NJ LEE Criminal Law & Procedures 4 — Questions and Answers
Question 1: Under Garrity v. New Jersey, statements made by a public employee under threat of job loss during an internal investigation:
- Are fully admissible in criminal proceedings
- Cannot be used against the employee in a criminal prosecution (Correct answer)
- Are considered voluntary and admissible
- May be used only with court approval
Correct answer: Cannot be used against the employee in a criminal prosecution
Garrity protects public employees from having compelled statements (made under threat of termination) used against them in criminal proceedings.
Question 2: New Jersey law defines 'knowingly' as a culpability standard where the actor:
- Consciously disregards a substantial risk
- Is aware that conduct is of that nature or that circumstances exist (Correct answer)
- Acts with a conscious objective to cause a result
- Fails to perceive a substantial risk
Correct answer: Is aware that conduct is of that nature or that circumstances exist
Under N.J.S.A. 2C:2-2, a person acts 'knowingly' when they are aware that their conduct is of that nature or that certain circumstances exist.
Question 3: A warrantless search of a vehicle is constitutional under the automobile exception when:
- The driver gives implied consent by operating on public roads
- Officers have probable cause to believe the vehicle contains contraband or evidence of a crime (Correct answer)
- The vehicle is parked in a public lot
- The officer has reasonable suspicion of any traffic violation
Correct answer: Officers have probable cause to believe the vehicle contains contraband or evidence of a crime
The automobile exception allows warrantless searches when officers have probable cause to believe contraband or evidence of crime is present in the vehicle.
Question 4: Under N.J.S.A. 2C:29-2, eluding a law enforcement officer is a crime of the second degree when the flight:
- Occurs at night
- Creates a risk of death or injury to any person (Correct answer)
- Exceeds posted speed limits by 20 mph
- Involves a vehicle registered out of state
Correct answer: Creates a risk of death or injury to any person
Eluding is elevated to a second-degree crime when the actor's flight creates a risk of death or bodily injury to any person.
Question 5: The concept of 'curtilage' in Fourth Amendment law refers to:
- The interior rooms of a dwelling
- The area immediately surrounding a home that shares the home's expectation of privacy (Correct answer)
- Any private property within city limits
- A fenced area used exclusively for commercial purposes
Correct answer: The area immediately surrounding a home that shares the home's expectation of privacy
Curtilage is the area immediately adjacent to a home where the occupant has a reasonable expectation of privacy similar to the home itself.
Question 6: Under New Jersey law, which of the following is NOT a required element of burglary (N.J.S.A. 2C:18-2)?
- Entering a structure
- Without license or privilege
- With purpose to commit an offense therein
- Actually completing the intended offense inside (Correct answer)
Correct answer: Actually completing the intended offense inside
Burglary is complete upon unlawful entry with intent to commit an offense — the intended crime need not be completed.
Question 7: Which Miranda warning component informs a suspect that any statement they make can be used against them?
- Right to remain silent
- Right to an attorney
- Anything you say can and will be used against you in a court of law (Correct answer)
- Right to appointed counsel if you cannot afford one
Correct answer: Anything you say can and will be used against you in a court of law
The third Miranda warning specifically informs suspects that their statements may be used as evidence against them in court.
NJ LEE Criminal Law & Procedures 4
Under Garrity v.
New Jersey, statements made by a public employee under threat of job loss during an internal investigation: