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532 Cards in this Set
- Front
- Back
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What is the most commonly used substance by school-aged children in NJ? |
Alcohol |
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School officials will immediately notify the law enforcement officials when there's reason to believe that...? |
- That a firearm has unlawfully been brought onto school property. -That any student or other person is in unlawful possession of a firearm, whether on or off school property, or -that any student or other person has committed an offense with or while in possession of a firearm, whether or not such offense has been committed on school property or during operation hours. |
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Is it necessary to report the seizure of Swiss-army styles knives? |
While it is generally not necessary to report the seizure of small pen knives or swiss- army style knives, it is understood and agreed that law enforcement officials will be notified of the seizure of any switchblade, gravity, or ballistic knife, stun gun, metal knuckles, or any destructive device. |
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What are the three categories of disclosure to school officials? |
-Permissive disclosure during an investigation (NJSA 2A: 4A-60e) - Disclosure following a charge at the principal's request (NJSA 2A: 4A-60c(3)) -Required disclosure following a charge in certain circumstances (NJSA 2A: 4A-60d) |
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What information should be promptly provided to school officials by the law enforcement agency or the County Prosecutor when a juvenile has been charged with an act of delinquency? |
-The identity of the individual -The offense charged -The adjudication and the disposition of the case |
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When a student is arrested off of school grounds during schools hours, does the arresting officer have to inform the principal of the arrest? |
Yes, the arresting officer must notify the building principal of the school where the student is enrolled as soon as is practicable |
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Can a school official direct an officer to conduct a search of a student on school property? |
No law enforcement officer shall direct, solicit, encourage or otherwise actively participate in any specific search conducted by the school officials unless such search could be lawfully conducted by the law enforcement officer acting on his or her own authority in accordance with the rules and procedures governing law enforcement searches, |
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Who must approve the placement of an undercover officer as a certified member of the school community? |
No undercover school operation should be conducted which entails the placement of an undercover officer as a certified member of the school community without prior written approval of the Attorney General with notice given to the Commissioner of Education, or in the case of non-public schools, the chief school officer. |
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who can approve the exemption from the general rule prohibiting the bringing of firearms onto school property? |
The law enforcement officer's superior |
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All requests by school officials for law enforcement agencies to provide for a uniformed presence at any school event should be directed to whom? |
Local police or liaison, local chief executive officer of the law enforcement department or agency having patrol jurisdiction. |
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Whenever a school employee seizes or comes upon any firearm or dangerous weapon, the school officials shall: |
-Immediately advise law enforcement -Secure the firearm or weapon pending the response of the law enforcement. -Take reasonable precautions to prevent the theft or destruction of the weapon |
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Who is responsible for coordinating and approving all undercover activities taking place on school grounds? |
All undercover, surveillance and "clean sweep" narcotics operations taking place on school property shall be coordinated and approved by either the county prosecutor or the Attorney General |
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What is the protocol for requesting an undercover operation at the school by the school principal? |
All requests by school officials to undertake an undercover school operation should be directed to the local chief police or where appropriate, to the superintendent of State Police |
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Is it the above request confidential? |
Yes; Any request to undertake an undercover school operation shall be not made public by either the requesting school official or the law enforcement agency receiving the request. |
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Can an undercover school operation take place without the permission of the school principal? |
In the absence of compelling or exigent circumstances, no undercover operation shall be conducted in or on school property unless the appropriate school authorities have been consulted. |
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Can a law enforcement agency request an undercover operation at the school or must it be initiated by the school principal? |
A law enforcement agency can propose an undercover operation and shall advise the building principal and local superintendent of the nature of the propose operation and shall, to the extent possible, explain the reasons why the operation is necessary and appropriate |
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Is it required for the law enforcement agency to provide a copy of the undercover plan to school principal prior to the initiation of the operation? |
It shall not be necessary or required for the law enforcement agency proposing the undercover school operation to provide a copy of the confidential plan to the building principal or local superintendent. |
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Who is ultimately responsible for the results of the operation? |
The County Prosecutor authorizing the operation or the Attorney General shall remain ultimately responsible for all aspects of the operation and shall be kept abreast of all undercover activities. |
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For statistical purposes, who must have a copy of the operation plan? |
For statistical and record keeping purposes and to facilitate the development of model plans, a copy of each approved undercover school operation plan shall be transmitted to an maintained by the Statewide Narcotics Task Force. |
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Must the identity of an undercover officer be divulged to the school principal prior to commencement of the operation? |
Yes; The building principal and local superintendent shall be informed as to the identity of any person assigned to an undercover investigation unless there are compelling reasons, as determined by the Attorney General, not to inform either of these officials |
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Who must approve the placement of an undercover officer as part of a school community? |
No undercover school operation should be conducted which entails the placement of an undercover officer as a certified member of the school community without prior written approval of the Attorney General with notice given to the Commissioner of Education, or in the case of non-public schools, the chief school officer.
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Can an undercover officer involve a teacher as part of their undercover investigation? |
No undercover officer shall engage in any activity or conversation which would require any teacher or school official to violate or compromise a trust relationship with any student. |
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Can a police officer, for his safety, bring a service weapon into the school while conducting a routine undercover operation? |
In general, an undercover officer should not carry a firearm or otherwise bring onto or maintain a firearm on school property. Supervisor must approve the carrying of a firearm |
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At the conclusion of an undercover operation, what reports must be filed and with whom? |
Following the termination of every undercover school operation, the county prosecutor OR the Assistant Attorney General in charge of the Statewide Narcotics Task Force shall prepare a post-operation report which shall be transmitted to the Attorney General |
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What is a suggested strategy for the arrest of a student during school hours? |
When affecting any spontaneous arrest on school property during operating school hours, every reasonable precaution should be taken to minimize the disruption of the school environment to the greatest extent possible consistent with the requirements of public safety. |
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Shall an officer making an arrest of a student on school grounds notify the school principals? |
Whenever a student has been arrested on school property, the law enforcement officer or agency involved shall notify the building principal before the student has been taken off of the school property. Where the student is a juvenile, all information shall be provided to the building principal on confidential basis. |
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Must an officer have probable cause to search a student on school grounds? |
Yes; Searches conducted by law enforcement officers must be based upon probable cause and must be authorized by a search warrant issued by a neutral and detached judicial officer. |
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Can school principal conduct searches without the aid of a police officer? |
Yes; Searches conducted by school officials are based on a legitimate interest in maintaining discipline, and thus have the inherent, independent authority to conduct a investigation of suspected rule infractions and to subject students and student property to reasonable searches. School- reasonable; Police- probable |
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Can a school official direct an officer to conduct a search of a student on school property? |
No law enforcement officer shall direct, solicit, encourage or otherwise actively participate in any specific search conducted by the school officials unless such search could be lawfully conducted by the law enforcement officer acting on his or her own authority in accordance with the rules and procedures governing law enforcement searches. |
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If there are questions regarding authority or matters involving searches, to whom should school officials direct their inquiries? |
Any questions by school officials concerning the legality of any contemplated or ongoing arrest, search or seizure conducted by a law enforcement officer on school property should be directed to the appropriate county prosecutor, or in the case of an arrest, search or seizure undertaken by a member of the Statewide Narcotic Task Force, to the Assistant Attorney General in charge. |
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What must exist in order to demand a urine specimen from a sworn law enforcement officer in accordance with the Drug Testing Policy? |
Reasonable suspicion that the officer is illegally using drugs should exist. |
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Can the tests be ordered if a random selection is established? |
Yes; Urine specimens may be ordered from sworn law enforcement officers who have been randomly selected to submit to a drug test. |
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What should the agency prepare in order to order a drug test based on reasonable suspicion and who must review it and approve it prior to affecting it? |
The agency shall prepare a written report documenting the basis for reasonable suspicion. The county prosecutor or the chief executive of the law enforcement agency shall review this report before the test may be ordered. A verbal report can be acceptable under emergent circumstances. |
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What is the consequence for a police officer that refuses to submit to a drug test after reasonable suspicion has been established? |
Officers who refuse to submit to a drug test based on reasonable suspicion after being lawfully ordered to do so are subject to the same penalties as those who test positive for the illegal use of drugs. |
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What happens if there's no member of the same sex available that will serve as monitor of the specimen acquisition process? |
The agency may request that a member of the same sex from another law enforcement agency serve as monitor for the process if none is available. |
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Can a Union representative be present during random selection process? |
Yes; A representative of the collective bargaining unit(s) is permitted to witness the selection process. |
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What consequences, if any, can take place if someone discloses the identity or the random selection of an officer prior to the collection of a urine test? |
Any member of the agency who discloses the identity of an office selected for a random testing or the fact that a random selection is scheduled to take place prior to the collection of urine specimens shall be subject to discipline. |
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Is privacy during the collection of a urine specimen allowed? when? |
The monitor of the specimen acquisition process shall be responsible for collecting specimens in a manner that provides for individual privacy while ensuring the integrity of the specimen |
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Throughout the drug testing process, is the identity of the subject protected? |
Throughout the test process, the identity of individual applicants, trainees and sworn law enforcement officers shall remain confidential. |
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Who approves the equipment used for the collection of urine specimens? |
Specimens will be collected utilizing equipment and supplies approved by the State Toxicology Laboratory. |
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If an individual is unable to produce a urine specimen, what can the monitor allow him to do? |
While the individual is under supervision, the monitor may allow the individual to drink fluids in an attempt to induce the production of a specimen |
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What option is allowed to the officer being tested during the taking of the urine specimens? |
Trainees and sworn law enforcement officers shall have the option to provide the monitor with a second urine specimen at the same time the first specimen is collected. |
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What are the consequences of a positive urine test for an applicant? |
- Immediately removed from consideration for employment by the agency; -Reported to the Central Drug Registry maintained by the Division of State Police by the law enforcement agency to which the individual applied; and -Precluded from consideration for future law enforcement employment for a period of two years. - Where the applicant is currently employed by another agency as a sworn law enforcement officer, the officer's currently employer shall be notified of the positive test result. Under these circumstances, the officer's current employer is require to dismiss the officer from employment and also report his her name to Central Drug Registry. |
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What are the consequences when the applicant refuses to submit to a drug test? |
Applicants who refuse to submit to a drug test during the pre-employment process shall be immediately removed from consideration and barred from consideration period of two years and reported to Central Drug registry |
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What are the sanctions available when trainee at the academy refuses to be tested? |
Trainees who refuses to submit a drug test shall be terminated from law enforcement employment and permanently barred from future law enforcement employment in New Jersey and reported to Central Drug registry |
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What are the sanctions if the refusal comes from a law enforcement officer who is being tested because reasonable suspicions? |
Sworn law enforcement officers who refuses to submit to a drug test ordered in response to reasonable suspicion or random selection shall be immediately suspended from employment. |
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What level of confidentiality shall be maintained for drug testing records? |
Drug testing records shall be maintained with a level of confidentiality required for internal affairs files pursuant to the New Jersey Internal Affairs Policy and Procedures |
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What outside agency shall be notified of a positive drug test? |
Every Law enforcement agency shall notify the Central Drug Registry maintained by the Division of State Police of the identity of applicants, trainees and sworn law enforcement officers who test positive for the illegal use of drugs or refuses an order to submit a urine sample. |
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When does a school official need to provide a Miranda warning before questioning a student? |
When the questioning is at the request or suggestion of the police |
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What does the legality of a search conducted by school official depend on? |
The reasonableness of the search |
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What two inquiries must the school official satisfy for the search of the student be reasonable? |
1- The intended search must be justified at its inception 2- The actual search must be reasonable in its scope, duration and intensity. |
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What are the four steps in the analytical process? |
1- A law or school rule has been broken 2- A particular student(s) has committed the violation ( identities known) 3- The violation is a type for which there may be physical evidence, and 4- The sought evidence would be found at a particular location associated with the student suspected |
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Are school officials permitted to conduct strip searches? |
No |
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The rules governing searches by law enforcement officials are ____________ than those governing school officials |
much more stringent |
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For the police to search a minor;s property, what is recommended? |
Reasonable effort to locate a parent(s) or guardian(s) and obtain their permission to conduct a consensual search |
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Can school officials give police permission to search a student locker? |
No |
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If the school obtains consent from a parent or guardian to search and the student objects, should the search proceed? |
No- it is recommended that the search be stopped and application for search warrant be sought if applicable |
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When the police arrive to take custody of a substance or paraphernalia from school official, what information is the school official require to provide? |
All known information concerning the matter including the identity of the student or staff member involved |
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For a student to use the amnesty feature that allows school officials to withhold the identities of those students from whom drugs were obtained he/she must |
- Voluntary and on his or her own initiative turned the drugs over to a teacher or counselor; and - Agreed yo accept help from school's substance abuse program, and - There is no indication that the student was involved in drug distribution or " dealing " activities |
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When a trained narcotics detection K-9 indicates a positive alert on a student's locker, may the police immediately open it? what is recommended the officials to do? |
No, the law enforcement officer is not permitted to open the locker in response to the dog's alert. The official should: - Apply for a search warrant (or) -Conduct further investigation (or) - Obtain consent to search from the student and/or the student's parents |
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Does an alert by a properly trained narcotics detection K-9 constitute probable cause? |
Yes |
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May school official impede any law enforcement officer engaged in a lawful search, seizure or arrest, whether with a warrant or otherwise? |
No |
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What is the principal purpose of school officials deploying security cameras? |
Deter unlawful activity and disruptive behavior |
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Can school officials use listening or sound-enhancing devices to listen in on conversation of students suspected of engaging in unlawful activity? |
No |
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The use of a drug or explosive-detection dog to conduct a sweep examination in a school is approved by? |
County Prosecutor |
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Can a school official order a police officer to conduct a search? |
No- A school official has no authority to order a police officer, other than one employed by the district, to conduct a search |
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If a gun is found in a desk by a school official, is it a proper response to pick it up and hide it for safekeeping? |
No- The correct response is to notify the principal or superintendent and to watch over the weapon to make certain that no one else takes or use it until the police arrives |
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What device is permitted in schools since it poses only a minimal intrusion on any protected privacy interest? |
Metal Detectors |
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The "Internal Affairs Policy and Procedures" require police department to accept complaints from whom? |
Reports must be accepted from anyone (including anonymous) at any time |
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If there is an allegation of criminal misconduct on the part of a police officer who must be notified outside the police department? |
County Prosecutor must be notified when an officer is involved and no further action shall be taken until the county prosecutor directs it |
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What type of report is required by the police department to be made available for public review and what information should it contain? |
Police department must periodically release reports to the public summarizing the allegation received and the investigations concluded for that period. |
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What is the first step outlined in the IA positive disciplinary process? |
The first step toward positive discipline is to emphasize instruction and de-emphasize control |
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What is the primary means of reducing misconduct within police agencies? |
Prevention |
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What is critical in the development of discipline and performance within law enforcement organizations? |
Proper Supervision |
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How can commanding officers become more sensitive to community issues? |
Commanding officer should regularly schedule meetings to discuss community concerns with citizen advisory councils, religious groups, schools, businesses and other community leaders. These meetings helps in identifying potential crises situations and keep channels of communication open with community. |
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What should a good Policy Management System include? |
1. Rules and Regulations 2. S.O.Ps 3. Directives and Orders |
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What are some examples of "Misconduct" within the police department? |
1. Crime: illegal act 2. Excessive use of force 3. Improper arrest 4. Improper Entry onto building or property 5. Improper search 6. Differential treatment based on race, age, appearance, sex, etc. 7. Demeanor involving inappropriate gestures, language, etc. 8. Serious rule infraction such as insubordination, sleeping on duty, drunkenness, malingering, neglect of duty, etc. 9. Minor rule infraction such as tardiness, untidiness, faulty driving etc. |
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What are the steps of Progressive Discipline? |
1. Oral reprimand 2. Written reprimand 3. Monetary fine 4. Suspension without pay 5. Loss promotional opportunity 6. Demotion 7. Discharge from employment |
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The fundamental responsibility for direction and control of personnel rests with which level authority; the Police Executive or the Supervisor? |
Supervisor |
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What types of discipline may supervisors be permitted to impose during the performance of their daily duties? |
Based on the size and needs of the agency, supervisors may be permitted to: -Impose specific disciplinary measures (subject to approval of the law enforcement executive) including oral reprimands or performance notices, written reprimands and suspensions - Make written recommendations for other disciplinary actions |
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What are the duties and responsibility of the Internal Affairs Unit? |
- It will conduct investigations of allegations of misconduct and review adjudication of minor complaints handled by supervisors. - It has an obligation to investigate acts of misconduct both on-duty and off-duty as well. |
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What is the primary function of Staff Inspections? |
Although the enforcement of polices is the primary responsibility of line supervisors, management must ensure that policies and procedures are followed through the use of staff inspections |
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What is the time line for the filing of administrative charges? |
Administrative charges must be filed within 45 days of the date the person filing the charge obtained sufficient information to file the charge. |
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Can complaints against officers be taken from anonymous sources? |
Yes, anonymous reports of improper conduct by an officer shall be accepted |
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If a person can not come to the station to file a complaint against an officer, should an investigator be sent to the home or allow the complainant to come at a different day and time of his choice? |
Yes, if a complaint cannot appear, an internal affairs investigator shall be assigned to visit the citizen at his home to take the complaint |
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Are supervisors allowed to resolve minor complaints at their level, or should all complaints be handled by the Internal Affairs Unit to prevent ant allegation of cover up |
Supervisors are authorized to informally resolve minor complaints, whenever possible, at the time the report is made. If complaint is not satisfied, the complaint should be forwarded to internal affairs for further action as warranted |
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What are the conditions that at least one of which must be met in order to effect an immediate suspension to an officer involved in misconduct? |
1.The employee is unfit for duty 2. He is a hazard ti any person on the job 3. Is necessary to maintain safety, health, order or effective service 4. He has been charged with a crime of a first, second, third, or fourth degree or a disorderly persons offense while on duty or the act touches upon his or her employment |
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Explain the four types of dispositions in the adjudication of minor complaints? |
1. Exonerated- Incident occurred, but officer's actions were legal. 2. Sustained- Evidence has been shown to probe the allegation and the officer violated a provision of the rules 3. Not sustained - No evidence has been presented to a probe or disprove the allegation 4. Unfounded- The alleged incident did not occur |
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When a preliminary investigation reveals the possibility of criminal acts on the part of the accused officer, who must notified outside the police agency? |
County Prosecutor |
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Are disciplinary hearing confidential or does the public have a right to hear those cases? |
All disciplinary hearing shall be closed to the public unless the defendant officer requests an open hearing |
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How often should an internal affairs unit, prepare reports for the law enforcement executive on all misconduct complaints received by the agency? |
Quarterly |
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To whom should the dissemination of the periodic report from the internal affairs unit be limited to? |
- Command personnel - County Prosecutor - Appropriate authority |
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When a complaint is sustained, what information is required to be in the personnel file? |
-Copy of the administrative charging form -Copy of the disposition form |
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Sexual Harassment, with or without sexual conduct is considered what ? |
- Unwelcome sexual advances - Requests for sexual favors - Other verbal or physical conduct sexual in nature |
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What are the two types of Sexual Harassment? |
- Quid Pro Quo ( this for that) - Hostile Work Environment ( involves working conditions ) |
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Quid Pro Quo includes unwelcome sexual advances and or requests for sexual favors or other verbal or physical conduct based on gender when |
A) Submission to such conduct is made either explicitly or implicitly a term or condition of employment; OR B) Submission to or rejection of such conduct by an individual is used as a basis for employment decisions. |
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Hostile Work Environment includes unwelcome sexual advances and or requests for sexual favors or other verbal or physical conduct of a sexual nature which has the purpose to? |
A) Effect or substantially interfere with an individual's work performance; OR B) Creating an intimidating, hostile or offensive work environment |
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All investigations of sexual harassment shall be conducted in what way? |
To the extent possible that protects the privacy of all persons involved |
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When discrimination or harassment is found to have occurred, what shall the agency involved do? |
Take prompt and remedial action to stop the discrimination or harassment |
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What are the remedial actions that can be considered? |
Counseling, training, intervention, mediation and the initiation of disciplinary action up to and including termination |
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What type of disciplinary action may be taken against persons in violation of this policy? |
Reprimand, suspension, reassignment or termination of employment |
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When advised of an allegation of Sexual Harassment, a supervisor's responsibility would include? |
-Expected to take all allegations seriously -Review complaints and take prompt appropriate remedial action to all substantiated claims - Immediately refer the matter to the person designated or responsible for taking such complaints IA -Must immediately advise the department head |
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Shall written documentation be made of Sexual Harassment complaints? |
Yes |
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Are Sexual Harassment records confidential? |
They should be kept confidential to the extent practicable and appropriate |
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What is the one important thing all persons interviewed pertaining to an allegation of Sexual Harassment are to be directed? |
Not to discuss any aspects of the investigation with others |
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Employees who believe that they have been subjected to any form of prohibited discrimination/ harassment, or who witness others being subject to such are encouraged to report the incident to whom? |
- The person designated by their department head to receive such complaints - Their supervisor or department - Equal employment opportunity/ affirmative action officer |
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What records are not deemed to be public records subject to inspection and available to copying? |
Fingerprints, cards, plates and photographs and similar criminal investigation records that are required to be made, maintained or kept by any state or local government |
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If a reporter calls and request information on an arrest, which has been made in connection to a crime which was reported, and at the time you do not have any of the information at hand, you should provide the information to the report within how many hours? |
24 hours |
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If the information to be examined will jeopardize the safety of any person or jeopardize any investigation in progress, or may otherwise be inappropriate to release, may such information be withheld? |
Yes |
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Who shall promptly resolve all disputes as to whether or not the release of records would be "otherwise inappropriate" between the Custodian of Records and any other person seeking access thereto or similar dispute? |
The Attorney General, as Chief Law Enforcement Officer of the State, or his designee; or where appropriate, the Country Prosecutor, as Chief Law Enforcement Officer of the County |
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Information as to the text of any charges; such as, a compliment, accusation and indictment, can always be released to the public. Yes or no? |
No. The information cannot be released if it is sealed by the Court, or the release of the such information is contrary to existing law, or court rule |
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Can information pertaining to the identity of the investigation and arresting personnel, agency and the length of the investigation, be available to the public within 24 hours? |
Yes |
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To wrongfully disclose statutorily protected information what type of offense? |
Disorderly persons |
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Are "Search Warrants", " Domestic Violence Records" and " Autopsy and Medical Examiner's Records", considered confidential police records? |
Yes |
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Are criminal Investigation Records subject to public disclosure? |
No, they are not |
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What type of records do not contain confidential information and may be shared with non-law enforcement municipal government agencies? |
Employment records |
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Is it a contempt of Court to disclose the existence, or basis for, a search warrant prior to execution? |
Yes |
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All information on police data system must be maintained in such a way that non-law enforcement personnel do not have access to any information that they would not be permitted to see on what? |
A hard copy file |
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Most information stored on a police department computer system will need to be stored on? |
A separate computer system that is not shared with non-law enforcement agencies |
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List two (2) objectives of the Attorney General Guidelines for the Use of Automated License Plate Reader (ALPRs) and Stored AlPR Data |
- To ensure that " BOLO lists" ( the compilation of targeted license plates that an ALPR is "on the lookout"for) that are programmed into the internal memory of an ALPR or that are compared against stored ALPR data are comprised only if license plates that are associated with specific vehicles or persons for which or whom there is a legitimate and documented law enforcement reason to identify and locate, or for which there is a legitimate and documented law enforcement reason to determine the subject vehicle's past location(s) through the analysis of stored ALPR data - To ensure that data that are capture by an ALPR can only be accessed by appropriate law enforcement personnel and only be used for legitimate, specified, and documented law enforcement law enforcement purpose; - To permit a thorough analysis of stored ALPR data to detect crime and protect the homeland from terrorist attack while safeguarding the personal privacy rights of motorist by ensuring that the analysis of stored ALPR data is not used as a means to disclose personal identifying information about an individual unless there is a legitimate and documented law enforcement reason for disclosing such personal information to a law enforcement officer or civilian crime analyst; and - To ensure that stored ALPR data are purged after a reasonable period of time so as to minimize the potential got misuse or accidental disclosure |
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An ALPR shall only be used to scan license plates of vehicles that are exposed to what? |
Public view |
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A license plate number or partial license plate number shall be not included in an ALPR initial BOLO list unless there is a legitimate and specific law enforcement reason to identify or locate that particular vehicle, or any person or persons who are reasonably believed to be associate with that vehicle. List three (3) legitimate reasons |
Examples of legitimate and specific reasons include, but not limited to: persons who are subject to an outstanding arrest warrant; missing persons; AMBER Alerts; stolen vehicles; vehicles that are reasonably believed to be involved in the commission of a crime or disorderly persons offense; vehicle that are registered to or are reasonably believed to be operate by persons who do not have a valid operator's license or who are on the revoked or suspended list; vehicles with expired registrations or other Tittle 39 violations; persons who are subject to a restraining order or curfew issued by a court or by the Parole Board, or who are subject to any other duly issued order restricting their movements; persons wanted by a law enforcement agency who are of interest in a specific investigation, whether or not such persons are themselves suspected of criminal activity; and persons who are on any watch list issued by a State or federal agency responsible homeland security |
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APRL store data shall be retained for a period of ______ years, after which, the data shall be purged from the agency's data storage device or system. |
Five |
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Acess to the use of stored non-alert ALPR data is limited to the following three purpose: a post-scan BOLO query, a crime-scene query, and _____________ |
Crime trend analysis |
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A crime scene query may not be conducted to review stored non-alert data based on general crime patters (i.e, e.g., to identify persons traveling in or around a "high crime area", but rather is limited to situation involving what type of criminal events |
Specific |
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A law enforcement agency may access and use stored non-alert data for purposes of conducting crime trend analysis, as that term is defined in these Guidelines, when such access and analysis is approved by whom? |
Designated supervisor |
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Stored ALPR data shall be treated as what type of record? |
Criminal investigatory records |
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Any complaints about a department's ALPR program, made by any citizen or entity shall be forwarded to whom? |
The appropriate County Prosecutor, or to the Director of the Division of Criminal Justice in the case of a State-level agency, for appropriate review and handling |
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True or False. Any ALPR data may in conformance with these Guidelines be accessed and used by the law enforcement agency that collected the data may be shared with and provided to any other law enforcement agency |
True |
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What are the three principals of a " Centralized Filing System? |
A. The data must be permanent B. The filing system must be secure against damage, destruction or theft. C. The filing system must be accessible to all authorized personnel. |
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Access for entering data should be limited to whom? |
The designated property officer |
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What are the three primary considerations for a law enforcement agencies property storage facility? |
A. Volume and type of property held B. Overall security C. Total available space |
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Ideally the property vault should |
A. Be located within police headquarters which is staffed 24 hours per day, OR B. Located in an area which is completely secure from unauthorized access. |
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How many entrances should the property vault have? |
One |
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The Chief law enforcement officer should delegate the property control function to? |
One specific officer |
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What are the primary duties of the property officer? |
A. Preservation and safeguarding of all property B. Disposition of all property |
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The property officer's duties, responsibilities should be clearly defined by what? |
Department rules and policies |
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Access to evidence and the property vault must be restricted to __________ and ___________? |
A. The property officer B.One other officer/ preferably the property officer's supervisor |
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When should there be a complete audit of stored property? |
A. When ever there is a change in the property officer, unit supervisor, chief law enforcement officer or any other personnel with responsibility over access to the property B. If there is any indication or suspicion of a breach of integrity in the property system C. Routine annual basis |
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Seized property may be disposed of how? |
A. Destruction B. Public Sale or auction |
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Found property may be disposed of how? |
A. Returning it to owner B. Returning it to finder C. Destruction D. Public sale or auction |
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When stolen property comes into the custody of police, law enforcement agencies may release the property to the owner once________? |
A. The police enter a description of the property into its central filing system, and B. Makes a complete photographic record |
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When a law enforcement agency is satisfied that there is no dispute as to the properties ownership, how soon may it be returned? |
immediately |
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When property is found by a civilian and turned over the police for safekeeping, it may be returned to the finder after___________ if the owner does not claim the property? |
Six (6) months |
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property is subject to forfeiture if it is _______ |
A. Prima-facie contraband B. Used in the furtherance of an unlawful activity C. If it is the proceeds if an illegal activity |
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For property subject to forfeiture, if no criminal proceeding is instituted, law enforcement authorities may seize and hold without court process property which is ? |
Prima-facie contraband OR property which poses an immediate threat to the public health, safety or welfare |
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The DARM documentary records retention schedules for law enforcement agencies such as police departments, county prosecutors and county sheriffs provide that homicide records are______________ |
Permanent |
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In all homicide cases where all defendants have been charged and all of the defendants in the case are ______ , upon proof of death being submitted, a request for destruction authorization may be submitted |
Deceased |
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In cases where no suspects have been identified but a DNA profile has been obtained and submitted to CODIS, or fingerprint evidence has been submitted to AFIS, or there is no statute of limitations, the evidence shall be retained for how long? |
Indefinitely |
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In sex crime cases where no suspects have been identified but a DNA profile has been obtained and submitted to CODIS, or fingerprint evidence has been submitted to AFIS, or in cases where there is no statute of limitations, the evidence shall be retained indefinitely. Who may authorize destruction of this evidence? |
Prosecutor or their designee |
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Any controlled dangerous substance that has been submitted ti a Forensic Laboratory for analysis and has been submitted as Found Property, a request for destruction authorization may be submitted ________ year and one day after it has been submitted to the laboratory upon verification by the submitting agency that no prosecution has been instituted relation to the evidence |
One |
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In firearms evidence cases where the defendant were convicted and no appeals or post-conviction relief motions are pending, after a period of 5 years the date of the conviction or upon the defendants' expiration of sentence, whichever comes later, a destruction authorization may be submitted. If there is a legal owner if the firearm who is not a defendant in the case and is no otherwise legally disqualified from possessing thee firearm, pursuant to any provision of Chapter 58 of the New Jersey Criminal Code, rather than destroying the weapon it should be returned to whom? |
Owner |
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In cases involving juvenile defendants who have been charged, except in Homicides cases, and where there is no referral of the case to another court, with or without the juvenile's consent, a request for destruction authorization may be submitted 4 years after the final adjudication or disposition of all juvenile defendants or upon release from custody, whichever is later. Evidence in juvenile cases which are referred ( waived) to another court, or in which there are adult co-defendants, shall be subject ti the retention periods of what kind of cases? |
Adult |
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The term ________ notes means any notation, whether handwritten, typed, entered into an electronic note-taking device or audio recorded, that describes or memorializes the note taker's personal perception of what transpired in the course of a witness interview or that memorializes the officer's personal observation at the scene of the crime. |
Contemporaneous |
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The term ____ does___ does not include, among other things, notations concerning investigative tasks to be accomplished (i.e., a "to do" list), references to information from outside the interview to be checked against statements made by the witness to verify or dispel the witness's account, possible lines of inquiry, specific questions that were not pursued or actually posed to the witness, and other investigative techniques or deliberative processes. |
Does not |
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Any existing law enforcement policy or practice to destroy contemporaneous notes of a witness interview or of a crime scene observation after the contents of those notes have been incorporated into final report is hereby ______ and prohibited as contrary to the law of this State |
Rescinded |
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When a law enforcement officer during the course of an investigation of a crime conducts or participates in a witness interview, the officer ____ shall ____ shall not retain any original contemporaneous note of the interview that the officer made. |
Shall |
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The officer also shall retain any original contemporaneous notes made of his or her personal observation of the ___ scene |
crime |
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What must a law enforcement officer first obtain prior to applying to a NJ Judge for the issuance of a search warrant |
Authorization from an Assistant Attorney General, Deputy Attorney General or Asst CP |
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Is this same authorization needed when requesting a search warrant in person, by telephone, radio or any other electronic means? |
Yes |
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Whenever practicable, the application for a search warrant should be made to whom? |
Superior court judge |
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How may the approval for authorization of a search warrant application be given? |
Writing -electronically-email-fax-orally-phone-radio |
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What should the applicant for a search warrant submit to the designated attorney for review, prior to actually applying? |
1. Written copy of affidavit 2. Completed and signed application form |
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If the applicant has prepared a written affidavit intended to be submitted to court, but it is not practicable to do so by any other means except orally- how much it be read? |
Verbatim |
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Who is authorized to approve or deny or make approval contingent upon future investigations-prior to it being send to a judge? |
Designated attorney |
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Where shall the application form be placed? |
Prosecuting agencies case file |
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If the application has been declined by a designated attorney or is giving a condition for approval prior to being approved and the applicant is resubmitting- what must the designated attorney be made aware of if he/she is not the same ? |
-Must be told of prior declined -Must be told of prior condition |
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Who should be the officer who contacts the designated attorney for authorization? |
The officer who is the affiant |
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May an employer request the individual to provide written documentation from a qualified professional of the need for accommodation, including a specif description of the individual's functional limitations ? |
Yes |
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Is the employer obligated to provide a reasonable accommodation to "known" disabilities of an otherwise qualified individual with a disability? |
Yes. Therefore, it is the responsibility of the applicant or employee to inform the employer of the need for an accommodation in order to participate in the application/ employment process, to undergo training, to perform the essential functions of the job, and to receive equal benefits and privileges of employment |
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Is a law enforcement executive required to consider reassignment to a different position as a reasonable accommodation? |
One type of reasonable accommodation which a police manager might be able to utilize is reassignment to a vacant position. A law enforcement executive is required to consider reassignment to a different position as a reasonable accommodation only for employees who become disabled and can no longer perform the essential functions of the position for which the employer is hiring, even with other reasonable accommodation. |
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Does an employer have to create a position to provide a reasonable accommodation? |
The obligation to provide reasonable accommodation does not required an employer to create a position, or move another employee from a position to create a vacancy. Likewise, an employer is not required to reassign to a vacant higher-level position or to promote an individual to a position which he/she can perform |
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Does the ADA require an employer to maintain or create light duty positions for purpose of reasonable accommodations? |
No it does not. If an employer does have light duty positions and routinely assigns injured individuals to them, such an assignment would constitute a reasonable accommodation that employer must consider. However, if there is not a light duty position vacant, the ADA does not mandate that an employer create another one. |
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Where should light duty positions be located? |
any light duty positions should be located in an area physically removed from prisoners, arrestees, and members of the public |
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What is the ADA? |
The Americans with Disabilities Act (ADA) is a Federal civil rights law. it gives Federal civil rights protections to individuals with disabilities similar to those provided to individuals on the basis of race, color, sex, national origin, age, and religion |
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What does the ADA protect? |
The ADA covers a wide range of individuals with disabilities. An individual is considered to have a disability if he or she has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment |
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What leave is an employee entitled to under the FMLA? |
Under the FMLA, an "eligible" employee may take up to 12 workweeks of leave during any 12-month period for one or more of the following reasons: A. The birth of a child, and to care for the newborn child; B. The placement of a child with the employee through adoption or fostercare, and to care for the child; C. To care for the employee's spouse, son , daughter, or parent with serious health condition; and D. Because of the serious health condition makes the employee unable to perform one or more of the essential functions of his or her job. |
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What other rights to " eligible" employees have in conjunction with FMLA leave? |
During FMLA leave, an employer must maintain the employee;s existing level of coverage under a group health plan. At the end of FMLA leave, and employer must take an employee back into the same or an equivalent job. |
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Under Tittle VII, what rights do women have to take leave for pregnancy, childbirth and related conditions? |
If an employer offers temporary or short-term disability leave, Tittle VII requires the employer to treat pregnancy and related conditions the same as non- pregnancy conditions. For example, if an employer provides up to 8 weeks paid leave for temporary conditions, the employer must provide up to 8 weeks paid for pregnancy or related conditions |
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If an employer allowed a woman but not a man to take 12 weeks of leave to care fro a newly-adopted or placed child, the man would have a Title ______ cause of action because the employer administered family leave in a discriminatory way based on gender |
VII |
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Beginning July 1, 200, New Jersey law will provide up to ______ weeks of Family Leave Insurance benefits. Benefits are payable to covered employees from either the New Jersey State Plan or an approved employer-provided private plant to:
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Six (6) |
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What must a criminal justice agency do to place information in an intelligence system and disseminated intelligence? |
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In order to store information in an intelligence system, what conditions must be met? |
Information has to be evaluated, classified and dated. It also must be reviewed, updated or purged |
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who serves as the Chief Law enforcement Officer in New Jersey ? |
Attorney General |
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What are exempted from public access in the Open Public Records Act? |
Criminal Investigatory Records |
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What is required when intelligence information is disseminated? |
Intelligence information can only be disseminated to law enforcement agencies that have adopted proper guidelines and an audit trail or dissemination record |
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In regards to the security of intelligence information, when must it be kept ? |
A physically secure area that is restricted to designated authorized personnel |
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Which agency has been designated by the New Jersey State Attorney General's Office as the agency responsible for the coordination of all "tips and leads" including all other homeland security initiatives related to suspected domestic and international terrorist activity occurring within the state of New Jersey? |
The Office of Homeland Security and Preparedness |
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What is the goal of this directive? |
The goal of this directive is to provide a protocol for receiving , reporting, and investigating a tip or lead and to provide a process that enables the constant flow of information among local, state, and federal enforcement authorities. |
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What is the CCTC and MCTC and what do they do? |
The New Jersey Office of Homeland Security and Preparedness has established a structured system of contact personnel identified as County Counter-Terrorism Coordinators (CCTC), and Municipal Counter Terrorism Coordinators (MCTC). The CCTC serves as the point of contact for the Country Prosecutors Office. The MCTC serves as the means for communication between the municipal police agency and the CCTC for all terrorism and homeland security matters. Each local law enforcement agency shall designate one primary MCTC and one secondary MCTC |
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Tips and leads are defined as what? |
Tips and leads are defined as any suspicious activity, incident, or action that may present as a possible link to terrorism ( either domestic or international) and/ or compromise homeland security |
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Police departments should ensure that all tips and leads are reported to the County Counter Terrorism Coordination (CCTC) as soon as possible, but not later than ________ hours or next business day after the initial tip or lead is received |
24 |
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Emergent matters and public safety concerns should be reported when? |
Immediately |
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If the case is being pursued federally, the CCTC will contact the agency involved directly and advise the MCTC. If the subject has committed a criminal offense under New Jersey state law, the municipality shall do what? |
The municipality shall continue the investigation and pursue criminal charges unless otherwise advised by the FBI-JTTF or OHSP |
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If the municipal agency discovers additional information during its criminal investigation that may show a nexus to terrorism, the MCTC must do what? |
The MCTC must contact the CCTC immediately so that the new information can be forwarded to OHSP. OHSP will forward the new information to the FBI-JTTF for further review |
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Who is the central point of contact to receive, share, collect and distribute terrorism related material to a police agency, including any intelligence and/or information bulletins? |
MCTC |
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A special event is defined as what? |
A planned, non-emergency gathering occurring in particular interval of time that generates increased public awareness |
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Rules and regulations are typically what in nature? |
Broad |
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Rules and regulations are considered what, which outline the acceptable and unacceptable behavior of personnel? |
Guidelines |
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A document detailing the performance of a specific activity or method of operation is known as what? |
Directive |
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What three types of orders are examples of directives? |
General Order, Special Order and Personnel Order |
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A general order is broadly based and deals with ______ and ______, affecting one or more organization subdivisions of the department. |
Policy and Procedure |
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An order that deals with specific circumstances or events is known as a ________ Order. |
Special |
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Special orders are usually ___________ |
self-canceling |
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What type of order initiates and announces changes in assignment, rank or status or personnel? |
Personnel Order |
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What are detailed statements of procedures covering various aspects of day to day police operations ? |
Policies |
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Any written or oral directive issued by a supervisor to any subordinate or group of subordinates in the course of duty is called what ? |
An order |
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What are the supervisor's responsibilities in the department? |
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Supervisors shall not assign to duty or allow to remain on duty an employee whose ______ is questionable due to use of ____________? |
Fitness for duty / alcohol or medication |
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A progressive discipline scale can include what nine steps? |
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To ensure that inadvertent verbal cues or body language do not impact a witness, the Attorney General Guideline on Photo ID and Lineups suggests that whenever possible a person other than _______ should conduct the photo or live lineup |
Primary Investigator |
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What should the witness be advised or instructed of prior to the photo or live lineup procedures starting? |
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When possible, how should the photo or live lineup be presented or conducted? |
Sequentially |
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In putting the photo or live lineup together, the person administrating the procedure should ensure what ? |
That the lineup is comprised so the suspect does not unduly stand out |
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Is complete uniformity required of all the suspects features? |
No |
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In a photo or live lineup, how many suspect photos should be placed in each identification procedure? |
One |
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In a photo lineup, what is the minimum number of fillers that should be used per procedure |
Five (5) fillers and 1 suspect |
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In a live lineup, what is the minimum numbers of fillers that should be used? |
Four (4) |
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If a simultaneous photo lineup is used, what three things need to be documented in writing? |
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When presenting a sequential photo lineup, aside from the normal instructions given to the witness, the administrator should provide what four additional viewing instructions ? |
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When conducting a sequential or simultaneous live lineup, aside from documenting certain information in writing, how else should the procedure be documented? |
Photo or Video |
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In the seizure of residential property, what does least intrusive mean? |
When a prosecuting agency seeks to forfeit a residential property, the least instructive means that will preserve the property for forfeiture shall be employed |
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What is the minimum value of property that would require court approval prior to forfeiture? |
10,000 |
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Forfeiture is a __________that seeks to take unlawfully obtained proceeds and to take instrumentality used to aid in criminal activities? |
Remedy |
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Is it legitimate to negotiate a forfeiture settlement when negotiating a criminal disposition? |
Yes |
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What is forfeiture of public office mandated for? |
- Any offense that touches upon the defendant's office, -For a conviction for any crime of the third degree or greater.
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Forfeiture of office,upon conviction, occurs in what three ways? |
Method 1: When prosecutor immediately moves for forfeiture of office upon conviction Method 2: when the forfeiture is based upon a conviction of an offense in another state of the United States and the country prosecutor, or the attorney general makes an application to order forfeiture of public offense Method 3 : When the issue of forfeiture has not been raised at the time of finding of guilt and courts may order forfeiture after application has been made by the attorney general, county prosecutor or the defendants public employer |
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Under the statute, waiver of forfeiture of office is permitted in what cases? |
In cases where a defendant is convicted of either a petty disorderly or disorderly persons offense that involves dishonesty, or that has touched his public office. The county prosecutor or attorney general may make application for this waiver to the Court. The court may grant the application if good cause is shown. |
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Some problems arise when applying NJSA 2C:51-2(e). what are some of these problems? |
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Electronic recordatin of stationhouse confessions should be done for what types of crimes? |
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Is it recommended that electronic recordation be done by what means? |
Video |
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For a serious crime if no electronic recordation is done, what is the officer taking the written statement required to do? |
Document the reason why it was not done and inform the prosecutor's office |
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The electronic recordation interim policy is binding on who? |
All law enforcement agencies in NJ |
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Electronic recordation of a suspect final statement may be done with or _________ the express permission of the suspect |
without |
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Name the states whose toll transportation agencies formed a regional consortium to offer the E-Z Pass Electronic Toll Collection technology. |
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N.J.S.A. 39:3-33 permits the operation of motor vehicles whose license plate frame conceals any part of any marketing imprinted in the vehicle's registration plate. True or False |
False |
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What directives did the NJ Attorney General issue to accommodate those vehicles with exterior mounted E-ZPass tag? |
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The new insurance fraud law requires a person charged with a violation of NJSA 39:3-29 to produce proof of insurance to a law enforcement agency within how many hours? |
24 |
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Failure of a person charged under 39:3-29 to produce proof of insurance, will result in a ________ for the immediate impoundment of the vehicle. |
Warrant |
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A police officer must fill out a certification form to obtain a warrant of impoundment. The form must be complete. if the _______ is missing, the court will not consider the application |
VIN # |
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If a person is charged with failure to posses and exhibit proof of insurance, what must the charging officer provide to the person charged? |
A written notice of possible impoundment |
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If the vehicle is impounded pursuant tot this guideline, who is responsible for the costs of removal and storage of the vehicle |
The registered owner |
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In 2004. H.R. 218 allowed full-time active duty and retired law enforcement officers who met specific criteria to carry concealed firearms anywhere through the nation without having to obtain state permits to do so. Does the right to carry concealed firearm under H.R 2018 imply the officer;s right to exercise police powers outside their respective jurisdiction? |
No. While on personal business, police officers are ordinary citizens who happen to have the right to carry concealed weapons as a result of H.R 218. |
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According to NJ Attorney General Guidelines regarding the Law Enforcement Safety Act of 2004, agencies of full-time active duty police officers in New Jersey are asked to encourage/ discourage allowing officers to take their agency issued weapon out of state? |
Discourage |
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According to NJ Attorney General Guidelines regarding the Law Enforcement Safety Act of 2004 it is recommend to advise an outside jurisdictional officers who are in New Jersey on personal business that if they happen upon a situation requiring police intervention they should _________? |
Call the appropriate state, county or municipal department to respond |
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Under H.R. 218 in order for a regular police officer to be eligible to carry a firearm anywhere in the United States he/she must be a governmental employee authorized by the law to engage in or supervise the prevention, detection, investigation or prosecution of, or incarceration of any person for, violation of law, and who has statutory powers of arrest. What additional criteria must be met? |
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What items are not authorized according to H.R.218? |
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In addition, a police officer cannot carry a firearm under H.R. 218 if |
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How soon should next of kin be notified in the event of a death? |
In-person death notification shall be made to next of kin as soon as possible after the death is discovered and victim's identify is determined |
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How many officers should respond to effect a death notification? |
To the extent possible, two officers should be used to effectuate the in-person notification, and one of them should be in uniform |
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If not more than one officer is available, what other alternatives should the police department employ when making the notification in person? |
If not more than one officer is available, a police officer should secure the accompaniment of a neighbor, relative or friend, clergy or the County Victim-Witness coordinator, when possible, to effectuate the two person notification |
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Who notifies the Crime- Victim Coordinator in the event of a death? |
The county Prosecutor's homicide or Major Crime Unit should notify the County Victim-Witness Coordinator of all sudden deaths as soon as possible |
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What two thins should be discussed with victims of a crime? |
Victims should be provided with information about compensation and the criminal justice process |
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Must victims be notified of any arrest or pre-trial releases? |
Yes; Victims shall be advised of any arrest and pre-trial release as soon as possible |
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Can victims be notified by the phone of the above? |
Yes; Upon the arrest of an offender for the commission of an offense, the arresting police agency should immediately notify, by telephone or by personal contact, the victim of the apprehension and detention of the offender |
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How soon should notifications of offender releases be made to the victim of a crime? |
Immediate telephone notifications, upon release of an offender to victims of the crimes of a relating to Homicide, Arson, Robbery, Domestic Violence, Death by auto, Aggravated Assault, Sexual Offenses, Child Abuse or attempts to commit said offenses Telephone notifications withing forty-eight (48) hours, upon the release of an offender, to victim of all other offenses |
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Who is responsible for the notification of the victim of a release or escape of an offender during the weekend? |
If release occurs during nights, weekends and holidays, the county jail staff should immediately notify the arresting/investigating police agency of the impending release of the designated defendant. The arresting/investigating police agency should then notify the victim as soon as is reasonably possible |
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Should victims be accompanied at photo-lineups? |
Yes, Victims should be accompanied to line-ups, photo review sessions, body identifications and medical examinations required for evidence |
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Are interpreters allowed when the victim does not speak English? |
Yes; An interpreter should be made available where the victim does not speak English or is hearing impaired |
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What is the time line for the return of property to victim of a crime? |
Property returns should be accomplished within 30 days of recovery by law enforcement unless evidentiary requirements prohibit it (not applicable to firearms or contraband) |
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Property retained for prosecution should be returned no later than ____ days of the judgment of conviction. What is the exception? |
Property retained for prosecution should be returned as soon as possible but not later than 45 days of the judgement of conviction unless evidentiary requirements pertaining to an appeal prohibit it ( not applicable to firearms and contraband) |
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Prosecutors are required to initiate a speedy trial when the victim is of what age? |
13 years or younger |
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What is the one requirement of a municipal prosecutor in writing to the municipal judge during the trial of a case involving a violation of tittle 39? |
The municipal prosecutor is to inform the municipal court judge in writing, during the initial appearance of a defendant, of the death of any person |
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Motor vehicle crashes involving death or serious bodily injury, shall be reported by the police to whom? |
County Prosecutor |
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A victim Notification from (VNF), DCJ Revised 3-10-05, shall be completed by a law enforcement officer under what circumstances? |
When either an indictable offense or a domestic violence offense has been reported |
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How is the VNF and contact information provided by the victim to be kept? |
Confidential and are not discoverable |
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Immediately following an offender's arrest, who should notify the victim or victim's family of the arrest? |
The law enforcement agency making the arrest ("arresting agency") |
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Notification of an offender's change of custody shall be facilitated through NJ VINE to the victim or victim's family within _______ hours of the release when the offender is charged with homicide, vehicular homicide, sex offenses, robbery, carjacking, aggravated assault, arson, domestic violence offenses, kidnapping, child abuse or stalking. Notifications of the victim of the release of an offender charged with other offenses shall be made within _______ hours after release from custody. |
24, 48 |
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Once the offender has been committed to a county correctional facility, it is the responsibility of _________ to notify the victim of any change in the custody of the offender. |
That facility |
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If a law enforcement officer attempts to notify a victim of an offender's release, a copy of the update VNF showing those attempts and contact must be _________ to the respective County Prosecutor's Victim- Witness Coordinator or, when appropriate, to the Division of Criminal Justice Victim-Witness Coordinator |
Faxed |
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Who will make the updates to the victim? |
Updates to victim information will only be made by the Victim-Witness Coordinators in each county or, when appropriate, by the Division of Criminal Justice Victim-Witness Coordinator |
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The New Jersey VINE system is designed to provide notifications to registered victims concerning an offender's _________ from custody or the offender's _______ from one correctional facility to another. |
Release, transfer |
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The victim of sexual assault is eligible for the sexual response teams services when which 3 criteria are met? |
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May a sexual assault victim have the opportunity to have a rape care advocate present during the investigative process? |
Yes |
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In every reported incident of sexual assault, the responding officer will obtain basic information about the incident, and then inform the victim of his or her right to immediate _________ and the value of immediate evidence collection |
Medical attention |
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In any sexual assault case where the victim seeks in a county other than the one in which incident occurred, what should law enforcement in the County where the incident occurred do? |
Respond whenever is possible |
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At the conclusion of the medical forensic examination, a law enforcement officer will take custody of the sealed _______ and _________ |
Sexual assault forensic evidence collection kit and any other evidence collected during the forensic examination |
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Every victim of sexual assault who reports the incident within ___________ days of when it occurred is entitled to request a sexual medical forensic examination for the purpose of identifying injuries and collecting forensic evidence? |
5 |
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Who is to be contacted whenever there is a reasonable cause to believe that a person under the age of 18 has been sexually assaulted bu a co-habitant, a caretaker, or someone in a supervisory role? |
Division of Youth and Family Services (DYFS) |
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May a law enforcement agency require a crime victim of an alleged sexual offense to submit to a polygraph or other truth telling device? |
No law enforcement agency or officer in the State shall ask or require an adult, youth or child victim of an alleged sexual offense as defined in N.J.S.A 2C 14-1 et seq. to submit to a polygraph examination or other truth telling device as a condition for proceeding with the investigation of an offense |
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If the victim refuses to take a polygraph exam, may the investigation and prosecution continue? |
The refusal of a victim to submit to a polygraph examination or other truth telling device shall not prevent the investigation, charging or prosecution of an alleged sexual offense |
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Who is recommended to notify the next of kin of a death in person? |
It is recommended that law enforcement officers, preferably those involved in the investigation, notify the next of kin of the death in person. Utilize two officers to effectuate the in-person notification function, and that one of them be in uniform |
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Can the notification be made by phone if necessary? |
At no time should survivors be notified of the death by telephone. |
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How many officers should respond to make the notification |
Utilized two officers to effectuate the in person notification function, and that one of them be in uniform |
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How soon should the notification be done? |
Notification of the next of kin should occur as soon as possible after the death. |
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What is the preference in terms of dress for the responding officers? |
In Uniform; Although appearance of a uniformed officer at their home may cause trauma to the survivors, the uniform itself is an identification that prevents confusion. Thus, survivors will be more likely to be put at ease to answer the door and permit entry |
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What should be done to the person's clothing who expires in the hospital ? |
If a victim is brought to a hospital, care should be taken to preserve and label the package containing the victim's clothing and personal effects. |
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In the case of a suicide, should all information be available to the next of kin? |
Upon request, all information pertaining to a suicide or an accidental death should be made available to the victim's next of kin. |
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Who should provide the information to the next of kin when the case involves a homicide or a death by auto? |
Information pertaining to homicide, including death by auto, and suspicious deaths should be made available by the County Prosecutors Office to the victim's next of kin upon their request provided that the release of the requested information will not jeopardize a criminal investigation |
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Who provides information to the next of kin regarding the autopsy? and by when? |
Autopsy information is available to the victim's next of kin upon their written request to the State or County medical examiner. Autopsy reports prepared by the medical examiner are generally available within thirty (30) days of the autopsy, however, toxicology reports may take longer. In cases involving homicide, death by auto and suspicious death, it is recommended that the medical examiner consult with the county prosecutor prior to releasing autopsy information |
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Is there a clearly defined procedure for the dissemination of information that can be provided to the victim's next of kin? |
Yes, there's are guidelines |
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What is the time frame allowed for the initiation of a preliminary investigation of a juvenile or adult reported missing? |
Agencies shall conduct a standard preliminary investigation as soon as a juvenile or adult is reported missing or an unidentified person is found and prepare a standard police incident report. |
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What procedure must be followed upon the return of missing persons? |
Upon the return or locating of the missing person the record shall be immediately cleared from the National Crime Information Center (NCIC) missing persons file. |
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What does VICAP do for law enforcement officers? |
Violent Criminal Apprehension Program(VICAP) provides all law enforcement agencies reporting similar patterns of violent crimes with the information necessary to initiate coordinated multi-agency investigations |
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When should VICAP be used most? |
In cases where investigation reveals that a missing person or unidentified person has been a victim of a violent act, use of the Violent Criminal Apprehension Program (VICAP) should be explored |
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What is the ViCAP mission? |
ViCAP's missiom is to facilitate cooperation, communication, and coordination between law enforcement agencies and to support efforts by law enforcement to investigate, identify, track, apprehend, and prosecute serial offenders |
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The ViCAP database has the nation's most comprehensive collection of information related to what? |
Solved and unsolved crimes |
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The ViCAP database may now be accessed directly via what? |
The internet |
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The ViCAP database enables law enforcement agencies in diverse geographic areas to identify what? |
Similar patterns in the commission of seemingly unrelated crimes, which has led to the expeditious apprehension serial killers, rapists, and other dangerous criminals. |
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What data may be entered into the ViCAP database? |
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List five crimes that should be entered into the ViCAP database. |
Five of any of the following: 1.Endangering the Welfare of a Child (N.j.S.A 2C: 24-4) involving any manner of sexual conduct when committed under any of the following circumstances:
2. Harassment (N.J.S.A 2C: 33- 4) when the actor was unknown to the victim and
3. Lewdness, where the offense is graded as a fourth degree crime under N.J.S.A. 2C: 14-4 4. Luring or attempts (N.J.S.A. 20:13-6) 5. Peering (N.J.S.A. 2Cl 18-3c) 6. Stalking (N.J.S.A. 2C: 12-10) not involving domestic violence, as define in 2C: 25-19a 7. Non- Parental Child Abductions or Attempts (N.J.S.A. 20:13-1 or 20: 13-4) |
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A law enforcement agency shall enter case information into the ViCAP database as soon as practicable, but no later than how many days after the agency becomes aware of the information? |
30 days |
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The Chief law enforcement executive in each municipality shall appoint a staff member to serve as what? |
Municipal ViCAP Liaison Officer |
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In New Jersey, the AMBER alert program has been established by statute and codified at N.J.S.A. 52:17B-194.1 et seq. The New Jersey Legislature expressly found that the most critical moments in the search for an abducted child are the first few hours immediately following the abduction. The Legislature findings note in this regard that, " if a child is not found within _______ to _____, it is unlikely that child will be found alive." |
Two (2) to four (4) hours |
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It is important to revise the State's AMBER Plan to make it absolutely clear to all law enforcement officials that an AMBER Alert may be activated by the State Police in a case involving an abduction by a family member when there is reason to believe that the child may be in danger of what ? |
Death or serious bodily injury |
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AMBER Alerts are intended to be issued when there is a reason to believe that a _______ has been abducted and may be in danger of death or serous bodily injury |
Child |
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What is the criteria for activation of the AMBER Alert system? The following criteria shall be met before an AMBER Alert is activated: A.There is reason to believe that a child under the age of ______ has been abducted. B. There is a reason to believe that the abducted child may be in danger of death or ______ bodily injury. C. There is reason to believe that an AMBER Alert would assist in locating the child considering all relevant circumstances, including whether there is enough descriptive information available, and the amount of _______ that has elapsed since the child was last seen and was reported missing. |
A. 18 B. Serious C. Time |
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In family abduction cases, the law enforcement officials should consider the following specific circumstances, when information about these circumstances is available: A. Whether any threats of _______ to the child were made by the abductor at any time before the abduction, or during the course of the abduction (including implied threats such as "if I can't have custody, then no one will"); B. Any past history of _______ by the abductor directed against the child, or abuse or neglect if the child, or any other child; |
A. Harm B. Violence |
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Even when circumstances of an abduction or missing child case do not meet the criteria for activation of an AMBER Alert, the law enforcement agency responding to the incident should immediately contact whom? |
New Jersey State Police Missing Person Unit |
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What is one of the highest priorities for every law enforcement officer in the State of New Jersey? |
Protecting our children remains among the highest priorities for every law enforcement agency in the State of New Jersey |
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Why is a standardize response necessary to a possible child abduction? |
A standardized response will enable law enforcement to exercise more control over events, react more effectively to unexpected occurrences, and enhance the likelihood of swift and successful resolution of missing child cases. |
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Which agency is the lead agency in a CART activation? |
The agency receiving the report shall remain the lead agency unless or until the county prosecutor determines otherwise |
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Per this directive, a missing child is how old? |
For purpose of this Directive,"missing child" means a person 13 years of age or younger whose whereabouts are not currently known. see N.J.S.A 52:17B-212 |
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Within how many days of a report of a missing child who is 13 years of age or younger shall the County Prosecutor or CART leader in the County receiving the initial missing child report complete the State Police after action report? |
30 days |
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What are some physical clues for people who have Alzheimer's disease? |
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What are some psychological clues for people who have Alzheimer's disease? |
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Almost _______ % of people with Alzheimer's disease will wander and become lost. |
70% |
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When confronting a person who has wandered and is lost, police officers may find that the person may do what? |
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When you encounter a person you suspect may have Alzheimer's disease, list 3 things you might do. |
Any 3 points of the list * Approach that person from the front and establish and maintain eye contact. * Introduce yourself as a law enforcement officer and explain that you have come to help. Due to their impaired short-term memory, victims may repeatedly ask who you are. Thus, you may need to reintroduce yourself several times. * Treat people with dignity. The deterioration of their mental abilities does not mean they are without feeling. * Remove the person from crowds and other noisy environments as this can cause restlessness, pacing, agitation, and panic in people with Alzheimer's. Also, turn off your car's flashing lights and lower volume of the radio * Establish one-on-one conversation. Talk in a low-pitched, reassuring tone, looking into the victim's eyes. Alzheimer's shortens attention span and increases suspicion. Your calm support can make victims less agitated and panicked. Speak slowly and clearly, using short, simple sentences with familiar words. Repeat yourself. Accompany your words with gesture when this can aid in communication, but avoid sudden movements. * Include the person in all conversations, out of respect and so you will not arouse their suspicion * Explain your actions before proceeding. If a person is agitated or panicked, gently pat them or hold their hand, but avoid physical contact that could seem restraining. * Expect difficulties making yourself understood. Do not assume the person understands you or is capable of answering your questions and complying with your instructions * Give simple, step-by-step instructions and, whenever possible, a single instruction. For example, "Please sit here. I'll take care or everything." Avoid multiple, complex, or wordy instructions, such as:"Please sit here, don't get up or go anywhere, and wait for me to come back." Also, substitute nonverbal communication by sitting down if you want that person to sit down. * Ask one question at a time." Yes" and "no" questions are better than questions that require the person to think or recall a sequence of events. Be prepared for answers that are confusing and keep changing. If a persons's words are unintelligible, ask them to point, gesture, or otherwise physically communicates their answer. * Never argue with the person or challenge their reasoning * Do not leave the person alone; they may wander away * Find emergency shelter for the person with the help of a local Alzheimer's Association chapter or Adult Protective Services if not other caregivers can be found. |
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When you approach a person you believe has or may have Alzheimer's disease, ask for identification information. In addition, look for a _______ bracelet, necklace, lapel pin, key chain, or label inside their clothing collar. Safe return identification provides the first name of a person bearing this ID, indicates that he or she has a memory impairment, and gives the 24-hour toll free number for Alzheimer's Association's Safe Return Program |
Safe Return |
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If your agency receives a missing persons report on a person believed to have Alzheimer's Disease or related disorder, the Safe Return Hotline should be contacted ___________ and a photograph and/or description, if available, should be disseminated to all officers on shift. Such photograph and/or description should also be included in all shift briefings until the person is found . |
Immediately |
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When searching for a person with Alzheimer's Disease who is lost or has wandered, remember most are found within ________ mile of last location |
one-half (1/2) |
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A law enforcement officer shall ask the person who delivers an infant to the police station what questions? |
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Under the law, if the parent, or others acting on behalf of the parent, leaves the infant at the municipal police station, what are the police responsible for? |
To bring the child to the hospital emergency room for medical care and assessment |
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The Safe Haven for infants Hotlines aims to service what purpose? |
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After the police take physical custody of the infant, what procedures must they follow? |
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Is the parent or person who brings the infant to the police station required to provide any information? |
No, they are not required |
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Does the law provide police officers and staff, who act in good faith when attempting to help these infants. immunity from civil and criminal liability? |
Yes |
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What is constructive authority? Provide some examples. |
Constructive authority does not involve actual physical contact with the subject, but involves the use of the law enforcement officer;s authority to exert control over a subject. Some examples are.
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What is deadly force and when should it be used? |
Force used with the purpose or causing, or which the officer knows to create a substantial risk of causing, death or seriously bodily harm. A law enforcement officer may use deadly force when the officer reasonably believes such action is immediately necessary to protect the officer or another person from imminent danger of death or serious bodily harm. |
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What is Reasonable Belief and what is it based on? |
Reasonable belief is an objective assessment based upon an evaluation of how a reasonable law enforcement officer with comparable training and experience would react to or draw inference from, the facts and circumstances confronting and known by the law enforcement officer at the scene |
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What are the limitations of the use of deadly force? |
A law enforcement officer may use deadly force to prevent the escape of a fleeing suspect:
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What are the restrictions on the use of deadly force? |
8. A law enforcement officer shall not fire a weapon solely to disable moving vehicles. |
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Can deadly force be used to disable a person attempting to harm himself? |
Deadly force shall not be used against persons whose conduct is injurious only to themselves |
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Can weapons be discharged in order to be used as a warning device? |
A law enforcement officer shall not discharge a weapon as a signal for help or as a warning shot. |
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What are the recommended training requirements for the use of force? |
Every law enforcement agency is required to conduct and document semiannual training for all officers on the lawful and appropriate use of force and deadly force. |
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When must use of force reports be made?
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All instances when physical, mechanical or deadly force is used, each officer who has employed such force shall complete a use of force report
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When deadly force is used, who must be notified outside of the police agency involved and what is the time requirement?
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For all situations involving the use of physical, mechanical or deadly force, county and municipal law enforcement agencies shall report at least annually to the county prosecutor in a manner established by the prosecutor and to the Division of Criminal Justice in a manner established by the Director of the Division of Criminal Justice. County prosecutors shall within 24 hours report to the Division of Criminal Justice all situations where the use of deadly force by a law enforcement officer results in death or serious bodily injury, or in situations where any injury results from the use of a firearm by a law enforcement officer. |
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In some situations the ability to use less lethal ammunition may provide a law enforcement officer with the means to resolve the confrontation before it might what?
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Escalate to where deadly force becomes necessary
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Less lethal ammunition is designed to
___________, temporarily incapacitate or cause temporary discomfort. |
Stun
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When may less lethal ammunition be directed against a person?
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Less-lethal ammunition may be directed against a person only when such force is reasonably necessary to prevent the person from causing death or serious bodily injury to him/herself, an officer, or any other person
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If a person is armed with a deadly weapon and refuses to disarm, may less lethal ammunition still be used?
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Yes, if the danger to the officer is not yet imminent.
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List 3 examples where less lethal ammunition is not authorized?
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An officer needs to be authorized to use less lethal ammunition. what are two requirements that must be met?
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Weapons used for deployment of less lethal ammunition shall be what ?
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Dedicated exclusively for that purpose and clearly marked
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In regards to deployment techniques, list 3 things that should be considered?
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Subjects who are struck by less lethal ammo shall be transported where?
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To a medical facility
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When officer uses a less lethal ammo on a suspect, who shall be notified regarding its effectiveness?
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County Prosecutor and Attorney General
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Ammunition approved by the Attorney General which is designed to stun, temporarily incapacitate or cause temporary discomfort to a person without penetrating the person's body is referred to as what type of ammunition?
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Less lethal ammuntion
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Intentionally aiming acceptable less lethal impact ammunition at the head, neck, chest, and groin should be avoided unless ____________
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Deadly force is justified, necessary and appropriate
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Acceptable less lethal impact projectile/ ammunition will only be those products designed by their manufactures to be fired/ launched from what type of weapons?
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12-gauge shotgun, 37 mm or 40 mm smooth or rifled bore launching system or paintball type device with a bore diameter between .68 - .691 of an inch
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Conducted energy devices, like less lethal ammunition, are considered to be a form of ________mechanical force.
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Enhanced
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_________________ Means any device approved by the Attorney General that is capable of firing darts/ electrodes that transmit an electrical charge or current intended to temporarily disable a person.
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Conducted energy devices
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__________ means " any weapon or other device which emits an electrical charge or current intended to temporarily or permanently disable a person."
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Stun gun
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Pursuant to N.J.S.A. 2C: 39-3(h), any person who knowingly has in his possession any stun gun is guilty of a crime of the ______ degree.
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Fourth
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________ means a non-contact demonstration of a conducted energy device's ability to discharge electricity that is done as an exercise of constructive authority to convince an individual to submit custody.
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Spark display
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The chief executive of a law enforcement agency shall determine the _____ of officers who are authorized to carry and used a conducted energy device. |
Number
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An officer authorized to use a conducted energy device pursuant to this policy may discharge the device only where:
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A person shall be given reasonable opportunity to submit to law enforcement authority and to comply with law enforcement commands _________ being subjected to a second or subsequent discharge, _________ the person's conduct after the initial discharge creates a risk of death or serious bodily injury that is so immediate that any delay would likely result in death or serious bodily injury. |
Before / unless
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In the event hat a second or subsequent discharge is authorized and necessary, why is it practical for the officer to point the main body of the device, which has an internal video camera, on the person?
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In order to record the circumstances justifying the discharge
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What are the two circumstances that allow an officer to direct an electrical charge or current against a person in handcuffs?
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1. The officer reasonably believes based in the suspect's conduct that such force is immediately necessaryto protect the officer, the suspect, or another person from imminent danger of death or serious bodily injury ; and 2. The use of physical or mechanical force is not immediately available to be employed, has been tried and failed to stop the imminent threat of death or serious bodily injury, reasonable appears to be unlikely to stop the imminent threat if tried, or would be too dangerous to the officer or an innocent person to employ |
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An officer shall not use a conducted energy device in a drive stun mode unless the officer reasonably believes based on the suspect's conduct that discharging the device in the drive stun mode is _____________ to protect the officer, the suspect, or another person from imminent danger of death or serious bodily injury
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Immediately necessary
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List five unauthorized uses of Conduct Energy Devices:
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All law enforcement officers authorized to use a conducted energy device pursuant to this supplemental policy shall qualify, and thereafter re-qualify ________, in a training course and qualification procedure approved by the Police Training Commission
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Semi- annually
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An officer issued a conducted device shall determine and record on an appropriate log, prior to field deployment, that the device, including the video recording function, is ___________
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Functional
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When ___________, the officer should warn the person against whom the conducted energy device is directed that the officer intends to use the weapon. The same applies where the individual has already received an electrical charge from a conducted energy device. |
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When is it not necessary for an officer to warn the person of the impending firing/discharge of the device, or to provide the person with an opportunity to submit to law enforcement authority before firing/ discharging the device?
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If the person's conduct is creating a risk of death or serious bodily injury that is so immediate that any delay would likely result in death or serious bodily harm.
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An officer shall / shall not unholster a conducted energy device during an actual operation unless the officer reasonably believes that it may be necessary for the officer to use the conducted energy device.
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Shall not
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An officer shall not exhibit a conducted energy device to a person or conduct a ___________ during an actual operation unless the officer reasonably believes that it would help to establish or maintain control in a potentially dangerous situation in an effort to discourage resistance and ensure officer safety.
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Spark display
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An officer may, through ________ ,threaten use a conducted energy device, so long as the officer's purpose is limited to creating an apprehension that the device will used if necessary.
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Verbal commands
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An officer should not fire a conducted energy device if there is a substantial risk that the electrode/ darts will strike an innocent person unless firing the device in such circumstances is _________ necessary to protect the innocent person(s) from being killed or seriously injured.
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Reasonably
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To ensure officer safety, when feasible, at least _____ law enforcement officer other than the one deploying the conducted energy device should be present, be armed with lethal ammunition, and be prepared to deploy deadly force in the event that the use of a conducted energy device for any reason fails to protect an officer or other person from imminent danger or death or serious bodily injury.
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One
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A conducted energy device may/ may not be used in conjunction with a distraction device, water-based chemical agent, or less-lethal ammunition.
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May
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What is the policy on using a conducted energy device against a person on an elevated surface?
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A conducted energy device shall not be directed against a person who is situated on an elevated surface (e.g., a ledge, scaffold, near precipice, etc.) unless reasonable efforts have been made to prevent or minimize a fall-related injury (e.g., deploying a safety net).
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Can a conducted energy device be used in, on, or immediately adjacent to a body of water?
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No
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A conducted energy device shall be used in any environment where an officer knows or has reason to believe that a _______ flammable, volatile, or explosive material is present that might be ignite by an open spark, including but not limited to pepper spray with a volatile propellant, gasoline, natural gas or propane.
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Potentially
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In all instances when a conducted energy device is fired or discharged, the law enforcement officer who employed such force shall complete:
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In all instances when a conducted energy device is fired at or discharged upon a person, a higher-ranking supervisor shall investigate the circumstances and outcomes of the device deployment. The investigating supervisor shall report on the incident to the ______________.
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Chief executive of the department
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Who will review all reports detailing conducted energy device discharges, indicate their finding and recommendations as to the propriety of the discharge, and report their finding to the ___________ within 7 days of device discharge?
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D.C.J.
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In all instances when a conducted energy device is fired at or discharged upon a person, a ________ designated by the chief of the department employing the officer who fired or discharged the device shall take custody of and secure the device.
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Superior officer
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The information stored in the device concerning the use of force incident (i.e.. e.g.. data concerning the time the weapon was fired, the time of all electrical discharges, and video recordings of the firing of the weapon and all electrical discharges) shall be preserved and reported on in a ___________ prepared by the chief or his or her designee.
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Report if the incident
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List three requirements for approved Conducted Energy Devices:
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List five situations when and in what circumstances a law enforcement officer is required to transport a person to a medical facility following the firing or discharge of a CED. |
Subjects against whom a conducted energy device has been directed shall be transported to a medical facility for examination if any of the following circumstances exist:
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An officer is authorized to remove a CED dart/electrode from a subject only if the officer has received training on dart/ electrode removal, provided, however, that an officer is not authorized to remove a CED dart/electrode from any part of the person's head or neck, or where the dart/electrode is located in the area of the subject's genitalia, or female breast. In the absence of exigent circumstances requiring immediate action, a CED dart/ electrode may only be removed from these areas of the subject's body by whom? |
An emergency medical technician ( EMT) or by other qualified medical personnel. |
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Define Pursuit Driving. |
Pursuit driving is an active attempt by a law enforcement officer operating a motor vehicle and utilizing emergency warning lights and an audible device to apprehend one or more occupants of another moving vehicle when the officer reasonably believes that the driver of the fleeing vehicle is aware of the office's attempt to stop the vehicle and is resisting apprehension by increasing vehicle speed, ignoring the officer or otherwise attempting to elude the officer. |
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It is the police officer that initiates pursuit, true or false? |
False. It is clear that while it is the officer who initiates the stop, it is the violator who initiates the pursuit. |
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Boxing in refers to _______ |
Surrounding a violator's moving vehicle with moving pursuit vehicles which are then slowed to a stop along with the violator's vehicle. |
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When may a police officer pursue? |
A police officer may only pursue:
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The decision to pursue must take into consideration what factors? |
4. Police Officer characteristics:
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When shall the pursuing office terminate pursuit? |
The pursuit officer shall terminate the pursuit:
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Can an unmarked police vehicle participate in a vehicle pursuit without an emergency light and an audible device? |
An unmarked police vehicle will not participate in a vehicular pursuit unless it is equipped with an emergency light and audible device. |
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Who can authorized the use of roadblock? |
Supervisor |
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Can a pursuing officer overtake or pass the violator's moving vehicle in order to deploy the tire deflating device? |
The officer deploying the authorized tire deflation device should not attempt to overtake and pass a high-speed pursuit in order to position device |
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Pursuit shall be permitted to continue by the supervisor if...? |
Pursuit shall be permitted to continue by the supervisor if:
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What is the role of the communication operator in a vehicle pursuit? |
The communication operator shall:
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Vehicular pursuit training consist of...? |
Vehicular pursuit training shall consist of knowledge of applicable statues, familiarization with statewide police pursuit policy and departmental procedures, decision-making skills, and the use of an authorized tire deflation device if employed by the agency |
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Regarding pursuits, agencies are required to submit a report to the ______ every________ |
All law enforcement agencies shall prepare an annual agency Vehicular Pursuit Summary Report for submission to the county prosecutor.
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All officers are required to attend pursuit training how often? |
Twice annually |
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What is the procedure when a person is arrested and has children under his care? |
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What should you do if there is no adult to leave the children with? |
When an appropriate adult is not present or refuses custody the dependent person is transported to police headquarters |
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If unable to make arrangements, who shall be notified if there are minors involved? |
The shift supervisor or arresting officer notifies the appropriate municipal , county or state agency of the arrest and need for alternate care. |
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Who shall the supervisor notify regarding bail? |
When setting bail the judge is to be informed the arrestee has dependents and what arrangements were made |
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What is the time period required before a concern is expressed regarding dependents or minors in the suspect's care? |
If a person is likely to be detained more than two hours, that person shall be questioned whether any child or other person is dependent solely upon the arrestee for care, sustenance or supervision |
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Bias crime protection was amended in 1995 to include __________ and ___________ motivation |
Anti-gender and anti-handicap motivation |
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The 1991 Bias Incident Investigation Standards requires law enforcement to report incidents Bias to what 3 agencies? |
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What is the definition of a Bias Incident? |
Bias Incident is define as any suspect or confirmed offense or unlawful act which occurs to a person, private property, or public property on the basis of race, color, religion, gender (except matters involving a violation of N.J.S.A 2C:14-2 or 2C:14-3), handicap, sexual orientation or ethnicity. |
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In 1994, the Office of Bias Crime and Community Relations was placed under what authority or division? |
Division of Criminal Justice |
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When should Bias Incidents be reported to the OBC or CR? |
All suspected or confirmed bias incidents should be reported to the OBC and CR as soon as possible, but no later than 24 hours. |
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What crimes should be reported immediately to the Office of Bias Crimes and Community Relations? |
1. Homicides, rape, aggravated assault or arson 2. A law enforcement officer as the alleged perpetrator 3. An organized hate group as the suspected perpetrator, and 4. The potential to generate large scale unrest. |
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How should Law enforcement agencies handle Bias Incidents? |
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What were the 4 basic components in the establishment of a Bias Incident Prevention Program? |
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What are the Bias Incident Offenses? |
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What are the responsibilities of the Initial responding officer at the scene of a Bias Incident? |
8. Refer the victim and witness to the County Prosecutor's Office of Victim- Witness Advocacy |
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What are the responsibility of the supervisor at the scene of a Bias Incident? |
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What should conduct a follow-up investigation of a Bias Incident? |
Trained detectives or investigators |
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What are the responsibilities of the investigator at the scene? |
Primary elements of the investigation include:
8. Conducted surveillance and other appropriate investigative activities in order to obtain additional evidence and to identify suspects 9. Contact other appropriate law enforcement agencies for assistance, as required. Notify the county prosecutor's office as soon as possible, not to exceed 24 hours 10. Work closely with the county prosecutor to ensure that legally sufficient cases are presented for prosecution 11. Assist the victim/ witness in obtaining appropriate support services 12. Prepare standard investigative reports documenting the bias incident investigation, as appropriate 13. Ensure that all confirmed bias incidents are reported to the Uniform Crime Reporting System using Division of the State Police Uniform Crime Reporting procedures and report forms 14. Assist with community relation's activities and crime prevention programs, as appropriate. Investigators should ensure that all physical remains of the incident are removed after crimes scene processing is completed |
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What criteria should be applied in determining motive for a Bias Incident?
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If " Hate Groups" are involved in the commission of Bias incident, who must be notified?
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Office of Bias Crime and Community Relations shall be notified immediately and Central Security- part of Division of State Police
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What are the 4 areas where discrimination is most prevalent and as a result, legislation cover violations of the law?
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In addition to enforcement, what other services does the DCR provide?
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What are the elements of Police Community Relations?
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What information should be provided to victims of Bias incident?
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- Brochures about the criminal justice process and victim rights information shall be displayed in police stations. - Face to face case specific explanation of system and process shall be provided.
- Victims shall be advised of any arrest, bail and pretrial release as soon as possible
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What services are available for victims of Bias Incidents?
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- Medical care, shelter, relocation, food, clothing and child care.
- Trained in-service personnel -24 hour hotlines -Emergency psychiatric services -Victim assistance agencies
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Domestic Violence involves what type of crimes?
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Who is protected by the Domestic Violence Act?
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Includes any person:
1.With whom the victim has a child in common, or 2. With whom the victim anticipates having a child in common, if one of the parties is pregnant, or
1. A victim may be below the age of 18 2. The domestic violence assailant must be over the age of 18 or emancipated at the time of the offense. |
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What age must the domestic violence assailant be in order to be charged under the statute?
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The domestic violence assailant must be over the age of 18 or emancipated at the time of the offense.
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Can minor who has been emancipated be charged with domestic violence?
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Yes; The domestic violence assailant must be over the age of 18 or emancipated at the time of the offense
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When is a minor considered emancipated from his parent?
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A minor is considered emancipated from his parent when:
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Does a police officer have discretion during a domestic violence offense?
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Yes, if its not a mandatory, may arrest or may sign a criminal complaint or may do both
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What does the word, " exhibit," mean within the context of domestic violence?
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The word, " exhibit," is to be liberally construed to mean any indication that a victim has suffered bodily injury, which shall include physical pain OR any impairment of physical condition.
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What should the officer consider if there are no visible signs if domestic physical abuse?
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If the victim exhibits no visible signs of injury, but states that an injury has occurred, the officer should consider other relevant factors in determining whether there is probable cause to make an arrest.
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In determining which party in a domestic dispute is the victim, what should the officer consider ?
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In determining which party in a domestic dispute is the victim, the officer should consider:
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When should the officer have discretion during an investigation of a domestic violence incident?
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When there's no probable cause to believe that an act of domestic violence has been committed.
e.g. 2 people just arguing |
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How should the officer go about seizing a weapon that may have been used during a domestic dispute? If visible? not visible? |
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What should the officer do if the owner of the weapon refuses to surrender the weapon? |
The officer should obtain a Domestic Violence Warrant for the Search and Seize of the weapons |
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Weapons seized by the officer must be sent to __________ immediately along with a copy of the domestic offense report. |
County Prosecutor |
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What must the officer responding to a call of domestic violence notify the victim of? |
The officer must give and explain the victim the domestic violence notice of rights which advises the victim of available court action. |
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What is the procedure when the victim secures a no-contact order and the defendant has not been apprehended? |
When the victim obtains a no-contact court order but the defendant had not been arrested by police and is present at the scene, the officer should:
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What is the procedure when the final restraining order has been issued and requires service outside the issuing county? |
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What is the procedure when there is a weapon seized during the service of an restraining order? |
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When the officer determines that a party has violated an existing restraining order by committing a new act of domestic violence or by violating the terms of a court order, what mus the officer do? |
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When can a person be charged with endangering the welfare of an elderly or disabled person? |
When that person has:
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Where criminal actions against an elderly or disabled person do not meet the domestic violence conditions, what may the police do? |
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What are Foreign Orders of Protection" and " Mutual order of Protection?" |
Foreign Orders of Protection: Includes any court order issued by any other state, Indian tribe , territory or possession of the United States, Puerto Rico or the District of Columbia, whether or not the order is similar to a restraining order issued in the State of New Jersey Mutual restraining order of Protection: A single court order entered against both parties and requiring both parties to abide by the conditions of the order. Under New Jersey law, mutual orders of protection are prohibited. However, each party may obtain a separate restraining order against the other party. This would not be considered a mutual order of protection |
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In an emergency, where an out-of- state order appears valid and the officer cannot verify it, can the officer make an arrest? and if so, what is the charge? |
Yes.. If the court order appears to be facially valid, the officer should arrest the defendant for violating terms of the court order. The defendant should be charged with contempt, N.J.S.A 2C:29-9a |
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What are the only 2 states that do not have an expiration date on an out- of- state order? |
New jersey and Washington State |
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If there are defects on the order, such as boxes indicating no service checked, is the order invalidated? |
Defects on the face of the order, such as boxes indicating no service checked, do no invalidate the enforcement of the order |
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If the victim does not have a copy of the out-of-state order, but there are signs of domestic violence, can the officer arrest? |
Yes, the officer can arrest if the criteria of the New Jersey Domestic Violence Act, N.J.S.A 2C:25-17 et seq., have been met and if a criminal offense had been committed |
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Is the plaintiff in a mutual order of protection entitled to full faith and credit in the State of New Jersey to the same degree as if the order had been issued in the State? |
Yes, the plaintiff is entitled to full faith and credit in New Jersey to the same degree as if the order has been issued in the state |
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In a non-emergency situation, what should the officer do when faced with an out-of-state order of mutual protection? |
In non-emergency situations , the defendant should be referred to the appropriate court for relief. |
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Can an officer charge a defendant with a violation of federal law in connection with an out- of -state restraining order? |
No, an officer should not charge a violation of federal law since the officer does not have federal jurisdiction |
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In a case where the officer is faced with a violation of federal law, who should the officer consult and to what agency should the matter be referred? |
The officer should report this violation to the designated Assistant County Prosecutor who will determine whether the case should be referred to the U.S Attorney's Office for the appropriate action pursuant to 18 U.S.CA 2261 and 2262 |
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When an officer enforces a restraining order that is determined to be invalid, is the officer covered by immunity from civil liability? |
Yes, a law enforcement officer shall not be held liable in any civil action brought by any party for an arrest based on probable cause when that officer in good faith enforced a court order. |
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Is the above officer immune from federal actions brought under 42 USCA 1983 involving violations of the 4th amendment? |
Yes; Under the qualified immunity doctrine, a law enforcement officer may also assert immunity to federal actions brought under 42 USCA sec. 1983 |
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All law enforcement officers within this Department will receive at least _________ hours of training on domestic violence issues __________, as approved by the Division of Criminal Justice, pursuant to N.J.S.A 2C:25-20 |
Four/ Annually |
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All law enforcement officer and _____ members of this Department will receive at least annual training on the impact of domestic violence within the law enforcement community and on the Department's policy and procedures when a law enforcement officer or an unsworn member is involved in a domestic violence incident |
Unsworn |
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All police supervisors within this Department will receive annual training on such matters as : |
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List three instances where supervisors will document information potentially indicative of domestic violence: |
A. Aggressiveness
B. Domestic Violence issues Monitoring, controlling or harassing the purported victim directly or through any other person C. Deteriorating work performance
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When the supervisor finds a pattern of behavior potentially indicative of domestic violence, the supervisor will: |
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When the supervisor determines an officer has engaged in domestic violence, the supervisor will:
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Program for batterers/ the purported victim |
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List two (2) actions an officer must take when an officer knows or is made aware of any information of abuse or violence involving a fellow officer. |
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Officers who are involved in any domestic violence incident involving police response, regardless of jurisdiction, must immediately notify whom? |
on-duty supervisor |
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Officers who are subjected of any domestic violence restraining order or protective order proceeding, whether or not the order is issued and regardless of jurisdiction, must immediately notify________ and provide a copy of the order, if issued. |
Their supervisor |
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Departments will accept, document, and preserve all calls or reports including those made anonymously, regarding domestic violence as on-the-record information. A detailed ____________ must be completed by the responding officer to a domestic violence call. This is to be completed regardless of whether or not an arrest is made, and regardless of whether or not a criminal offense has been committed |
Criminal Investigation Report ( CIR) |
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A copy of the report alleging domestic violence by an officer will be forwarded to the __________ through the chain of command including the __________. |
Chief of Police or Law Enforcement Chief Executive/ Internal Affairs Officer |
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May the reports be given to the victim? |
The Department will make all such CIRs available to the victim without cost. N.J.S.A. 47:1A-1.1 |
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Can the reports be given to the officer? |
The Department will make all such CIRs available to the officer at no cost.
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The Chief of Police or Law enforcement Chief Executive will consult with the County Prosecutor, who will determine who should be the designated ______________. |
Principal Law Enforcement Contact person |
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List five actions The Principal Law Enforcement Contact person will take: |
A. Advise the victim to immediately report any violation of any restraining order to the police department where it occurred and the designated Principal Law Enforcement Contact person. B. Advise the victim to contact the designated Principal Law Enforcement Contact person if there is any harassment, witness tampering or intimidation by a law enforcement officer. C. Intervene if the officer or agents of the officer are harassing or intimidating the victim, or violating no-contact orders. D. Provide the victim with the name and contact number of the domestic violence Assistant Prosecutor in the county where the abusive officer is charged with committing a criminal offense, contempt of a domestic violence restraining order, or subject to a motion for forfeiture of weapons. The victim should also be provided with the name of the victim-witness advocate or detective in the Prosecutor's Office who have been designated as the resource persons in the Prosecutor's Office. E. Provide the victim with contact information for a local domestic violence program and with approved safety planning material. F. Keep the victim apprised of all case developments. G. Ensure that the chain of command, including the Chief of Police or Law enforcement Chief Executive, is regularly briefed on both the administrative and criminal investigations. H. Assist the victim with safety planning should the officer be terminated. Assistance will be provided by linking the victim with resources and preparation planning either within the Department or via outside government and non-profit agencies. |
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Upon arrival on the scene of a domestic violence call or incident involving a law enforcement officer, the primary patrol unit will immediately notify dispatch and request the _________or ________ to report to the scene, regardless of the involved officer's jurisdiction. |
Primary patrol supervisor or shift commander |
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The primary patrol supervisor or shift commander will immediately report to the scene of all law enforcement officer domestic violence incidents regardless of the involved officer's jurisdiction. The on-scene supervisor will immediately notify the ________ of any domestic violence incident involving a law enforcement officer for direction on handling the case regardless of whether criminal charges are filed or a restraining order is issued. |
County Prosecutor's Office |
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If the alleged offender has left the scene and probable cause exists, list 3 things the supervisor will do: |
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The on-scene supervisor will ensure the victim is informed of the following: |
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Whenever a domestic violence call involving a law enforcement officer does not result in an arrest or a warrant is not sought, the on-scene supervisor will explain in a written report ____________, and the report shall be forwarded to the Internal Affairs Unit. |
Why these actions were not taken. |
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The on-scene supervisor will notify the Chief of Police or Law Enforcement Chief Executive through the chain of command as soon as possible. If the officer is from another jurisdiction, the supervisor will ensure that notification is made to the Chief of Police or Law Enforcement Chief Executive in the department ________. |
Where the accused officer is employed
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When responding to a domestic violence incident involving a law enforcement officer from another jurisdiction, all responding officers, investigators, and supervisors will follow the ____________ procedures that are to be followed in responding to a domestic violence complaint involving an officer from his Department. |
Same |
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When responding to a domestic violence incident involving a law enforcement officer from another county, the Chief of Police or Law Enforcement Chief Executive or person acting in those capacities shall notify the County Prosecutor where the officer _____________. |
Is employed |
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In responding to domestic violence incidents where the parties involved are both law enforcement officers, should standard domestic violence response and investigation procedures as set forth in the Attorney General's Guidelines on Police Response to Domestic Violence Cases and the Attorney General Weapons Seizure Directives be followed? |
Yes |
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In a timely manner, the Chief of Police or Law Enforcement Chief Executive shall ensure that all officers who responded to a law enforcement office domestic violence call are debriefed. List 3 things the debriefing should include: |
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Arrest warrants charging law enforcement officers with domestic violence and protective orders issue at a later time should all be served by no fewer than _______ officer with at least one being of ______ to the officer being served. |
Two/ senior rank |
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Any law enforcement officer who is served with a temporary or final restraining order must immediately inform his or her______ and provide a copy of the order to the supervisor. |
Supervisor |
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If the law enforcement officer's duty and off-duty firearms and weapons have not already been turned in pursuant to the Attorney General Weapons Seizure Directives, the weapons shall be _______ by this Department. |
Immediately seized |
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In regards to victim's safety and protection, list 3 actions which may be taken: |
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No law enforcement officer will attend any domestic violence related court proceeding of any law enforcement officer employee unless_________, or authorized by their agency, or as part of their investigation. |
Subpoenaed to appear |
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When shall a responding officer seize all weapons from another Law Enforcement officer who is alleged to be included in an act of Domestic Violence? |
Responding officer reasonably believes the presence of weapons would expose the victim to risk of serious bodily injury. |
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When shall a law enforcement officer who is alleged to be involved in an act of Domestic Violence surrender all of his/ her weapons? |
When served with a domestic Violence Restraining Order, Search Warrant or Bail condition requiring the surrender of weapons |
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What must a law enforcement officer who is alleged to be involved in act of Domestic Violence do if his/ her weapons have been seized pursuant to an act of Domestic Violence. |
Immediately report that fact to the officer's department supervisor. |
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When weapons have been seized from an officer pursuant to an alleged act of Domestic Violence, a report shall immediately be made to whom, by the arresting officer?
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The arresting Officers department supervisor |
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Who must the arresting officer's supervisor notify? |
The prosecutor's office in the county where the charge has been filed |
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Where is the officer's seized or surrendered departmental issued weapon returned to? |
The custody and control of the issuing department |
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Where are all other weapons forwarded to? |
To the County prosecutor's office where the seizure took place. |
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The chief law enforcement officer of the agency where the officer is employed shall do what, once the Domestic Violence charges resulting in the seizure of an officer weapons have been dismissed or withdrawn? |
Conduct investigation into the officer's background and recommend to the county prosecutor's office whether the officer should be permitted to carry weapons and under what conditions if any. If necessary, re-assign the officer so he/she will not have contact with complaint. |
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When a court directs that an officers weapons be seized or surrendered pursuant to an alleged act of Domestic Violence, what may the charged officer request ? |
An expedited court hearing |
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When a court order is in effect that prohibits a law enforcement officer alleged to be included in an act of Domestic Violence from possessing weapons, what is needed to have the weapons returned? |
A court order |
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If it is determined that the officer may carry weapons while the proceedings are pending, what may the County Prosecutor recommend? |
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May an officer posses any personally owned firearms if a final restraining order is issued, during the time it is in effect? |
NO |
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In regards to the seizure of weapons from State Law enforcement Officers, what additional notification is necessary? |
Division of Criminal Justice, Prosecutor and Police Bureau |
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What does " Megan's Law " provide? |
Creation of a state registry of sex offenders and a community notification procedure, which mandates county prosecutors to place offenders into one of three categories which are distinguished by the level of risk of re-offense by the defender. |
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What is the purpose if this legislation? |
To provide pertinent information to law enforcement and, in appropriate circumstances, to neighbors, parents and children, as well, as community organizations which care for or supervise women and children |
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Whose responsibility is it to transmit registration forms to the Division of State Police? |
The Prosecutor of the County in which the person will reside |
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Whose responsibility is it to maintain the state registry of sex offenders? |
The Division of State Police |
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Who renders a determination as to the level of risk of re-offense and the scope of notification for each offender? |
The County Prosecutor where the offender will reside |
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Who effectuates the notification on location of registered offenders? |
The Chief Law Enforcement Officer of the Municipality, or State Police in Municipalities where there is no local law enforcement officer. |
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Who determines the geographic area in which the notification will take place? |
The Prosecutor of the County in which the registered person will reside, with the coordination of local law enforcement. |
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Subject to judicial review, this notification shall then be effectuated by whom? |
The local law enforcement |
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How many days prior to the inmates release must the information needed to render an assessment of risk of re-offense, be provided to the Prosecutor's Office by the appropriate agencies ? |
At least 90 days prior |
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The notification statute applies to all sex offenders who are required to register. What offenders must be register? |
Those persons convicted, adjudicated delinquent, or acquitted by reason of insanity. |
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When are incarcerated offenders required to register? |
Prior to release, and within 48 hours of release, shall also register with the chief law enforcement officer |
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Offenders moving to this State from Out-of-State, must notify the Chief Law Enforcement officer of the Municipality, or the State Police within how may days of their arrival to New Jersey? |
within 10 days |
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Offenders who have been found to be repetitive and compulsive must verify their address every how may days? All others verify in what amount of time? |
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In addition to any other registration requirements, a New Jersey resident who is a sex offender required to register who is enrolled at, employed by, or carries on a cation at an institution of higher education in New Jersey must register within _________ days of commencing such attendance or employment with the law enforcement unit of the educational institution |
10 |
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Upon a change of school employment or school enrollment status, a registrant shall notify the law enforcement agencies with which the person is registered no later than _____ days after any such changes |
5 |
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A sex offender who fails to register is required by Megan's Law commits a crime of what degree? |
3rd degree |
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When can notification be provided to organizations in the community who are not registered? |
When ordered by Court |
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What offenders are considered " Tier one"? |
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What offenders are considered " Tier Two"? |
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What offenders are considered " Tier Three" ? |
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At " Tier one" who is notified? At "Tier Two"? At " Tier Three"? |
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What must the county Prosecutor's Office or law enforcement do prior to dissemination of any notification under " Tier Two" or "Tier Three"? |
They must go to the listed address and verify that the person who will be the subject of notification is in fact residing, working or attending school at the address. |
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Is there an instance when notification is allowed to take place without service of notice to the offender? |
Yes. When the registrant Intentionally avoids service of the notice. The prosecutor must be able to demonstrate that a good faith effort was made within an allotted time frame to serve the registrant. |
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Who has the discretion in the school to make the determination as to which personnel within the school should be informed of the notification, an which should have access to the Notice? |
The Principal |
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While certain employees and volunteers; such as, bus drivers, teachers, and security personnel, are to be considered for notification, the principal is not permitted to disseminate information to? |
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Any person who uses information from the internet registry to commit a disorderly persons offense or petty disorderly persons offense shall be guilty of what offense? |
Disorderly person offense |
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In conducting a " Tier Three" notification, the information you have to disseminate should under no circumstances be released to or shared with the media, or posted in public location. Yes or No. |
Yes |
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Since you may not confirm or deny that there is a notification in progress or that one has been conducted in any location, what do you say if you are asked while in the course of disseminating the notification forms? |
Confidential Police Work |
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Any inquiries from the media, members of the public, local officials or any other person not specially designated to receive information by the court order, should be referred to who? |
The County Prosecutor's Office Megan's Law Unit. |
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When Conducting a "Tier Three" notification to a place of business, who should be contacted? |
Owner, manager, or full-time supervisor in charge |
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You must hand deliver the notification form to what member of the household? |
An adult member |
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Any person summoned by or on behalf of a defendant charged with a driving while intoxicated ( DWI) or refusal to submit to chemical breath testing ( REFUSAL) violation must be provided with what? |
A written statement advising that summoned person of his or her " potential criminal and civil liability for permitting or facilitating the arrestee's operation of a motor vehicle while the arrestee remains intoxicate |
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Is the law enforcement Officer required to read the " Potential Liability Warning "- N.J.S.A. 39:4-50.22 to the person who will transport or accompany the defendant? |
No; the law enforcement officer is not required to read the potential liability warning to the person who will transport or accompany the defendant |
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Once the person has been advised, can the arrestee leave with the person? |
Yes, the arrestee can leave with the summoned person, as long as all the requirements have been met. |
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If an arrestee is in a condition that requires medical attention, who should transport the arrestee? |
The arrestee should be transported by either the law enforcement agency, or the First Aid or Rescue Squad, acting at the direction of the law enforcement agency, to a Medical facility for evaluation and/or treatment. Under that circumstance, a law enforcement officer must accompany the arrestee to the medical facility. |
