NJ LEE Criminal Law & Procedures 2 — Questions and Answers
Question 1: Under New Jersey law, what is the legal standard for an officer to conduct a Terry stop (investigative detention)?
- Probable cause to believe a crime occurred
- Reasonable articulable suspicion of criminal activity (Correct answer)
- Preponderance of the evidence
- Beyond a reasonable doubt
Correct answer: Reasonable articulable suspicion of criminal activity
A Terry stop requires reasonable articulable suspicion — specific facts that would lead a reasonable officer to suspect criminal activity.
Question 2: In New Jersey, which offense classification carries a maximum sentence of 18 months in prison?
- Crime of the first degree
- Crime of the third degree
- Crime of the fourth degree (Correct answer)
- Disorderly persons offense
Correct answer: Crime of the fourth degree
A crime of the fourth degree in New Jersey carries a maximum sentence of 18 months imprisonment.
Question 3: A suspect invokes the right to counsel during custodial interrogation. Under Edwards v. Arizona, what must officers do?
- Continue questioning about unrelated crimes
- Allow a 30-minute break then resume
- Cease all questioning until an attorney is present (Correct answer)
- Obtain a supervisor's permission to continue
Correct answer: Cease all questioning until an attorney is present
Under Edwards v. Arizona, once a suspect invokes the right to counsel, all interrogation must cease until an attorney is present.
Question 4: Which doctrine allows evidence obtained illegally by officers acting in good faith reliance on a warrant later found to be defective?
- Fruit of the poisonous tree
- Good faith exception (Correct answer)
- Plain view doctrine
- Inevitable discovery
Correct answer: Good faith exception
The good faith exception (United States v. Leon) permits use of evidence when officers reasonably relied on a warrant that is later invalidated.
Question 5: Under N.J.S.A. 2C:12-1, simple assault committed by mutual consent between adults is classified as what?
- Crime of the third degree
- Crime of the fourth degree
- Disorderly persons offense
- Petty disorderly persons offense (Correct answer)
Correct answer: Petty disorderly persons offense
Mutual consent simple assault between adults is downgraded to a petty disorderly persons offense under N.J.S.A. 2C:12-1.
Question 6: What element distinguishes robbery from theft under New Jersey criminal law?
- The value of property taken
- The use or threat of force during the taking (Correct answer)
- The time of day the crime occurs
- Whether the victim knew the suspect
Correct answer: The use or threat of force during the taking
Robbery (N.J.S.A. 2C:15-1) is theft accompanied by the use or threatened use of force, making it a more serious offense than simple theft.
Question 7: Under the New Jersey Constitution, Article I, Paragraph 7, search warrant applications must be supported by:
- Officer testimony alone
- An oath or affirmation describing the place and items to be searched (Correct answer)
- Eyewitness identification only
- A court order issued by a prosecutor
Correct answer: An oath or affirmation describing the place and items to be searched
The NJ Constitution requires warrants to be supported by oath or affirmation and to particularly describe the place to be searched and items to be seized.
NJ LEE Criminal Law & Procedures 2
Under New Jersey law, what is the legal standard for an officer to conduct a Terry stop (investigative detention)?