Session 7

Question 1

Roger, who is a police officer looks the other way while Tondelayo commits a crime and is paid $200.00 for his actions. Roger committed the offense of:

A: Grand Larceny in the second degree.
B: Official Misconduct.
C: Petit Larceny.
D: Grand Larceny in the fourth degree.

Answer 1

B: Official Misconduct.

See PL 195.00

Question 2

Officer Smith intentionally fails to arraign a defendant in a timely manner in violation of the Criminal Procedure Law. Officer Smith committed the offense of:

A: Obstructing Governmental Administration in the second degree.
B: Official Misconduct.
C: Harassment in the second degree.
D: Harassment in the first degree.

Answer 2

B: Official Misconduct.

See PL 195.00

Question 3

Roger offers to give Mayor Thomas two hundred dollars to vote for his building proposal. Roger committed the offense of:

A: Bribery in the third degree.
B: Official Misconduct.
C: Bribery in the second degree.
D: Bribery in the first degree.

Answer 3

A: Bribery in the third degree.

See PL 200.00

Question 4

Roger offers to give Trustee Jones six thousand dollars to vote in favor of his building permit. Roger committed the offense of:

A: Bribery in the second degree.
B: Bribery in the first degree.
C: Official Misconduct.
D: Bribery in the third degree.

Answer 4

A: Bribery in the second degree.

See PL 200.03

Question 5

Roger, who is a prisoner at the County Jail, fails to return to the County Jail after being temporarily released for a work detail. Roger committed the offense of:

A: Escape in the third degree.
B: Absconding from Temporary Release in the second degree.
C: Escape in the first degree.
D: Escape in the second degree.

Answer 5

Absconding from Temporary Release in the second degree

B: See PL 205.16

Question 6

Roger who was arrested for a class C felony, escapes from custody from the police station. Roger committed the offense of:

A: Escape in the third degree.
B: Absconding from Temporary Release in the second degree.
C: Escape in the second degree.
D: Escape in the first degree.

Answer 6

C: Escape in the second degree.

Escape, charged with a C Felony

Question 7

Roger, who was convicted of a felony, escaped from the County Jail. Roger committed the offense of:

A: Escape in the second degree.
B: Resisting Arrest.
C: Escape in the first degree.
D: Escape in the third degree.

Answer 7

C: Escape in the first degree.

Escape from a detention facility after conviction of a felony

Question 8

Roger lies on a signed Supporting Deposition that he submitted to Officer Jones as part of a criminal investigation. Roger committed the offense of:

A: Obstructing Governmental Administration in the second degree.
B: Perjury in the second degree.
C: Perjury in the third degree.
D: Making an Apparently Sworn False Statement in the first degree.

Answer 8

B: Perjury in the second degree.

Making a false statement to a public servant. See, PL 210.10

Question 9

Roger knowingly makes a false statement while testifying at a trial for Tondelayo while under oath. The testimony directly effects Tondelayo’s trial. Roger committed the offense of:

A: Making an Apparently Sworn False Statement in the second degree.
B: Perjury in the third degree.
C: Perjury in the first degree.
D: Obstructing Governmental Administration in the second degree.

Answer 9

C: Perjury in the first degree.

See PL 210.15

Question 10

Roger tells Tondelayo that if she shows up to Court to testify at Roger’s brother’s trial, Roger will hurt Tondelayo. Roger committed the offense of:

A: Tampering with a Witness in the third degree.
B: Tampering with a Witness in the first degree.
C: Assault in the second degree.
D: Disorderly Conduct.

Answer 10

A: Tampering with a Witness in the third degree.

Instill fear not to testify, See PL 215.11

Question 11

Roger becomes disorderly, loud and disruptive in a court room while Court is in session. Roger committed the offense of:

A: Criminal Contempt in the second degree.
B: Disorderly Conduct.
C: Obstructing Governmental Administration in the second degree.
D: Assault in the third degree.

Answer 11

A: Criminal Contempt in the second degree.

While Court is sitting, act disorderly

Question 12

Roger unlawfully refuses to be sworn as a witness before a Grand Jury. Roger committed the offense of:

A: Obstructing Governmental Administration in the second degree.
B: Criminal Contempt in the first degree.
C: Criminal Contempt in the second degree.
D: Disorderly Conduct.

Answer 12

B: Criminal Contempt in the first degree. E Felony

See PL 215.51, subd. A

Question 13

Detective Mullins arrested one John Roberts for rape and murder. At the time of arrest Roberts was functionally illiterate, borderline mentally retarded, and suffering from organic brain damage as a result of a childhood injury. Detective Mullins, who had been advised that Roberts was “slow” not only read Miranda warnings to Roberts but also explained each warning in simpler language and in more detail. Mullins also verified that Roberts understood each warning before moving on to the next.

The statements by Roberts will be

A: Admitted because although a suspect must be appraised of his rights, providing a general legal education is not the business of the court.
B: Not be admitted because the interrogation of a person who is known to be suffering from a diminished mental capacity cannot be undertaken absent rational advice from a neutral and/or legally sophisticated person.

Answer 13

A: Admitted because although a suspect must be appraised of his rights, providing a general legal education is not the business of the court.

Same rule for juveniles.

Question 14

Which of the following statements re: searches is incorrect?

A: If officers have time to get a Search Warrant and they fail to do so, this, in and of itself, will result in the suppression of incriminating evidence.
B: At a suppression hearing, the burden is on the prosecution to show that there was CONSENT to a search.
C: If the information contained in a Search Warrant affidavit is NOT sworn to under oath, it is a fatal defect that will result in suppression of the evidence at a suppression hearing.
D: A search incident to a lawful arrest is limited in both area and time.

Answer 14

A: If officers have time to get a Search Warrant and they fail to do so, this, in and of itself, will result in the suppression of incriminating evidence.

Remember, you SHOULD get a warrant whenever you have the grounds and the time. But, it is not always absolutely necessary.

Question 15

You are investigating a serious crime, and as part of your duties, you have set up a crime scene. You deem it necessary to search this crime scene for evidence. The scene is the bedroom of a private house where the victim lived with his family. For you to search this crime scene without a warrant would be

A: Proper; when a serious crime has been committed, the emergency nature of the situation permits a warrantless search.
B: Improper; except under certain special circumstances, a crime scene search without a warrant is not authorized.
C: Proper; it has long been an accepted facet that the search of a crime scene is not unreasonable.
D: Improper; in all situations where a crime scene is to be searched, a Search Warrant is required.

Answer 15

B: Improper; except under certain special circumstances, a crime scene search without a warrant is not authorized.

Crime scene searches without a warrant are justified:
1. in an emergency
2. when the contraband is in plain view
3. when the crime scene is a public place
4. when the crime is a homicide, and the victim is the sole occupant of the place to be searched.

Question 16

The statement below which is inaccurate is:

A: It is a good practice to have a Search Warrant directed to a group or a class of police officers rather than to a particular individual police officer.
B: Once all the evidence which is described as the subject of a Search Warrant has been found, the search must end.
C: A threat by a police officer that he will get a Search Warrant will invalidate a consent search which follows such a threat.
D: Courts have held that it is not a “search” to observe that which is open to view.

Answer 16

C: A threat by a police officer that he will get a Search Warrant will invalidate a consent search which follows such a threat.

A mere threat to get a warrant will NOT invalidate consent that follows.

Question 17

The least accurate of the following statements is:

A: As a general rule, a search should precede an arrest upon which it is based.
B: The case of Wolf v. Colorado was overruled by Mapp v. Ohio.
C: A search is said to be clearly unreasonable when it is merely “exploratory and general and made solely to find evidence of guilt.”
D: Consent to a search is not considered as voluntary when a citizen complies with the command of an officer pretending to act within his official capacity.

Answer 17

A: As a general rule, a search should precede an arrest upon which it is based.

The arrest should precede the search.

Question 18

Roger knew that he was about to be arrested and so he gave Tondelayo his briefcase and keys for it. The briefcase contained incriminating evidence against Roger. After Roger’s arrest, Tondelayo brought the briefcase and keys to the police. The police opened the briefcase, searched it, and seized the evidence it contained. The seizure was

A: Valid; Roger had surrendered his right to privacy when he gave possession of the briefcase and key to another.
B: Invalid; the police could not search the briefcase unless they had a Search Warrant or consent from Roger.
C: Valid; since Roger had given the briefcase to Tondelayo as a subterfuge, its search was still considered as incident to his arrest.
D: Invalid; since Tondelayo was not the true owner of the briefcase, her consent was not sufficient to authorize a search.

Answer 18

A: Valid; Roger had surrendered his right to privacy when he gave possession of the briefcase and key to another.

Court of Appeals decision.

Question 19

Roger’s neighbor smelled gas fumes coming from Roger’s house and turned in a fire alarm. The fire fighters responded and found a defective gas heater. A police unit, following a general practice of responding to fire calls, also entered the premises. One of the police officers observed contraband material in Roger’s bedroom. He saw the contraband when he inadvertently glanced through a partially opened door. The officer seized the contraband. The seizure was

A: Improper; Roger’s home is constitutionally protected against such conduct by agents of the state.
B: Proper; this is an example of the “plain view” exception to the necessity for having a Search Warrant.
C: Improper; a Search Warrant should have been obtained.
D: Proper; a police officer is always authorized to seize contraband which is in plain view.

Answer 19

B: Proper; this is an example of the “plain view” exception to the necessity for having a Search Warrant.

The officer was lawfully in the premises, and he inadvertently saw the contraband. The seizure was proper

Question 20

Which of the following statements is not correct re: police investigative powers?

A: Police jurisdiction for “stopping: a suspect is evaluated by the courts at the moment the stop is made, and not by what turns up after the stop.
B: A protective frisk is not an investigative technique.
C: If an officer sees something suspicious, he has the RIGHT and the DUTY to investigate.
D: Police have a limited right to detain suspects while their threshold investigation is developing.
E: The courts have placed severe limitations on the use of cameras and binoculars since they are so frequently used as a means to INVADE the PRIVACY of citizens.

Answer 20

E: The courts have placed severe limitations on the use of cameras and binoculars since they are so frequently used as a means to INVADE the PRIVACY of citizens.

Just not so.

Question 21

Cliff, a deaf mute, is arrested for burglary. The assigned Detective wants to interview Cliff about the burglary. The Detective should:

A: not attempt to give Cliff Miranda Warnings.
B: read Cliff his Miranda Warnings and also give them to Cliff to read.
C: only give Cliff his Miranda Warnings in writing.
D: Enlist the assistance of a sign language interpreter to give Cliff his Miranda Warnings.

Answer 21

B: read Cliff his Miranda Warnings and also give them to Cliff to read.

Question 22

The Commanding Officer has directed that no investigative resources be expended in all cases in which there are no active leads. These cases should most properly be classified as:

A: closed.
B: open.
C: suspended.
D: unsolvable.

Answer 22

C: suspended.

Question 23

Which of the following is NOT accurate:

A: A gap skid occurs when the brakes lock, tires skid, and then the brakes are released.
B: Glass and paint fragments can be important evidence at a hit-and-run motor vehicle accident scene.
C: A firearm should be processed for fingerprints before it is sent for ballistics testing.
D: An Eavesdropping Warrant is necessary unless all parties to the conversation give consent.

Answer 23

An Eavesdropping Warrant is necessary unless all parties to the conversation give consent.

only one person who is a party to the conversation needs to consent.

Question 24

Tondelayo has been kidnapped and the kidnappers send a ransom note to George. Detective Sullivan intercepts the ransom note, knowing that it must be treated as evidence. Detective Sullivan’s first consideration about the note should be the:

A: return address on the envelop.
B: postmark on the envelop.
C: fingerprints on the ransom note.
D: D.N.A. on the ransom note.

Answer 24

C: fingerprints on the ransom note.

C: fingerprints has always been the answer, even with the advent of D.N.A.

Question 25

Roger barricades himself in his apartment and is threatening suicide. Lieutenant Mullins, Sergeant Sullivan and three officers are on scene. What information is most important for Lieutenant Sullivan to have first?

A: How many times Roger has attempted suicide in the past.
B: The number of officers available to assist.
C: Whether Roger has any weapons.
D: When the hostage negotiators will arrive.

Answer 25

C: Whether Roger has any weapons.

Question 26

The development of directed patrol tactics requires

A: population density analysis
B: a problem analysis.
C: Socio-economic analysis.
D: trend analysis.
.

Answer 26

B: problem analysis

Question 27

Roger and Tondelayo are well-known burglars. They were released from prison last month, and since that time, there has been a significant increase in the number of residential burglaries committed. It would not be wise to direct that:

A: surveillance of Roger and Tondelayo be commenced.
B: a decoy house be wired with electronic surveillance.
C: the investigators meet to discuss the details of the burglaries.
D: high visibility patrols be deployed into the affected neighborhoods.

Answer 27

B: a decoy house be wired with electronic surveillance.

Question 28

Officer Stumpy is walking down the hallway of the sixth floor of an apartment building when Roger, wielding a knife, runs out of his apartment toward Officer Stumpy. Officer Stumpy should first:

A: order Roger to drop the knife.
B: run toward Roger while drawing his Taser.
C: draw his firearm while moving away from Roger.
D: turn and run while looking for cover.

Answer 28

C: draw his firearm while moving away from Roger.

Question 29

Roger parks his car in a municipal parking lot. Before getting out of his car, Roger puts a 9mm handgun into the glove compartment. Officer Stumpy sees this and waits for Roger to exit the car. Officer Stumpy should

A: arrest Roger for Criminal Possession of a Weapon and retrieve the firearm from the car after Roger has been properly secured.
B: stop and frisk Roger for additional weapons.
C: wait for Roger to leave the area and apply for a search warrant.
D: stop Roger and ask him if he has a permit to possess the firearm.

Answer 29

D: stop Roger and ask him if he has a permit to possess the firearm.

Question 30

When selecting a place to conduct speed enforcement, choose an area of roadway that is

A: straight and level and free from interferences.
B: curved and level and free from interferences.
C: straight and on a grade and free from interferences.
D: curved and on a grade and free from interferences.

Answer 30

A: straight and level and free from interferences.

Question 31

Officer Stumpy responds to the scene of a robbery on a train and sees Roger holding a pistol and running away from the train platform. Officer Stumpy give chase and Roger turns around and fires a shot at Officer Stumpy. Officer Stumpy returns fire and Roger falls to the floor. Officer Stumpy should next:

A: run to Roger and place him in handcuffs.
B: cautiously approach Roger and take possession of the pistol.
C: take cover as Roger may still be a threat.
D: call for an ambulance and administer aid to Roger.

Answer 31

C: take cover as Roger may still be a threat.

Question 32

Officer Stumpy responds to the scene of a one-car motor vehicle accident. When he arrives, the driver of the vehicles is already in the back of an ambulance being treated for serious injuries. Officer Stumpy found illicit drugs inside the vehicle. Based upon the foregoing, evaluate the following statements:

1. The drugs were not unlawfully found because Officer Stumpy entered the vehicle to retrieve the registration and insurance card from the glove compartment.
2. The driver of the vehicle cannot be charged with possession of the drugs because Officer Stumpy did not personally see him inside the vehicle.
3. The drugs will not be permitted to be used as evidence against the driver because Officer Stumpy failed to obtain a search warrant before searching the vehicle.

A: Only #1 and #2 are correct statements.
B: Only #2 and #3 are correct statements.
C: Only #1 is a correct statement.
D: Only #3 is a correct statement.

Answer 32

C: Only #1 is a correct statement.

Question 33

When lost property is turned over to the police, the Personal Property Law mandates that the police shall keep the property in custody for each of the following periods, except:

A: less than one hundred dollars for 1 month.
B: less than five hundred dollars for 6 months.
C: less than five thousand dollars for 1 year.
D: five thousand dollars or more = 3 years.

Answer 33

A: less than one hundred dollars for 1 month.

A: it’s three months.

Question 34

Officer Waldo is one of your subordinates and has historically been a marginal performer. What method of order giving should be used with Waldo to get the best results?

A: Orders should be framed as requests for Waldo.
B: Order-giving and leadership style should be the same for all subordinates.
C: Autocratic methods will achieve better results with Waldo.
D: Waldo would more readily respond to implied orders.

Answer 34

C: Autocratic methods will achieve better results with Waldo.

When dealing with incompetent subordinates, you may have to engage in autocratic methods to get the job done.

Question 35

You direct one of your subordinates to inventory and log into evidence a backpack full of found property. The officer complains about the current procedure, and suggests a different way to get the job done, but you know his suggestion is unworkable. Of the following, which is the best way to respond to the officer?

A: Tell the officer to do it the way you told him.
B: Explain to the officer why his suggestion won’t work.
C: Assign the job to another officer to ensure it gets done correctly.
D: Do the job yourself to ensure it gets done correctly.

Answer 35

B: Explain to the officer why his suggestion won’t work.

EXPLAIN…usually a good thing.

Question 36

Which of the following facilitate(s) systematic follow-up and aids in accountability?

A: Verbal orders.
B: Conferences.
C: Department bulletin boards.
D: Written orders.

Answer 36

D: Written orders.

Question 37

Controlling involves follow-up. How should a supervisor best determine how and if an order was carried out?

A: Have officers prepare written reports.
B: Have officers report verbally the completion of assignments.
C: Observe and inspect officer performance.
D: None of the above.

Answer 37

C: Observe and inspect officer performance.

When a supervisor gives an order, the subordinate’s performance should be observed and inspected. CONTROLLING involves follow-up.

Question 38

Orders that generally get the best results in emergency situations are

A: Framed as requests.
B: Direct commands.
C: Requests for volunteers.
D: Implied orders.

Answer 38

B: Direct commands.

When emergency situations require direct prompt action, orders are best given by command.

Question 39

Which of the following is an appropriate action for a supervisor to take when giving assignments?

A: Give the orders without further embellishment.
B: Provide all information available along with the assignment.
C: Ask the officers for their preference in assignment.
D: Explain the important points.

Answer 39

D: Explain the important points, not everything.

Question 40

Your unit’s absentee rate is consistently higher than the department average. You should probably suspect

A: Pathogen exposure.
B: Chronic fatigue resulting from scheduling issues.
C: Poor discipline.
D: Discontented employees.

Answer 40

D: Discontented employees.

If your unit’s absentee rate is consistently high, you probably have discontented employees.

Question 41

You wish to gauge the level of morale in your unit. Which of the following is an obvious indicator of morale that you should be attentive to?

A: Quality of reports.
B: Absentee Rate.
C: Enforcement statistics.
D: Volume of employee suggestions received.

Answer 41

B: Absentee Rate.

An obvious indicator of low morale in a unit is high absentee rate.

Question 42

Which of the following best helps employees develop interest and feel like they have control over their work?

A: Conducting team-building exercises.
B: Inviting employees across all ranks and seniority into the decision-making process.
C: Financial incentives.
D: Assigning officers to specialized training.

Answer 42

B: Inviting employees across all ranks and seniority into the decision-making process.

When your subordinates participate in the decision-making process they will develop interest and feel they have control over their work.

Question 43

An officer in your unit regularly makes suggestions that he feels will benefit the department. On many occasions his suggestions have already been considered as unworkable. Of the following, how should you handle this officer’s suggestion making?

A: Confer with the officer and recommend that he give more careful consideration before submitting suggestions.
B: Don’t discourage him. Permitting subordinates to contribute suggestions can be a motivating factor.
C: Look for a more serious underlying problem.
D: Limit the officer to a specified number of suggestions per quarter.

Answer 43

B: Don’t discourage him. Permitting subordinates to contribute suggestions can be a motivating factor.

Don’t discourage him. Permitting subordinates to contribute suggestions can be a motivating factor.