NJ LEE Patrol Techniques & Traffic Enforcement 5 — Questions and Answers
Question 1: An officer stops a vehicle for speeding and notices the driver is a fellow off-duty law enforcement officer from another jurisdiction. The officer should:
- Release the driver immediately with a verbal warning as a professional courtesy
- Follow standard enforcement procedures and apply the same discretion used with any other driver (Correct answer)
- Arrest the driver for abuse of authority
- Confiscate the off-duty officer's weapon
Correct answer: Follow standard enforcement procedures and apply the same discretion used with any other driver
Professional courtesy is discretionary and must be balanced against agency policy; the stop must still be handled according to standard procedure to avoid discrimination claims.
Question 2: The NHTSA-recommended clue threshold for failing the Walk-and-Turn SFST is:
- 1 or more clues out of 8
- 2 or more clues out of 8 (Correct answer)
- 3 or more clues out of 8
- 4 or more clues out of 8
Correct answer: 2 or more clues out of 8
NHTSA research indicates that 2 or more clues on the Walk-and-Turn test predicts BAC of 0.08% or higher with approximately 79% accuracy.
Question 3: A vehicle pursuit should be TERMINATED when:
- The suspect exceeds 90 mph
- The risks to the public and officers outweigh the law enforcement need to apprehend (Correct answer)
- The suspect crosses a county line
- The pursuit lasts more than five minutes
Correct answer: The risks to the public and officers outweigh the law enforcement need to apprehend
Most pursuit policies, including NJSP model policy, require continuous risk-benefit analysis and mandate termination when public risk becomes disproportionate.
Question 4: Under New Jersey's School Zone drug law, drug distribution within 1,000 feet of a school property carries:
- A mandatory minimum of three years without parole (Correct answer)
- Double the ordinary maximum fine only
- The same penalty as distribution outside the zone
- A civil infraction
Correct answer: A mandatory minimum of three years without parole
N.J.S.A. 2C:35-7 imposes a mandatory minimum term of three years without parole for drug distribution within 1,000 feet of a school.
Question 5: An officer discovers a handgun in a vehicle after a lawful search. The driver has a valid New Jersey Permit to Carry. The officer's NEXT step should be to:
- Immediately arrest the driver for unlawful possession
- Verify the permit's validity and ensure the firearm meets the permit conditions (Correct answer)
- Confiscate the firearm pending further review
- Issue a warning and return the firearm without verification
Correct answer: Verify the permit's validity and ensure the firearm meets the permit conditions
A valid New Jersey Permit to Carry authorizes lawful carry, but the officer must confirm the permit's current validity and that the weapon conforms to permit conditions.
Question 6: When an officer at a DWI checkpoint must decide which vehicles to stop, the selection method must be:
- Based on driver appearance and age
- Neutral and pre-established, such as every third vehicle (Correct answer)
- Left entirely to each officer's discretion
- Focused on vehicles with out-of-state plates
Correct answer: Neutral and pre-established, such as every third vehicle
Checkpoint stops must follow a neutral, pre-established plan (e.g., every third car) to satisfy constitutional requirements against arbitrary police intrusion.
Question 7: A patrol officer notices a parked vehicle with the engine running, a driver slumped over the wheel, and an odor of alcohol. For DWI purposes, 'operation' of the vehicle in New Jersey:
- Requires the vehicle to be moving
- Can be established even while the vehicle is stationary if the defendant was in physical control (Correct answer)
- Cannot be proven without a witness to the driving
- Requires a confession from the driver
Correct answer: Can be established even while the vehicle is stationary if the defendant was in physical control
New Jersey courts apply a 'physical control' doctrine — a person in the driver's seat with the engine running can be found to have operated the vehicle for DWI purposes.
NJ LEE Patrol Techniques & Traffic Enforcement 5
An officer stops a vehicle for speeding and notices the driver is a fellow off-duty law enforcement officer from another jurisdiction.
The officer should: