NYPD 2nd Trimester Law Exam Questions And Answers
Verified 100% Correct
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.
Parent and Child- Parents may consent to search the home in which they permit their
child to live, except if the child is a legally emancipated minor
Host and a guest- a guest cannot consent to a search of a premise without authorization
,but may say no to a search if the host isn't present
Custody- If an owner gives another person full control of his property, that person can
consent to a search of the property in the same way the owner could.
Hotel Room- The police cannot use the consent from the management of the hotel to
search a guest's room. However, if hotel employees in the normal course of their duties
it will be admissible.
Search based on Consent - ANSWER search of a person or property conducted after a
person voluntarily permits police to do so
Must be done under no duress with no coercion
Emergency Exception - ANSWER Where an emergency exists and immediate police
action is needed to protect lives or property, police can search without a warrant.
1. Must be PC that an emergency exists
2. Search confined to the area that the emergency is believed to exis t
3. Purpose of the search is not cure the emergency not find evidence
Stop, Question, and Frisk - ANSWER A frisk is a protective measure. In order to
conduct a frisk, a police officer must reasonably suspect that the person stopped is
armed and dangerous. (Terry v. Ohio). The frisk must be strictly limited to a running of
the hands or pat-down of the outside of a person's clothing, feeling for weapons that
could harm the police officer or others nearby.
Hot Pursuit - ANSWER Where the police have established probable cause and are
chasing a suspect for the purpose of making an arrest. When these conditions exist,
the police may follow the suspect into any constitutionally protected area, i.e., the
suspect's home or a third party's residence. This is usually based upon an officer's
direct observation of the suspect's flight. An exception may occur when an officer
momentarily loses sight of the suspect and is informed by a third party of the suspect's
location.
Inventory Procedure - ANSWER It is an administrative procedure aimed at protecting
the prisoner's property from loss or damage while in police custody, while also ensuring
the City and the officer will be free from any civil claim. To that end, it is reasonable and
proper that an officer inspect all items that come into the officer's custody.
Since the reason for such inspection is not to obtain evidence of a crime, it is not
considered a search within the definition of the Fourth Amendment, and is governed by
different standards. This procedure must be used solely as a measure to safeguard
property and not as a means to search for evidence. However, if while conducting an
,inventory of personal property, the officer finds contraband or incriminating material, he
may seize it and commence criminal charges against the owner.
Cell Phone Search - ANSWER -Cannot be searched under SILA
- Need a warrant to search
Garbage Search - ANSWER police can go through trash and seize anything illegal as
long as the garbage is left outside of private property and been legally abandoned
Arrest Warrant Requirements - ANSWER -Date of issuance
-Name of issuing court
-Name of offense concerned
-Name of defendant or any name or description by which he can be
identified -Police officer(s) to whom addressed -Judge's endorsement.
Execution of Warrant - ANSWER A search warrant must be executed between 6:00
A.M. and 9:00 P.M., unless otherwise authorized by the court. It must be executed
within ten (10) calendar days after the date of issuance, including weekends and
holidays.
Desk Appearance Ticket (DAT) - ANSWER The NYPD issues Desk Appearance
Tickets (D.A.T.'s), in lieu of detention, for all violations, misdemeanors and class
Efelonies, when a person is eligible.
The "Room Presumption" - ANSWER Officers may arrest individuals for criminal
possession of a controlled substance pursuant to the "room presumption." The "room
presumption" provides that there is probable cause to arrest individuals found in a
premise that appears to be used primarily for the manufacture and/or sale of drugs.
Constructive Possession - ANSWER officers have probable cause to arrest anyone
who resides in a dwelling when:
- Contraband is discovered in plain view, and
- It reasonably appears that all residents of the dwelling exercised dominion and control
over the area where contraband was found.
Harassment 2nd Degree - Violation - ANSWER with intent to harass, annoy, or alarm
another person by:
-Physical Contact: strikes, shoves, kicks, or otherwise subjects any person to physical
contact, or attempts or threatens to do the same.
-Annoying by Following: follows a person in or about a public place.
-Annoying Conduct Generally: engages in a course of conduct or repeatedly commits
acts which alarm or seriously annoy other persons and which serve no legitimate
purpose.
, Harassment 1st Degree - Misdemeanor - ANSWER when, with intent to harass, annoy,
or alarm another person:
1. Repeatedly Annoys by Following
2. He or she engages in a course of conduct or repeatedly commits acts, which place
such person in reasonable fear of physical injury.
*KEY IS REPEATED*
Aggravated Harassment 2nd Degree - Misdemeanor - ANSWER 1. With intent to
harass another person, he or she communicates or causes a communication to be
initiated, anonymously or otherwise, by telephone, by computer or any other electronic
means, or by mail, or by transmitting or delivering any other form of communication,
that threatens to cause physical harm to a victim or someone from that victim's family
or household, or harm to the victim's property or the property of the victim's family or
household
2. Telephone - With intent to harass or threaten another person, he or she makes a
telephone call, whether or not a conversation ensures, with no purpose of legitimate
communication.
3. Physical Contact based on Discrimination - With intent to harass, annoy,
threaten or alarm another person, he or she strikes, shoves, kicks or otherwise
subjects any person to physical contact, or attempts or threatens to do the same
because of a belief
4. Physical Contact with Family Member - With intent to harass, annoy, threaten or
alarm another person, he or she strikes, shoves, kicks or otherwise subjects another
person to physical contact thereby causing physical injury to such person or to a family
or household member
5. Previous Conviction - He or she commits the crime of harassment 1st degree and
has been previously convicted of the crime of harassment 1st degree within the
previous ten years.
Aggravated Harassment 1st Degree - Felony - ANSWER intent to harass, annoy,
threaten or alarm another person because of a belief or perception regarding such
person's race, color, national origin, ancestry, gender, gender identity or expression,
religion, religious practice, age, disability, or sexual orientation, regardless of whether
such belief or perception is correct, he or she:
1. Damages premises primarily used for religious purposes and the damage to the
premises is over $50.00.
2. Commits aggravated harassment 2nd degree - misdemeanor (subdivision 3 based
on discrimination) and either:
-Has been previously convicted of aggravated harassment 2nd degree - misdemeanor
(subdivision 3 based on discrimination) at any time in the past; or
Verified 100% Correct
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.
Parent and Child- Parents may consent to search the home in which they permit their
child to live, except if the child is a legally emancipated minor
Host and a guest- a guest cannot consent to a search of a premise without authorization
,but may say no to a search if the host isn't present
Custody- If an owner gives another person full control of his property, that person can
consent to a search of the property in the same way the owner could.
Hotel Room- The police cannot use the consent from the management of the hotel to
search a guest's room. However, if hotel employees in the normal course of their duties
it will be admissible.
Search based on Consent - ANSWER search of a person or property conducted after a
person voluntarily permits police to do so
Must be done under no duress with no coercion
Emergency Exception - ANSWER Where an emergency exists and immediate police
action is needed to protect lives or property, police can search without a warrant.
1. Must be PC that an emergency exists
2. Search confined to the area that the emergency is believed to exis t
3. Purpose of the search is not cure the emergency not find evidence
Stop, Question, and Frisk - ANSWER A frisk is a protective measure. In order to
conduct a frisk, a police officer must reasonably suspect that the person stopped is
armed and dangerous. (Terry v. Ohio). The frisk must be strictly limited to a running of
the hands or pat-down of the outside of a person's clothing, feeling for weapons that
could harm the police officer or others nearby.
Hot Pursuit - ANSWER Where the police have established probable cause and are
chasing a suspect for the purpose of making an arrest. When these conditions exist,
the police may follow the suspect into any constitutionally protected area, i.e., the
suspect's home or a third party's residence. This is usually based upon an officer's
direct observation of the suspect's flight. An exception may occur when an officer
momentarily loses sight of the suspect and is informed by a third party of the suspect's
location.
Inventory Procedure - ANSWER It is an administrative procedure aimed at protecting
the prisoner's property from loss or damage while in police custody, while also ensuring
the City and the officer will be free from any civil claim. To that end, it is reasonable and
proper that an officer inspect all items that come into the officer's custody.
Since the reason for such inspection is not to obtain evidence of a crime, it is not
considered a search within the definition of the Fourth Amendment, and is governed by
different standards. This procedure must be used solely as a measure to safeguard
property and not as a means to search for evidence. However, if while conducting an
,inventory of personal property, the officer finds contraband or incriminating material, he
may seize it and commence criminal charges against the owner.
Cell Phone Search - ANSWER -Cannot be searched under SILA
- Need a warrant to search
Garbage Search - ANSWER police can go through trash and seize anything illegal as
long as the garbage is left outside of private property and been legally abandoned
Arrest Warrant Requirements - ANSWER -Date of issuance
-Name of issuing court
-Name of offense concerned
-Name of defendant or any name or description by which he can be
identified -Police officer(s) to whom addressed -Judge's endorsement.
Execution of Warrant - ANSWER A search warrant must be executed between 6:00
A.M. and 9:00 P.M., unless otherwise authorized by the court. It must be executed
within ten (10) calendar days after the date of issuance, including weekends and
holidays.
Desk Appearance Ticket (DAT) - ANSWER The NYPD issues Desk Appearance
Tickets (D.A.T.'s), in lieu of detention, for all violations, misdemeanors and class
Efelonies, when a person is eligible.
The "Room Presumption" - ANSWER Officers may arrest individuals for criminal
possession of a controlled substance pursuant to the "room presumption." The "room
presumption" provides that there is probable cause to arrest individuals found in a
premise that appears to be used primarily for the manufacture and/or sale of drugs.
Constructive Possession - ANSWER officers have probable cause to arrest anyone
who resides in a dwelling when:
- Contraband is discovered in plain view, and
- It reasonably appears that all residents of the dwelling exercised dominion and control
over the area where contraband was found.
Harassment 2nd Degree - Violation - ANSWER with intent to harass, annoy, or alarm
another person by:
-Physical Contact: strikes, shoves, kicks, or otherwise subjects any person to physical
contact, or attempts or threatens to do the same.
-Annoying by Following: follows a person in or about a public place.
-Annoying Conduct Generally: engages in a course of conduct or repeatedly commits
acts which alarm or seriously annoy other persons and which serve no legitimate
purpose.
, Harassment 1st Degree - Misdemeanor - ANSWER when, with intent to harass, annoy,
or alarm another person:
1. Repeatedly Annoys by Following
2. He or she engages in a course of conduct or repeatedly commits acts, which place
such person in reasonable fear of physical injury.
*KEY IS REPEATED*
Aggravated Harassment 2nd Degree - Misdemeanor - ANSWER 1. With intent to
harass another person, he or she communicates or causes a communication to be
initiated, anonymously or otherwise, by telephone, by computer or any other electronic
means, or by mail, or by transmitting or delivering any other form of communication,
that threatens to cause physical harm to a victim or someone from that victim's family
or household, or harm to the victim's property or the property of the victim's family or
household
2. Telephone - With intent to harass or threaten another person, he or she makes a
telephone call, whether or not a conversation ensures, with no purpose of legitimate
communication.
3. Physical Contact based on Discrimination - With intent to harass, annoy,
threaten or alarm another person, he or she strikes, shoves, kicks or otherwise
subjects any person to physical contact, or attempts or threatens to do the same
because of a belief
4. Physical Contact with Family Member - With intent to harass, annoy, threaten or
alarm another person, he or she strikes, shoves, kicks or otherwise subjects another
person to physical contact thereby causing physical injury to such person or to a family
or household member
5. Previous Conviction - He or she commits the crime of harassment 1st degree and
has been previously convicted of the crime of harassment 1st degree within the
previous ten years.
Aggravated Harassment 1st Degree - Felony - ANSWER intent to harass, annoy,
threaten or alarm another person because of a belief or perception regarding such
person's race, color, national origin, ancestry, gender, gender identity or expression,
religion, religious practice, age, disability, or sexual orientation, regardless of whether
such belief or perception is correct, he or she:
1. Damages premises primarily used for religious purposes and the damage to the
premises is over $50.00.
2. Commits aggravated harassment 2nd degree - misdemeanor (subdivision 3 based
on discrimination) and either:
-Has been previously convicted of aggravated harassment 2nd degree - misdemeanor
(subdivision 3 based on discrimination) at any time in the past; or
