Article 120 Warrant of Arrest

Question 1

CPL 120.10-1
Select the correct answer.
The function of a warrant of arrest is:
(a) to bring a defendant into court for arraignment
(b) to prevent the commission by the defendant of other crimes
(c) to demonstrate the seriousness of the criminal charge
(d) to ensure that the defendant is deprived of his liberty while the criminal action is pending
(e) to enable a preliminary hearing to be held.

Answer 1

Answer: (a)
Choice (a) is correct (CPL 120.10-1). The applicable section provides that the sole purpose of a warrant of arrest is to achieve a defendant’s court appearance for arraignment on an accusatory instrument.

Question 2

CPL 120.10.2
Select the correct answer.
In a warrant of arrest, a defendant:
(a) must be identified by his true name
(b) must be identified by whatever name he used at the time of the alleged offense
(c) may be identified by description, without using a name
(d) may be identified without use of any name, provided that the officer executing the warrant knows the person he seeks to arrest and executes the warrant on that person.

Answer 2

Answer: (c)
Choice (c) is correct (CPL 120.10-2). A description which identifies the subject “with reasonable certainty” is adequate. An example: white male, age about thirty, height six feet, light brown mustache and hair, scar over left eyebrow, residing in rear apartment on second floor of 123 Smith Street, Buffalo, New York.

Question 3

CPL 120.10-2
Select the correct answer.
A warrant of arrest in a criminal case must include the:
1. name of the court where the warrant is returnable
2. time and place of the crime
3. date the warrant is issued
(a) 1, 2 and 3
(b) 2 and 3, but not 1
(c) 1 and 2, but not 3
(d) 1 and 3, but not 2.

Answer 3

Answer: (d)
Choice (d) is correct (CPL 120.10-2). The time and place of the alleged offense is not required in the warrant. The warrant must contain the name or title of the offense charged in the accusatory instrument. Usually the approximate time and place of the alleged offense is included in the accusatory instrument and, in any event, is available later to the defendant.

Question 4

CPL 120.10-3
Select the correct answer.
A warrant of arrest may properly be addressed:
(a) only to a police officer who has the case, or his police partner
(b) only to an officer assigned to the specific police office or command in which the alleged offense was committed
(c) to a classification of police officers, such as “any police officer of the Nassau County Police Department”
(d) only to one or more police officers designated by name; for example, New York City Police Department Police Officers Alice Adams and Benjamin Brooks.

Answer 4

Answer: (c)
Choice (c) is correct (CPL 120.10-3).
CPL 120.50 provides that a warrant of arrest may be addressed to any police officer or classification of police officers… whose geographical area of employment embraces either the place where the offense charged was allegedly committed or the locality of the court by which the warrant is issued.

Question 5

CPL 120.20-2
Select the correct answer.
When a criminal action has been commenced by filing an accusatory instrument which is sufficient on its face, and the defendant has not been arraigned or come under court control, the court:
(a) must supply the accused with counsel
(b) may refuse to issue a warrant of arrest based thereon until the court has satisfied itself, by inquiry or examination of witnesses, that there is reasonable cause to believe defendant committed an offense charged
(c) may refuse to issue a warrant of arrest based thereon until the court has satisfied itself, by inquiry or examination of witnesses, that there is reasonable cause to believe defendant committed the crime charged, only if the accusatory instrument charges a felony
(d) must issue a warrant of arrest in order that defendant be arraigned on the accusatory instrument.

Answer 5

Answer: (b)
Choice (b) is correct (CPL 120.20-2). May refuse to issue a warrant of arrest based thereon until the court has satisfied itself, by inquiry or examination of witnesses, that there is reasonable cause to believe defendant committed an offense charged

Question 6

CPL 120.20-3
Select the correct answer.
A defendant has been charged in a filed accusatory instrument, sufficient on its face, with a felony. The court is satisfied that the defendant will respond to the charge when he learns of it. In this situation the court:
(a) may issue a warrant of arrest
(b) must issue a warrant of arrest
(c) has no authority to issue a warrant of arrest
(d) may exercise its discretion, without restriction, to obtain defendant’s appearance for arraignment.

Answer 6

Answer: (c)
Choice (c) is correct (CPL 120.20-3). Has no authority to issue a warrant of arrest

Question 7

CPL 120.30-1
Select the correct answer.
A warrant of arrest for an adult may be issued:
(a) only by superior courts
(b) only by the local criminal court with which the underlying accusa- tory instrument has been filed
(c) by any New York State criminal court, in any case
(d) by any federal court within the state.

Answer 7

Answer: (b)
Choice (b) is correct (CPL 120.30-1). Only by the local criminal court with which the underlying accusatory instrument has been filed

Question 8

CPL 120.55
Select the correct answer.
An adult defendant is out on parole from a sentence in an earlier case. The local criminal court has just issued a warrant for his arrest on an unrelated charge. The warrant may be executed by:
(a) a police officer, only
(b) a parole officer, only
(c) a parole officer or police officer
(d) any federal agent.

Answer 8

Answer: (c)
Choice (c) is correct (CPL 120.55). The section extends the authority for a warrant of arrest in this situation to be executed by a parole officer, upon the same conditions and in the same manner as the warrant might be executed by a police officer.

Question 9

CPL 120.60
Select the correct answer.
Assume that a warrant of arrest issued by the New York City Criminal Court is addressed to a New York City police officer. The officer is informed by Buffalo, New York police, that the person named in the warrant is in Buffalo. Under these circumstances, to effect the arrest most quickly, the New York City officer:
(a) can do nothing
(b) should contact the person in Buffalo and ask him to come to New York City so that he can be arrested in New York City
(c) should send the warrant by mail or air express to the Buffalo police so that they may have it endorsed by a Buffalo judge to permit it to be used in Buffalo, and then have the Buffalo police execute the warrant by arresting the person and showing him the warrant
(d) should call the Buffalo police, tell them that he has the warrant in New York City, and ask a Buffalo police officer to act as his agent in arresting the defendant.

Answer 9

Answer: (d)
Choice (d) is correct (CPL 120.60, 120.70). A warrant issued by the New York City Criminal Court may be executed anywhere in the state. In the given situation the New York City police officer may delegate his authority under the warrant to a Buffalo police officer. This delegation of authority may be by “tele-communication, mail or any other means.”

Question 10

CPL 120.60-3
Select the correct answer.
When a police officer delegates another police officer to execute a warrant of arrest, the first police officer may do so:
(a) only by hand delivering the warrant
(b) by mail or telecommunication
(c) by having the local criminal court in the second officer’s jurisdiction issue a duplicate warrant
(d) only by registered mail.

Answer 10

Answer: (b)
Choice (b) is correct (CPL 120.60-3). The section provides that the delegation of authority to arrest may be by “tele-communication, mail or any other means.”

Question 11

CPL 120.70
Select the correct answer.
A warrant of arrest issued by the District Court of Nassau County may be executed:
(a) only in Nassau County
(b) only in Nassau County, Suffolk County or Queens County
(c) outside of Nassau County only if endorsed by a local judge to permit its use outside of Nassau County
(d) anywhere in the state, without endorsement.

Answer 11

Answer: (d)
Choice (d) is correct (CPL 120.70). The District Court, which exists only in Nassau and Suffolk counties of New York, may issue warrants of arrest which may be executed anywhere in the state, without endorsement.

Question 12

CPL 120.70-2
Select the correct answer.
A warrant of arrest issued by the town court of the Town of Hillsdale, New York, (located in Columbia County) may be executed:
(a) only in the Town of Hillsdale
(b) only in the Town of Hillsdale or in any adjoining town
(c) only in Columbia County
(d) in Columbia County or in an adjoining county.

Answer 12

Answer: (d)
Choice (d) is correct (CPL 120.70-2). In addition to this, the warrant may be executed anywhere in the state upon written endorsement by a local criminal court of the county in which the arrest is to be made.

Question 13

CPL 120.80-1
Select the correct answer.
A warrant of arrest may be executed on any day of the week and at any hour of the day or night:
(a) regardless of the offense on which it is based
(b) only if the crime on which it is based is a felony
(c) only if the crime on which it is based is a felony or misdemeanor
(d) only if there is a reasonable belief that the defendant is about to leave the state.

Answer 13

Answer: (a)
Choice (a) is correct (CPL 120.80-1). The warrant may be executed at any time regardless of the offense on which it is based.

Question 14

CPL 120.80-2
Select the correct answer.
At the time of arrest pursuant to a warrant, it is required that the officer in all cases:
(a) have the warrant and show it on request
(b) have authority based on the issuance of the warrant, even though he does not have physical possession of the warrant
(c) have the warrant and show it, whether or not requested
(d) have the warrant.

Answer 14

Answer: (b)
Choice (b) is correct (CPL 120.80-2). If the officer has the warrant, he must show it if requested. If he does not have the warrant, he must show it as soon as possible after the arrest. He is not required to have possession of the warrant at the time of arrest.

Question 15

CPL 120.80-3
Select the correct answer.
The use of deadly physical force by a police officer in making an arrest pursuant to a warrant of arrest is:
(a) governed by Penal Law provisions
(b) governed by the authorization in the warrant relating to the use of deadly physical force
(c) determined solely by the nature and degree of the offense for which the arrest is ordered
(d) determined by the officer making the arrest, by his experience and judgment in the situation.

Answer 15

Answer: (a)
Choice (a) is correct (CPL 120.80-3). The justifiable use of deadly physical force in this situation is governed by Penal Law section 35.30.

Question 16

CPL 120.80-4, 5
Select the correct answer.
A police officer has a warrant of arrest for Brown. When the officer arrives at Brown’s residence, where Brown lives alone, and informs Brown of his authority and purpose, Brown refuses to let him in. According to CPL, the officer:
(a) may only break into the premises if he possesses a special warrant containing a provision granting such authority
(b) may not break into the premises under any circumstances
(c) may only break into the premises if the warrant was issued by a superior court judge sitting as a local criminal court
(d) may break into the premises.

Answer 16

Answer: (d)
Choice (d) is correct (CPL 120.80-4, 5).
Note that the question reads “According to CPL.…” If the premises is the dwelling of a third party who is not the subject of the arrest warrant, the officer should proceed as specified in CPL Article 690.

Question 17

CPL 120.90-1
Select the correct answer.
An adult defendant is arrested on a warrant of arrest within the county of the warrant’s issuance by the officer to whom the warrant is addressed. Except for electronic arraignment, when authorized, the officer:
(a) may bring the defendant before any court in the county which includes the place where the warrant was issued
(b) must bring the defendant before the local criminal court in which the warrant is returnable
(c) must bring the defendant before a superior court in the county, if the underlying offense was a felony
(d) may bring the defendant before the local criminal court in which the warrant was returnable, or before any adjoining local criminal court.

Answer 17

Answer: (b)
Choice (b) is correct (CPL 120.90-1). However, provided that where a local criminal court in the county in which the warrant is returnable is operating an off-hours arraignment part, specified by law, the police officer may bring the defendant before such local criminal court.

Question 18

CPL 120.90-1
Select the correct answer.
Except for electronic arraignment, when authorized, when a defendant is arrested on a warrant of arrest, he must be brought before the issuing court:
(a) immediately
(b) within twenty-four hours
(c) without unnecessary delay
(d) within forty-eight hours.

Answer 18

Answer: (c)
Choice (c) is correct (CPL 120.90-1). No fixed period is limited by the section but it is clearly the legislative intent to transfer custody of the arrested person, as soon as reasonably possible under the circumstances, from police to court jurisdiction. Assuming a defendant needs emergency medical treatment this would constitute delay made necessary by the circumstances.

Question 19

CPL 120.90-2
Select the correct answer.
In the case of an arrest under a felony warrant by a delegated police officer in a county at some distance from the county within which the warrant was issued, the delegated officer must deliver the defendant or cause him to be delivered to the custody of the officer by whom he was delegated:
(a) within twenty-four hours
(b) within twenty-four hours plus an additional hour for each fifty miles of distance between the two counties
(c) within forty-eight hours
(d) without unnecessary delay.

Answer 19

Answer: (d)
Choice (d) is correct (CPL 120.90-2). Without unnecessary delay.

Question 20

CPL 120.90-4
Select the correct answer.
Upon arresting a defendant for an offense other than a felony pursuant to a warrant of arrest in a county other than the one in which the warrant is returnable or one adjoining it, the police officer delegated to execute the warrant in such county may hold the defendant for the purpose of delivering him to the custody of the officer by whom he was delegated for a period not exceeding:
(a) two hours
(b) four hours
(c) eight hours
(d) twelve hours.

Answer 20

Answer: (a)CPL 120.90-4(a)

TWO HOURS

Question 21

CPL 120.90-5
Select the correct answer.
If a defendant is arrested on a warrant of arrest issued by a town court and the town court is not available at the time, the officer may, if a copy of the underlying accusatory instrument is attached to the warrant:
(a) hold the defendant in his custody until the town court is available
(b) bring the defendant before any available local criminal court
(c) bring the defendant before any local criminal court of an adjoining town in the same county
(d) release the defendant pending further appearance before the town court which issued the warrant, upon the defendant’s posting station-house bail in the amount of one hundred dollars.

Answer 21

Answer: C (Amended, 2022)
Choice (c) is correct (CPL 120.90-5).

Question 22

CPL 120.90-6
Select the correct answer.
When a defendant is arrested pursuant to a warrant, fingerprinting and other preliminary police duties should be performed:
(a) immediately upon arrest, in all cases
(b) after arraignment, in police discretion
(c) while awaiting trial
(d) within twenty-four hours after the arrest
(e) without unnecessary delay.

Answer 22

Answer: (e)
Choice (e) is correct (CPL 120.90-6). Without unnecessary delay.

Question 23

CPL 120.90-7
Select the correct answer.
Upon arresting a juvenile offender or adolescent offender, a police officer must notify the parents:
(a) immediately
(b) without unnecessary delay
(c) as soon as possible
(d) if the juvenile requests this.

Answer 23

Answer: (a)
Choice (a) is correct (CPL 120.90-7) Immediately

Question 24

CPL 130.10-8
Select the correct answer.
Upon arresting an adult defendant pursuant to a warrant of arrest, a police officer must, generally, upon request, permit the defendant to make a phone call to:
(a) the defendant’s home, only
(b) to a phone in New York State, only
(c) to a phone anywhere in the world
(d) to a phone anywhere in the U.S. or Puerto Rico.

Answer 24

d) to a phone anywhere in the U.S. or Puerto Rico