Class 37- 24 Simulated Exam #6 (Capts/Lts)

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?

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?

Which of the below statements is true regarding processing juveniles detained at the police station?

Which of the below situations would there be a presumption in favor of a Stationhouse Adjustment?

I.   The juvenile has no prior history of juvenile adjudications or stationhouse adjustments
II.  The juvenile’s conduct constituted an ordinance violation, a petty disorderly persons offense, a disorderly persons offense, or a fourth-degree crime
III. The juvenile’s conduct did not constitute an act of bias, sexual misconduct, or violence
IV.  The juveniles conduct did not involve controlled dangerous substances (CDS) or CDS paraphernalia
V.   The juveniles conduct did not involve a firearm or other dangerous weapon

A law enforcement agency shall apply for a complaint-warrant, unless an Assistant Prosecutor or a Designated Supervisory Officer determines that the presumption of charging by complaint-warrant is overcome, in cases where the present offense was committed under certain circumstance, one of which being when the juvenile was recently adjudicated for an offense involving a firearm or a first- or second-degree offense. The term “recently adjudicated” means within the past:

Motorcycle Officer Guerra detained Sammy, a 16-year-old, at 2:05 a.m. believing Sammy left home without permission. The patrol car to transport Sammy to headquarters arrived at 2:18 a.m. Sammy was brought into headquarters at 2:22 a.m. What is the latest time Sammy can be detained under this short-term custody situation?

Which of the below officers shall be required to wear a Body Worn Camera (BWC)?

I.    Officer Jones, an officer assigned to a canine unit
II.   Officer Buster, a canine patrol dog
III.  Officer Hamm, an officer assigned to front desk duties
IV.   Officer Glass, an officer assigned as a School Resource Officer
V.     Officer Young, a Class II Special LEO assigned to the Traffic Division
VI.   Officer Ingram, a Class III Special LEO assigned to Public School #3 Graduation Services

Detective Weirs is in the process of composing a photo array to show to Kevin Newman, a witness to a homicide. Kevin’s description of the perpetrator differs significantly from the appearance of the perpetrator; however, the detective is certain his investigation has led him to the right suspect. What should the detective do in this case?

What is necessary in order to access prescription drug information maintained in New Jersey’s Prescription Monitoring Program (PMP)?

According to 2A:4A-23 which of the below is not part of the definition of delinquency?

The target of a State narcotics investigation advised detectives that defendant, a law enforcement officer, had provided him with information about the investigation and advice to avoid criminal exposure. Thereafter, the State obtained an arrest warrant for defendant and search warrants for defendant’s iPhones, which were seized. Because the contents of the iPhones were inaccessible to investigators without the iPhones’ passcodes, the State moved for an order compelling defendant to disclose the passcodes. Which of the below statements is true regarding this procedure?

Andy, age 16, was brought to the police station in connection with a shooting. Andy was placed in a holding cell and his mother was allowed to speak to him from a room opposite the holding cell. An officer remained about 10 feet away and overheard Andy reveal an incriminating response to his mother’s questions. No Miranda warnings were given up to this point. Which of the below statements is false regarding this scenario?

Noel and Anthony traveled from Warwick, New York to Paterson, New Jersey to purchase heroin from Shameik. After the purchase, they returned to New York. That same night, Carlos contacted Noel and Anthony seeking to purchase heroin. Noel and Anthony sold Carlos a quantity of heroin that evening. The following day, Carlos again contacted Noel and Anthony, who later sold him more. Two days later, the Warwick police learned that Carlos had died from an overdose of heroin in his bedroom. Near his body, officers discovered bags of heroin labeled “Trap Queen,” which detectives were able to trace to heroin bags sold by Shameik to Noel and Anthony. Who may be charged with Strict Liability for Drug-Induced Death (2C:35-9)?

Which of the below are elements of a Juvenile-Family crisis?

I.   A serious threat to the well-being and physical safety of a juvenile
II.  A serious conflict between a parent or guardian and a juvenile regarding rules of conduct which has been manifested by repeated disregard for lawful parental authority by a juvenile or misuse of lawful parental authority by a parent or guardian
III. Unauthorized absence by a juvenile for more than 48 hours from his home
IV.  A pattern of repeated unauthorized absences from school by a juvenile subject to the compulsory education provision of Title 18A of the New Jersey Statutes
V.   An act which if committed by an adult would constitute prostitution in violation of N.J.S.2C:34-1 or any offense which the juvenile alleges is related to the juvenile being a victim of human trafficking

John transfers equipment for dog fighting to Jim.  John is guilty of:

Officer Jones stops an individual to investigate the report of a crime, however the individual runs away. Which of the below could he be charged with?

According to 9:6-8.14, any person who knowingly fails to report an act of sexual abuse against a child and who has reasonable cause to believe that the act has been committed is guilty of?

According to 2A:4A-34(f), a juvenile 11 years of age or under shall not be placed into detention unless he is charged with a crime of the first or second degree and:

Juvenile Detective Howard advises the local high school principal that one of his students is under investigation for a theft. Which of the below is incorrect according to 2A:4A-60E?

A juvenile charged with delinquency may be released at either the police or court level on his own recognizance if all of the following circumstances have been met. Which of the below statements is incorrect?

According to 2A:4A-32 Under no circumstances shall any juvenile taken into short-term custody under be held more than ____ hours.

Brian negligently starts a fire and damages property of another. What is the proper charge?

Questions #56 through #70 pertain to the text, Law Enforcement Management, What Works and What Doesn’t, by Michael Carpenter and Roger Fulton

Police commanders must act, when necessary, against minor transgressions by department personnel so that those personnel are put “on notice” that such conduct is not tolerated. Which of the below are the most important traits you can exhibit to help prevent controversy and corruption within your department.

I.    Integrity
II.   Honesty
III.  Fairness
IV.   Consistency

One of the most common problem areas in management training is failure to train managers in what subordinates are learning. Why would it be beneficial for managers to know the subjects their staff is training in, and the procedures they are trained to follow, and the full extent of their training?

Captain Grossman is speaking with newly promoted Sergeant Bilko. The captain is trying to make the sergeant understand that the single greatest influence on morale is:

Lieutenant King has recently been transferred into the Detective Division. Captain Juno is discussing his expectations with the lieutenant.  When it comes to the issue of when problems arise, the captain makes the following statements (see below).  Which of the below statements is not true?

Chief Charleston is making recommendation for the promotion of police officers to the rank of sergeant. He knows that commanders would do well to ensure that those who will soon be promoted are given adequate basic supervisory skills training.  When is the best time for this training to occur to help prevent problems for the new supervisors and long-term problems for the Chief?

What is a surefire way to jeopardize officer and civilian lives, as well as possibly ending an officer’s or supervisor’s career?

The Anytown Police Department, when formed some 40 years ago, originally set high standards for its personnel. Over time these standards have eroded. This could be blamed on:

Your department has a policy where the Captain in charge of the station must approve the execution of all search warrants. You are Lieutenant Jones and are in charge of the unit wishing to execute a search warrant during your shift. Captain Michaels is at a wedding and your officers are frustrated and fear the destruction of important evidence if they don’t get approval in a short period of time. Which of the below statements is true?

You have been assigned to head the department’s Detective Division’s Night Shift. Prior to your first day of the assignment, Chief Johnson approaches you and tells you that he is not happy with the performance and results of the unit and expects you to make changes. You have set a meeting with all your personnel. What must you consider addressing at this meeting?

Captain Klint doesn’t often think about the loyalty of her subordinates. At some point she will think about it. This would most likely occur during ___________ when she will need the physical, moral, or emotional support of her people.

Lieutenant Ringo is finding it tough to manage his time. What can he do to become more efficient?

I.     Get organized
II.    Develop personal contacts
III.  Keep from getting bogged down in trivial matters
IV.   Make use of quiet times
V.     Limit visitors, phone calls, and e-mails

Lieutenant Davis is preparing to call Detective Lima into his office to address a mistake the Detective has made. Which of the following guidelines must the Lieutenant take?

Studies have shown that those individuals with the greatest chance of succeeding as supervisors assume the leadership role by:

Captain Welsh sets realistic goals and reasonable deadlines for her subordinates. She is also good at separating out the serious crises from the routine problems. Which of the below statements is true regarding the Captain’s actions?

Police managers who develop a pattern of lifelong learning about their trade and related subjects will:

I.    gain promotions
II.   gain respect from their peers, subordinates, and supervisors
III. find it easier to do their jobs
IV.  be trusted, as a commander, by their people and supervisors