FINAL MPOETC EXAM QUESTIONS ANSWERED 100% CORRECT

FINAL MPOETC EXAM QUESTIONS ANSWERED 100% CORRECT What statute allows citizens to use force? 505 What statute allows law enforcement to use force? 508 Statute of Limitations Time you were made aware of charges What are the four types of culpability? Intentionally Knowingly Recklessly Negligently What is not a defense of culpability? (304) Ignorance of the law Voluntary intoxication/drugged What is a defense for culpability? Duress Insanity Guilty but mentally ill Involuntary intoxication What types of encounters does law enforcement have with the public? Mere encounter Investigatory detention Custodial detention/arrest What type of proof do you need for an investigatory detention? Reasonable suspicion What type of proof do you need for a custodial detention? Probable Cause What are the three components of the Criminal Justice System? Law enforcement Courts Corrections Level of Government Local/municipal County State Federal Courts (court system) 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) Defendant is brought before a judge to hear charges & a bail decision Preliminary Hearing 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 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) Trial by jury Trials have two primary stages: - presentation of prosecution - presentation of defense, if defendant elects to do so Bail 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) Their word they will appear in court is their bond PA is the only state in which the grand jury has what? No authority to indict Pre-motion Trial 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? Political era Reform era Community era Political Era Police often obtained their job as favors by politicians to constituents who had financially backed them Ex. big buff male would get job) Reform Era Narrowed police function to crime control/reactive, incident driven police service Ex. DARE program Community Era We are currently in this era Develop a sense of lawfulness in our society We want their input, we want them to invest in their community police agency (partnership) S.A.R.A Model Scanning Analysis Response Assessment Crime Triangle Offender Place Target/victim Discretion The right to choose what should be done in a particular situation; the quality of showing discernment or good judgement Summons M-2 or lower Obey the summons No threat to self or others Warrant Murder, felony or M1 Disobey summons Threat to self or other If an individual is issued a summons but does not obey it then what should the officer do? Request for a warrant Rule 519 Decides if you will go to jail or not Schedule Date & Time of Preliminary Hearings In jail (couldn't make bail): 3-14 days Out of jail (could make bail): within 21 days What has no bail? Life/death sentence Murder Capital crimes Prima Facie Was there a crime committed The victim is saying that it was committed There is an actor who committed it Rule 600 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? 120 days Four Sources of Law Governing Police Officers Power to Arrest 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? Probable cause 4 Corner Rule If it's not in the affidavit it DOES NOT count Sources of Probable Cause 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? Privacy clause Warrant clause Privacy Clause 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 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 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 Abandoned property is admissible evidence except where abandonment is coerced by lawful police action (Commonwealth v. Harris) Abandonment Example 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 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 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 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 Flight High Crime Area Officer's Experience Tips Anonymous Tips Combined, these justifications create justifications Grading 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 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 Any felony, or any misdemeanors in view of officer, based on grading or exception to laws of arrest when authorized by law Summary Offense Not classified as a crime, but as an offense Imprisoned no more than 90 days, no more than $300 fine M'Naghten Rule Rule that determines whether a suspect's plea for criminally insane is accepted or not a test for criminal insanity Deadly Force Capable of causing death/serious bodily injury/permanent disfigurement Inchoate Crimes Crimes that are committed before or in preparation for committing another crime Offenses 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, $50,000 Juvenile Court System Rehabilitation Municipal Police Jurisdiction Act (MPJA) "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 Officer asked to assist by another local, state or federal law enforcement agency To charge a crime 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 Felony: 5 yrs Misdemeanor: 2 yrs Summary Offense: 30 days How many people are needed for a criminal conspiracy? 2 or more What case law established use of deadly force? Tennessee v. Garner Suspect ran, officers shot suspect while fleeing