1) An officer must inform a prisoner of authority and cause for the arrest, except when?

When the physical resistance or flight of the person being arrested makes it impractical — or when giving that information would itself create a danger. The information is then given as soon as it is practical to do so.

2) What is a field search?

A methodical external body examination conducted at the arrest location immediately after the subject is rear-cuffed, to find weapons, evidence, or contraband. It is more extensive than a frisk — the officer probes into pockets and removes items, not just pats the outer clothing.

3) Where must special attention be paid when conducting a frisk/field search?

The waistband, collar, armpit, and groin area.

4) True or False: Under no circumstances may an MOS of a different gender conduct a field search of a prisoner.

False. While it is preferable that an MOS of the same gender conduct the field search, when one is not immediately available, an MOS of any gender may conduct the field search of an arrestee.

5) What precautions prevent needle-stick injuries when searching prisoners?

Before searching, ask whether the person has sharp objects such as needles or razor blades; use barrier protection such as slash-resistant gloves; remain cautious even if they deny having sharps; advise them that lawful needle possession is not charged; and never attempt to remove or dislodge a needle from a syringe — use a Department needle/syringe keeper.

6) Describe frisking the lower body of a prisoner with a mobility disability who uses a wheelchair.

Rear-cuff the arrestee while they remain seated. Perform the lower-body frisk by sliding hands up each leg and under the buttocks with palms facing upward. For the device, slide hands palms-down over its accessible areas, and check the seat by sliding hands under the buttocks palms-down to cover the entire seat. Transport to an ADA-compliant precinct.

7) When arresting a caregiver in the presence of a child, what must UMOS comply with?

8) When a prisoner is rear-cuffed, where must their palms face?

Outward, and the cuffs must be double-locked.

9) True or False: It is optional to use a seat belt to secure a prisoner in the rear of an RMP.

False. The prisoner must be secured with a seat belt in the rear seat — it is mandatory, in addition to rear-cuffing/double-locking, engaging childproof and window locks, and monitoring the prisoner throughout transport.

10) Note the deficiencies in the Murphy/Brown scenario and prescribe the correct conduct.

11) Describe the security measures when transporting prisoners in an RMP.

Rear-cuff with palms out and double-lock; remove all items from the rear seat; seat the prisoner for recorder visibility (behind the operator when a partition exists; otherwise the recorder rides behind the operator and the prisoner sits rear-passenger side); seat-belt the prisoner; engage childproof locks on both rear doors and the rear window locks; keep the prisoner under observation at all times; and have both officers present at embark and disembark points.

12) What is a Prisoner Pedigree Card?

A card recording a prisoner's identifying (pedigree) information. Officers must examine the arrestee's personal effects to verify identity — a prisoner who misrepresents their name, date of birth, or address to prevent identification may be charged with False Personation (PEN 190.23).

13) What may arrestees be charged with for misrepresenting their name, DOB, or address to prevent identification?

False Personation (PEN 190.23).

14) Why is another search conducted at the stationhouse?

Because the facility search is more thorough than the field search and ensures the safety of everyone in the facility — it catches anything missed on the street and removes items (outer garments, etc.) before the prisoner is lodged, while handcuffs are still on.

15) Items lawfully carried but ______, ______, or ______ will be removed from the prisoner.

Dangerous to life; could facilitate escape; or could be used to harm self or others (e.g., to attempt suicide or to assault another).

16) Correct: "Religious head coverings must never be removed during the mandatory search for weapons/contraband."

Incorrect. A religious head covering must be temporarily removed when conducting the mandatory search for weapons/contraband, then returned to the prisoner afterward (except in limited safety circumstances). The removal and search are done in private, by a member of the same gender, after notifying the Desk Officer.

17) What is a strip search, and who approves it?

A search permitted only when the arresting officer reasonably suspects weapons, contraband, or evidence are concealed on the person or clothing in a way previous searches would not find. It is conducted by a member of the same gender in a secure, private area, and must be authorized/supervised by the Desk Officer or supervisor, who ensures it is done properly.

18) True or False: Strip searches should be performed in front of as many MOS as possible for transparency.

False. A strip search is conducted in utmost privacy, by a member of the same gender, in the presence of only those members reasonably necessary to conduct it.

19) When may UMOS conduct a cavity search of a prisoner?

Never. Under no circumstances shall any member of the service conduct a body-cavity search. If an object is visually detected within a body cavity during a strip search, notify the Desk Officer; the object will not be removed without a search warrant, and removal must then be done with the assistance of a medical professional.

20) What is the purpose of the Prisoner Holding Pen Roster?

To maintain a record of prisoners lodged in the holding pens, including the required 30-minute condition checks and remarks (such as issuance of menstrual hygiene products).

21) What is usually the maximum time a prisoner is held in a holding pen?

Usually three hours; any longer period must be approved by the Desk Officer and documented in the Command Log.

22) If a prisoner is a juvenile, where will they be taken for processing?

To a designated juvenile/youth processing area separate from adult prisoners — juveniles are not held with adult arrestees and are processed in accordance with the Department's juvenile arrest procedures.

23) You must notify relatives or friends if the prisoner is under ______, is ______, or is apparently ______.

Under 18 (a child/juvenile), is unconscious/incapacitated, or is apparently mentally incapable of caring for themselves.

24) What is Department policy on letting prisoners make phone calls?

Prisoners are generally allowed up to three monitored calls, with details noted on the arrest paperwork. Calls may be denied or terminated if they would compromise an investigation/prosecution, defeat the ends of justice, or create a dangerous condition. If the prisoner is incapacitated by drugs/alcohol, the officer makes the calls; appropriate auxiliary aids are provided for those with disabilities.

25) What procedure applies to a deaf or hard-of-hearing prisoner, and how is communication facilitated?

Comply with P.G. 212-104 ("Interaction with Persons Who Are Deaf or Hard of Hearing"). Provide appropriate auxiliary aids — a qualified sign-language interpreter or the Telecommunications Relay Service (dial 711) — to assist with calls and communication. A bilingual member or the Language Initiative Program is the preferred interpretation method, and all efforts are documented.

26) When must an officer notify a friend or relative of a person taken into custody?

When the prisoner is under 18, is unconscious or otherwise incapacitated, or is apparently mentally incapable of caring for themselves. A reasonable attempt to notify must be made and documented.

27) List the safety precautions while fingerprinting a prisoner.

28) When may property removed from a prisoner be given to a relative or friend?

Never. Any property removed from an individual must be invoiced and may not — regardless of value — be returned to a relative, friend, or witness. Arrest evidence may be returned only by the Property Clerk after the owner obtains a District Attorney's release.

29) Note the deficiencies in the Michelle/Officer Martinez scenario and prescribe the correct conduct.

Officer Martinez was wrong to hand the knife back at the precinct. The knife was invoiced as arrest evidence, and arrest evidence may only be returned by the Property Clerk Division after the owner obtains a release from the District Attorney — an officer cannot simply retrieve it from the property room and return it. The correct course is to inform Michelle of the procedure (obtain a DA release, then recover the property through the Property Clerk), and return her license to her.

30) True or False: Because officers relay arrest information to an ADA, there is no need to read the accusatory instrument before signing it.

False. Officers must carefully read the contents of the accusatory instrument drafted by the ADA for accuracy before signing it — they are swearing to its contents.

31) What is a Desk Appearance Ticket (DAT)?

An appearance ticket issued in lieu of detention for Class E felonies, misdemeanors, and violations, requiring the defendant to appear in court on a later date. The Desk Officer issues it based on the prisoner's eligibility (valid identification, no disqualifiers), and fingerprints must be approved before issuance.

32) When is a defendant disqualified from receiving a DAT?

When disqualifying factors exist — for example: the defendant is not properly identified; has an open warrant; has failed to appear in court in the last two years; or their physical/mental condition (including being intoxicated to the point of endangering self or others) indicates they would face immediate harm if released. Other categories relate to the nature of the charge and the interests of justice.

33) What is the Early Diversion Initiative Program?

A diversion program for eligible low-level arrestees (such as those charged with Criminal Possession of a Controlled Substance 7th degree in participating boroughs) in which the arresting officer notifies the District Attorney's Diversion Resource Coordinator, who dispatches a Peer Specialist — allowing eligible individuals to be diverted from traditional prosecution.

34) What are the eligibility requirements for Adult Project Reset?

35) What is "Discovery" as used in this chapter?

Any and all records generated by, or in the custody of, the Department related to a case — meaning all records you generate or possess in relation to an arrest are part of "discovery" for that case and must be turned over to prosecutors.

36) What is the Discovery Process?

The process (expanded by the 2020 CPL amendments) requiring members to provide prosecutors with all discoverable material immediately after an arrest — including DAT arrests — through Omniform, evidence.com, or another approved method, so prosecutors can meet their disclosure deadlines (generally 20 calendar days after arraignment if the defendant is held, or 35 days if not). Officers have a continuing duty to turn over newly created material.

37) Penalties for failing to turn over all discovery materials may include:

38) What does a Medical Treatment of Prisoner Form document?

It monitors and documents the medical (and psychiatric) treatment of a prisoner while in Department custody. Section I is completed by the arresting/escorting UMOS and reviewed/signed by a supervisor; Section II is completed by the attending physician or hospital staff and addresses any medical screening or treatment, including psychiatric care.

39) When is a Medical Treatment of Prisoner Form prepared?

For every prisoner who: receives medical or psychiatric treatment; refuses treatment after claiming injury/illness; is in apparent need of treatment; may require prescribed medication; volunteers a positive communicable-disease status (if not on the Prisoner Movement Slip); or already has previously treated injuries.

40) When an arrested individual at a scene is sick, injured, or needs psychiatric treatment, what should you do?

Request an ambulance and remove the prisoner to the hospital directly from the place of arrest; you or another officer must accompany them; make Digital Activity Log entries (including any Medical Alert Emblem notification and the ACR/PCR number); and notify the Desk Officer.

41) When a UMOS observes or suspects a prisoner has ingested a narcotic or other dangerous substance, what should they do?

Transport the prisoner directly to the nearest hospital — never to the command for processing first. Promptly notify the communications dispatcher and patrol supervisor upon suspecting ingestion, when transport begins, and on arrival; inform EMS and hospital staff of the type/quantity ingested if known.

42) What steps must an officer follow when a prisoner is admitted to a hospital?

43) Who is allowed to interview a hospitalized prisoner?

On official business: a ranking officer of the Department; a detective; the District Attorney or representative; the Chief Medical Examiner or representative; clergy (if requested by the prisoner); a parole or probation officer; hospital personnel assigned to treat the prisoner; a social worker; a federal law officer; and a supervising officer of another city department if the prisoner is that department's employee.

44) Which family members will be allowed to visit a hospitalized prisoner?

Immediate family — the prisoner's spouse, parents, children, and siblings — subject to the guarding officer's control and the supervisor's authorization, with all visits documented and the prisoner kept under observation.

Using the Jackie Smith fact pattern, complete a Medical Treatment of Prisoner Form on the provided blank PDF. Section I (arresting/escorting officer): enter the ICAD number (1234556789), prisoner pedigree (Jackie Smith, DOB 02/05/80, 520 West 125th Street, Apt. 1A, NY, NY 10027), arrest number (M12345678), charge (petit larceny), command of arrest (26th Precinct); indicate no force used and no property; check that the prisoner requested/required medical aid (severe stomach pains, vomiting); record transport to St. Luke's Roosevelt Hospital ER via ambulance with the escorting officer accompanying, the ACR number (123456) and EMS personnel (Michael Clark, Shield #543); enter nature of illness (stomach virus) and that the prisoner was examined, given medication and fluids, and not admitted, returning to the 26th Precinct about 2½ hours later. The Desk Officer (Lt. Sampson, Angela) reviews and signs; Section II is completed by hospital medical staff.

1) What are directed and random patrols? Give an example of each.

Directed patrol is conducted for a specific purpose — e.g., searching a building for a suspected criminal or a missing person. Random patrol is routine, non-specific patrol — e.g., a regular vertical patrol of a NYCHA building's common areas to deter and detect crime.

2) What must be done when conducting an interior patrol in a NYCHA building?

Before entering, notify the PSA/precinct by radio if VIPER cameras are present, activate your body-worn camera, transmit radio code 10-75I with the location, and make a Digital Activity Log entry of the time and address. Conduct a thorough vertical inspection — lobby, roof landing, rooftop, basement, hallways, stairwells, and elevators — typically working from the top floor down, while treating residents and guests courteously.

3) What does VIPER mean and stand for?

Video Interactive Patrol Enhanced Response — a camera-monitoring program whose unit personnel advise patrolling officers of conditions affecting their attention or safety in NYCHA buildings.

4) Using People v. DeBour, pick two positive "situations" and discuss (a) the toughest challenge each could present and (b) why. Defend your answer.

This is an open-response item. A strong answer selects two lawful, positive encounter situations (for example, a Level 1 request for information based on an objective credible reason, and a Level 2 common-law inquiry based on a founded suspicion that criminality is afoot). For each, the toughest challenge is staying within the authority that level permits — e.g., at Level 1, an individual may walk or even run away and the officer may not pursue, frisk, or detain; the challenge is resisting the urge to escalate. The reasoning rests on DeBour's principle that each escalation in intrusion must be matched by a corresponding increase in the officer's articulable knowledge, or any resulting evidence will be suppressed.

5) Using People v. DeBour, pick two negative "examples" and discuss (a) the toughest challenge each could present and (b) why. Defend your answer.

Open-response. A strong answer selects two examples of unlawful conduct (for example, frisking a person on a mere hunch without reasonable suspicion that they are armed and dangerous, or chasing and detaining someone who simply declined a Level 1 request for information). The toughest challenge is recognizing — in real time and under pressure — that the facts have not yet justified the action taken, because acting prematurely violates the encounter framework and leads to suppression, civil liability, and loss of community trust.

6) As a PSA officer doing random patrol in the NYCHA Webster Houses, you are told people are trapped in a stuck elevator with at least one complaint of difficulty breathing. What are your specific duties?

This is an occupied disabled elevator. Notify the radio dispatcher and request Housing Authority Emergency Service Department maintenance personnel (via the PSA switchboard) and, because there is a medical complaint (difficulty breathing), request NYPD Emergency Service Unit and an ambulance for immediate removal of passengers. Do not attempt to remove passengers yourself — only Housing Authority and/or NYPD ESU personnel trained in elevator extraction may do so. Reassure the occupants, remain on scene, and prepare a Field Report (and an Aided Report if needed) with passenger names/addresses and responding ESU personnel.

7) What is a FIELD REPORT and in what situations will an officer generate it?

A report used to record corrective action taken for non-criminal conditions on Housing Authority locations — e.g., playing in prohibited areas, noise complaints, other breaches of NYCHA rules, follow-up dispositions, repairs, accidental/non-criminal damage, lingering, resident disputes, non-suspicious fires, abandoned vehicles, and similar conditions.

8) What is the NYCHA Trespass Notice Program?

A program under which, when an individual (18+) is arrested for a felony sale of a controlled substance or marijuana committed on a NYCHA development, officers serve a NYCHA Trespass Notice barring them from NYCHA property. The notice is logged with the Housing Bureau Wheel, signed/dated by the defendant (or marked "Refused"), copied, served, and packaged with the related arrest paperwork; a person found on NYCHA property in violation of the notice may then be arrested for trespass.

9) In a NYCHA building, list the items needed when processing an arrest for "criminal trespass."

10) Central assigns you a 10-59 (fire). On arrival, what is the first thing you should do, and what are the remainder of your duties (noting what NOT to do)?

First, ensure life safety — alert and help evacuate occupants and transmit the appropriate alarm/notification for FDNY response. Then maintain a clear path for firefighting apparatus and permit only authorized vehicles/personnel (ambulances, police/FDNY, the mayor, governmental and public-service personnel on duty, valid press, Red Cross) past fire lines; once firefighting concludes, ensure the premises are secured; record the relevant details in your Digital Activity Log (location, time, persons displaced or injured); prepare an Aided Report for each injured person; and prepare a Complaint Report Worksheet if the fire is suspicious. Do not enter or remain in a dangerous fire area or attempt firefighting/rescue beyond your training — that is FDNY's function — and do not disturb a suspicious fire scene that may be evidence of arson.

1. Define chain of custody.

A record of the persons who have identified, collected, handled, examined, packaged, recorded, and stored a piece of evidence — maintained to preserve the evidence's integrity so it can be admitted in court.

2. When does the chain of custody begin, and how far may it continue?

It begins when the evidence is discovered and continues until the evidence is presented in court.

3. True or False: It is best to make the chain of custody as long as possible.

False. It is best to keep the chain as short as possible.

4. Why is #3 false?

Because the risk of contamination, loss, or a break in the chain increases with every additional person who handles the evidence — "the less hands the better."

5. All recovered evidence should be properly ______, ______ & ______, ______ & ______, and ______ & ______.

Properly Identified; Collected & Handled; Examined & Packaged; and Recorded & Stored.

6. What are the following?

7. When are the following used?

8. When is property invoiced on separate Property Clerk Invoices?

When property is of different types or categories (e.g., safekeeping invoiced separately from evidence; prescription medication separately), and when there are multiple prisoners in a single incident — each prisoner's personal property and any arrest evidence recovered from each is invoiced separately, with the other prisoners' names/arrest numbers noted.

9. In regard to packaging, when are the following used?

10. Correct Officer Jones's deficiencies in invoicing the items.

11. How many property types are there? List them.

Eight: (1) Controlled substances; (2) Currency; (3) Evidence collection; (4) Explosives; (5) Firearm; (6) Jewelry; (7) Vehicle/Boat; (8) General property.

12. How many property categories are there? List them.

Fourteen, including: Arrest Evidence; DNA Arrest Evidence; Investigatory; DNA Investigatory; Forfeiture; Found Property; Safekeeping; Decedent's Property; Peddler's Property; Determine True Owner; Parking Enforcement Division; Photo Release; Rotation Tow; and Prisoner DNA sample collection.

13. When do you use the property category "found property"?

For property found by an officer or a civilian. Do not use it for property that requires investigation (narcotics, guns, etc.). Found property valued at $20 or more must be reported to and deposited with the police.

14. How may you distinguish between property type and property category?

The property type does not change, but the category may. For example, money is always the type "Currency," but its category could be Arrest Evidence, Safekeeping, Found Property, etc., depending on the circumstances.

15. If found property is given to an officer on patrol, what next steps should be taken?

Prepare an Acknowledgement of Found Property as a receipt for the finder, safeguard the property, invoice it under the "found property" category (unless it requires investigation), and — within the subway system — deliver qualifying items to the NYC Transit Customer Service Agent for the Lost Property Office, securing a receipt.

16. When do you use the property category "safekeeping"?

For property that is lawfully possessed but taken into police custody for protection — e.g., a prisoner's personal (non-evidence, non-contraband) property, or firearms held for safekeeping. It is always invoiced separately from other categories.

17. In general, how should controlled substances be packaged when invoiced?

Mark each item with the officer's initials and number it consecutively (e.g., "J.D. 1 of 3"), place the items loose into a Narcotics Evidence Envelope (do not staple, do not tape individual items), then seal that inside a Plastic Security Envelope — both sealed, signed, and dated in the presence of the verifying supervisor, with both serial numbers recorded on the PCI. (PCP/"angel dust" goes into the PSE first, then the Narcotics Evidence Envelope.)

18. Define numismatic and sentimental value. How is such currency processed?

Numismatic value is value above the currency's face value (e.g., all gold coins, U.S. silver coins dated 1964 or earlier, very old bills). Sentimental value comes from special markings or packaging (framed bills, a bill marked "Happy 12th Birthday Bobby"). Such currency is invoiced following normal procedures, but is noted on the PCI under "Remarks" as possible numismatic/sentimental currency, itemized/recorded by denomination (with serial numbers), and placed in a Plastic Security Envelope rather than deposited.

19. What are the do's and don'ts when invoicing numismatic/sentimental currency?

Do: note it on the PCI "Remarks" as possible numismatic/sentimental; itemize coins by quantity; record by denomination including serial number; use a Plastic Security Envelope. Do not: deposit it into a bank; initial it; stamp it; or enter a monetary value in the "Cash Value" column.

20. What currency will not be stamped as evidence?

"SNUF B" currency — Sentimental, Numismatic, Unaltered currency that must stay in original condition (treated with dye/powder or marked), Foreign, and Bloodstained — is not stamped (and not initialed).

21. What steps follow when counterfeit money is detected and the passer is an innocent victim or unknown?

Have the person write their name and date across the face of the bill (or scratch initials on a coin); sign your rank, name, shield number, and date on the bill; take possession and report to the Desk Officer. Counterfeit money is not invoiced — it is forwarded to the U.S. Secret Service (via the patrol borough), unless it is arrest evidence, in which case it is invoiced and forwarded.

22. What are the Sexual Offense Evidence Collection Kit and the Drug-Facilitated Sexual Assault Kit? When are they used?

The Sexual Offense Evidence Collection Kit (Part A) collects and preserves forensic evidence (slides, swabs, envelopes) and is used when the offense occurred within the previous 120 hours; it is delivered to the Police Laboratory. The Drug-Facilitated Sexual Assault Kit (Part B — two grey-topped blood tubes and a urine container) is used when a drug-facilitated assault is suspected within 120 hours of when the victim last remembers drinking; it is invoiced on a separate PCI with its own RLER and taken to the OCME Evidence Unit for toxicology.

23. Define sexual offense evidence.

Bloodstains, serology, body fluids, and/or other biological evidence (clothing, bedding, undergarments, etc.) to be analyzed to obtain a DNA profile — separate from the collection kits themselves.

24. For invoicing purposes, what is the Department's definition of a firearm?

For invoicing, "firearm" is read broadly to include pistols, revolvers, derringers, shotguns, rifles, air/CO2 pistols and rifles, and "other" (toy guns, starter's pistols, imitation pistols, black-powder guns, zip guns, etc.) — all of which require a Complaint Report and proper invoicing.

25. True or False: UMOS must never touch, move, or disturb a firearm at a crime scene under any circumstances.

False. Do not touch, move, or disturb a firearm/firearm-related evidence at a crime scene except when absolutely necessary (e.g., a large crowd gathering, or to render aid to a victim).

26. All laboratory examinations are initiated by the preparation of a ______.

A Request for Laboratory Examination Report (RLER).

27. How may a UMOS prevent destruction of fingerprints or other forensic evidence on a firearm?

By not handling the firearm unnecessarily — minimize contact, wear gloves, and do not manipulate it more than required to make it safe.

28. Whom should an officer notify if a firearm is unfamiliar or difficult to unload/safeguard?

The Desk Officer (and do not attempt to make it safe until CSU/ECT/ESU has completed their investigation).

29. Define cartridge as used in this chapter.

A complete unit of ammunition — the bullet (projectile) seated in a metal shell casing containing the propellant. (The "fired bullet" is the projectile after firing; the "shell casing" is the metal case remaining after firing.)

30. Officer Cross recovers 3 fired bullets, 3 shell casings, 1 semiautomatic pistol with 1 cartridge in the chamber and 6 in the magazine, and 1 silencer. How should the evidence be marked?

31. True or False: When invoicing firearm evidence with biological evidence, UMOS may package it in a plastic security envelope if wet.

False. Biological evidence must be air-dried first (never packaged wet) and packaged in a paper bag/container with an orange biohazard label — never in a PSE or other plastic — and delivered to the Police Laboratory immediately for refrigeration.

32. What is the specific order for listing a firearm and firearm-related property on a PCI?

(1) The firearm (make, type, serial number); (2) the magazine; (3) the cartridge removed from the chamber; (4) cartridges removed from the firearm grouped by caliber; (5) shell casings from the crime scene grouped by caliber; (6) all fired bullets as a single item; followed by silencers and any other firearm-related evidence.

33. True or False: When invoicing jewelry, it is recommended you enter a dollar amount you believe it is worth.

False. Do not enter a dollar value for jewelry. Invoice it separately in a JSE, limit the quantity so each item can be individually inspected, and record the lead-seal number on the worksheet.

34. What is a Vehicle Seizure Form, and when is it issued?

A Department form (PD 571-1218) used to document the seizure of a vehicle for forfeiture — issued when a vehicle is seized as subject to a civil forfeiture action (e.g., used to commit or facilitate a crime such as DWI or transporting narcotics), informing the claimant of their right to a retention (Krimstock/OATH) hearing.

35. What steps must officers follow to temporarily remove invoiced property from the command?

Prepare a Property Transfer Report to account for the property, obtain the required authorization, document the removal and its purpose (e.g., in the Digital Activity Log), and return the property — a member not listed as the arresting/assigned officer must present written authorization from their commanding officer.

36. What steps must officers follow to temporarily remove invoiced property from the Property Clerk Division?

Give the clerk the PCI number; present shield and identification card; sign a receipt for the evidence; and take the Police Laboratory Controlled Substance Analysis Report to court with any controlled-substance evidence. On adjournment, obtain receipts for property held by the court/DA, return opened controlled substances to the Laboratory for resealing, and return the property or receipt to the Property Clerk as instructed.

1. When do effective police witnesses begin preparing their testimony?

From the instant they suspect criminal activity may be occurring — preparation encompasses the entire investigative process (facts of the offense, locating witnesses, recovering/preserving/marking evidence, and recording events leading to the arrest).

2. What does it mean to impeach a witness?

To discredit the witness — to call their credibility or truthfulness into question.

3. What is chain of custody and why is it important?

It is the record of everyone who handled a piece of evidence from discovery to court. It is important because it proves the item presented in court is the same item recovered, unaltered — establishing the evidence's integrity and admissibility. It starts at the scene, not in the courtroom, and "the less hands the better."

4. Officers on patrol must wear their uniform when appearing in court. What are the exceptions?

The "OSCAR" exceptions: Off Duty; Sick Report; Commanding Officer authorized; Arraignment deferred/holdover prisoner; Restricted Duty.

5. What is evidence?

Anything used to prove or disprove a disputed fact in a court of law — it may consist of testimony, documents, or objects.

6. What are the three tests of admissibility?

Evidence must be relevant (tends to make a fact more or less probable), material (offered to prove or disprove a fact in dispute), and competent (reliable).

7. Define Direct, Circumstantial, and Opinion Evidence.

8. Provide examples of circumstances that most often result in motions to suppress.

9. What is considered discovery material?

All records generated by or in the custody of the Department related to an arrest — e.g., officers' notes, civilian and law-enforcement witness information, Body-Worn Camera footage, Digital Activity Log entries, property vouchers, summonses, Stop Reports, scientific testing, certain personnel records (Giglio), and arrest/complaint/incident reports.

10. What are the penalties for failing to turn over all discovery material within the time frames?

Suppression of evidence or statements; exclusion of witness testimony; and dismissal of the case (including on speedy-trial grounds).

11. Define exculpatory evidence. It is commonly referred to as what?

Evidence that tends to clear the defendant of guilt. It is commonly referred to as Brady material ("Brady clears guilt").

12. What is hearsay?

An out-of-court statement, repeated by a witness who lacks personal knowledge of the underlying fact, offered for its truth. It is generally inadmissible unless it falls within a recognized exception or is offered not for its truth but to explain why an officer took a particular action.

13. What are three exceptions to the hearsay rule you will most likely encounter?

The "CED" exceptions: a Confession or admission (including admission by adopted statement or silence); an Excited utterance; and a Dying declaration (made under a sense of impending death).

14. What are the different types of pretrial hearings? Explain each.

15. What is direct examination?

The questioning of a witness by the side that called them (the ADA for a police witness), using open-ended, non-leading questions to elicit the witness's account. Physical evidence is introduced during direct examination.

16. What is cross examination?

The questioning of a witness by the opposing side (the defense attorney) — designed to chip away at the testimony, highlight facts favorable to the defense, and underscore omissions or inconsistencies. Leading questions are permitted.

17. What is Giglio Material?

Information bearing on an officer's credibility — "adverse credibility findings" from an officer's disciplinary or civil-lawsuit history (an adverse credibility finding is when a judge determines an officer's testimony is not credible). It must be disclosed to the defense.

18. What occurs during a "re-direct" and a "re-cross" examination?

Re-direct (conducted by the ADA) lets the witness give the fuller explanation they could not give on cross and clarify points raised on cross — it is limited to matters raised on cross. Re-cross (conducted by the defense attorney) then addresses matters raised on re-direct.

19. Why is it important for officers to remain calm, polite, and in control while testifying?

Because courtroom demeanor tells the jury a great deal. An officer who stays calm and professional appears credible and truthful; losing one's temper or becoming sarcastic lets the defense suggest the arrest was made in an emotional state or that the officer is hiding something.

20. Define oath, swear, testimony, swear falsely.

21. What is Perjury in the Third Degree?

An "A" misdemeanor (PEN 210.05) committed when a person swears falsely — the false statement need not be material to the case.

22. What is Perjury in the Second Degree?

An "E" felony (PEN 210.10) — swearing falsely in a signed written instrument for which an oath is required by law, made with intent to mislead a public servant, and material to the matter (the "S" – signed written statement).

23. What is Perjury in the First Degree?

A "D" felony (PEN 210.15) — swearing falsely where the false statement consists of testimony and is material to the proceeding (the "T" – testimony).

24. Define Physical Evidence and Official Proceeding.

25. What are the ways to commit Tampering with Physical Evidence?

An "E" felony (PEN 215.40), committed when a person: (1) with intent that it be used in a proceeding, knowingly makes/devises/prepares false physical evidence, or produces or offers such evidence knowing it to be false; or (2) believing evidence is about to be produced or used and intending to prevent that, suppresses it by concealment, alteration, or destruction, or by force, intimidation, or deception.

26. What are the three components of traffic court testimony?

Testimony should resemble a story with a beginning (introduce yourself — name, rank, shield, command — and the time, date, and location of the violation, with your position relative to the violator), a middle (describe the violation itself, exactly as observed), and an end (the action taken — stopping the vehicle and issuing the summons). The officer must bring the Digital Activity Log and a copy of the summons and be able to testify truthfully to everything on it.

1. What are the six commissions discussed in this chapter? Briefly describe the results of each.

2. What has the Police Commissioner charged the Internal Affairs Bureau to do?

With the institutional accountability, implementation, and maintenance of the Department's anti-corruption programs — investigating corruption and complaints of other serious misconduct.

3. What are the four divisions of the IAB? Describe each.

4. What are the dispositions of closed IAB investigations? What does each mean?

5. Within the disciplinary system, what do the following mean?

6. What is the function of the Integrity Control Officer (ICO)?

Usually a lieutenant, the ICO oversees a command's corruption-prevention mechanism — developing an integrity-control program tailored to precinct conditions, visiting corruption-prone locations at frequent and irregular intervals, gathering information on criminals in the area, conducting misconduct investigations as directed, training members on corruption hazards, and advising on acceptable on-/off-duty conduct.

7. What are the three categories of the Integrity Monitoring File? Describe each.

8. What is the Holiday Integrity Program?

A precinct/command-based operation coordinated by the CO and ICO that monitors members' shopping (on or off duty) at businesses within the command during November, December, and January — inspecting RMPs for packages, watching precinct parking areas, and speaking with business owners about illegal gratuities offered to members.

9. True or False: Members may have an interest in, association with, or patronize premises that harbor gambling, prostitution, or narcotics.

False. Members who have an interest in, association with, or who patronize such premises (licensed or unlicensed) will be suspended immediately by a ranking officer.

10. What is the function of the Department Advocate's Office (DAO)?

It prosecutes cases when Department trials are warranted — when "charges and specifications" have been preferred against a uniformed or civilian member. The Advocate functions as the "in-house" district attorney at a Department (administrative) proceeding.

11. Why was the Board of Ethics established?

To review questions dealing directly with ethical considerations or possible conflicts of interest — such as the acceptance of gifts, testimonials, and off-duty employment. It consists of the Deputy Commissioner of Legal Matters, a Department Chaplain, and four officers; a member in doubt requests a ruling through their commanding officer.

12. What is the purpose of the Office of Equal Employment Opportunity (OEEO) and some of its functions?

Established in 1978 to comply with Title VII of the Civil Rights Act of 1964 and ensure a bias-free workplace. It advises, monitors, and trains members on employment-discrimination law and Department policy, reviews legal issues arising in EEO complaints, and evaluates practices to avoid discrimination and costly litigation.

13. What is the purpose of the Civilian Complaint Review Board (CCRB)?

An independent, all-civilian oversight agency empowered to receive, investigate, mediate, hear, make findings on, and recommend action on complaints against NYPD officers. Its 15 members must reside in and reflect the diversity of the City, and it forwards its findings to the Police Commissioner.

14. What does the CCRB investigate?

"FADO & U": Force (excessive or unnecessary), Abuse of authority, Discourtesy, Offensive language, and Untruthful statements.

15. If a civilian approaches you at a police facility wanting to make a CCRB complaint against another member, what next steps should you take?

Notify the CCRB Intake Unit at 1-800-341-CCRB (24 hours) as soon as the details of the complaint are known, and facilitate the civilian's complaint rather than discouraging it.

16. What other external agencies investigate members of this Department?

17. True or False: Misconduct involving a member's misuse of a firearm while unfit for duty due to intoxication from alcohol results in referral to counseling.

False. It will result in termination from the Department (the Police Commissioner determines exceptional cases on a case-by-case basis).

18. Complete: You must remain ______, except when on ______, and will not consume intoxicants to the extent that you become unfit for duty.

You must remain armed/fit for duty, except when on sick report, and will not consume intoxicants to the point of becoming unfit for duty.

19. Complete: Any UMOS who causes ______ to another person while operating a ______ and is determined to be unfit for duty due to ______ will be terminated, absent exigent circumstances.

Causes death or serious physical injury to another person while operating a vehicle (motor vehicle/vessel) and is determined to be unfit for duty due to intoxication from alcohol consumption — will be terminated.

20. Complete: Once a member is found to be illegally using ______, they will receive Department ______ and be suspended, and will be subject to ______ at the Commissioner's discretion.

Illegally using drugs/controlled substances, they will receive Department charges (charges and specifications) and be suspended, and will be subject to dismissal/termination at the discretion of the Police Commissioner.

21. What steps must a member take when under a physician's care and prescribed a prohibited substance?

Promptly notify the Department (through their supervisor/the Medical Division/District Surgeon) that they are under a licensed physician's care and have been prescribed the substance, provide documentation of the prescription, and follow any direction regarding fitness for duty — so the lawful prescription is on record before any drug screening.

22. Complete: A drug-screening failure for taking ______ is handled the same as a failure for a ______. A member who fails is subject to ______.

A failure for taking a prohibited/controlled substance (including recreational marihuana) is handled the same as a failure for an illegal drug; the member is subject to suspension and dismissal/termination at the discretion of the Police Commissioner.

23. What standard of proof is needed for a member to be "drug tested for cause"?

Reasonable suspicion — articulable facts indicating the member may be illegally using drugs.

24. What are the exceptions to a member appearing at the Medical Division after notification for random drug testing?

When the member is on: sick report; a regularly scheduled day off (RDO); military leave; annual vacation; terminal leave; or bereavement leave. (Reporting sick, requesting an E-day, court appearances, arrests, etc., will not excuse the member.)

25. True or False: Reporting corruption is encouraged but optional, and members ultimately have discretion whether to report.

False. Reporting corruption or other misconduct (or allegations of it) is mandatory, not optional. Every member has an affirmative duty to report, and failure to do so is itself misconduct.

26. A member with information about corruption must report it directly to which bureau?

Directly to the Internal Affairs Bureau, Command Center. (This notification also satisfies the member's duty to report to the NYS Law Enforcement Misconduct Investigative Office under Executive Law § 75.)

27. A member receiving an allegation of corruption against themselves will request whom to respond?

A supervising officer, per P.G. 207-21. The supervisor interviews the complainant and confers with the IAB Command Center before interviewing the member about the allegation.

28. What are the different ways to report allegations/complaints to the IAB?

29. Whenever a member of the service is arrested, what must they immediately do?

Immediately notify the Internal Affairs Bureau Command Center (and their desk officer/command), report the facts and the arresting jurisdiction, and surrender their firearm(s), shield, and identification as directed pending the Department's review.

30. Who must a member immediately notify upon receiving a summons for a criminal violation?

The Internal Affairs Bureau Command Center (and their commanding officer), so the matter is documented and reviewed.

1. Define Traumatic Incident, Trauma, and Crisis.

2. How does the loss of dignity, power, and security manifest in crime victims?

3. What verbal and physical actions may a victim in crisis display?

Victims may be silent, calm, dazed, or unresponsive, or may be crying, screaming, shaking, or physically uncontrollable — and may shift rapidly between states (e.g., from subdued shock to agitation). Some show little reaction or even nervous laughter. These are normal, individual responses to trauma.

4. What verbal and physical actions may an officer display to calm a victim in crisis?

Demonstrate empathy; do not rush the process; use active listening; speak in a calm, reassuring tone; introduce yourself and ask permission (to enter, to ask questions) to restore the victim's sense of control; validate their experience ("That must have been very upsetting"); allow ventilation of emotion without interrupting; avoid commands and avoid using the victim's first name; and create a private, safe environment.

5. What are the active-listening skills identified in this chapter, and what does each accomplish?

6. What additional trauma-sensitivity guidelines should officers follow with victims in crisis?

7. Define disability.

A physical or mental impairment that substantially limits one or more major life activities.

8. What services does the Department provide for people with disabilities?

Effective-communication accommodations and auxiliary aids — qualified sign-language interpreters and assistive technology for deaf/hard-of-hearing individuals (which must not be charged to the person), step-by-step verbal guidance and officer identity verification for blind/visually impaired individuals, patient and adapted communication for people with intellectual/developmental disorders, and referrals to appropriate support services through Neighborhood Coordination Officers and victim-services partners.

9. What are some of the reasons sexual assaults are underreported?

10. True or False: The identity of a sex offense victim may be released to the media when the victim is over eighteen.

False. The identity of a sex offense victim will under no circumstances be released to the media or other unauthorized persons, regardless of age.

11. What guidelines should officers follow when making death notifications?

12. What does the Crime Victim's Compensation Program do?

Administered by the NYS Office of Victim Services (OVS), it may grant monetary awards to innocent crime victims for medical expenses, lost earnings, burial expenses, counseling, repair/replacement of essential personal property, relocation, transportation for court appearances, and crime-scene cleanup.

13. Who may be eligible for compensation?

An innocent victim physically injured by a crime; a victim who is under 18, 60 or over, or disabled (even if not physically injured); a surviving spouse, child, parent, sibling, step-relative, or person primarily dependent on the victim; those who paid burial costs; and certain victims of stalking, unlawful imprisonment/kidnapping, and labor/sex trafficking.

14. What is the deadline for filing?

Generally three years following the crime (or its discovery, a frivolous-lawsuit finding, or the victim's death from the crime). In addition, the crime must have been reported to police, generally within seven days, unless OVS determines the delay was unavoidable.

15. What does the Crime Victim Assistance Program (CVAP) do?

A City program (Mayor's Office of Criminal Justice with Safe Horizon) that places trained victim advocates inside Department facilities across the five boroughs. CVAP advocates connect victims to counseling, financial compensation, housing/benefits, and other services, send letters to victims, conduct home visits, and connect victims to other organizations (Safe Horizon hotline 1-800-621-HOPE).

16. What is Safe Horizon and what services does it provide?

A not-for-profit (established 1978) that reduces the trauma, cost, and inconvenience of being a crime victim. It provides a 24-hour hotline for crisis counseling, relocation/transportation, and referrals; neighborhood and court-based services; home-security help (Project SAFE); programs for families of homicide victims; and a Visitors' Assistance Center for out-of-town victims.

17. What is NYC Well (NYC 988) and what services does it provide?

A 24/7, anonymous, toll-free referral program staffed by mental-health professionals who listen, assess the nature and severity of a person's concerns, and connect them to counseling/treatment for stress, depression, anxiety, and drug or alcohol misuse. It is for non-dangerous individuals who do not require police action — not an alternative to required police action with someone who is a danger to themselves or others.

18. What services does V.I.N.E. (Victim Information and Notification Everyday) provide?

Operated by the Department of Corrections and Community Supervision (DOCCS), V.I.N.E. lets crime victims and the public obtain free, 24/7 information about convicted felony offenders in state custody — including crime, sentence, and release dates. (Enacted in 1998 as part of Jenna's Law; users contact the prosecuting DA's office for the inmate's NYSID or date of birth.)

19. What are the purposes of Executive Law sections 641 and 642?

§ 641 sets the objectives of the Fair Treatment Standards for Crime Victims: ensuring victims receive prompt emergency social/medical services and information about compensation, counseling/support programs, their role in the criminal justice process, and key stages of the case; ensuring notification about steps to protect them from intimidation; and ensuring notification of judicial proceedings (arrest, arraignment, release, plea, trial, sentencing). § 642 sets the criteria/specific standards for fair treatment that law enforcement and district attorneys must follow to carry out those objectives (e.g., providing a secure waiting area, prompt property return, and notification of case status).

1. Define/explain the following terms.

2. What are some environmental indicators of mental illness?

Inappropriate decorations (e.g., aluminum foil over windows); hoarding/"pack-ratting" of items to the point of a safety/health hazard; and the presence of feces or urine on floors or walls.

3. What are some behavioral indicators of mental illness?

Disheveled or bizarre appearance; strange posture, pacing, or repetitive movements; disturbances in perception (responding to voices/objects not there, hallucinations, delusions, grandiose ideas); disturbances in thought (incoherent, hard-to-follow speech); acting or threatening to harm self or others; and inappropriate moods (rapid extreme mood swings, feelings of persecution, preoccupation with death or guilt).

4. What is the most important part of communication?

Listening — the "active" part of active listening. The best questions mean nothing if you do not genuinely listen to, and demonstrate that you understand, the answer.

5. What guidelines should you follow when interacting with a PEEC?

6. What should you NOT do when interacting with a PEEC?

7. When is it permissible to transport a PEEC from the scene to a police facility?

Never. Under no circumstances will a PEEC be removed to a police facility — they will always be taken to a hospital for evaluation. (If they committed a crime, they are taken to a hospital first, then arrested/charged after being cleared by mental-health professionals.)

8. What should an officer do to reduce the risk of a prisoner attempting suicide?

Thoroughly search arrestees before placing them in cells; and if you become aware a prisoner is suicidal, inform the Desk Officer and call for an ambulance to remove the prisoner to a hospital for evaluation. Take all suicide attempts seriously, even for minor offenses.

9. What is a suicide-by-cop incident?

An encounter in which a suicidal person attempts to die by forcing a law-enforcement officer to use lethal force against them — threatening the life of the officer or another person (or making the officer believe such a threat exists) to leave the officer no choice but to use deadly force.

10. What indicators suggest a person may be attempting suicide-by-cop?

Saying "kill me" / "shoot me" or otherwise expressing a wish to die; appearing depressed or in a mental-health crisis; not behaving like a criminal offender (not fleeing the scene); behaving aggressively toward police for no apparent reason; and strange behavior such as random vandalism or ramming a police car.

11. What is the purpose of 988: Suicide and Crisis Lifeline, and who is it for?

It provides easy access to the National Suicide Prevention Lifeline network and related crisis resources, meeting growing suicide and mental-health crisis-care needs. It is for individuals (and their families) in need of counseling or crisis support who are not an immediate danger requiring police action — distinct from 911, which dispatches EMS/fire/police.

12. What is the primary duty of all members of the service?

To preserve human life; the safety of all persons involved is paramount.

13. True or False: Physical force is used only to the extent necessary to restrain and deliver the PEEC to a hospital/detention facility; deadly physical force is used only to protect the life of the assigned UMOS when the threat of physical injury is present.

False (correct as follows). Deadly physical force will be used to protect the life of the assigned UMOS or any other person present when the threat of serious physical injury or death is imminent — not merely when a threat of physical injury "is present."

14. What steps should you take upon receiving a call of a PEEC?

15. When a PEEC's actions constitute an immediate threat of SPI or death to themselves or others, what should you do, and what should you keep in mind?

Act immediately and take reasonable measures to terminate or prevent the behavior. Keep in mind: deadly physical force will be used to protect the life of the assigned UMOS or any person present when the threat of SPI or death is imminent; if feasible and consistent with safety, de-escalate through tactical communication to gain voluntary compliance; and damaging property does not by itself constitute an immediate threat of SPI or death. When taking a PEEC into protective custody, frisk them (and any property that may contain a weapon) for weapons.

16. When may a PEEC be taken into custody without the specific direction of a supervisor?

When the PEEC is unarmed, non-violent, and willing to leave voluntarily.

17. What should you do when a PEEC is isolated/contained but will not leave voluntarily?

Maintain the zone of safety and request, through Central, the response of the Hostage Negotiation Team (HNT) and coordinator and the Technical Assistance Response Unit (TARU), complying with P.G. 221-14, "Hostage/Barricaded Person(s)," where appropriate.

18. What is the purpose of B-HEARD, and what does a B-HEARD team consist of?

The Behavioral Health Emergency Assistance Response Division (B-HEARD) provides a health-centered response to 911 calls involving people in emotional crisis who are unarmed, non-violent, and could benefit from behavioral-health treatment — limiting police response to non-emergency mental-health calls and reducing unnecessary ER visits. A team consists of two emergency medical technicians (EMTs) and one licensed clinical social worker.

19. Once a B-HEARD team is on scene and no other conditions warrant continued police presence, what radio code is transmitted to Central?

Radio code "10-95 – Referred to B-HEARD."

20. What standard of proof is needed to apply for an Extreme Risk Protection Order (ERPO)?

Probable cause to believe the individual poses a risk of serious physical harm to themselves or others. (This is a separate analysis from probable cause to arrest — an arrest does not automatically create ERPO probable cause, and ERPO probable cause may exist even without an arrest.)

21. What factors should you consider when determining whether an individual poses a risk of serious physical harm?

22. When a PEEC has been taken into custody, what steps ensure proper and safe custody?

23. After arriving at a psychiatric ward with a PEEC, what steps must officers take to safeguard the PEEC until examined?

24. If the situation calls for use of force when handling PEECs, what type of force will be used?

Only the minimum amount of force reasonably necessary to control the situation. Deadly physical force may be used only to protect your life or another innocent person's life when the threat of SPI or death is imminent.

25. What less-lethal force equipment is available to patrol officers, and where is it kept?

In the RMP: the three-foot polycarbonate shield and the door bag with door rope/wedge. On the person: Oleoresin Capsicum (OC) pepper spray and the Conducted Electrical Weapon (CEW). (Patrol supervisors/ESU additionally carry Velcro restraining straps in the RMP.)

26. What restraining methods violate Administrative Code § 10-181, and what must an officer do upon observing such a violation?

Prohibited methods: restraining a person in a manner that restricts the flow of air or blood by compressing the windpipe or carotid arteries (a chokehold), or sitting, kneeling, or standing on the chest or back in a manner that compresses the diaphragm. An officer who observes another officer doing this MUST intervene — stop them or physically move them away from the torso/neck area — just as they would to protect from crossfire.

27. When is it permissible to transport or keep a subject in a facedown position?

Only for as long as it takes to handcuff them. After being restrained, the subject must be positioned to enable free breathing and never kept or transported facedown; "hog-tying" is prohibited under any circumstances, and any difficulty breathing requires immediate medical assistance.

28. What is Civil Rights Law § 28, Medical Attention for Persons Under Arrest?

It requires members of the service to ensure that a subject receives proper medical and mental-health attention and is provided first aid when the subject is injured, ill, having difficulty breathing, or demonstrating any potentially life-threatening symptoms.

29. Which Mental Hygiene Law authorizes an officer to take a person into custody for psychiatric evaluation, and what criteria must be met?

MHL § 9.41. An officer may take a person into custody when the person appears to be mentally ill and is conducting themselves in a manner likely to result in serious harm to themselves or others — or appears mentally ill and is so unable to meet basic human needs that physical injury or serious harm is likely without attention. The risk need not be imminent, only real and present.

30. Once an officer determines an individual must be involuntarily transported for hospital evaluation, what steps must the officer follow?

31. What are Mobile Crisis Outreach Teams and Assertive Community Treatment Teams, and what do they do?

Interdisciplinary teams of mental-health professionals (nurses, social workers, psychiatrists, psychologists, addiction specialists, peer counselors) operating under voluntary agencies and municipal hospitals. They respond to people in the community — usually at home — providing assessment, crisis intervention, supportive counseling, information/referrals, linkage to ongoing treatment, and follow-up, and can arrange (or, under MHL §§ 9.37/9.58, direct) transport to a psychiatric ER. Referrals are made by calling or texting 988.

32. What does Mental Hygiene Law § 9.58 authorize, and to whom does it give that authority?

It authorizes a physician (or qualified mental-health professional) who is a member of an approved mobile crisis outreach team to remove — or direct the removal of — any person who appears mentally ill and is acting in a manner likely to result in serious harm to themselves or others. That clinician may direct peace or police officers to take the person into custody and transport them with EMS assistance.

33. If an officer is called to the scene of a § 9.58 transport, what steps must the officer follow?

34. When assisting in a § 9.58 transport, what two things must the clinician provide the officer?

A valid § 9.58 ID card, and a signed and completed OMH 482 form ("Mobile Crisis Outreach Team Authorization for Transport").

35. What is a Developmental Disabilities Identification Card?

A card issued through the NYS Office for People with Developmental Disabilities (OPWDD) to individuals with a medically diagnosed developmental disability (e.g., autism, Asperger's syndrome). Presented to law enforcement, firefighters, and EMS, it helps responders quickly identify a person who has a developmental disability and may have trouble communicating — aiding communication and preventing the disability from being mistaken for mental illness or defiance.

1) A search refers to an individual's ______, while a seizure ______ the person of ______.

A search is an intrusion into a person's reasonable expectation of privacy; a seizure deprives the person of their property (or, in the case of the person, their freedom of movement).

2) True or False: The Fourth Amendment prohibits all searches and seizures by all persons.

False. It prohibits only unreasonable searches and seizures, and only those conducted by government actors — not by private individuals.

3) In addition to people, what other areas are covered by the Fourth Amendment?

Houses, papers, and effects — a person's home, belongings, and any place where they have a reasonable expectation of privacy.

4) What is the purpose of the "exclusionary rule"?

Evidence obtained through an unlawful search or seizure is inadmissible in court. It exists to deter police misconduct.

5) Explain the concept of "fruits of the poisonous tree."

Evidence later derived from an initial illegal search or seizure is also tainted and inadmissible. The original illegality (the tree) contaminates everything that flows from it (the fruit).

6) List and explain each of the eight court-recognized exceptions to the search warrant requirement.

7) What are the reasons why a "search incidental to a lawful arrest" is necessary?

To protect the officer by removing weapons or means of escape, and to prevent the arrestee from destroying or concealing evidence.

8) What does it mean for a search to be limited in time, scope, and intensity?

Time – it must be contemporaneous with the arrest. Scope – confined to the arrestee's person and grab-able area. Intensity – only as intrusive as reasonably necessary.

9) To search a seized portable container without a warrant, what must the officer articulate?

A reasonable belief that the container holds a weapon, a means of escape, or evidence/contraband related to the crime of arrest.

10) What is "reasonable belief"?

A belief based on specific, articulable facts and circumstances — more than a mere hunch — that would lead a reasonable officer to the same conclusion.

11) What is meant by "lunge-able"/"grab-able" area?

The area within the arrestee's immediate reach at the time of arrest, where they could grab a weapon, a means of escape, or destroy evidence (Chimel).

12) When does the "plain view" exemption exist?

When the officer is lawfully present, the item is in plain view, and its incriminating nature is immediately apparent. The officer may then seize it.

13) What conditions allow a warrantless search of a vehicle?

Probable cause to believe the vehicle contains contraband, fruits, instrumentalities, or evidence of a crime (the automobile exception) — or another exception applies (consent, search incident to the arrest of an occupant where a weapon/evidence is reasonably believed present, inventory, plain view, or exigency).

14) Outline the current rules of the Automobile Exception.

With probable cause that a lawfully stopped vehicle contains evidence or contraband, an officer may search the entire vehicle without a warrant — including the trunk and any closed container within it capable of holding the object of the search.

15) "Search by consent" — complete the statement.

The one who has a right to possession (the person in lawful possession — e.g., the tenant) is the one who is in control; therefore, he or she is the one who must give consent.

16) What three elements must be satisfied for a warrantless search in an emergency?

17) Complete: When a police officer has ______ that a person ______ committing, ______ committed, or ______ commit any ______ or ______, they may stop, question and possibly frisk.

reasonable suspicion that a person is committing, has committed, or is about to commit any felony or Penal Law misdemeanor.

18) What is a stop?

A Level 3 (Terry) detention — it occurs when a reasonable person would not feel free to leave. It is permitted on reasonable suspicion the person committed, is committing, or is about to commit a felony or Penal Law misdemeanor.

19) What is a frisk and how is one conducted?

A limited pat-down of the outer clothing for weapons, permitted only when the officer reasonably suspects the stopped person is armed and dangerous. It is a running of the hands over the outside of the clothing — not a search for evidence.

20) What is hot pursuit and how does it create an exception?

When officers are in immediate, continuous pursuit of a fleeing suspect for a serious offense, they may follow into premises and act without a warrant. The urgency — preventing escape, harm, or destruction of evidence — excuses the warrant requirement.

21) What is the purpose of the inventory procedure?

To protect the owner's property in police custody, to protect the Department against false claims of lost or stolen property, and to protect police and the public from dangerous items.

22) True or False: The purpose of an inventory procedure is to find evidence.

False. Its purpose is protective, not investigatory. Conducting it as a ruse to discover evidence invalidates it.

23) Officer Simms searched the contents of an arrestee's cellphone incident to arrest. Lawful?

No. Under Riley v. California, the digital contents of a cellphone may not be searched incident to arrest. Simms could seize and secure the phone, but searching its contents requires a warrant (or consent / true exigent circumstances).

24) Define arrest warrant.

A written order issued by a court directing law enforcement to arrest a named or described person and bring them before the court to answer a charge.

25) What must an arrest warrant contain?

The issuing court, the defendant's name (or an accurate description if the name is unknown), the offense charged, and a direction to arrest the defendant and bring them before the court.

26) Define bench warrant.

A warrant issued by a judge for a defendant or witness who fails to appear in court as required, directing police to take them into custody and bring them before the court.

27) Explain the "room presumption."

Under PEN 220.25(2), there is probable cause to arrest persons found in a room/premises that appears used primarily to manufacture or sell drugs where drugs are in close proximity and open view. A person need not be in the same room, as long as the drug room is observable from where the person is located.

28) Between what times may a search warrant be executed, and within how many days of issuance?

Between 6:00 a.m. and 9:00 p.m. (unless the court authorizes otherwise), and within 10 calendar days of issuance.

1) Mary reports that her neighbor's son Larry attempted to rape her last night; she heard him return to his apartment next door minutes ago and wants him arrested now. What can you do?

You have probable cause to arrest Larry for a felony (attempted rape/sexual abuse and assault). However, he is now inside his own home — under Payton, you may not make a warrantless, non-consensual entry into a residence to effect a routine arrest absent consent or exigent circumstances. Do not force entry: knock and seek a consensual encounter, position to arrest him if he comes out to a public place, and/or obtain an arrest warrant. Notify the Special Victims Unit (all sex crimes require SVU), and ensure Mary receives medical attention and that evidence is preserved.

2) A shooter fires at a basketball court, then at you, and flees into Apt. 2A. What can you do? Where can you look? Where can you search?

3) After arresting Mary for assault, your partner retrieves her locked rolling suitcase (left inside the post office) and tries to break the lock to search it before putting it in the RMP trunk. Proper?

No. The suitcase was not on her person or in her grab-able area at the time of arrest, so this is not a search incident to arrest. Breaking the lock to search it for evidence is not authorized without a warrant, consent, or another exception. It should be safeguarded and inventoried per procedure — and an inventory is a protective accounting, not a tool to investigate.

4) A resident proves he lawfully lives at a false-alarm burglary location and invites you in. As you leave, you see a machine gun against the wall by the door. (a) Seize it? (b) Search the rest of the residence? (c) Why?

5) You arrest a driver for a suspended license; a search of his person finds nothing. Your partner says you may automatically search the vehicle's grab-able area because the driver is under arrest. Correct?

Incorrect. Unlike an arrest on the street, the search of a vehicle's passenger compartment incident to the arrest of an occupant is not automatic. You may search the grab-able area only if you have a reasonable belief it contains a weapon, a means of escape, or evidence of the crime of arrest. Here the offense is a suspended license, nothing was found on him, and there is no such belief — so no grab-able vehicle search is justified.

1) What is the importance of the NYS Penal Law?

It defines the acts and omissions that constitute offenses in New York and the mental states and penalties that attach. With the Criminal Procedure Law, it forms the legal basis for identifying, investigating, charging, and prosecuting offenses.

2) Define acts, omissions, and voluntary act.

Act – a bodily movement (what the law prohibits). Omission – a failure to perform a legally required duty. Voluntary act – a bodily movement performed consciously through effort or determination; criminal liability requires a voluntary act or a culpable omission.

3) List and describe the four parts of the Penal Law.

4) Differentiate offense, traffic infraction, violation, misdemeanor, and felony.

5) Define deadly weapon and list them.

A loaded firearm capable of causing death or serious physical injury, or a: switchblade knife, pilum ballistic knife, metal knuckle knife, dagger, billy, blackjack, metal knuckles, or plastic knuckles.

6) Define dangerous instrument.

Any instrument, article, or substance that, under the circumstances in which it is used, attempted, or threatened to be used, is capable of causing death or serious physical injury (e.g., a kitchen knife, a vehicle, a bat).

7) How is a deadly weapon different from a dangerous instrument?

A deadly weapon is inherently designed to cause death/SPI (or is a loaded firearm); a dangerous instrument is an ordinary object that becomes dangerous only because of how it is used. Most people own dangerous instruments; typically only criminals own the listed deadly weapons.

8) Define defense and affirmative defense.

Defense – any evidence offered by the accused to defeat a charge; once raised, the People must disprove it beyond a reasonable doubt. Affirmative defense – the defendant admits the conduct but offers a justifiable reason and must prove it by a preponderance of the evidence (e.g., mental disease/defect, entrapment, duress, renunciation).

9) Define statute of limitations.

The time limit within which a criminal prosecution must be commenced.

10) State the statute of limitations for each category.

11) List and describe the elements of an offense.

The components the People must prove beyond a reasonable doubt: a voluntary act (or culpable omission), the prohibited conduct or result, the required culpable mental state, any attendant circumstances, and causation linking the conduct to the result.

12) List and describe the culpable mental states.

13) Difference between motive and intent.

Motive is the reason a person commits a crime — it is not an element and need not be proven. Intent is the conscious objective to commit the act and is often a required mental state.

14) What is meant by strict liability?

An offense that requires no culpable mental state — merely committing the prohibited act establishes liability (e.g., many traffic infractions; age in statutory sex offenses).

15) Define attempt.

Under PEN 110.00, with intent to commit a crime, engaging in conduct that tends to effect — and comes very close to completing — its commission, even though the crime is not completed.

16) What is accessorial conduct?

Under PEN 20.00, acting with the mental culpability required for an offense, a person solicits, requests, commands, importunes, or intentionally aids another to commit it — making them criminally liable for the other's conduct. It is a legal principle, not a separate charge.

17) If you saw "110/125.25" on a Department form, what would it mean?

Attempted Murder in the 2nd Degree — 110 indicates an attempt, and 125.25 is Murder in the 2nd Degree.

1) What is considered property?

Money; compensation for labor or services; personal property; real property; computer data or programs; a thing in action; evidence of debt or contract; and any article or substance of value, including gas, steam, water, or electricity provided for a charge.

2) How does a person commit larceny, and what are the ways?

A person commits larceny when, with intent to deprive another of property or appropriate it, they wrongfully take, obtain, or withhold it from an owner. Ways: common-law trespassory taking; trickery; embezzlement; false pretense; acquiring lost/mislaid/mistakenly delivered property; issuing a bad check; false promise; extortion; wage theft; and deed theft.

3) What is petit larceny?

A misdemeanor (PEN 155.25) — the stealing of property valued at $1,000 or less that does not fall within a felony category.

4) What are the different ways to commit grand larceny?

Value over $1,000; a public record; secret scientific material; a credit/debit card; property taken from the person of another; obtained by extortion; one or more firearms/rifles/shotguns; a motor vehicle valued over $100; certain religious items worth at least $100; a telephone access device; anhydrous ammonia for methamphetamine; retail goods stolen in a common scheme exceeding $1,000; an ATM or its contents; or deed theft of real property.

5) What three basic questions distinguish petit from grand larceny?

What type of property was stolen? What was its value? What method was used to steal it?

6) How does an individual commit robbery?

Robbery is forcible stealing: in the course of committing a larceny, a person uses or threatens the immediate use of physical force upon another to take or retain property or compel its surrender. It is always a felony.

7) What is the difference between larceny and robbery?

The use or threatened immediate use of physical force against a person. Larceny is a taking without force; robbery adds force or the threat of immediate force to a person.

8) True or False: A weapon must be used and an injury sustained for an act to be a robbery.

False. Neither a weapon nor an actual injury is required — a verbal threat of immediate physical force against a person during a larceny is enough to make it a robbery.

9) Ways to commit Criminal Possession of Stolen Property (Misd. and Fel.).

Misdemeanor (165.40): knowingly possessing stolen property (value $1,000 or less) with intent to benefit oneself/another or impede the owner's recovery. Felony (165.45+): same intent, where value exceeds $1,000, or it is a credit/debit/public-benefit card, or it is held by a pawnbroker/dealer, or it is one or more firearms.

10) What are the different ways to commit Theft of Services?

Using a stolen credit/debit card for service; dine-and-dash or hotel/hospitality nonpayment; transportation fare evasion; evading payment for telecom/cable/gas/utility service; phone service via a cancelled/revoked access device; tampering with meters; receiving diverted metered service; tampering with public utility service; evading admission to a theatre/concert/ski lift; wrongful use of commercial labor or equipment; evading payment for computer services; and evading payment in barber/beauty shops.

11) Ways to commit the identity/possession offenses.

12) What information must officers consider for probable cause for identity theft?

A person's name, telephone number, date of birth, or any information usable to assume another's identity; any number or code usable to assume an identity or access another's financial resources/credit; and any reports or documents showing the victim did not open the accounts alleged.

13) Ways to commit impersonation and forged-instrument offenses.

1) Define the following terms.

2) Ways to commit trespass, burglary, and possession of burglar's tools.

3) Ways to commit criminal mischief, graffiti, and arson offenses.

Practical Exercise (analysis).

For the Sarah Paxton fact pattern, although the victim says she was "robbed," the correct classification is Burglary (her dwelling was entered unlawfully while she was away) together with Grand Larceny — the white-gold ring with an emerald ($1,100) alone exceeds the $1,000 threshold. It is not a robbery because no force or threat was used against a person. Complete the Complaint Report Worksheet and the Complainant's Report of Lost/Stolen Property on the provided blank forms, itemizing each stolen item and its value.