MPOETC Certification Test Graded A+

MPOETC Certification Test Graded A+ 1st Amendment (1791) Freedom of speech, religion and press and the right to petition 2nd Amendment (1791) Right to bear arms 3rd Amendment (1791) The government may not house soldiers in private homes without consent of the owner 4th Amendment (1791) Freedom from unreasonable search and seizures 5th Amendment (1791) Double jeopardy, can't incriminate yourself, due process 6th Amendment (1791 The right to a speedy and public trial. The right to confront the accuser 7th Amendment (1791) Right to a trial by jury in civil cases 8th Amendment (1791) Prohibits excessive fines and excessive bail/and cruel unusual punishment 14th Amendment Can't deprive a citizen of life, liberty or property without due process Bill of Rights First 10 amendments to the Constitution PA Constitution More restrictive than US Constitution Statutes Written laws made by legislatures civil rights violation Unlawful arrest, search and seizure without probable cause. Holding a prisoner beyond limitations When can officers enter another jurisdiction Hot pursuit, asked, mutual aid, official business and felony crimes case laws Written decision of appellate courts deciding actual cases Tort A violation of the civil law Probable cause Facts and circumstances that lead a reasonable person to believe a crime had been committed and the suspect committed the crime Three branches of government Legislative, Executive, Judicial What branch of government do police fall under? Executive PA Court System Common Pleas, Circuit, Supreme US Court System District, circuit, supreme Grading of crimes Felony, misdemeanor, summary State of mind (Mens Rea) 4 Mental intent to commit crime - Recklessly - Intentionally - Negligently - Knowingly Where are statutes of limitations found? Title 42, section 5552 judiciary code Codification The act or process of rendering laws in written form 2 elements of a crime Physical act of crime (Actus Reus), Mental intend to do so (Mens Rea) Instrument of a crime Any instrument that is intended to be used to commit a crime 1st degree murder 2502 - killing that is premeditated, deliberate and done with malice Felony Crimes Murder, rape, kidnapping, arson, robbery, burglary, embezzlement, forgery, theft, and perjury Voluntary Manslaughter 2503 - unlawful killing of a human being in sudden heat of passion upon sufficient legal provocation. Felony 2 Stalking 2709 - Repeatedly following, harassing, or threatening an individual. M1 Kidnapping 2901 - The unlawful removal or restraint of a person against his or her will. Rape 3121 - Penetration however slight, forcible without consent. B Burglary 3502 - Unlawful entry with intent to commit a crime. F1 Criminal Mischief Intentional or knowing damage or destruction of property. Police powers derive from Constitution, case law and statutory law Affiant Any responsible person capable of taking an oath affirming a criminal complaint 5 Types of bail ROR Non-Monetary Unsecured Nominal Monetary Venue Boundaries which a Court has jurisdiction and authority statute of limitations Summary - 30 Days Misdemeanor- 2 years Felony - 5 years Homicide - no limit Four Corners Rule No outside evidence may be used against somebody during a search warrant/investigation Search Warrants Executed within 48 hours Night Time Warrants How long to file a citation Within 5 days How long to respond to a citation Within 10 days Defendant has a right to a preliminary hearing Within 3-10 days after arrest Time limit for trial If incarcerated - 180 days Not incarcerated - 365 days Minimum legal proof to justify arrest Probable cause Determine legality of an arrest Totality of the circumstances, reasonable person test Mere encounter Exchange of information between officer and civilian, no level of suspicion required, civilian free to leave at anytime Investigatory Detention Need reasonable suspicion supported by articulated facts. Reasonable time is 20-30 minutes Custodial Detention Probable cause is needed, person is under arrest Terry Search Searching for weapons only. Must establish reasonable suspicion, believe criminal activity is afoot Plain Feel Doctrine -during frisk, if officer grab something and immediately recognize it, they can seize it Terry search of a car Search within arms reach unless it's locked, must have a warrant to search trunk Commonwealth v. Mimms Allowed to order passengers out of a vehicle and pat down for safety Commonwealth v. Brown Dying declaration 4 sources that govern police powers 4th Amendment Article 1, Section 8 of PA Constitution Case Law PA rules of procedure Mapp v Ohio Exclusionary rule: prohibits the use of illegally obtained evidence in a criminal trial US v Leon Good faith exception: evidence won't be surprised if acted in good faith Nix v. Williams Inevitable discovery: prove illegally seized evidence would have been found sooner or later Katz v. US Expanded 4th amendment to include conversation, expectation of privacy Illinois v Wardlow Mere presence in crime area isn't sufficient for terry stop Illinois v Gates Totality of circumstances test staleness Normally 7 days max, considered unreliable after 7 days. Who can issue warrants in cases of arrest? Issuing authority within judicial district Subject to seizure Fruits, instruments, contraband, other criminal evidence Reasonable knock and announce wait time 2 announcements and 45 seconds Exceptions to search warrant Existent circumstances, plain view, cars, smell and feel Use of force amendments 4, 8, 14 Golden Rule Test Use only force necessary to affect arrest, when suspect stops, so do you Tennessee v Garner Shooting of an unarmed,, nonviolent fleeing felony suspect violates the 4th Amendment Graham v Connor Reasonableness of use of force judged from viewpoint of another officer on scene Brower v Inyo County Excessive force: Vehicle deadly force is excessive when wanted for a nonviolent crime. When to use deadly force Armed, fleeting a crime where deadly force was used or threatened, immediate arrest is necessary to prevent suspect from escaping Commonwealth v Mocoliocco Ethnic intimidation/possession of instruments of a crime Georgia v Randolph Without a warrant police have no constitutional right to search a house Process of a crime scene - Secure - Interview - Examine - Photograph - Bag & Tag prima facie sufficient to establish a fact or raise a presumption unless disproved or rebutted reasonable suspicion a suspicion based on specific facts; less than probable cause. Sufficient to believe criminal activity is occurring Force continuum 1. Presence 2. Verbal commands 3. Hands/restraints 4. Intermediate force (Taser, OC, baton) 5. Deadly force Use of force section 508 Felony 1st Degree No more than 20 years, $25,000 fine - rape, arson, kidnapping, burglary Felony 2nd Degree No more than 10 years, $25,000 fine - burglary with no occupants, DUI related homicide, statutory sexual assault Felony 3rd Degree No more than 7 years, $15,000 fine - terroristic threats, carrying gun w/o permit Misdemeanor 1st Degree No more than 5 years, $10,000 fine - prostitution, assault on official Misdemeanor 2nd Degree No more than 2 years, $5,000 fine - bigamy, impersonating public servant Misdemeanor 3rd Degree No more than 1 year, $2,500 fine - prowling, open lewdness Murder degrees 1st - intentional 2nd - during act of felony crime 3rd - voluntary manslaughter (crime of passion) Criminal trespass Section 3503, no intent to commit a crime necessary Robbery 3701 - Stealing by force or threatening of force. disorderly conduct 5503 - Intentionally or recklessly causing public inconvenience (summary) M3 if they intend to cause serious inconvenience Purpose of title 18 Forbid or prevent conduct that harms people without justification Totality of Circumstances A court review of all factors known to the officer at the time of the incident Types of Warrants (6) Body warrant Warrant for fine and cost Duplicate warrant Re-issue warrant John Doe warrant Bench warrant Reasonable expectation of privacy Self, in Home/business, I'm curtilage, public place where privacy is implied Field sobriety test No law requires test, merely adds evidence against defendant CLEAN system Vehicle information and drivers information 5 categories of controlled substances Cannabis Narcotics Stimulants Depressants Hallucinogens exigent circumstances Hot pursuit, armed and dangerous, violent crime in progress, in need of immediate police/medical attention Commonwealth v Jefferson Presence in high crime area and a subjects flight upon observing police probably means criminal activity is afoot. Terry stop permitted PA Criminal Procedure Crime Investigation Police file complaint Private complaint filed Summons Preliminary arraignment (set charges/bail) Preliminary hearing (Prima Facia) Formal arraignment (submit plea) Trial Sentencing Appeal Subpoena Court order requiring a person to testify in court Expressed consent Specifically unquestionable: - Verbal - Written Implied consent Consent implied by actions: - raising of hands - implied by gestures Search warrant must include Time/date Description of place to be searched Description of what/who to be seized 9th Amendment Citizens entitled to rights not listed in the Constitution 10th Amendment Powers not given to federal government go to people and States 2 ways officers can be sued for Recklessly Maliciously What section is snow and ice dislodged or falling from moving vehicle? 3720, fine $200-$1,000 Duties of a driver in an emergency response area section? 3327, fine $250 Simple assault 2701, M2 unless underage then M1. Attempts or intentionally, knowingly, or recklessly causes bodily injury or fear of bodily injury aggravated assault 2702, F1 Attempts to cause serious bodily injury, includes peace officers Terrorism 2717 - Intimidate or coerce a civilian population, F3 unless mass destruction then F1 Luring section 2910 - M1, if under 13 then F2 What surface is not necessary to treat chemically, use powder instead? Non-porous Reckless driving fine 3736 - $200 Commonwealth v Edmunds Good faith rule Terry v Ohio Stop and frisk Miranda v. Arizona The accused must be notified of their rights before being questioned by the police What agency investigates civil rights violations FBI Stare decisis Case law or precedent 3 Inchoate Offenses Criminal attempt Criminal solicitation Criminal conspiracy Rules of criminal procedures title Title 234 Penalty section for drug offenses 780-113 Generic fingerprinting DNA matching Commonwealth v Grey Nervous suspect doesn't not equal reasonable suspicion What rule does not apply to evidence in PA Good faith rule Theft 3900 F3 - over $2,000 or vehicle/airplane/vessel F2 - $100,000-$500,000 F1 - of firearm is stolen, over $500,000 M3 - $50-$200 PA vehicle code title? Title 75 Vehicle code: licensing of drivers 1500 Vehicle code: commercial driver 1600 Vehicle code: classic vehicle 15 years old Vehicle code: change of address in how many days Within 15 days Vehicle code: junior drivers license can't drive when Between 11p-5a Vehicle code: turn signal when Less than 35mph - 100 ft Over 35mph - 300ft Vehicle code: antique vehicle 25 years old Vehicle code: gross weight Combined weight of vehicle or combination of vehicles Vehicle code: chapter for fees? 1900 Vehicle code: registration chapter 1300 Vehicle code: insurance chapter 1700 12th Amendment separation of votes for President and Vice President 5 levels of certainty Beyond a reasonable doubt Probable cause Preponderance of evidence Reasonable articulable suspicion (RAS) Mere officer suspicious 3 acts during probable cause Arrest Search/Seizure warrant Warrantless search exception 7 warrantless search/seizure exceptions Search incident to arrest Consent Stop/frisk Plain view Abandoned property Exigency Open fields Arizona v Gant Area within reach, lunge or grab can be searched Search incident to arrest Probable cause to make arrest Lawful arrest made Conduct a search incident to arrest Carroll Doctrine Doctrine that allows legal search of a readily moving vehicle US v Jones Court found that police use of a GPS tracker constituted a 'search' and required a valid warrant Oliver v US No privacy in an open field under federal law Weeks v US Established exclusionary rule, evidence gotten without a warrant isn't admissable in a federal court