Corrections PEACE OFFICER review

Arrest

An ______ is taking into custody of an individual(s) for the purpose of filing a legal complaint for acts committed the individual(s) for violations of the law

140.25

Article and section __________ of criminal procedure law; pertains to peace officers making arrests without a warrant

Arrest, Miranda warning, the right to an attorney

What are the first three elements of the arrest procedure?

B,A,D,C

List the arrest procedures in proper order
A) writing reports and transporting the arrestee
B) arrest, Miranda warning and interrogation
C) D.A. Conference and the accusatory instrument
D)docket number and arraignment

True

An off-duty NYC Corrections officer can utilize his peace officer authority in making an arrest Even if he DID NOT witness a felony committed in NYC
TRUE or False

Westchester

All counties are a part of New York City except?
Kings
Queens
Westchester
Bronx
Richmond
New York

48

After making and off-duty arrest, a correctional officer has _____ hours to submit a written report of the incident that resulted in the arrest.

Sworn statement

The accusatory instrument is a _______ __________.

C

New York State peace officer must do the following upon making an off duty arrest, except:
A) inform the arrestee of his authority
B) perform all recording with unnecessary delay
C) transport arrestee to the precinct in personal vehicle
D) meet with the a

False

Peace officers employed New York City have the power to execute search warrants
TRUE or FALSE

Firearms

Peace officers have the power to possess and take custody of __________of owned by the peace officer for the purpose of safeguarding or disposing of such.

True

John, an NY state correction officer witnesses a misdemeanor being committed walking home from work, in Westchester John can arrest the person for the violation of the law
TRUE or FALSE

Container

In order to preserve evidence it should always be stored in a__________.

Probable/reasonable

An officers own observation of a crime establishes ____________ cause for an arrest.

False

A warrant is needed for a peace officer to enter an occupied house that is on fire in order to save lives.
TRUE or FALSE

Knife

A ______ is a tangible object and an example of real evidence

Accusatory instrument

A document in which an accusation of a crime is written is an?

16

The minimum number of persons for a grand jury consist of ____ people.

Evidence

The function of a grand jury is to here and examine _________

Neglicence

The breach of duty to act unreasonably towards another is defined as

TRUE

Assault is any willful attempt or threat to inflict injury upon the person when coupled with your parent present ability to display force
TRUE or FALSE

False arrest

The detention accomplished by means of an unlawful arrest

TRUE

General Municipal Law 50 - K provides that New York City employees who properly perform their duties and are subsequently sued shall be entitled to representation.
TRUE or FALSE

TRUE

To prove a case in malicious prosecution the plaintiff must only show that he or she was charged with a crime
TRUE or FALSE

Preliminary investigation

The initial investigation conducted by the first officer at the scene is called?

True

It is the duty of the officer conducting the preliminary investigation to cordon off the crime scene
TRUE or FALSE

Locate,identify,preserve

The purpose of a crime scene search is to ________,___________ and __________ physical evidence

True

The "Miranda warning" came about as a result of a court case entitled Miranda v. Arizona

Eyewitness

A person who was present and personally observed an incident is an_________.

True

One objective of an interview is to get a confession
TRUE or FALSE

Interrogation

_____________ is Defined as an art whereby through the use of questioning and observation the truth is elicited from a suspect without the use of threats or promises

True

When gathering evidence an instrument or gloves should be used.
TRUE or FALSE

Direct examination

________ ___________Is a form of examination an officer on the witness stand may be confronted with while testifying in court

False

Court testimony and demeanor are two of several factors that do not determined the peace officers overall ability
TRUE or FALSE

True

Before reporting to court in office you should go over all of his/her notes records and reports
TRUE or FALSE

False

An officer should always discuss the case with the defendant or the defendants attorney
TRUE OR FALSE

New York Supreme Court

The _____ ________ _________ is the highest court in New York state

False

The first appellate court in New York State is the New York State Court of Appeals
TRUE or FALSE

Federal Circuit

A person who loses in a US District Court has the right to appeal the case to a ________ _________ court

True

Bail hearings on felonies committed against New York State laws are usually conducted in a New York State criminal court
TRUE or FALSE

Common law

______ _______ is a law which is based on reasoning in common principles of a judge

False

Civil law is a wrong committed against society
TRUE or FALSE

Norms

_____ are the rules of behavior that we are expected to follow within a society

Folkways

______ are preferred customs or everyday habits

Procedual law

_______ _______ is written law that outlines how we should enforce the law

False

Mores are norms which aren't considered a essential to the continued existence of society
TRUE or FALSE

Case law

______ ______Clarifies and interprets existing laws

True

Correction law outlines the services,treatment and programs that correctional officials perform on a daily basis

True

The Baby M. case is an example of both case law and common-law

True

The sixth amendment guarantees access to legal representation

Fourth

The _____ amendment guarantees freedom from unreasonable search and seizures

First

The ____ amendment guarantees 5 basic rights

Fifth

The _____ amendment guarantees a ban on self incrimination

False

The right to a speedy trial is guaranteed by the 8th amendment
TRUE or FALSE

Fourteenth

The ____ amendment guarantees citizens the right of due process and equal protection of the law

False

The eighth amendment to the U.S. Constitution guarantees the right to bail
TRUE or FALSE

Ethics

______ is defined as being professionally right; conforming to professional standards of conduct

Unlawful gratuity

______ _______ means of something a gift or reward for doing your job

True

An inmate is caught with illegal drugs in his pocket. He stated to the officer who caught him "if you let me get away with it I'll pay you for looking the other way". The inmates conduct constitutes bribery
TRUE or FALSE

A

A motorist offers a traffic enforcement agent $50 cash to not write him a parking ticket. The agent says he needs to think about it for a moment. what crime if any has been committed?
A) The motor is has committed bribery
B) The agent has committed bribe

True

Receiving an unlawful gratuity can be described as "being paid twice for doing your job"
TRUE or FALSE

False

You see if Department of Corrections employee deliver contraband to an inmate. you have a duty to first report this to the deputy warden of security
TRUE or FALSE

Official misconduct

A police officer on foot patrol sees a car parked blocking a fire hydrant. He recognizes the car as belonging to his next-door neighbor. The officer chooses not to write his neighbor a ticket but to give his neighbor a verbal warning the next time he sees

Anyone

Justifiable physical force which would otherwise constitute an offense may be used by?

A

The peace officer arrest two men in the commission of first-degree burglary. One of the men turns to the other, accuses him of alerting the police and takes out a knife. As he is about to stab his partner an officer draws his gun and shoots him. The offic

C

As a peace officer you have the authority by law to use deadly physical force in which of the following situations
A) In burglary 1st� and 2nd�
B) In arson first,second and 3rd�
C) In escape 1st�
D) All of the above

265.20

article _______ of the Penal Law exempts a peace officer from the unlawful possession of a firearm or dangerous weapons

True

A peace officer may secure their personal protection firearm at their place of work
TRUE or FALSE

C

Which one of the following is not one of the five elements of a crime?
A) The legality
B)the actus-reus
C) criminal negligence
D) injury or result

Recklessly

And intoxicated driver who struck and killed a pedestrian acted ?

Affirmative

Duress, entrapment, renunciation and mental defect or all _________ defenses