NYPD 2ND TRIMESTER REVIEW 2026 CRIMINAL
LAW AND PROCEDURES ASSESSMENT STUDY
GUIDE COMPLETE QUESTIONS AND ANSWERS
◉ Stop, Question, and Frisk. Answer: A frisk is a protective measure.
In order to conduct a frisk, a police officer must reasonably suspect
that the person stopped is armed and dangerous. (Terry v. Ohio).
The frisk must be strictly limited to a running of the hands or pat-
down of the outside of a person's clothing, feeling for weapons that
could harm the police officer or others nearby.
◉ Hot Pursuit. Answer: Where the police have established probable
cause and are chasing a suspect for the purpose of making an arrest.
When these conditions exist, the police may follow the suspect into
any constitutionally protected area, i.e., the suspect's home or a third
party's residence. This is usually based upon an officer's direct
observation of the suspect's flight. An exception may occur when an
officer momentarily loses sight of the suspect and is informed by a
third party of the suspect's location.
◉ Inventory Procedure. Answer: It is an administrative procedure
aimed at protecting the prisoner's property from loss or damage
while in police custody, while also ensuring the City and the officer
will be free from any civil claim. To that end, it is reasonable and
proper that an officer inspect all items that come into the officer's
custody.
,Since the reason for such inspection is not to obtain evidence of a
crime, it is not considered a search within the definition of the
Fourth Amendment, and is governed by different standards. This
procedure must be used solely as a measure to safeguard property
and not as a means to search for evidence. However, if while
conducting an inventory of personal property, the officer finds
contraband or incriminating material, he may seize it and commence
criminal charges against the owner.
◉ Cell Phone Search. Answer: -Cannot be searched under SILA
- Need a warrant to search
◉ Garbage Search. Answer: police can go through trash and seize
anything illegal as long as the garbage is left outside of private
property and been legally abandoned
◉ Arrest Warrant Requirements. Answer: -Date of issuance
-Name of issuing court
-Name of offense concerned
-Name of defendant or any name or description by which he can be
identified
-Police officer(s) to whom addressed
-Judge's endorsement.
,◉ Execution of Warrant. Answer: A search warrant must be executed
between 6:00 A.M. and 9:00 P.M., unless otherwise authorized by the
court. It must be executed within ten (10) calendar days after the
date of issuance, including weekends and holidays.
◉ Desk Appearance Ticket (DAT). Answer: The NYPD issues Desk
Appearance Tickets (D.A.T.'s), in lieu of detention, for all violations,
misdemeanors and class E-felonies, when a person is eligible.
◉ The "Room Presumption". Answer: Officers may arrest individuals
for criminal possession of a controlled substance pursuant to the
"room presumption." The "room presumption" provides that there is
probable cause to arrest individuals found in a premise that appears
to be used primarily for the manufacture and/or sale of drugs.
◉ Constructive Possession. Answer: officers have probable cause to
arrest anyone who resides in a dwelling when:
- Contraband is discovered in plain view, and
- It reasonably appears that all residents of the dwelling exercised
dominion and control over the area where contraband was found.
◉ Harassment 2nd Degree - Violation. Answer: with intent to harass,
annoy, or alarm another person by:
, -Physical Contact: strikes, shoves, kicks, or otherwise subjects any
person to physical contact, or attempts or threatens to do the same.
-Annoying by Following: follows a person in or about a public place.
-Annoying Conduct Generally: engages in a course of conduct or
repeatedly commits acts which alarm or seriously annoy other
persons and which serve no legitimate purpose.
◉ Harassment 1st Degree - Misdemeanor. Answer: when, with intent
to harass, annoy, or alarm another person:
1. Repeatedly Annoys by Following
2. He or she engages in a course of conduct or repeatedly commits
acts, which place
such person in reasonable fear of physical injury.
*KEY IS REPEATED*
◉ Aggravated Harassment 2nd Degree - Misdemeanor. Answer: 1.
With intent to harass another person, he or she communicates or
causes a communication to be initiated, anonymously or otherwise,
by telephone, by computer or any other electronic means, or by mail,
or by transmitting or delivering any other form of communication,
that threatens to cause physical harm to a victim or someone from
that victim's family or household, or harm to the victim's property or
the property of the victim's family or household
LAW AND PROCEDURES ASSESSMENT STUDY
GUIDE COMPLETE QUESTIONS AND ANSWERS
◉ Stop, Question, and Frisk. Answer: A frisk is a protective measure.
In order to conduct a frisk, a police officer must reasonably suspect
that the person stopped is armed and dangerous. (Terry v. Ohio).
The frisk must be strictly limited to a running of the hands or pat-
down of the outside of a person's clothing, feeling for weapons that
could harm the police officer or others nearby.
◉ Hot Pursuit. Answer: Where the police have established probable
cause and are chasing a suspect for the purpose of making an arrest.
When these conditions exist, the police may follow the suspect into
any constitutionally protected area, i.e., the suspect's home or a third
party's residence. This is usually based upon an officer's direct
observation of the suspect's flight. An exception may occur when an
officer momentarily loses sight of the suspect and is informed by a
third party of the suspect's location.
◉ Inventory Procedure. Answer: It is an administrative procedure
aimed at protecting the prisoner's property from loss or damage
while in police custody, while also ensuring the City and the officer
will be free from any civil claim. To that end, it is reasonable and
proper that an officer inspect all items that come into the officer's
custody.
,Since the reason for such inspection is not to obtain evidence of a
crime, it is not considered a search within the definition of the
Fourth Amendment, and is governed by different standards. This
procedure must be used solely as a measure to safeguard property
and not as a means to search for evidence. However, if while
conducting an inventory of personal property, the officer finds
contraband or incriminating material, he may seize it and commence
criminal charges against the owner.
◉ Cell Phone Search. Answer: -Cannot be searched under SILA
- Need a warrant to search
◉ Garbage Search. Answer: police can go through trash and seize
anything illegal as long as the garbage is left outside of private
property and been legally abandoned
◉ Arrest Warrant Requirements. Answer: -Date of issuance
-Name of issuing court
-Name of offense concerned
-Name of defendant or any name or description by which he can be
identified
-Police officer(s) to whom addressed
-Judge's endorsement.
,◉ Execution of Warrant. Answer: A search warrant must be executed
between 6:00 A.M. and 9:00 P.M., unless otherwise authorized by the
court. It must be executed within ten (10) calendar days after the
date of issuance, including weekends and holidays.
◉ Desk Appearance Ticket (DAT). Answer: The NYPD issues Desk
Appearance Tickets (D.A.T.'s), in lieu of detention, for all violations,
misdemeanors and class E-felonies, when a person is eligible.
◉ The "Room Presumption". Answer: Officers may arrest individuals
for criminal possession of a controlled substance pursuant to the
"room presumption." The "room presumption" provides that there is
probable cause to arrest individuals found in a premise that appears
to be used primarily for the manufacture and/or sale of drugs.
◉ Constructive Possession. Answer: officers have probable cause to
arrest anyone who resides in a dwelling when:
- Contraband is discovered in plain view, and
- It reasonably appears that all residents of the dwelling exercised
dominion and control over the area where contraband was found.
◉ Harassment 2nd Degree - Violation. Answer: with intent to harass,
annoy, or alarm another person by:
, -Physical Contact: strikes, shoves, kicks, or otherwise subjects any
person to physical contact, or attempts or threatens to do the same.
-Annoying by Following: follows a person in or about a public place.
-Annoying Conduct Generally: engages in a course of conduct or
repeatedly commits acts which alarm or seriously annoy other
persons and which serve no legitimate purpose.
◉ Harassment 1st Degree - Misdemeanor. Answer: when, with intent
to harass, annoy, or alarm another person:
1. Repeatedly Annoys by Following
2. He or she engages in a course of conduct or repeatedly commits
acts, which place
such person in reasonable fear of physical injury.
*KEY IS REPEATED*
◉ Aggravated Harassment 2nd Degree - Misdemeanor. Answer: 1.
With intent to harass another person, he or she communicates or
causes a communication to be initiated, anonymously or otherwise,
by telephone, by computer or any other electronic means, or by mail,
or by transmitting or delivering any other form of communication,
that threatens to cause physical harm to a victim or someone from
that victim's family or household, or harm to the victim's property or
the property of the victim's family or household
