The new sergeant referenced in the question above wishes to maximize participation at the conference. Which of the following actions by the sergeant would best contribute to this goal?

A:The use of overhead questions
B:Having the conference participants assist in the conference planning process
C:Using visual aids
D:Demonstrating support for arguments made by conferees

A good way to get conference participation is to have conferees help plan.

Lieutenant Gusano is assigned to lead a conference on how to improve communication between uniformed and investigative units. Lt. Gusano involves conferees from both units in the planning of the conference. Which of the following is an expected outcome from having the conferees help plan?

A: Participation from attendees is more likely.
B: Resentment from the conferees towards the leader because the leader is the one responsible for planning.
C: There is a greater likelihood that a solution to the problem will be found.
D: Those involved in the planning will have an unfair advantage over those who weren’t.

A: Participation from attendees is more likely.

Conferences can be a group-oriented problem-solving device. A disadvantage of this type of conference is

A: Police officers tend to not like group activities.
B: Statistically, conferences are less successful than other methods.
C: Group problem-solving can undermine management authority.
D: Reaching an agreement can become a higher group priority than solving the problem.

D: Reaching an agreement can become a higher group priority than solving the problem.

D: A disadvantage of group problem-solving may occur when the group becomes more concerned with reaching agreements than with solving the problem

Of the following, which will best contribute to reducing subjectivity in performance evaluations?

A: The supervisor’s ability to accurately recall facts about a subordinate’s performance during an evaluation period.
B: A supervisor’s interviews with other supervisors that may have observed the ratee’s performance.
C: A rater’s ability to gain an overall impression of a subordinate’s performance.
D: A review of summons and arrest data for the evaluation period.

D: A review of summons and arrest data for the evaluation period.

An objective evaluation is most likely to occur if based on specific DATA relating to performance.

One of your subordinates, Sergeant Rooney, wants to establish performance standards for his unit. You would best advise Sergeant Rooney that the standards he establishes in his unit should have the following characteristics: A: Standards should be set at a level that ensures the unit’s work will be without error. B: Performance standards should be attainable and passable. C: Performance standards should be easy to meet. D: Standards should include a quantitative measure.

B: Performance standards should be attainable and passable. Performance standards should be two things: ATTAINABLE and PASSABLE. Don’t set standards at PERFECTION level.

A supervisor who is a lenient rater will A: Have loyal subordinates. B: Have subordinates that “go the extra mile” in exchange for continued leniency. C: Make those that work for a harsh rater feel unfairly treated. D: Also exhibit a free-rein leadership style. C: Lenient raters make those who work for harsh raters feel unfairly treated.

C: Lenient raters make those who work for harsh raters feel unfairly treated.

Police Officers are charged with completing a variety of tasks in a variety of assignments. On what types of tasks should performance evaluations be based? A: Community policing activity B: Overall performance C: Activity directly related to law enforcement activities D: Areas of performance that the community deems important

B: Evaluations should be based on overall performance.

The Van Allen Police Department awards 2 administrative days off to employees that receive an “Excellent” annual performance rating, and 1 day off to employees that receive an “Above Average” rating. All other rating levels receive no additional time awards. To be fair, which of the following is true in regard to this incentive program? A: Reward programs should not be tied to performance evaluations. B: Officers must receive continuous feedback about their performance as compared to standards throughout the evaluation period. C: Officers should receive feedback regarding their performance at least once a year. D: Reward systems should only award merit pay, not additional time off.

B: Officers must receive continuous feedback about their performance as compared to standards throughout the evaluation period. B: When a reward system is implemented re: subordinate performance, it is essential that the officers receive continuous feedback about how their performance compares to the standards that have been set.

From a subordinate’s perspective, which of the following will best motivate him to achieve a particular performance goal? A: Whether the goal is something the officer cares about. B: His belief that his superiors acted fairly in establishing the goal. C: There is little connection between the nature of performance goals and officer motivation. D: Officers will more likely support a goal tied to a reward or incentive than other goals.

B: His belief that his superiors acted fairly in establishing the goal.

Most of the officers in the Lemrac Police Department believe employee performance evaluations are a waste of time and a morale killer. Of the following, which management action would best enhance morale as it pertains to the performance evaluation system? A: The provision of rater training. B: Demonstrating fairness in the application of the system. C: Developing a rewards program as part of the system. D: Eliminating a narrative evaluation and limiting the system to numerical scoring.

B: Demonstrating fairness in the application of the system. B: Morale among subordinates will be enhanced when the subordinates believe that leadership is fair in its use of the system.

Pre-trial identification procedures are used to give a witness the opportunity to possibly identify a suspect as the person who committed an offense. Which of the following statements is not correct regarding pre-trial identifications? A: A photographic identification procedure can be used when you do not have a suspect in custody or when you have a suspect in custody, but a line-up identification procedure is impractical. B: An artist’s rendering of the suspect can be shown to a witness to make a positive identification of the suspect. C: The line-up identification procedure can be used when a suspect is in custody and you believe that a witness identification is necessary to successfully prosecute the case. D: A one-on-one confrontation between a witness and suspect is only appropriate when there is an extreme necessity such as when the witness or suspect is in danger of dying or when the confrontation can be arranged shortly after the offense was committed.

B: An artist’s rendering of the suspect can be shown to a witness to make a positive identification of the suspect. B: M.F.P. Part 2, 5G

The release of certain information regarding the arrest of an adult is permitted. Consider whether it is appropriate to release the following information about the arrestee: 1. Address. 2. Employment 3. Marital status. A:#1 and #3, but not #2. B:#2 and #3, but not #1. C:None of these. D:All of these.

D:All of these. M.F.P. Part 2, 2I2

Which of the following statements regarding Miranda is not accurate? A: It is advisable to make detailed notes concerning the advising of rights and the waiving of rights, including the times this was done. B: A suspect's silence cannot be regarded as a waiver of his rights. C: After an accusatory instrument has been filed, but before arraignment, a defendant can waive his right to counsel. D: If, after talking to his lawyer, the defendant is willing to talk to you, you may continue the interrogation only with his lawyer present.

C:After an accusatory instrument has been filed, but before arraignment, a defendant can waive his right to counsel. M.F.P. Part 2, 5H2

Captain Mullins is assigned to command the patrol division. When he reviews the monthly report of the division, he notes that pace clock speed enforcement is the highest activity of the division. Captain Mullins asks for a briefing on how the officers go about pace clock speed enforcement. The briefing should contain each of the following, except: A:the police vehicle's speedometer must be calibrated. B:continuous visual contact to observe the target vehicle is required. C:the target vehicle must be followed for one quarter mile or more. D:varied distances between the police vehicle and the target vehicle are required.

D: varied distances between the police vehicle and the target vehicle are required. M.F.P. Part 2, 11E1

Each of the following properly describes an exception to the hearsay rule, except: A:A confession is a statement made by a defendant directly acknowledging his guilt. B:An admission is any statement made or act done by a defendant that is consistent with his innocence. C:A Res Gestae exclamation is a statement made spontaneously by a person as an impulsive or instinctive reaction accompanying and relating to an occurrence. D:A dying declaration is a statement made by a homicide victim under a solemn conviction of his impending death that relates to the cause and circumstances of the homicide.

B: An admission is any statement made or act done by a defendant that is consistent with his innocence. M.F.P. Part 2, 4F6

The color of the lividity may be important because it is often dependent on the cause of death. Always view the coloration under natural light. Some of the colors and their indications or possible causes are: 1. Red-purple - usual. 2. Pink - cyanide poison or cold. 3. Cherry red - carbon monoxide poison. 4. Brown - nitrite poison. 5. Dark purple - asphyxia. A:#1 and #5 are correct. B:#2 and #3 are correct. C: None of these are correct. D: All of these are correct.

D: All of these are correct. M.F.P. Part 2, 12G4

A function of the Grand Jury is to protect the innocent from unfounded criminal charges by hearing evidence gathered in the course of a criminal investigation to determine if that evidence warrants a criminal charge being formally lodged against a given person(s), or a corporation. It is not the function of the Grand Jury to determine the guilt or innocence of a defendant. Which of the following statement is not correct regarding Grand Jury proceedings? A: If you are called to testify before a Grand Jury, the members and the presiding judge may question you about your investigation of a criminal act and the evidence you have gathered that leads you to believe that the defendant should be charged with the commission of the offense. B: If 12 of the grand jurors believe that there is legally sufficient evidence to show that an offense has occurred and that there is reasonable (probable) cause to believe that the defendant was the one who committed the act(s) constituting the offense, the Grand Jury will issue an Indictment. C: Grand Jury proceedings are not of an adversary nature. Usually, only the People's side of the case is heard. Because of the absence of counsel for the defendant, there will be no cross-examination or objection to your testimony. D: The witnesses appear and are heard individually; all proceedings are secret and there are criminal penalties for unauthorized disclosure.

A: If you are called to testify before a Grand Jury, the members and the presiding judge may question you about your investigation of a criminal act and the evidence you have gathered that leads you to believe that the defendant should be charged with the commission of the offense. A: M.F.P. Part 2, 4C

Which of the following are appropriate considerations when deciding whether to allow a vehicle pursuit to occur? 1. The use of lights and sirens. 2. The risk of the pursuit weighed against the need to apprehend the suspect. 3. The pursuing Officer’s knowledge of the area. A:#1 only. B:#2 only. C:#2 and #3. D:#1, #2 and #3.

D:#1, #2 and #3. D: M.F.P. Part 2, 12-4