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NJLawman.com    >    Promotional Exam Resource Center    >    Sergeant's Quiz 7 - Answers

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Sergeant's Quiz 7 - Answers




NJLawman.com
Police and Law Enforcement News
Friday, March 22, 2013 12:06 a.m.

 

1.     A.  From the AG Guideline on the Property and Evidence Function:

When property is found by a civilian, turned over to the police department for safekeeping, and the owner does not claim the property for six months, N.J.S.A. 40A:14-157(b) provides that the property shall be returned to the finder.

 

2.     C.  From the AG Guideline on K-9 Training Standards:

After initially qualifying as a K-9 patrol team or K-9 specialty team, the police officer handler and police dog team must at a minimum be re-evaluated semi-annually.

 

3.       A.  Self explanatory from page 9-19 of the AG Guideline on Firearms.

 

4.       B.  David's actions would constitute theft.  See the statute below:

2C:20-6.  Theft of property lost, mislaid, or delivered by mistake
A person who comes into control of property of another that he knows to have  been lost, mislaid, or delivered under a mistake as to the nature or amount of  the property or the identity of the recipient is guilty of theft if, knowing  the identity of the owner and with purpose to deprive said owner thereof, he  converts the property to his own use.

 

5.       D.  There are two primary distinctions between Theft and Unlawful Taking of Mans of Conveyance.

First, each of the three charging subsections in the Conveyance statute contains the following language:

...with purpose to withhold temporarily from the owner

The Theft statute has no such wording.

Second, the Conveyance statute only applies when the object of the theft is a "means of conveyance."  Think of it as the "means of transport" statute. 

In the statute, it even includes wording referring to "bicycles, motorized bicycles, boats, horses, vessels, surfboards, rafts, skimobiles, airplanes, trains, trams and trailers."

Below are the complete statutes for both:

2C:20-3.  Theft by unlawful taking or disposition
      a.  Movable property.    A person is guilty of theft if he unlawfully takes, or exercises unlawful control over, movable property of another with purpose to deprive him thereof.

      b.  Immovable property.    A person is guilty of theft if he unlawfully transfers any interest in immovable property of another with purpose to benefit  himself or another not entitled thereto.

2C:20-10.    Unlawful taking of means of conveyance.  
   a.   A person commits a disorderly persons offense if, with purpose to withhold temporarily from the owner, he takes, operates, or exercises control over any means of conveyance, other than a motor vehicle, without consent of the owner or other person authorized to give consent.  "Means of conveyance" includes but is not limited to motor vehicles, bicycles, motorized bicycles, boats, horses, vessels, surfboards, rafts, skimobiles, airplanes, trains, trams and trailers. It is an affirmative defense to prosecution under subsections a., b. and c. of this section that the actor reasonably believed that the owner or any other person authorized to give consent would have consented to the operation had he known of it.  

   b.   A person commits a crime of the fourth degree if, with purpose to withhold temporarily from the owner, he takes, operates or exercises control over a motor vehicle without the consent of the owner or other person authorized to give consent.  

   c.   A person commits a crime of the third degree if, with purpose to withhold temporarily from the owner, he takes, operates or exercises control over a motor vehicle without the consent of the owner or other person authorized to give consent and operates the motor vehicle in a manner that creates a risk of injury to any person or a risk of damage to property.  

   d.   A person commits a crime of the fourth degree if he enters and rides in a motor vehicle knowing that the motor vehicle has been taken or is being operated without the consent of the owner or other person authorized to consent. 
 

-NJLawman.com

 

 

 

 

   

 

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