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MPOETC Final Exam Questions with
100% Correct Answers 2024
What statute allows citizens to use force? - Correct Answer-> 505 What statute allows law enforcement to use force? - Correct Answer-> 508 Statute of Limitations - Correct Answer-> Time you were made aware of charges What are the four types of culpability? - Correct Answer-> Intentionally
Knowingly Recklessly Negligently What is not a defense of culpability? (304) - Correct Answer-> Ignorance of the law Voluntary intoxication/drugged What is a defense for culpability? - Correct Answer-> Duress Insanity Guilty but mentally ill Involuntary intoxication What types of encounters does law enforcement have with the public? - Correct Answer-> Mere encounter Investigatory detention Custodial detention/arrest What type of proof do you need for an investigatory detention? - Correct Answer-> Reasonable suspicion What type of proof do you need for a custodial detention? - Correct Answer-> Probable Cause What are the three components of the Criminal Justice System? - Correct Answer-> Law enforcement Courts Corrections Level of Government - Correct Answer-> Local/municipal County State Federal
Courts (court system) - Correct Answer-> Local (minor courts)
Court of common pleas (appeals from minor cases) Commonwealth court (state court) Superior court Supreme court Federal court Initial Appearance (preliminary arraignment) - Correct Answer-> Defendant is brought before a judge to hear charges & a bail decision Preliminary Hearing - Correct Answer-> show the court the prosecution has a "prima facie" case (on the surface it warrants putting the defendant through a prosecution & using the state's resources to pursue the matter) Formal Arraignment - Correct Answer-> Defendant hears charges to be tried & enters plea if plead guilty or solo contenders (no contest) may have a hearing to determine penalty or may go immediately to sentencing stage defendant may plea "not guilty" then the case proceeds to next level Common Pleas Court (criminal court) - Correct Answer-> Trial by jury Trials have two primary stages:
- presentation of prosecution
- presentation of defense, if defendant elects to do so Bail - Correct Answer-> A bond to insure the appearance of the defendant in court if they are not to be held in custody until trial ROR ( released on recognizance) - Correct Answer-> Their word they will appear in court is their bond PA is the only state in which the grand jury has what? - Correct Answer-> No authority to indict Pre-motion Trial - Correct Answer-> These motions may address the admissibility of evidence, or venue changes
In this stage the plea negotiations most likely will take place or diversionary programs such as Accelerated Rehabilitative Disposition What are the three eras of policing? - Correct Answer-> Political era Reform era Community era Political Era - Correct Answer-> Police often obtained their job as favors by politicians to constituents who had financially backed them Ex. big buff male would get job)
Rule 600 - Correct Answer-> Guarantees the right to a speedy trial for all criminal defendants; the Commonwealth (District Attorney) is required to bring a criminal defendant to trial
If person is out of jail: 365 days If person is in jail: 180 days ** if not met within 180 days, person is released on conditions;ex. halfway house, programming) What is the retrial period for an individual in jail and a mistrial takes place? - Correct Answer-> 120 days Four Sources of Law Governing Police Officers Power to Arrest - Correct Answer-> 4th Amendment Article 1 Section 8 (PA) Case Law (US & PA court decision) Statutory Law (PA rules of criminal procedure) What is the minimum legal proof necessary to justify the seizure of a person by lawful authority? - Correct Answer-> Probable cause 4 Corner Rule - Correct Answer-> If it's not in the affidavit it DOES NOT count Sources of Probable Cause - Correct Answer-> Observation made through officers senses Reliable info that the officer received from others Info that the officer receives through investigation What are the two clauses that fall under the 4th amendment? - Correct Answer-> Privacy clause Warrant clause Privacy Clause - Correct Answer-> People have the right to be secure (feel safe) in their persons (arrest), houses (home), papers & effects from unreasonable searches & seizures Only prohibits unreasonable searches Warrant Clause - Correct Answer-> Warrant must be:
- based on probable cause
- supported by oath or affirmation (judicial authority to sign off; judge/magistrate)
- describe place to be search
- describe person or item(s) to be seized May seize 5 categories of items in a search incident to arrest - Correct Answer-> Fruit of a crime (anything gained; money)
Instruments of crime (fun, knife, bat)
Contraband (anything illegal/drugs) Other evidence of a crime (clothing) Any item the suspect may use to hurt himself/others while in custody (belt, keys, shoe laces) Abandoned Property - Correct Answer-> Abandoned property is admissible evidence except where abandonment is coerced by lawful police action (Commonwealth v. Harris) Abandonment Example - Correct Answer-> Two people talking, they see the police, get nervous, run & drop bag; officer looks in bag & finds drugs Arrest is good b/c abandonment (on own free will) Forced (coerced) Abandonment - Correct Answer-> When an officer chases a person w/o probable cause or reasonable suspicion, a "seizure" occurs; property which the person discards while fleeing under such circumstances
is the fruit of that unlawful seizure & is subject to suppression Forced Abandonment Example - Correct Answer-> Two people talking, officer stated "hey come here", & they take off running & drop bag; officer looks in & finds drugs
Arrest is not good b/c of forced coercion Commonwealth v. Gary - Correct Answer-> Permitted to search vehicle w/ probable cause to stop vehicle Independent probable cause separate from the traffic stop Independent probable cause that evidence of a crime or contraband is in the vehicle Justification for a Detention - Correct Answer-> Flight High Crime Area Officer's Experience Tips Anonymous Tips Combined, these justifications create justifications Grading - Correct Answer-> The grading of the offense dictates whether a physical arrest can be made on scene, the actor is released & summoned or an arrest warrant must be filed for prior to arrest Tolling - Correct Answer-> A legal doctrine the allows for the pausing or delaying of the running of the period of the time set forth by a statute of limitations On View Arrest - Correct Answer-> Any felony, or any misdemeanors in view of officer, based on grading or exception to laws of arrest when authorized by law Summary Offense - Correct Answer-> Not classified as a crime, but as an
M'Naghten Rule - Correct Answer-> Rule that determines whether a suspect's plea for criminally insane is accepted or not
a test for criminal insanity Deadly Force - Correct Answer-> Capable of causing death/serious bodily injury/permanent disfigurement Inchoate Crimes - Correct Answer-> Crimes that are committed before or in preparation for committing another crime Offenses - Correct Answer-> Felony 1: 20yrs, $25,000 fine Felony 2: 10 yrs, $25,000 fine Felony 3: 7 yrs, $15,000 fine Misdemeanor 1: 5 yrs, $10,000 fine Misdemeanor 2: 2 yrs, $5,000 fine Misdemeanor 3: 1 yr, $2,500 fine Summary: 90 days, $300 fine Murder 1: Death or Life Imprisonment, $50,000 fine Murder 2: Life Imprisonment, $50,000 fine Murder 3: 40 yrs, $50, Juvenile Court System - Correct Answer-> Rehabilitation Municipal Police Jurisdiction Act (MPJA) - Correct Answer-> "Primary Jurisdiction": the geographical limits of the municipality or combination of municipalities that employ the officer; enforce laws of the commonwealth in respect to offenses observed & that the officer has probable cause to believe the crime was committed within the officers jurisdiction Mutual Aid Agreement - Correct Answer-> Officer asked to assist by another local, state or federal law enforcement agency
To charge a crime - Correct Answer-> All elements of the offense must be presented
Must prove ALL elements if not all elements you either have no crime or a lesser crime Statutes of Limitations - Correct Answer-> Felony: 5 yrs Misdemeanor: 2 yrs Summary Offense: 30 days How many people are needed for a criminal conspiracy? - Correct Answer-> 2 or more What case law established use of deadly force? - Correct Answer-> Tennessee v. Garner Suspect ran, officers shot suspect while fleeing
Which case law established the reasonable officer standard? - Correct Answer-> Graham v. Connor
Based on the same facts & circumstances, what would another officer most likely do in the same scenario Which offenses mandate arrest? - Correct Answer-> Meghans law violations Domestic Violence Theft Offense - Correct Answer-> Property stolen is a firearm: F Amount stolen is $100,000 or more but less than $500,000: F Amount exceeds $2,000 or property stolen is automobile or some type of vehicle: F $500,000 or more: F More than $200 but less than $2000: M $50-$200: M Less an $50: M In order for it to be a riot - Correct Answer-> Must be you & two other people You + two = riot Service Guide or Support Dog - Correct Answer-> A dog that is trained to work or perform tasks to benefit of an individual w/ a disability consistent w/ federal & state law related to service animals; people who have these animals are not required to have markings/paper & do not have to tell you their disability Two animals allowed: dog & miniature pony Bill of Rights - Correct Answer-> First 10 amendments to the Constitution Article 1 Section 6 - Correct Answer-> Provides that the right to trial by jury applies both to the commonwealth & the accused Article 1 Section 8 - Correct Answer-> Has been held to provide increased protection of the right to privacy in PA searches & seizures Ex. remedy for violation of knock & announce rule is exclusion Article 1 Section 9 - Correct Answer-> Provides strict standards for the rights of the accused in a criminal trail; it also provides for a speedy trial that has resulted in the 180 day rule; also allows the accused to be impeached w/ his own suppressed voluntary statement Article 1 Section 10 - Correct Answer-> Provides strict standards for double jeopardy, as well as the method by which criminal proceedings are to be initiated by info Article 1 Section 13 - Correct Answer-> Provides that excessive bail shall not be allowed, nor excessive fines imposed
In order to charge grading of retail theft, it depends on the AMOUNT STOLEN+PRIOR CONVICTIONS 1st Offense which is less than $150 is a Summary Offense 2nd Offense of less than $150 is a Misdemeanor 2 What's the disposition we need for prior arrests and convictions? - Correct Answer-> You need: the name of the Judge, the date of the case, and the case number to prove prior convictions
In order to give consent what state of consciousness must they be in? - Correct Answer-
CANNOT give consent if UNCONSCIOUS, UNDER 18, UNDER 13, Involuntary Toxication, or Medical Disability Ex. Voluntary Intoxication-You go out for drinks with a female and get to THAT POINT and the female passes out but male continues is considered RAPE! Cannot consent if person is not conscious Falsifying Police Reports - Correct Answer-> Make up a story that you know is not factual and tell the police in order to implicate someone in criminal matters False Identification to Law Enforcement - Correct Answer-> In order to charge this you must first tell the individual that they are subject to investigation so if they give you a false name after warning them then you can charge this crime Failure to Disperse - Correct Answer-> More than 2 people (so 3 people or more) Disorderly Conduct Upgrade in Grading happens when? - Correct Answer-> Person persists after you give them a reasonable warning to stop or request for them to desist. (did not comply so goes from Summary to M3) Disorderly conduct with more than 2 people can be charged with failure to disperse YOU CANNOT BE DISORDERLY IN YOUR OWN HOME To be charged with public drunkenness - Correct Answer-> YOU MUST BE IN PUBLIC. (Cannot be charged if you are in your own abode) Protected Class of People - Correct Answer-Police Officer, firefighter, County adult probation or parole officer, county juvenile probation or parole officer, an agent of the PA board of Probation and Parole, Sheriff, Deputy Sheriff, Liquor Control enforcement agent, Officer or employee of a Correctional institution, Judge of any court, The attorney general, a deputy attorney general, a district attorney, an assistant district attorney, A public defender, Federal/state/local law enforcement official, PARKING ENFORCEMENT, EMERGENCY MEDICAL SERVICES PERSONNEL, GOVERNOR, UTILITY SERVICE WORKERS, CHILD AND YOUTH SERVICES, FISH AND GAME COMMISSION Elements of Strangulation - Correct Answer-> KNOWINGLY or
INTENTIONALLY impeding the breathing or circulation of blood of another person by:
Purpose of Criminal Procedure - Correct Answer-> Safeguards against the indiscriminate application of criminal laws & the wanton treatment of suspected criminals
Rules provide for consistency of how persons accused of crimes are treated consistently & fairly w/ uniformity Violations of the rules can lead to what? - Correct Answer-> Can lead to dismissal of criminal charges; while also creating civil liability & administrative disciplinary actions against officers Mapp v. Ohio - Correct Answer-> Established the exclusionary rule; was applicable to the states (evidence seized illegally cannot be used in court) "The criminal goes free, if he must, but it is the law that sets him free" Arizona v. Hicks - Correct Answer-> Bullet fired through an apt. floor; police enter looking for shooter/victims/weapons They seize weapons & then notice stereo equipment, wrote down serial numbers Held that the 4th Amendment requires the police to have probable cause to seize items in plain view Exigent circumstances ended when weapons were seized, so stereo equipment is out (needed a warrant & independent PC) Plain view doctrine violated, wasn't immediately apparent status of item as stolen PA Courts - Correct Answer-> 7 Supreme Court Justices 15 Superior Court Judges 9 Commonwealth Judges 451 Court of Common Pleas Judges 516 Magistrate Court Judges Order of Court Procedures - Correct Answer-> Physical Arrest Preliminary Arraignment & Bail Hearing Preliminary Hearing (Prima Facie) Formal Arraignment Court of Common Pleas (Criminal Court) Booking Center - Correct Answer-> A facility utilized for the processing and identification of individuals arrested, charged or accused of a crime (part of the booking process) Affiant - Correct Answer-> The person who makes & subscribes his signature to an affidavit This is typically the police officer but can also be a private citizen Arraignment - Correct Answer-> To inform the accused of the charges brought against him Defendant is not entitled to present a defense at this time; no defense, not a hearing, just the charges
Voir Dire - Correct Answer-> Jury selection process of questioning prospective jurors, to ascertain their qualifications and determine any basis for challenge. Indictment - Correct Answer-> A formal charge by a grand jury General Rule of Venue - Correct Answer-> Criminal charges must be filed in the Judicial District where the offense took place and before the District Magistrate in the Magisterial District where the offense took place. Example of Venue/ Warrant serving outside of Officers Jurisdiction - Correct Answer-> Defendant lives in Ross Township but committed crime in Pittsburgh. Search warrant of property would go through Ross Township. Criminal Charges would be filed in Pittsburgh. If Arrest warrant, contact Ross Township but Pittsburgh can serve the arrest warrant of defendant in Ross Township. Bench Warrant - Correct Answer-> An arrest warrant issued directly by the judge when an accused person fails to appear in court Affidavit - Correct Answer-> Document we are suing to put down what crime is being committed, the elements of the crime & evidence towards the crime 4 Corner Rule - Correct Answer-> What is written in the affidavit is considered, anything not on that document did not happen Rule 205 Contest of Search Warrant (pg.916) - Correct Answer-> 48hrs from issuance of warrant/day judge signed it
Do NOT limit scope of search, you want something big & something small All search warrants get returned to the judge who authorized the search warrant Sealing a search warrant is up to the DA, you have to have a reason why Who gets a copy of the Inventory/Receipt for Seized Property? - Correct Answer-> Officer Judge Person whose property was taken Procedure in Summary Cases - Correct Answer-> Criminal proceedings in summary cases shall be instituted either by:
- Issuing a citation to the defendant; or
- Filing a citation; or
- Filing a complaint; or 4.Arresting w/o a warrant when arrest is specifically authorized by law Ticket vs Citation - Correct Answer-> Ticket: by municipality/local ordinance, ticket is giving the person the chance to comply w/ little financial loss (after a stated amount of time, the payment can turn into a citation)
Moines, Iowa. Suspect confesses to murder and shows the police where evidence may be and takes police to where body is discovered. CONFESSION GOT SUPPRESSED
This created an "inevitable discovery" exception to the exclusionary rule. The exclusionary rule makes most evidence gathered through violations of the Fourth Amendment to the United States Constitution, which protects against unreasonable search and seizure, inadmissible in criminal trials as "fruit of the poisonous tree". In Nix, the Court ruled that evidence that would inevitably have been discovered by law enforcement through legal means remained admissible Rule 509: Use of Summons or Warrant of Arrest in Court Cases - Correct Answer-> Misdemeanor 1 and higher is a warrant Misdemeanor 2 and lower is a summons No actor is present
- For Summons: M2 or Lower (criminal code is M2 or lower, Vehicle code is M1 and lower for DUI), must be reason to believe actor is not a threat to self or others and will obey the summons
- For Warrant: Felony or Murder or M1, reasonable grounds to believe the defendant will not obey summons (ex: summons was undeliverable, past history of not obeying, identity is unknown of defendant) or the issuing authority believes the defendant poses a threat to himself or others Rule 519 Procedure in Court Cases Initiated by Arrest w/o Warrant - Correct Answer-> For release Arrested without Warrant:The most serious offense charged is a Misdemeanor 2 or lower, the defendant poses no threat to themselves or others, and the arresting officer has reasonable grounds to believe that the defendant will appear as required (no prior history of them not coming to court)
Misdemeanor 1 or higher person goes to jail We as officers are required to file a complaint within 5 days which leads to a summon Rule 510 Contents of Summons; Notice of Preliminary Hearing - Correct Answer-> The date set for the preliminary hearing shall be NOT LESS THAN 20 days from the date of mailing the summons Rule 513 Requirements for Issuance, Dissemination of Arrest Warrant Information - Correct Answer-> Need to include Probable cause in Affidavits (NO EVIDENCE OUTSIDE OF THE AFFIDAVITS the 4 corners rule) No arrest warrant shall issue but upon probable cause **Delay in dissemination of Arrest warrant information is 72 HOUR RULE with an additional 24 HOURS if necessary**** Rule 513.1 Sealing of Arrest Warrant - Correct Answer-> Sealed to protect Confidential Informant, Officer Safety issue, or maybe it is an on-going investigation with more than one actors 60 DAYS, and then apply for an extension this extension is 30 days
Rule 515 Execution of Arrest Warrant - Correct Answer-> A diligent search is required and must be documented every 30 DAYS to continue the WARRANT.
You must show documentation that you looked, for example: Their residence, different social media sites, their previous addresses, the Morgue, Hospitals, Jail, the DMV, Post Office, Social Security Office, their Work, Frequent establishments..... Example of when other state will not extradite - Correct Answer-> If warrant is for a crime in Alabama, call down there and if they will no extradite from Pennsylvania then you must let that person go Rule 542 Preliminary Hearing Continuances - Correct Answer-> Hearsay evidence shall be sufficient to establish any element of an offense (Must be permitted by judge), included but not limited to, those requiring PROOF OF OWNERSHIP of, non-permitted use of, damage to, or value of property such as for firearms, vehicles, estimation of damage by a contractor etc Rule 524 Types of Release on Bail - Correct Answer-> If In Jail, then between 3-14 DAYS they must be in front of Magistrate.If out of Jail, then must be within 21 DAYS Types of Release on Bail:
- Released on Recognizance (ROR): to appear when required and to comply with the conditions of the bail bond
- Release on Non-monetary conditions: to comply with any non-monetary conditions, which the bail authority determines are reasonably necessary to ensure the defendant's appearance and compliance with the conditions of the bail band (like house arrests or go to AA meetings or meet with probation officer)
- Release on Unsecured Bail Bond: to be liable for a fixed sum of money if he or she fails to appear as required or fails to comply to the conditions of the bail bond. NO MONEY or other form of SECURITY IS DEPOSITED
- Release on Nominal Bail: depositing a nominal amount of cash which the bail authority determines is sufficient security for the defendant's release
- Release on Monetary Condition: compliance with a monetary condition imposed pursuant to Rule 528. The amount of the monetary condition shall not be greater than is necessary to reasonably ensure the defendant's appearance and compliance(Conditions of bail must be fulfilled, if not met you get bench warrant for their arrest) Rule 551 Withdrawal of Charges Pending Before Issuing Authority - Correct Answer-> Withdrawal shall be in writing
days
Exigent Circumstances - Correct Answer-> When there is an immediate threat to public safety or the risk that evidence will be destroyed, officers may search, arrest, or question suspects without obtaining a warrant or following other usual rules of criminal procedure Probable Cause - Correct Answer-> Reasonable cause for issuing a search warrant or making an arrest; more than mere suspicion
Facts+circumstances that would lead a reasonable officer to believe that criminal activity is afoot Reasonable Suspicion - Correct Answer-> Any information that points to illegal activity and may include rumor, tips, and anonymous telephone calls. This suspicion must be reasonable to a judge or jury looking at the encounter in hindsight. One must look to all the circumstances surrounding the encounter. > > The FACTS known by the officer are relevant here, as well as his or her OBSERVATIONS, and EXPERIENCE Miranda Warning formula - Correct Answer-CUSTODY + Interrogation = MIRANDA How many days does an officer have to file a citation? - Correct Answer-> 5 days Bail Bond - Correct Answer-> A document guaranteeing the appearance of a defendant in court as required and recording the pledge of money or property to be paid to the court if he or she does not appear, which is
signed by the person to be released and anyone else acting on his or her behalf Arraignment vs Preliminary Hearing - Correct Answer-> Arraignment: notify defendant of the charges; no defense allowed
Preliminary Hearing: prima facie or evidence presented Nolo Contendere (no contest) - Correct Answer-> A pleading of no contest by a defendant; a plea in a criminal action not admitting guilt but subjecting the defendant to punishment as though it were a guilty plea Rule 604 Opening & Closing Statements - Correct Answer-> The opening & closing statements are both made by the Commonwealth Home field advantage What case law establish a pat down? - Correct Answer-> Terry v Ohio Commonwealth v Gary - Correct Answer-> 1.) Permitted search vehicles 2.) Established independent probable cause 3.) Evidence of Crime/contraband is located inside vehicle. Can search vehicle where stopped. Can remove vehicle and search w/n 3 days 4.) Can search occupants.
