Police ACT 120 Criminal Procedure Questions and Answers 100%
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Powers to Detain, Arrest, Search, and Seize derived from: - ANSWER-
Constitutional Law - U.S. and State Constitution
Case Law - Ruling of Federal and Pa. State courts
Statutory Law - Law enacted by state legislature
All courts are governed by.... - ANSWER-Pa. Rules of Criminal Procedure
-These rules do not apply to Juvenile court or Domestic relations court
proceedings, (unless otherwise noted)
Venue defined: - ANSWER-The territorial boundary within which a particular
court has jurisdiction and authority to adjudicate a case
Significance of Venue: - ANSWER-- To file a criminal complaint or citation
- To obtain an arrest warrant
- To apply for and obtain a search warrant
- For Preliminary Arraignment once charges are filed
- For Preliminary Hearing once charges are filed
The Term Venue refers to: - ANSWER-Judicial Districts, Pa. has 67 counties
Exceptions Rule 130 (5) (of Venue) - ANSWER-- When an offense is
committed within 100 yards of a Magisterial District Boundary, Venue is
found in either district.
- The officer may file in either district
Commonwealth v. McPhail, 626 A.2nd 139 Pa. 1997 - ANSWER-- This case
involved multiple drug transactions over i.e. sales of cocaine, to an
undercover State Trooper over a several week period, in two different
counties
- This particular case also suggests when you have multiple violations
observed in Magisterial Districts, and committed by the same actor, over a
short period of time, you may file within one Magisterial Districts
- Must get *McPhail* letter from all department heads authorizing this
decision
, Rule 400: Instituting Proceedings - ANSWER-- Methods of Instituting criminal
proceedings in summary cases
- May be instituted when a police officer views a subject engaging in a
summary offense or following an investigation conducted by a police officer
Rule 402: Law Enforcement officer shall ordinarily institute Summary
proceedings by issuing a citation(Traffic/Non-Traffic) - ANSWER-- Traffic and
non-traffic citations are utilized/filed before an issuing authority (MDJ) having
proper venue over the case
- Motor vehicle violation are handled by traffic citation unless otherwise
noted under the vehicle code
- Certain summary offenses under the crimes code are handled with the use
of non-traffic summary offenses
Statute of limitations - ANSWER-- Statute of limitations for issuing/filing
summary violations
- Traffic and non-traffic citation filed within 30 days once information
becomes available
- Traffic citation expires after 3 years
Non-traffic expires after 2 years
Rule 403 Contents of Citation - ANSWER-- Every citation shall contain:
---Name, address and organization of the police department and badge
number of issuing officer
---Name and address of defendant
--- Etc...
Rule 405: Issuance of Citation to defendant (Part 1) - ANSWER-- Must exhibit
badge of authority in full uniform
- L.E.O. must contemporaneously shall give a paper copy to the defendant
Rule 410: Procedure when citation filed (Part 2) - ANSWER-When not feasible
to issue citation at scene
Verified
Save
Powers to Detain, Arrest, Search, and Seize derived from: - ANSWER-
Constitutional Law - U.S. and State Constitution
Case Law - Ruling of Federal and Pa. State courts
Statutory Law - Law enacted by state legislature
All courts are governed by.... - ANSWER-Pa. Rules of Criminal Procedure
-These rules do not apply to Juvenile court or Domestic relations court
proceedings, (unless otherwise noted)
Venue defined: - ANSWER-The territorial boundary within which a particular
court has jurisdiction and authority to adjudicate a case
Significance of Venue: - ANSWER-- To file a criminal complaint or citation
- To obtain an arrest warrant
- To apply for and obtain a search warrant
- For Preliminary Arraignment once charges are filed
- For Preliminary Hearing once charges are filed
The Term Venue refers to: - ANSWER-Judicial Districts, Pa. has 67 counties
Exceptions Rule 130 (5) (of Venue) - ANSWER-- When an offense is
committed within 100 yards of a Magisterial District Boundary, Venue is
found in either district.
- The officer may file in either district
Commonwealth v. McPhail, 626 A.2nd 139 Pa. 1997 - ANSWER-- This case
involved multiple drug transactions over i.e. sales of cocaine, to an
undercover State Trooper over a several week period, in two different
counties
- This particular case also suggests when you have multiple violations
observed in Magisterial Districts, and committed by the same actor, over a
short period of time, you may file within one Magisterial Districts
- Must get *McPhail* letter from all department heads authorizing this
decision
, Rule 400: Instituting Proceedings - ANSWER-- Methods of Instituting criminal
proceedings in summary cases
- May be instituted when a police officer views a subject engaging in a
summary offense or following an investigation conducted by a police officer
Rule 402: Law Enforcement officer shall ordinarily institute Summary
proceedings by issuing a citation(Traffic/Non-Traffic) - ANSWER-- Traffic and
non-traffic citations are utilized/filed before an issuing authority (MDJ) having
proper venue over the case
- Motor vehicle violation are handled by traffic citation unless otherwise
noted under the vehicle code
- Certain summary offenses under the crimes code are handled with the use
of non-traffic summary offenses
Statute of limitations - ANSWER-- Statute of limitations for issuing/filing
summary violations
- Traffic and non-traffic citation filed within 30 days once information
becomes available
- Traffic citation expires after 3 years
Non-traffic expires after 2 years
Rule 403 Contents of Citation - ANSWER-- Every citation shall contain:
---Name, address and organization of the police department and badge
number of issuing officer
---Name and address of defendant
--- Etc...
Rule 405: Issuance of Citation to defendant (Part 1) - ANSWER-- Must exhibit
badge of authority in full uniform
- L.E.O. must contemporaneously shall give a paper copy to the defendant
Rule 410: Procedure when citation filed (Part 2) - ANSWER-When not feasible
to issue citation at scene
