NYPD 2ND TRIMESTER REVIEW EXAM 2023
WITH COMPLETE SOLUTION UPDATED
REVIEW PAPER 2026 QUESTIONS AND
CORRECT ANSWERS GRADED A+
⩥ Age of a child victim. Answer: In instances in which the age of the
child is an element of the offense, It is NOT a legal defense to state you
didn't know the age of the victim
⩥ Attempted Crimes. Answer: A conviction for attempt reduces the
classification of crime by one class.
There can be no conviction for an attempt of an offense less than a
misdemeanor.
⩥ Exclusionary Rule. Answer: prohibits evidence that was obtained by
an unreasonable search and seizure to be used in court
"Fruits of a poisonous tree"
⩥ Where the 4th amendment protections extend too. Answer: Private
homes
Curtilage(immediate area surrounding a dwelling)
Automobile-limited protections
,⩥ Court recognized exceptions to a search warrant. Answer: 1. Search
Incident to a Lawful Arrest (SILA)
2. Plain View Exception
3. Automobile Exception
4. Search By Consent
5. Emergency Exception
6. Hot pursuit
7. Stop Question and Frisk
8. Inventory Procedure
⩥ Search Incident to a Lawful Arrest (SILA). Answer: Police MAY
search a lawfully arrested person and his immediate surrounding area
without a warrant. A search incident to arrest requires:
1) A lawful arrest
2) Search must be contemporaneous with the arrest
3) Search must be limited to area within suspect's immediate reach or
movement i.e. where he could obtain weapons or destroy evidence
Protective Sweeps: Police MAY sweep an area for officer safety or with
reasonable belief that accomplices may be present
Inventory Search: Police MAY search arrestee's belongings or seized
property with jailing an arrested suspect
,Automobiles: After arresting occupant, police MAY search the vehicle's
interior, including glove box, IF at the time of the search:
1) Arrestee is unsecured and may access the vehicle's interior; OR
2) They reasonably believe evidence of the crime for which the arrest
was made may be found in the vehicle
Police CANNOT search trunk without probable cause or consent
Cell Phones: Policy CANNOT search digital information on a phone
seized during an arrest without a warrant
⩥ Plain View Exception. Answer: when an officer is in a constitutionally
protected space and inadvertently observes contraband or other
evidence.
1. Officer must have the right to be there (Consent, hot pursuit,
emergency)
2. Must inadvertently see the evidence
3. Officer has reasonable cause to believe that items to be seized are
contraband, evidence or fruits of the crime
⩥ Automobile Exception. Answer: Cars are granted limited protection
under the 4th amendment.
, A warrantless search is permitted as long as there is probable cause that
evidence or contraband is contained in a vehicle AND exigent
circumstances exist (ex: obtaining a warrant is not possible or
practical because of the mobility of the vehicle to be searched)
If a police officer has probable cause that a vehicle contains evidence or
contraband (regardless of whether moving or parked), the officer may,
without a warrant, search any part of the vehicle, locked or not, and any
containers within the vehicle as long as such containers are large enough
to hold the evidence for which the officer is searching.
⩥ Search by Consent. Answer: The one who has a right to possession
(expectation of privacy) is the one who is protected; therefore, he is the
one who must give consent.
Tenant- the tenant can give consent to search an apartment NOT the
apartment owner, the apartment owner gave up possession of it once
they decided to rent it
Husband and Wife/Joint Tenants/Common Occupants /Partners- Where
two or more persons possess the premise, one may give consent to a
search that would be effective against all the occupants. If two persons
share an apartment or a hotel room, and one is a suspect, a police officer
may get valid consent from the roommate to search the room for
evidence as long as the search is limited to areas mutually possessed.
WITH COMPLETE SOLUTION UPDATED
REVIEW PAPER 2026 QUESTIONS AND
CORRECT ANSWERS GRADED A+
⩥ Age of a child victim. Answer: In instances in which the age of the
child is an element of the offense, It is NOT a legal defense to state you
didn't know the age of the victim
⩥ Attempted Crimes. Answer: A conviction for attempt reduces the
classification of crime by one class.
There can be no conviction for an attempt of an offense less than a
misdemeanor.
⩥ Exclusionary Rule. Answer: prohibits evidence that was obtained by
an unreasonable search and seizure to be used in court
"Fruits of a poisonous tree"
⩥ Where the 4th amendment protections extend too. Answer: Private
homes
Curtilage(immediate area surrounding a dwelling)
Automobile-limited protections
,⩥ Court recognized exceptions to a search warrant. Answer: 1. Search
Incident to a Lawful Arrest (SILA)
2. Plain View Exception
3. Automobile Exception
4. Search By Consent
5. Emergency Exception
6. Hot pursuit
7. Stop Question and Frisk
8. Inventory Procedure
⩥ Search Incident to a Lawful Arrest (SILA). Answer: Police MAY
search a lawfully arrested person and his immediate surrounding area
without a warrant. A search incident to arrest requires:
1) A lawful arrest
2) Search must be contemporaneous with the arrest
3) Search must be limited to area within suspect's immediate reach or
movement i.e. where he could obtain weapons or destroy evidence
Protective Sweeps: Police MAY sweep an area for officer safety or with
reasonable belief that accomplices may be present
Inventory Search: Police MAY search arrestee's belongings or seized
property with jailing an arrested suspect
,Automobiles: After arresting occupant, police MAY search the vehicle's
interior, including glove box, IF at the time of the search:
1) Arrestee is unsecured and may access the vehicle's interior; OR
2) They reasonably believe evidence of the crime for which the arrest
was made may be found in the vehicle
Police CANNOT search trunk without probable cause or consent
Cell Phones: Policy CANNOT search digital information on a phone
seized during an arrest without a warrant
⩥ Plain View Exception. Answer: when an officer is in a constitutionally
protected space and inadvertently observes contraband or other
evidence.
1. Officer must have the right to be there (Consent, hot pursuit,
emergency)
2. Must inadvertently see the evidence
3. Officer has reasonable cause to believe that items to be seized are
contraband, evidence or fruits of the crime
⩥ Automobile Exception. Answer: Cars are granted limited protection
under the 4th amendment.
, A warrantless search is permitted as long as there is probable cause that
evidence or contraband is contained in a vehicle AND exigent
circumstances exist (ex: obtaining a warrant is not possible or
practical because of the mobility of the vehicle to be searched)
If a police officer has probable cause that a vehicle contains evidence or
contraband (regardless of whether moving or parked), the officer may,
without a warrant, search any part of the vehicle, locked or not, and any
containers within the vehicle as long as such containers are large enough
to hold the evidence for which the officer is searching.
⩥ Search by Consent. Answer: The one who has a right to possession
(expectation of privacy) is the one who is protected; therefore, he is the
one who must give consent.
Tenant- the tenant can give consent to search an apartment NOT the
apartment owner, the apartment owner gave up possession of it once
they decided to rent it
Husband and Wife/Joint Tenants/Common Occupants /Partners- Where
two or more persons possess the premise, one may give consent to a
search that would be effective against all the occupants. If two persons
share an apartment or a hotel room, and one is a suspect, a police officer
may get valid consent from the roommate to search the room for
evidence as long as the search is limited to areas mutually possessed.
