Class 32 – 25 Simulated Exam #5 (Sgts)

A suspect takes a 2007 BMW by pushing the driver into the passenger seat and pulls away. He proceeds to an empty lot under a major highway in a secluded area and proceeds to rape the vehicle’s owner. He then flees the scene, leaving her in the back seat. Besides carjacking, which offense did the suspect commit?

Claire Johnson circulates a report of an impending catastrophe knowing the report is baseless. The report causes her office building to be evacuated. She may be charged with

The vice squad in your police department is making a raid at “Gene’s Club” where an illegal gambling operation is taking place. The investigating officer needs to complete an affidavit in order to get a search warrant. When describing those individuals who are legal gambling participants (individuals who receive personal gains for themselves) what word should he use to describe them?

Which of the following would constitute the need to have a motor vehicle accident report completed?

I.     Accident resulting in injury
II.    Accident resulting in death
III.  Accident resulting in damage to property of any one person in excess of $400

An off-duty police officer is home with his wife sleeping and he hears a crash downstairs in his residence. He goes downstairs with his gun drawn and sees a male standing next to his new stereo. The suspect is wearing a bulletproof vest. Having no other information available, what charge(s) could the male be charged with?

Don Robertson is a patrolman with the River Bay Police Dept. He does not like the newly installed police camera in his patrol car. He proceeds to disable the camera in the patrol vehicle while on duty. He may be charged with:

No person shall drive a vehicle across a sidewalk in excess of ___ mph.

Christine purposely sets Mark on fire and causes his death. Charge Christine with:

Mr. Spencer is enraged that Coach Stella has not put in his son into thehomecoming football game at the Bluefield High School stadium. Spencer proceeds to slap the coach in the head region in front of his son who is 15 ½ years old. Charge the defendant with

James Dressel, dressed in camouflage and wearing a bandana with the words, “AMERICA WAS NEVER GREAT” is observed videotaping a federal building within your jurisdiction. Several calls are made to police saying this man has appeared there over the past three days, always videotaping the building. Officer Zucker approaches the man and simply says “hello, can I talk to you a minute.” The man tells the officer “screw you too” and takes his video camera and smashes it over the officer’s head causing him to fall to the ground unconscious. A well-to-do citizen reports the incident to police and six officers respond in three units. While placing the suspect in a police car he strikes three officers and then runs up to Zucker, who is still unconscious on the ground, and kicks him in the groin. Five of the responding officers struggle with the man and receive minor scratches and one officer is punched in the face. You may charge this individual with:

A 17-year-old female is brought in for possession of OC spray (2 canisters). Which of the below is accurate concerning this issue?

I.    You must be 18 years old to possess OC spray
II.   The canister can only have ¾ oz. of liquid
III.  You may possess up to 12 canisters if packaged in original box
IV.   One must be certified to possess OC spray
V.    Violation of this statute constitute a fourth-degree crime

Gabe Maslow prints out a computer image of child pornography from an internet web site for personal observation. Charge him with:

Nancy works for Harry at a furniture store. One day Harry asked Nancy to prepare a bed at the store so he could take pictures of the bed to sell it online. As she began changing the bedding, he told her that the bed would look better with her laying on it naked. While saying this, he moved closer to Nancy, placed his left hand on her shoulder, put his right hand on her breast over her clothes, and tried to kiss her. Nancy pulled away from Harry, gathered her belongings, punched out her timecard and left the store. What could Harry be charged with?

Tony unlawfully enters a waste treatment facility. This is considered a:

Jeff pulls up to J.J., who is 11 years old, and begins a conversation. As the young girl walks up to his car she sees that Jeff has his pants open and his penis in his hand. He asked her if she would like “this” as he looks down at his penis. J.J. runs away and Jeff is ultimately arrested. What can Jeff be charged with?

Kathy Marciano has moved into the neighborhood from Florida. In Florida she was a beauty queen who has won numerous beauty pageants. Kenny Mossey has noticed his new neighbor and has daydreamed numerous times of marrying her. One day he positions himself in the bushes across the street from her residence and watches her swimming in her pool for over one hour. Kenny may be charged with:

Cliff is a gambler who has fallen on tough times. He comes up with a plan to rob a Braun armored car on Main Street. Cliff goes down to the local store and purchases a Richard Nixon mask and gloves to wear during his anticipated armored car robbery. During the week leading up to his anticipated robbery he conducts a surveillance of the armored car’s daily route. On the planned day, he packs his car up with his
supplies and heads toward the last armored car drop off point. Officer Downing stops Cliff for a motor vehicle violation and observes, in plain view, all of Cliff's materials. Cliff begins to cry and confesses that he was going to rob the armored car. Officer Downing should charge Cliff with

Terrorism is a crime of the 1st degree. Which of the below crimes are included within the terrorism statute?

I.    Burglary 2C:18-2
II.   Kidnapping 2C:13-1
III.  Racketeering 2C:41-1
IV.   Unlicensed Entry of Structures ( specifically research, power generation, public sewerage, water treatment or public water facilities; or nuclear electric generating plant; or facilities which store, generate, or handle any hazardous chemical or chemical compounds) 2C:18-3
V.    Carjacking 2C:15-2

Ed causes a substantial interruption that affects 12 homes of gas service using his computer. What could Ed be charged with?

Sam Jackson owns the Jackson Funeral home on Hawthorne Street. Stuart Sampson is a homeless man who passed away last Thursday and was cremated just yesterday. Since the deceased had no known next of kin, Sam drives down to the Wildwood shoreline and spreads Stuart's ashes into the Atlantic Ocean while saying a prayer. Beach patrol Officer Faldo stops Jackson in the act of disposing the ashes. The officer is thinking of charging him with Chapter 22 under Title 2C:, Desecration of Human Remains but is not so sure of the exact paragraph. Which of the below constitutes the crime in which Mr. Jackson may have committed?

Jimmy is unable to provide for his family. He photographs of his fourteen-year- old daughter engaged in sexual acts with her cousins at a party. He decides to scan the photographs and sell the digital images on the internet. Jimmy markets the items cleverly and makes a small fortune. Jimmy can be charged with:

No juvenile 11 years of age or under shall be placed in detention unless he is charged with an offense which, if committed by an adult, would be which of the following?

I.    1st degree crime
II.   2nd degree crime
III.  Motor Vehicle Theft
IV.   Arson

Officers are in the process of making an arrest and securing a crime scene. Jason Blum is recording them on his cell phone. Jason is standing in the middle of the crime scene which the officers are about to secure. Which of the below may the officers do?

I.    Perform an investigatory stop on Jason.
II.   Direct Jason to move from the crime scene to a position that will not interfere with their operations.
III.  Order Jason to stop recording.
IV.   Charge Jason with Obstructing Administration of Governmental Function (2C:29-1)

According to 39:4-50, first time offenders whose BAC is 0.08% or higher but less than 0.10% will lose their driver’s license for three months. If their BAC is 0.10% or higher, they will lose their license for:

A man calls the police and says he placed a cylindrical shaped container containing poisonous gas inside a building and the device is set to release the gas in an hour. Police arrive at the scene and evacuate the 28 residents of the building and the device is neutralized. If the man is caught, what can he be charged with?

Two men set a garbage can on fire and hide behind a building. While firefighters are exterminating the small blaze the men point a laser at the firefighters and yell, “we’re gonna kill you!” The police arrive and arrest the men. What can they be charged with?

I.    Arson
II.   Terroristic Threats
III.  False Public Alarms
IV.   Aggravated Assault
V.    Reckless Endangerment

Capt. Connors is conducting training on juvenile informants. He correctly begins his presentation stating that juvenile informants should be used only when there is no practical alternative that will enable a law enforcement agency to end illegal activity that is endangering the community. Which of the below are accurate statements concerning juvenile informants?

I.     Under no circumstances shall a juvenile under the age of 14 be used as an informant.
II.    13-year-old Bobby cannot be used as an informant.
III.   In most circumstances, juveniles under the age of 16 should not be used as an informant.
IV.   These guidelines do not apply to the use of juvenile informants to attempt to purchase cigarettes from local retailers.

Consider the below scenarios. Which would qualify for an Amber Alert?

I.    A 14-year-old girl is seen by neighbors returning to her home after school. Her father arrives home several hours later and determines the girl is not home. There is no sign of foul play, and a check with neighbors reveals that no one saw the girl leave, nor did anyone see anything unusual or suspicious at the residence. The police are called, and further investigation reveals no information regarding the girl’s location.
II.   A 21-month-old child is playing in his own yard, while his mother attends to chores in and around the house. The mother does not see her son in the yard. She then notices an unfamiliar vehicle parked near her driveway. As the mother exits the house the vehicle pulls away, and the child is not found. The police respond and conduct and area search but cannot locate the child.
III.  Two children, ages 3 and 5, are picked up by their father for weekend visitation. He is under court order to return the children to their mother at the end of the weekend but fails to appear. The mother calls police and they obtain information that the father is preparing to flee the country with the children. There is no history of inappropriate behavior by the father, and no indication that the children are in any danger.
IV.   The father of a 4-year-old girl arrives at her home in violation of an order of protection. He is highly intoxicated and removes the girl from the home in spite of the babysitter’s protests. He has been physically abusive to the child in the past, is despondent over his pending divorce, and makes comments to the sitter that if he cannot have custody of his child, no one will. He puts the child in his car and leaves at a high rate of speed.

Doug is 15 years old; Jane is 17 years old. Doug and Jane are dating. Doug has a child with Betty, who is 16 years old. Jane is thinking about joining the Marines. Which of the below statements is most accurate concerning Doug, Jane, and Betty under the Domestic Violence Protection Act?

Bias incidents are very serious in nature and must be handled according to the Attorney General Guidelines pertaining to Bias Incidents. At roll call, Officer Jeter asks you when the Bias Crimes Unit at the DCJ must be immediately notified. You would correctly answer:

I.    “a biased incident has resulted in a simple assault”
II.   “the incident has the potential for large scale unrest”
III.  “a bias incident involves sexual assault”
IV.   “an offender is a 20-year veteran of the department”

You are at the police desk and answer the phone. Sgt. Juno of the East Hanover Police Department (Morris County) tells you that Officer Minch of your department (Bergen County) has been arrested for domestic violence and his weapons have been seized. Which of the below is your next step?

No undercover school operation may be conducted that entails the placement of an undercover officer as a certified member of the school community without prior written approval of the:

Officer Salla comes into an in-service training seminar and announces to over 20 officers that he just found out that Officer Thompson has been chosen for a random drug test. Which of the below is Officer Salla subject to, specifically, according to the Drug Screening guideline?

I.    Monetary fine
II.   Discipline
III.  Transfer
IV.   Immediate suspension

Who has the responsibility of dealing with officers who fail to qualify and ultimately take action against these officers who fail to qualify?

I.    The County Prosecutor
II.   The Chief
III.  The Police Training Commission
IV.   The Attorney General
V.    The Range Master

Which of the below offenses is not one listed as a domestic violence offense?

Mike, a 10th grade student was suspected of being under the influence of drugs he told Assistant Principal Hasty he bought from an 18-year-old senior, Brad. Mike said he ingested a “green pill.” Hasty met with Brad and searched his pockets. The search uncovered three white capsules in his pants pocket, but no green pills. Hasty then searched Brad’s locker but discovered no pills. Brad had permission to drive to school and park his car in the school lot. Hasty searched the passenger compartment and retrieved a liquid-filled syringe, a bottle of pills, a bag of suspected marijuana, a bag containing a white powdery substance, and some paraphernalia. Hasty contacted the school resource officer to advise him of the situation. The officer took control of the items removed from Brad’s car and charged Brad with various drug-related offenses. Which of the below statements is true regarding this scenario?

Following up on an anonymous tip of Hank selling cocaine, officers responded to a motel room, knocked on the door and identified themselves. In response, one of the occupants pulled back the drapes to the window and the officers, from the vantage point of the hallway, could see a plastic bag containing a white powdery substance on top of a microwave oven. Recognizing the substance as cocaine, the officers entered the room, seized the bag, and arrested the occupants. Was the officers’ entry into the motel room lawful?

Officer Jones secures certain property that must be placed into the control of the property officer. All of the below are correct procedures to follow except:

For each stationhouse adjustment the quarterly report shall contain all of the below except:

Sergeant Romano of the Internal Affairs Division is investigating possible criminal activity in which Officer Blart was involved in. The sergeant needs to get certain information from Officer Blart and calls him into his office. When notified of the investigation Officer Blart invokes his right to remain silent. What should Sergeant Romano do next?

Donkey Donuts is giving away free 22 oz. mugs with the purchase of a large coffee. Sam Gules orders a mug of coffee and begins to drink it as he walks away from the counter. The coffee is bitter and tastes “burnt.” Sam goes back to the cashier and demands his money back. The cashier tells Sam he has to fill out a form and Sam becomes infuriated and hits the cashier with the mug, breaking her nose. Which of the below can Sam be charged with?

The State Toxicology Laboratory has reported that Officer Custard’s urine specimen tested positive for cocaine. Which of the below statement is true regarding the officer?

I.    The officer shall be reported by his or her employer to the Central Drug Registry maintained by the Division of State Police
II.   The officer shall be immediately suspended from all duties
III.  The officer shall be terminated from employment as a law enforcement officer, upon final disciplinary action
IV.   The applicant shall be precluded from consideration for future law enforcement employment by any law enforcement agency in New Jersey for a period of two years.

All individual packages of medical marijuana dispensed by an Alternate Treatment Center must bear a firmly affixed label that contains specific information including:

I.    qualifying patient’s name, date of birth and home address
II.   THC level and whether the product is designated as low, medium, or high strength strain
III.  name and address of the Alternate Treatment Center
IV.   quantity of the medical marijuana contained within the package
V.    date of dispensing to the qualifying patient or primary caregiver

Automated License Plate Reader (ALPR) stored data shall be retained for a minimum period of __ years.

Any agency receiving a subpoena or court order for the disclosure of ALPR data shall, before complying with the subpoena or court order, provide notice to:

Harry calls the police when his friend, Tommy, begins seizing after snorting cocaine. He tells the dispatcher that he is afraid because he ingested cocaine from the same batch. When police arrive, Harry is still tending to Tommy. In plain view, one officer sees cocaine on the coffee table and another officer seizes, also found in plain view, a sawed-off shotgun from the couch. What can Harry and Tommy be charged with?

What age is considered a “child” under the N.J. Attorney General’s Statewide Handle with Care directive?

As per the Attorney General’s Guidelines on Domestic Violence Procedures Manual; Selected Provisions, the Anytown Police Department’s SOP delineate those domestic violence incidents in which the arrest of the actor is mandatory. Those are:

I.    A victim is displaying signs of injury
II.   A victim informs the officer of a restraining order however the officer cannot immediately verify same
III.  A warrant is in effect for the suspect
IV.   There is reasonable suspicion that a weapon was involved in the act of domestic violence

Who must complete a report for the reason(s) a strip search of an arrestee is conducted?

Mary has a final restraining order against her soon-to-be-ex-husband, David. While Mary is at work, David burns half the marital home down and calls her up saying, “I burned my half of the house down.” Mary calls the police, and they respond to the fire call. Upon their arrival, Mike is sitting in his car, watching the inferno. Mike then speeds away with officers in pursuit. What was the justification for the officers to pursue Mike?

Questions # 51 through # 53 pertain to the below scenario
You are Sgt. Vega of the Union City Police Department in Hudson County. Officer Maria Rivera lives in your town but is a police officer for the Fort Lee Police Department in Bergen County. One night, Maria becomes involved in a heated argument with her husband Raul during which she assaults him about the head and body with her ASP. Officers DePlasma and Aquos respond and, because Raul is bleeding heavily from the mouth and has welts all over his arms, arrest Maria pursuant to the Domestic Violence guidelines for mandatory arrests. The officers properly secure Maria’s department issued Glock and her off-duty Sig Sauer.

What notification must be made first?

According to the N.J. Attorney General’s Directive implementing Procedures for the Seizure of Weapons from Municipal and County Law Enforcement Officers Involved in Domestic Violence Incidents, what must Maria do at this time?

What is the proper disposition of Maria’s weapons which have been seized?

Joe’s Pawn Shop buys second-hand jewelry to resell. Which of the below is required from the business?

A group of friends, ages 18 to 22, learn that a Hispanic family is moving into their neighborhood which consists primarily of white families. On the evening of the day the family moves in, the friends dress in black with black ski masks, approach the family’s front yard and yell out “Your kind is not welcome here – move out or else!” The male occupant of the home exits and catches one of the friends and holds him until police arrive. As it turns out the male occupant is Mr. Henry Smith, and he explains to the police that the Rodriguez’ deal with the realtor fell through and he bought the house at a discounted price for cash. He tells the police he was not offended by the racial slurs made by the group. What could the friends be charged with?

Jimmy voluntarily surrendered some cocaine to Principal Burns at Emerson High School and tells him he wishes to “go straight.” The school has a School Resource Officer, Officer Jones. Which of the below is incorrect regarding this scenario?

Eddie shoplifts a bottle of Jack Daniels from Harry’s House of Liquors. Harry sees Eddie hide the bottle under his coat and immediately locks the front door locking Eddie in. Eddie produces a gun and tells Harry “Let me out or I’ll kill you”. Harry notices that the gun appears (and later turns out) to be fake and informs Eddie of this. Eddie drops the gun, runs to the back of the store, curls up into a fetal position and begins to cry. What would Eddie be charged with?

Considering the facts in the previous question, what else can Eddie be charged with?

I.    Possession of a Weapon for Unlawful Purpose (Imitation Firearm)
II.   Unlawful Possession of a Weapon
III.  Shoplifting
IV.   Terroristic Threats

What factors are included in determining if someone is a high-risk missing person?

I.    The person is missing for more than 30 days
II.   The person missing does not have a pattern of running away or disappearing
III.  The person missing is over 13 years of age and under 18 years of age and any other risk factor is known
IV.   The person missing is mentally impaired
V.    The person missing may have been abducted by a non-custodial parent.
VI.   The person missing has been the subject of past threats or acts of violence.

Identification evidence is often crucial in identifying perpetrators and exonerating the innocent. However, recent cases, in which DNA evidence has been utilized to exonerate individuals convicted almost exclusively on the basis of eyewitness identifications, demonstrate that this evidence is not fool proof. The N.J. Attorney General’s Guideline on Preparing and Conducting Out-Of-Court Eyewitness Identifications makes several recommendations regarding these lineup procedures. Which of the below is incorrect regarding photo lineups?

During the course of a sexual abuse investigation, an investigator telephoned John Nieder and asked if he would be willing to discuss allegations that Nieder’s uncle, Glenn Green, had sexually abused his 9-year-old grandniece. Nieder, then 28 years old, expressed his willingness to speak with the detective. The detective did not tell Nieder that his 9-year-old niece also implicated him in the sexual abuse.
As agreed, the next day, at approximately 10:30 a.m., Nieder was brought to the police department. Upon his arrival, he was given the Miranda warnings. He indicated that he understood the warnings, and signed a Miranda warning card, which contained in writing each of the rights read to him. Thereafter Nieder gave a formal taped statement regarding what he had witnessed. Afterwards, the detective advised Nieder that the victim had made several sexual accusations against him as well. At first, Nieder cried and had trouble speaking. He was not given the Miranda warnings a second time. Ultimately, Nieder confessed to sexually assaulting his 9-year-old niece and gave a second formal taped statement regarding the confession. What is the result of the confession?

Joe is 19 years old. Suzie is 13 years old, but she will be 14 in two weeks, and she is very mature both physically and mentally for her age. Suzie’s mom walks in on the two having sex. Suzie tells her mom that she consented to the sex. What could Joe be charged with?

When James was eight years old his twenty-year-old cousin, Mike, intentionally touched James’ penis, through his clothing, in front of a group of Mike’s friends while yelling “let’s see if this guy has what it takes for the ladies later in life!” James mentally blocked this out of his mind until it surfaced during counseling at the age of 16. According to New Jersey’s statute of limitation laws, which of the below statements is true if James wants to proceed with criminal charges against Mike?

Brian draws a swastika on the Kesselmann’s family car with a permanent marker. The Kesselmanns are Jewish. Brian gets caught on video by the Kesselmann’s security camera and now Abraham Kesselmann wants to sign a complaint. Once arrested, Brian readily admits he hates Jews and wanted to terrorize the family. What would Brian be charged with?

Roy is angry that airplanes fly over his house at all hours of the day and night. One day he calls the control tower and tells them that if they don’t change the flight patterns, he will bomb the airport. What do you charge Roy with?

Several officers responded to Michelle’s home in reference to a report that her current husband, Earl had sexually assaulted her daughter Melissa, age 15, on multiple occasions, with the most recent assault occurring two days earlier. The allegations included vaginal intercourse and fellatio, which Melissa contended had been occurring with Earl since she was age eight or nine. Michelle advised them that she had been unaware of the sexual assaults until her daughter had reported them to her earlier that day. The officers also learned that Michelle had given birth to Melissa with her first husband, Jack. Earl was arrested and charged with aggravated sexual assault upon his stepdaughter. On behalf of her daughter, Michelle sought a Domestic Violence restraining order against Earl. Was this a proper request?

It is Saturday evening and at 11:45 p.m., fifteen minutes prior to the change of shifts, Mrs. Francis Hamm calls the police desk and speaks to Lt. Gregs. She wishes to make a demeanor complaint against an officer, Officer Centnik, states she does not wish to come into HQ and demands a superior come to her house as she will not speak on a “taped line”. Officer Centnik and his immediate supervisor are currently at roll-call and should be at the desk area in approx. 10 minutes. Internal Affairs personnel are not available. The lieutenant’s shift ends in fifteen minutes. What is the best course of action for him to take at this time?

Which of the below statements is accurate with reference to the Attorney General’s directive on Interaction with Transgender Individuals?

Which of the below is not a listed “traumatic event” in the N.J. Attorney General’s Statewide Handle with Care directive?

Joe Brock picks up his 8-year-old son, Eric, from home for one of his visitation weekends (as outlined in his divorce agreement). Eric is suffering from Muscular Dystrophy and his mother has stopped all modern medication as she as converted to a religion which does not believe in it. At the end of his visitation weekend, Joe calls his ex-wife, Martha, and threatens to run away with Eric unless she agrees to continue treatments for Eric. She refuses however the next day calls Joe and agrees. Joe returns Eric on the third day. What could Joe be charged with?

Detective Jones is investigating a sexual assault where Gina Restro is the victim? The detective is having doubts as to whether the crime even happened and wishes to have Gina submit to a polygraph examination prior to continuing his investigation. Which of the below statements is true regarding this scenario?

Officer Jones is equipped with Narcan and utilizes same to assist an overdose victim and later completes his department’s Naloxone Deployment Reporting Form. The form is eventually forwarded to the county Narcan coordinator. The Narcan coordinator shall report all deployments of Narcan to ______ within 24 hours.

Joe Green agreed to submit to a polygraph test during a missing persons investigation of his parents where police suspected that Joe killed them. A sergeant read Joe his Miranda rights. During the polygraph examination, Joe denied knowing the victims’ whereabouts. After scoring the polygraph test, the sergeant told Joe that, “no doubt you know exactly where your mother and father are right now.” By that that time, some of Joe’s family members were at the police station. During the video
recorded interview that followed, and in response to the sergeant’s questions implying that Joe knew where his parents were, Joe asked to speak with his uncle six times as he considered his uncle better than an attorney. When Joe asked a seventh time, the sergeant agreed to permit him to speak to his uncle. The sergeant told Joe’s uncle that Joe had failed the polygraph test, that he knew where his parents were, and that although Joe requested that the camera be turned off, the camera would actually be left on. Joe’s uncle agreed to help with the investigation. The sergeant then returned to the interview room and told Joe that he would shut off the camera. He also stated that Joe’s uncle was aware of the results of the polygraph exam, and knew Joe was
responsible for his parent’s disappearance. During the conversation with his uncle, Joe admitted that he knew where his parent’s bodies were buried. After taking a break and receiving Miranda warnings for a second time, Joe admitted to detectives that he and his father had a fight and that he had strangled his parents and buried them in the woods behind a park. Which of the below statements is true regarding this scenario?

The NJ Supreme Court instructed that an officer’s promise of leniency is properly viewed as one additional factor to be considered in light of the totality of the circumstances. A court may conclude that a defendant’s confession was involuntary if interrogating officers extended a promise so enticing as to induce that confession. When deciding whether a promise of leniency may have overborne a defendant’s will courts will consider the circumstances surrounding the promise. Factors relevant to that analysis include:

I.    The context in which the promise was made
II.   The nature of the promise
III.  The characteristics of the defendant
IV.   Whether the defendant was informed of his rights
V.    Whether counsel was present

Considering the previous question, how many factors would need to be present for a court to conclude that a confession was involuntary?