Class 30 – 25 Simulated Exam #4 (Sgts)

Sammy and Danny are celebrating their recent election win in their union election. They begin to argue about politics at which point Sammy grabs a beer bottle and slams it across his friend’s face. Danny is rushed to the hospital. For four days, he suffers from ringing in the ears, on the fifth day the ringing subsides. The victim suffered:

Jim was arrested by Officer Waldo for a warrant out of Newark. Jim is HIV positive. While the officer is transporting Jim to police HQ, Jim tells the officer that when they exit the police car he is going to spit in the officer’s eyes and the officer will die of AIDS just like him. During the booking procedure, Jim grabs the officer, throws him to the ground and bites his arm causing ten puncture wounds which begin bleeding. Charge the suspect with:

Officer Baskets asks you how many hours prior to implementing a roadside checkpoint must the County Prosecutor be given a copy of the checkpoint's administrative plan. Your correct response will be:

Which of the below is an exception to the written warrant requirement?

Sea Bright Township wishes to implement a municipal ordinance that prohibits a person from knowingly loitering in any public place where C.D.S. is being distributed unlawfully. Which of the following is most accurate concerning this issue?

Sammy is arrest for D.W.I. While being processed he offers Officer Jackson $409 and a gold bracelet if the officer releases him without charging him. If the officer accepts the money and the jewelry, the officer may be charged with:

Jason is an informant who furnishes Jane with crack cocaine for resale to a law enforcement officer. Jason is working in concert with the police. Jane is a victim of:

Mr. Reagan brandished a 9mm Glock to protect his family from an intruder in his home. Mr. Reagan then discharges the weapon. What is this considered?

Raul had been drinking and was loitering outside of Mike’ house. Raul asked Mike why he had punched Greg in the eye. Mike responded that Greg was his uncle and that the family dispute was none of his business. Raul then asked Mike if he wanted to fight. Mike told him that he was drunk and should go home. Mike went inside his house, closed the front door, went into the kitchen, picked up a screwdriver, placed it in his pocket, and returned to the front door. He retrieved the screwdriver because he knew Raul wanted to fight and in case he had something in his pocket. Raul was still standing outside of Mike’s front door when Mike partially opened the door. Raul again asked Mike if he wanted to fight and then swung his radio at Mike, hitting the edge of the door. Mike opened the door and swung his fist at Raul. Raul grabbed Mike by the hair as Mike attempted to strike him. The two struggled for quite a while. Raul hit Mike a couple of times on top of the head. Mike tried to strike Raul with his fists but was unable to land any punches because Raul was holding his head down by the hair. Ultimately, Mike reached into his pocket, pulled out the screwdriver and stabbed Raul several times, inflicting fatal stab wounds to his heart and lung. Raul later stated to police that, "even after I stabbed him, he kept fighting me." Which of the below statements is true regarding this scenario?

What is the required mental state that must apply to all elements of Criminal Restraint, which also includes the risk of serious bodily injury?

Screwy Louie owns a "head shop.” Officer Davis has obtained information that Louie sells, in small paper bags, a glass tube (about the size of a cigarette) containing a small fake rose, a small piece of steel wool and a small screen. The officer confirms this with an informant of his, “Crackhead Casey,” who tells the officer that she buys these items from the “head shop” for convenience to make a “crack pipe”. She further tells the officer that Screwy Louie secretly tells crack users about the package and what they could do with it but sells only to those over 18 years of age. If Officer Davis obtains probable cause to charge Louie, what would be the most serious appropriate charge?

Officers stage inside Jackson Park which is across the street from Mike Hinders’ home. They have a no-knock warrant to search the apartment and the person of Mike Hinders. As two groups of officers approach the premises, the perimeter team sees Mike across the street from his apartment building and immediately moved to secure him while the search team forces its way into the apartment. Mike is arrested, handcuffed, and brought into the apartment. Inside officers find Mike’s wife in the kitchen and their five-year-old son hiding under a bed. During the search officers find cocaine and some other drug evidence, $7,000 in cash, and a .22 caliber revolver loaded with five hollow point bullets. What could you properly charge Mike with?

I.    Possession of a Firearm during a Drug Offense
II.   Possession of CDS with the Intent to Distribute
III. Wandering
IV.  Employing a Juvenile in a Drug Distribution Scheme
V.    Distribution of CDS within 500 feet of a Public Park

29-year-old Brian takes his fiancée’s daughter, 4-year-old Melissa on a trip to Jersey City to purchase heroin to feed his drug habit along with his fiancée’s. Brian obtains the drugs and injects some into his veins. Brian brought the child with him in because he figures if the police see him, they will not stop him due to the child in the car. Brian may be charged with:

Barbara is arrested for D.W.I. She is inside police headquarters being processed. She provides one breath sample in which she yields a .06% B.A.C. at that point she refuses to submit a second sample. In this situation you should:

Lydia buys an ounce of cocaine to split evenly among herself and her three friends. Lydia brings it home. She lives 600 feet from Public School #5. She calls her friends and they come to her home where they split the drugs equally among the four and pay Lydia for their share. Can Lydia be charged with 2C:35-7: Distribution On or Within School Property?

Albert is driving his car westbound on Route 80. He is stopped by Officer Franks for weaving. Albert is obviously intoxicated and admits to drinking at least 8 Margaritas at Jose’s Restaurant. In the backseat is Albert’s 13-year-old son, Albert Jr. Which of the below statements is true concerning this scenario regarding the charge(s) the officer may sign against Albert at this time?

I. Driving while intoxicated
II. Refusal to Give Samples of Breath
III. Driving Under the Influence with a Minor as a Passenger
IV. Endangering the Welfare of Children

Officer Danielle Rowland is the sex crimes detective of the Westview Police Department. At her yearly training seminar on sex crimes, she states that a "tender, years" Sexual Assault case has three elements. It is Sexual Contact with a certain victim under an age that is critical. A suspect who is at least four years older than the victim and the victim is less than years old.

Wally is standing nude in front of his large bay window at his residence. Incredibly, there are 10 children waiting at a school bus that can clearly see Wally through the window. All the children are currently in the 1st grade. Wally should be charged with:

Donna possesses some C.D.S. and proceeds to destroy all the CDS after noticing a police officer on patrol. She may be charged with:

Harold entered a convenience store while holding a hypodermic syringe in his hand. He motioned it toward the clerk, stating, “Give me all the money unless you want to get AIDS and if you look at anybody weird, like there is something going wrong, I’ll jump over the counter and kill you. Just start pushing buttons, and don’t call anyone.” What would Harold be charged with?

Ralph borrows his dad's Mercedes to "cop some coke and get high" with his friend, Mark. They purchase cocaine in Fort Lee and leave the area. At a traffic light, Frankie approaches the automobile on the passenger side. He starts yelling that he got ripped off in a prior drug deal. He said he wants the drugs the two men currently possessed. The men exit the vehicle to argue with Frankie. When they refused to turn over the drugs, Frankie pushes them to the side, gets into the vehicle, locks the doors, and drives away. Frankie keeps the car for two weeks and put different license plates on it. Frankie should be charged with:

Ed Brinkley, a newspaper reporter from The Daily Gazette is trying to get the scoop on an ongoing police scandal. He contacts Mrs. Pomona, sister of one of the officers involved in the scandal and identifies himself as the medical examiner from Morris County to attempt to obtain personal information from this individual. Charge Ed with:

Police lawfully arrest Anthony during which Anthony throws and breaks a 12-oz. bottle of cough syrup containing narcotics. He may be charged with:

Jan and Dean unlawfully take a 1998 Mercedes Benz. Charge them with:

I.   Theft
II.   Criminal attempt
III. Burglary
IV.  Criminal mischief

Mac just obtained a Temporary Restraining Order against Peggy. Peggy enters the residence, in violation of the order, to get her favorite slippers. Charge Peggy with:

I.   Burglary
II.  Theft
III. Theft from spouse
IV.  Contempt of Court

Mr. Tenille matches the description of a suspect wanted for a recent armed robbery and is ordered to stop by Officer Jensen. Mr. Tenille refuses to stop and the officer grabs him by the arm. While trying to conduct a pat-down search for weapons, Mr. Tenille continually turns his body around so that the officer could not check the area he intends. Mr. Tenille should be charged with:

A juvenile, ____ or older, charged with an offense that would be a crime if committed by an adult, shall be fingerprinted by the charging agency

Gerry and Vinnie are partying after learning that their company has surpassed the
$1,000,000 sales mark. As a little prize for themselves they "score" some cocaine and are traveling south on the parkway to go to Joey's Strip Club. Officer Dwyer notices their vehicle speeding. He activates his overhead lights and siren in an attempt to stop the vehicle. Vinnie dangles the bag of cocaine outside the car window, dissipating the
C.D.S. into the air onto the roadway. The officer can charge Vinnie with:

Two friends enter Wal-Mart each holding a lighter. They get some Lysol aerosol cans and light the spray on fire turning them into torches. In the magazine aisle, one of the magazines began to smoke after being hit by one of the flames. The two friends then run out of the store and the store burns down to the ground. Luckily, no one was hurt. What can the two friends be charged with?

Connor allowed his bookkeeper, Sal, to temporarily stay at his home until he can get on his feet. Twice Sal was peeping at Connor as Connor exited the shower. Connor threw Sal out. The total time Sal lived with Connor was seven months. Ten months later, Connor then found a hidden camera in his pickup truck and upon reviewing it, he found that Sal had been spying on him. Does Connor qualify as a victim of Domestic Violence?

Generally, the law prohibits photographing juveniles under the age of:

Brian and Mary Hoffman were married for seven years. Brian engaged in a course of conduct that led to the issuance of a final restraining order. The final order prohibited Brian from committing further acts of domestic violence, prohibited him from having contact with Mary and her three children from her prior marriage, barred him from the home, prohibited him from making harassing communications to Mary, her three children from the prior marriage, and her mother, and directed him to pay child support. Eventually Brian was committed to the county jail for violating the restraining order. While serving time, Brian mailed a package to Mary. The envelope contained a Notice of Motion to modify a support order that had been entered a year earlier as part of the couple’s divorce proceedings, a financial statement, and a torn-up copy of the support order. Two days later, Mary received, by certified mail, another torn-up copy of the same support order and the other documents that she had received two days earlier. Which of the below statements is true regarding this scenario?

Which of the below is not a mandatory in-service training topic for all law enforcement officers?

According to 2C:12-1.2, Endangering an Injured Victim, “physically helpless” includes which of the following?

I.    An intoxicated person
II.   A person unable to flee
III.  A person unable to appraise the situation
IV.   A person who is unconscious

Chester is a registered sex offender living in Warwick, New York. He will be moving to Sussex, New Jersey. Chester must notify the chief law enforcement officer of Sussex, or the State Police, his arrival in New Jersey?

As per The Property and Evidence Function, an audit should begin with:

All officers shall attend in-service vehicular pursuit training:

Which of the below statements is true regarding strip and body cavity searches?

Stefano is an off-duty police officer. He shoplifts from Target and gets arrested. Which of the below can he be charged with?

A structure may be any and structure also means any place adapted for overnight accommodations of persons, or for carrying on business therein.

I.    ship
II.   car
III.  airplane
IV.   motorcycle

Bill is a handgun enthusiast. He is with some friends and in the process of showing a gun he just purchased. While attempting to place the gun in its holster, he accidentally discharges the weapon. The round grazes Anna in the ankle causing a small abrasion. Bill should be charged with:

Most registered sex offenders must verify their addresses annually. Those sex offenders whose conduct was found to be repetitive and compulsive must verify their address with the appropriate law enforcement agency every _____ days.

Audits are essential to maintaining the integrity of the property function. When should there be a complete audit?

I.    At random times
II.   When there is a change of property officer
III.  When there is a change of unit supervisor
IV.   When there is a change of chief
V.    When there is an indication of a breach of integrity

Two officers have been assigned to transport prisoners to the county jail. They provide transportation three times per shift. Manny Pardini was arrested for 3rd degree aggravated assault. They suspect the prisoner may be hiding CDS from them. What level of suspicion is necessary to justify a lawful strip search?

All reports pertaining to strip searches or body cavity searches are not public records. These shall be made available, upon request only to the:

I.    person searched
II.   County prosecutor
III.  Attorney General
IV.   Division of Criminal Justice
V.    Commissioner of the Department of Corrections

Mr. Klein is exiting a cash checking establishment when Tyrone Taylor approached him. Taylor said he was from Zimbabwe and needed help because he was just evicted from his apartment. Mr. Klein offers to give Taylor a telephone number of an organization that assists foreigners. Taylor rejected the offer and asked Mr. Klein to accompany him to Jones Street to see a priest. Mr. Klein was then approached by James Smalls, who chided him on his unwillingness to help a foreigner. As Smalls spoke to Mr. Klein, Taylor circled behind Mr. Klein. At this point, Mr. Klein began to feel uncomfortable and sensed that Smalls and Taylor knew each other. Mr. Klein then felt a bump above his jacket. He thought it may have been Taylor, but he did not see him bump him. Taylor then told Smalls that they had to leave, and the two men walked away quickly. As soon as they left, Mr. Klein checked his jacket and noticed that his wallet, containing $35, was missing. He chased the men on foot, found them in a store, and confronted them. He grabbed them by the collar and demanded the return of his property. Shortly thereafter, an officer arrived and arrested both men. What is the appropriate charge?

According to the NJ Attorney General directive on Submission and Analysis of Information Relating to Seized and Recovered Firearms, certain information must be submitted to the below databases. Which of the below is that information required to be submitted as soon as practicable, but no later than twenty-four hours of the weapon and/or shell casing being recovered?

Tony has a wife, five children, one girlfriend and three businesses. Needless to say, Tony is under a lot of stress and is having a hard time making ends meet. He owns an eight-family row house in Montclair. In a scheme to make money, and collect on some insurance money, he sets the building on fire at 0700 hours. He comes to his senses and feels badly for the residents and begins to panic. He proceeds to scream for everyone to get out of the building and he carries out Mr. and Mrs. Jones to safety. Tony would be charged with:

Michael Peters, age 19, is not a student at Bloomfield High School and is arrested on school property. What is the proper procedure?

Melissa Tobia is 17 years old. Her 16-year-old boyfriend, Richard Miceli has struck her in the head with a brick, causing serious physical injury. You are the supervisor in charge. Which of the following statements is most correct concerning this situation?

The New York Mets have just defeated the New York Yankees in the World Series. At the Townhouse Café, Mike, Gene, Brian and Eric are celebrating by drinking hard liquor. After drinking for six hours, the friends exit the bar and proceed to smash windows, flip garbage cans and ring residential doorbells. They are throwing beer bottles at passing vehicles. Officers Bilkey and Adams respond to the area and the men pelt their patrol cruiser with bottles. The officers order the men to disperse and they refuse to. They are hollering at oncoming traffic, and not allowing vehicles to proceed through. The responding officers detain the guys and ask you what to charge the men with. You will advise them that the appropriate charge will be

In late August, at about 6 pm, a 13-year veteran of the Wildwood Police Department was on West Wildwood Ave. when he noticed Mike on a bicycle, who the officer recognized talking to Frank, who the officer also recognized as a known drug dealer. The officer observed Mike and Frank make some type of hand-to-hand exchange. The officer concluded, considering his training and experience, that he had witnessed a drug transaction. After the exchange, Mike and Frank left the area, heading in separate directions. The officer called for backup to stop Frank, while he stopped Mike. As he approached Mike, the officer noticed that he had a blue plastic baggie in his hand which he placed in his mouth, chewed and swallowed. The officer could see white residue in Mike’s mouth because he was biting at the baggie trying to chew the bag to swallow the CDS. The officer then grabbed Mike about the neck to prevent him from swallowing the evidence. The officer informed Mike that he was under arrest. As the officer prepared to place the handcuffs on him, Mike began to swing his arms and refused to be handcuffed. After a struggle and the intervention of a backup officer, Mike was subdued and placed into custody.
What could the officer charge Mike with?

Officer Urbano is a very nervous individual. He has great difficulty in qualifying with his service weapon. He has failed to qualify after numerous attempts. Range Master Falco, the supervising firearms instructor, shall:

Officer Canton is running radar on the Palisade Interstate highway. Incredibly, a vehicle is clocked at 122 mph in a 65-mph zone. The officer attempts to catch up to the vehicle. It is learned that the vehicle is a 2007 Ferrari capable of a top speed of 189 mph. The officer’s vehicle cannot perform anywhere near the capabilities of the sports car. What should the officer do?

Officer Bowa stops a vehicle driven by Gina Lolita, a 22-year-old exotic dancer. As Bowa approaches her vehicle, he notices her beauty. Gina proceeds to offer the officer various sexual favors so that he will not issue a speeding summons. After thinking about it, the officer agrees. What could the officer be charged with?

I.    Prostitution
II.   Bribery
III.  Sexual Assault
IV.   Official Misconduct
V.    Tampering with Evidence

You are working the midnight shift. At 0439 hours, you overhear Officers Spencer and Thompson responding to Sam’s Smoke Shop, on an alarm call. You decide to take a ride to the call. You pull up to the scene with your lights out. You observe the officers loading cases of cigars into the trunks of their patrol vehicles. You confront the officers and Officer Thompson breaks down and starts crying. He states that he was going to sell the goods in hopes to raise money for his severely mentally ill child’s medical bills. He proceeds to show you a picture of the child while openly sobbing. He apologizes and states he will put everything back. What is the appropriate action you should take now?

Corporal Martin is conducting a seminar on drug enforcement. He is conducting the seminar at the local middle school. He proceeds to speak about school zone maps and states that these maps are to be redrawn and amended by the:

Chief Gooden is a corrupt police chief. The council, mayor, and local store owners want extra protection in the downtown area. Fed up with the situation, the Chief drives down to the local stores and explains to the store owners that they will need to pay him and his son, a police sergeant, for extra police protection. Sal, the barber, complains and states he cannot afford the $500 monthly fee. The chief tells Sal that the health department will close his barber shop down if he doesn’t pay. What could the chief be charged with?

I.    Wrongful Impersonation
II.   Official Misconduct
III.  Fraud
IV.   Obstructing the Administration of Law
V.    Theft by Extortion

The New Jersey DNA Database and Databank Act requires that every person convicted or found not guilty by reason of insanity of a crime shall have a blood sample drawn or other biological sample submitted for the purpose of DNA testing. DNA databanks are an important tool in criminal investigations and in deterring and detecting recidivist acts. The DNA test results are to be used for the following purposes:

I.    For development of a population database
II.   To support identification research and protocol development of forensic DNA analysis methods
III.  For research, administrative and quality control purposes
IV.   For criminal defense purposes, on behalf of a defendant, who shall have access to relevant samples and analyses performed in connection with the case in which the defendant is charged

Following an argument Christopher had with his downstairs neighbor, Jim, about noise, Christopher broke a small outdoor table belonging to Jim. Sometime thereafter, Jim knocked on Christopher’s front door. Fearing reprisal for the damage to the table, Christopher answered the door with a machete in his hand. Christopher never raised the machete at Jim and never exited his apartment with it. Rather, he held the machete down behind his leg so as not to scare Jim. Jim called the police. What can Christopher be charged with?

You backup Officer Schmidt in a dimly lit parking garage in response to a report that an unidentified man is attempting to steal a car. You and Schmidt get out of your cars and walk slowly and cautiously inside the parking garage looking for a possible car thief. You and Schmidt have your firearms drawn. You see that there are several people in the parking garage, walking to and from some of the parked cars. Suddenly, a car with no headlights on accelerates and pulls quickly out of a dimly lit parking stall toward you and your partner. The two of you are about 30 feet from the car, walking in the center of the lines of parked cars. You both jump safely out of the way of the speeding car, which continues past you toward the garage exit. Would you be authorized to use deadly force?

No handgun purchase permit or firearms purchaser identification card shall be issued to

I.    Doug, a habitual drunkard
II.   Sam, who was confined for a mental disorder but has satisfactory proof he is no longer suffering from his disability
III.  Danny, age 22, who as a juvenile was adjudicated delinquent for a disorderly persons offense involving harassment

Nicky is a car dealer that owns several dealerships on the eastern seaboard. He has been in business for 33 years. He usually purchases vehicles privately and then resells them. The prosecutor’s office is conducting a sting operation and they discover that 11 of the cars on Nicky’s property have their VIN numbers altered and have been reported stolen. Nicky should be charged with:

Jimmy is 12 years old, so is Mary. They have consensual sexual intercourse. What, if any, charges can be brought forth?

Henry is the class prankster. On “Senior Day”, he plans on having some fun to celebrate the end of the school year. During lunch, he places a cherry bomb in Joey Clinton’s locker. The cherry bomb explodes and starts a small fire. This results in the evacuation of over 1000 students. No one was injured and there was no damage. Charge Henry with:

Officers respond to a domestic call and secure a weapon for safekeeping. The victim requests a TRO and is denied. The County Prosecutor determines not to institute action to seize the weapon. The owner of the weapon is now at the police desk and asks you, “What’s going on with my weapon?” Your best response would be:

Donna Alessi was stopped by the police because an investigating detective believed she may have information regarding the improper acquisition of a personnel file by her former boyfriend, Phil Izzo, a Raritan Township construction official. During the stop, the detective questioned Alessi for about an hour. Alessi ultimately admitted that, at Izzo’s behest, she mailed the personnel file to the Township to get a certain Township construction employee “in trouble” with his superiors. Alessi explained how Izzo wanted to create the appearance that the employee committed official misconduct by stealing the personnel file to help with his whistleblower lawsuit, which named Izzo as a defendant. Which of the below statements is true regarding this scenario?

Regarding NJ Attorney General’s Directive 2011-2 on Contemporaneous Notes, the term “witness interview” means an interview of a witness done in the course of investigating

To assist law enforcement officers in confirming whether a suspected bias incident is actually motivated by bias, which of the following criteria shall be applied:

I.    The absence of any other apparent motive for the bias incident.
II.   Display of any bias symbols, words, graffiti or other types of evidence.
III.  A commonsense review of the facts and circumstances surrounding the incident.
IV.   How the suspect(s) feels about the incident.
V.    Prior history of similar incidents in the same area affecting the same victim group.

Several police officers, all part of a special task to apprehend fugitives, set out to execute an arrest warrant on a named fugitive who resided in a multi-unit apartment complex at 123 Main Street. The task force was a joint effort by federal, state, and local law enforcement officials. A state police detective was leading one team of officers; and another team was also in operation that evening. Each team had a list of primary targets—such as the fugitive to be arrested at 123 Main Street however if participating officers encountered non-primary targets—other fugitives with outstanding warrants, including parole violators—they too would be arrested. One of the names on the list of parole violators was Henry Islop. As the state police detective’s team approached 123 Main Street, the detective observed two unknown individuals, Islop and Nelson Mann, exit from the common entrance of the building and walk in different directions. The detective stopped Islop, and other detectives stopped Mann. At the time, the detective had the name and description of the person identified in the arrest warrant, but the only features that he could say that Islop shared in common with the targeted fugitive were that both were black, and both were men. The detective’s purpose in detaining Islop and Mann was to determine whether either one was the fugitive he sought. In response to the detective’s request for his name, Islop would not answer. A few moments later, members of the second team, which included a parole officer, arrived on the scene. These officers identified Islop as one who was wanted on a parole warrant. Islop was then arrested and a search incident to arrest uncovered two bricks of heroin.
Which of the below statements is true regarding this scenario?