NJ LEE Criminal Law & Procedures 3 — Questions and Answers
Question 1: Which of the following best describes the 'plain feel' doctrine as recognized by the U.S. Supreme Court in Minnesota v. Dickerson?
- Officers may seize any item felt during a pat-down
- Officers may seize an item whose incriminating nature is immediately apparent during a lawful pat-down (Correct answer)
- Pat-down searches require a warrant
- Officers may conduct a full search if they feel anything unusual
Correct answer: Officers may seize an item whose incriminating nature is immediately apparent during a lawful pat-down
Plain feel doctrine allows seizure of contraband felt during a lawful pat-down only when its incriminating character is immediately apparent without manipulation.
Question 2: Under N.J.S.A. 2C:11-3, first-degree murder in New Jersey requires proof of what mental state?
- Negligence
- Recklessness
- Purposeful or knowing killing (Correct answer)
- Strict liability
Correct answer: Purposeful or knowing killing
New Jersey first-degree murder requires that the defendant purposely or knowingly caused the victim's death.
Question 3: The exclusionary rule primarily serves which purpose in the criminal justice system?
- To punish defendants for committing crimes
- To deter law enforcement from conducting unlawful searches and seizures (Correct answer)
- To compensate victims of illegal searches
- To streamline court proceedings
Correct answer: To deter law enforcement from conducting unlawful searches and seizures
The exclusionary rule deters police misconduct by prohibiting use of illegally obtained evidence, making unlawful searches unprofitable.
Question 4: An officer observes someone loitering near cars in a parking lot at 2 a.m. and notices a slim jim tool. Under New Jersey law, this most likely establishes:
- Probable cause to arrest for auto theft
- Reasonable suspicion to conduct an investigative stop (Correct answer)
- No legal basis for any action
- Grounds for a full search incident to arrest
Correct answer: Reasonable suspicion to conduct an investigative stop
The combination of late-night location, proximity to vehicles, and possession of a burglary tool provides reasonable articulable suspicion for a Terry stop.
Question 5: Under New Jersey's accomplice liability statute (N.J.S.A. 2C:2-6), a person is an accomplice if they:
- Are present at the scene of a crime
- Aid, agree to aid, or attempt to aid in the commission of an offense with the same purpose as the principal (Correct answer)
- Know about a crime but do not report it
- Benefit financially from a crime committed by another
Correct answer: Aid, agree to aid, or attempt to aid in the commission of an offense with the same purpose as the principal
Accomplice liability requires that the person aid or agree to aid with the same criminal purpose as the principal actor.
Question 6: Which exception to the warrant requirement permits an officer to enter a dwelling without a warrant when someone inside is in immediate danger?
- Plain view doctrine
- Exigent circumstances/emergency aid exception (Correct answer)
- Consent search exception
- Administrative search exception
Correct answer: Exigent circumstances/emergency aid exception
The emergency aid (exigent circumstances) exception allows warrantless entry when officers have an objectively reasonable basis to believe someone inside needs immediate assistance.
Question 7: Under N.J.S.A. 2C:17-1, arson in the first degree in New Jersey requires that the actor knowingly start a fire that:
- Damages any property worth over $500
- Purposely places another person in danger of death or bodily injury (Correct answer)
- Burns a vehicle on public property
- Destroys property belonging to a business
Correct answer: Purposely places another person in danger of death or bodily injury
First-degree arson requires that the actor purposely places another person in danger of death or serious bodily injury by starting the fire.
NJ LEE Criminal Law & Procedures 3
Which of the following best describes the 'plain feel' doctrine as recognized by the U.S.
Supreme Court in Minnesota v.
Dickerson?