Mpoetc Exam #5 Review Questions And Answers, Graded A+/ Verified.

MPOETC EXAM #5 REVIEW QUESTIONS AND ANSWERS, GRADED A+/ VERIFIED. Police Power to Search and Seize comes from: - -1.) U.S. Constitution the 4th Amendment 2.) Pennsylvania Constitution: Article 1 Section 8 3.) "Case Law", U.S. and PA Court Decisions 4.) "Statutory Law"-PA rules of Criminal Procedure General Rule: - -ALWAYS GET A SEARCH WARRANT Probable Cause - -Facts+Circumstances that would lead a reasonable person to believe that a crime is committed Existence of probable cause must be determined by viewing the totality of the circumstances presented in a non-techincal commonsense fashion. Courts must view the facts from the standpoint of an objectively reasonable police officer. *Best practice-define all Jargon or technical terms within the search warrant and affidavit* Exceptions to search warrant 5 Legal Concepts - -1.) EXIGENT CIRCUMSTANCES-the need for an officer to quickly react to emergency circumstances involving imminent danger to officers or others 2.) The need for an officer to quickly react to emergency circumstances involving imminent destruction or movement of evidence or contraband. (Destroying evidence constitutes grounds for a search) 3.) The need to catalog and protect citizens' property in Police Custody (Inventory from vehicle) 4.) The right of a citizen to voluntarily consent to a Police Search (you can waive your own rights) 5.) The reduced reasonable expectation of privacy in areas not protected by the 4th Amendment. (Can search Garbage or other abandoned property) Warrantless searches of constitutionally protected property must fall within one of these exceptions to be legal (may fall into one or more category) Privacy Clause - --states that people have the right to be secure (feel safe) in their persons (arrest), houses (home), papers, and effects from unreasonable searches and seizures. *Nothing in the 4th Amendment prohibits searches, it only prohibits UNREASONABLE searches* Warrant Clause - -Warrants must be: -Based on Probable Cause -Supported by Oath or Affirmation -Describe place to be searched, and -Describe person or item(s) to be seized -Probable Cause is the minimum legal proof necessary to justify the seizure of a person search incident to a lawful arrest - -A valid custodial arrest authorizes a complete search of the arrested person and the area within his IMMEDIATE CONTROL Immediate Control (Wingspan Search) - -On his person, what he carries and where he may logically reach for a weapon. Search is authorized to ensure: Officer safety, suspect safety and evidence tha