MPOETC EXAM FINAL QUESTIONS & ANSWERS
4 Corner Rule - CORRECT ANSWER - > If it's not in the affidavit it DOES
NOT count
4 Corner Rule - CORRECT ANSWER - > What is written in the affidavit
is considered, anything not on that document did not happen
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)
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
,Affidavit - CORRECT ANSWER - > Document we are suing to put down
what crime is being committed, the elements of the crime & evidence
towards the crime
Ages regarding Rape/Statutory Sexual Assault - CORRECT ANSWER - >
Rape of a Child=Less than 13 years of age
> Statutory Sexual Assault=Under the age of 16 years and that person is:
- 1). 4 years older but less than 8 years older than the complainant; or
2). 8 years older but less than 11 years older than the complainant.
> F1 however if person engages in sexual intercourse with a complainant
under the age of 16 years and that person is 11 or more years older than
the complainant.
> Considered to be a child under 13 years of age, under 16 still minor but
not written as an offense of a child
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
,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
Arraignment vs Preliminary Hearing - CORRECT ANSWER - >
Arraignment: notify defendant of the charges; no defense allowed
> Preliminary Hearing: prima facie or evidence presented
Arrest Defined - CORRECT ANSWER - > The taking of a person into
custody by lawful authority. A reasonable impression is conveyed to the
person being arrested that he/she is under arrest. Under the
WILL+CONTROL of the officer for purposes of arrest
> An officer who says nothing may still convey an impression to the actor
that he/she is under arrest, but always identify yourself as an officer and
reveal your purpose+authority unless it is obvious
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
Article 1 Section 15 - CORRECT ANSWER - > Eliminates the creation of
special tribunals or commissions to try certain types of crimes
, Article 1 Section 17 - CORRECT ANSWER - > Disallows passage of ex
past facto laws; only applies to penal statutes & must impose a
punishment for an act which was not punishable at the time it was
committed, or impose additional punishment to that then prescribed
Article 1 Section 21 - CORRECT ANSWER - > Provides the right to bear
arms
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
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
4 Corner Rule - CORRECT ANSWER - > If it's not in the affidavit it DOES
NOT count
4 Corner Rule - CORRECT ANSWER - > What is written in the affidavit
is considered, anything not on that document did not happen
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)
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
,Affidavit - CORRECT ANSWER - > Document we are suing to put down
what crime is being committed, the elements of the crime & evidence
towards the crime
Ages regarding Rape/Statutory Sexual Assault - CORRECT ANSWER - >
Rape of a Child=Less than 13 years of age
> Statutory Sexual Assault=Under the age of 16 years and that person is:
- 1). 4 years older but less than 8 years older than the complainant; or
2). 8 years older but less than 11 years older than the complainant.
> F1 however if person engages in sexual intercourse with a complainant
under the age of 16 years and that person is 11 or more years older than
the complainant.
> Considered to be a child under 13 years of age, under 16 still minor but
not written as an offense of a child
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
,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
Arraignment vs Preliminary Hearing - CORRECT ANSWER - >
Arraignment: notify defendant of the charges; no defense allowed
> Preliminary Hearing: prima facie or evidence presented
Arrest Defined - CORRECT ANSWER - > The taking of a person into
custody by lawful authority. A reasonable impression is conveyed to the
person being arrested that he/she is under arrest. Under the
WILL+CONTROL of the officer for purposes of arrest
> An officer who says nothing may still convey an impression to the actor
that he/she is under arrest, but always identify yourself as an officer and
reveal your purpose+authority unless it is obvious
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
Article 1 Section 15 - CORRECT ANSWER - > Eliminates the creation of
special tribunals or commissions to try certain types of crimes
, Article 1 Section 17 - CORRECT ANSWER - > Disallows passage of ex
past facto laws; only applies to penal statutes & must impose a
punishment for an act which was not punishable at the time it was
committed, or impose additional punishment to that then prescribed
Article 1 Section 21 - CORRECT ANSWER - > Provides the right to bear
arms
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
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
