MPOETC Certification Test Latest Updated 2023/2024

1st Amendment (1791) - Answer Freedom of speech, religion and press and the right to petition 2nd Amendment (1791) - Answer Right to bear arms 3rd Amendment (1791) - Answer The government may not house soldiers in private homes without consent of the owner 4th Amendment (1791) - Answer Freedom from unreasonable search and seizures 5th Amendment (1791) - Answer Double jeopardy, can't incriminate yourself, due process 6th Amendment (1791 - Answer The right to a speedy and public trial. The right to confront the accuser 7th Amendment (1791) - Answer Right to a trial by jury in civil cases 8th Amendment (1791) - Answer Prohibits excessive fines and excessive bail/and cruel unusual punishment 14th Amendment - Answer Can't deprive a citizen of life, liberty or property without due process Bill of Rights - Answer First 10 amendments to the Constitution PA Constitution - Answer More restrictive than US Constitution Statutes - Answer Written laws made by legislatures civil rights violation - Answer Unlawful arrest, search and seizure without probable cause. Holding a prisoner beyond limitations When can officers enter another jurisdiction - Answer Hot pursuit, asked, mutual aid, official business and felony crimes case laws - Answer Written decision of appellate courts deciding actual cases Tort - Answer A violation of the civil law Probable cause - Answer 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 - Answer Legislative, Executive, Judicial What branch of government do police fall under? - Answer Executive PA Court System - Answer Common Pleas, Circuit, Supreme US Court System - Answer District, circuit, supreme Grading of crimes - Answer Felony, misdemeanor, summary State of mind (Mens Rea) 4 - Answer Mental intent to commit crime - Recklessly - Intentionally - Negligently - Knowingly Where are statutes of limitations found? - Answer Title 42, section 5552 judiciary code Codification - Answer The act or process of rendering laws in written form 2 elements of a crime - Answer Physical act of crime (Actus Reus), Mental intend to do so (Mens Rea) Instrument of a crime - Answer Any instrument that is intended to be used to commit a crime 1st degree murder - Answer 2502 - killing that is premeditated, deliberate and done with malice Felony Crimes - Answer Murder, rape, kidnapping, arson, robbery, burglary, embezzlement, forgery, theft, and perjury Voluntary Manslaughter - Answer 2503 - unlawful killing of a human being in sudden heat of passion upon sufficient legal provocation. Felony 2 Stalking - Answer 2709 - Repeatedly following, harassing, or threatening an individual. M1 Kidnapping - Answer 2901 - The unlawful removal or restraint of a person against his or her will. Rape - Answer 3121 - Penetration however slight, forcible without consent. B Burglary - Answer 3502 - Unlawful entry with intent to commit a crime. F1 Criminal Mischief - Answer Intentional or knowing damage or destruction of property. Police powers derive from - Answer Constitution, case law and statutory law Affiant - Answer Any responsible person capable of taking an oath affirming a criminal complaint 5 Types of bail - Answer ROR Non-Monetary Unsecured Nominal Monetary Venue - Answer Boundaries which a Court has jurisdiction and authority statute of limitations - Answer Summary - 30 Days Misdemeanor- 2 years Felony - 5 years Homicide - no limit Four Corners Rule - Answer No outside evidence may be used against somebody during a search warrant/investigation Search Warrants - Answer Executed within 48 hours Night Time Warrants - Answer How long to file a citation - Answer Within 5 days How long to respond to a citation - Answer Within 10 days Defendant has a right to a preliminary hearing - Answer Within 3-10 days after arrest Time limit for trial - Answer If incarcerated - 180 days Not incarcerated - 365 days Minimum legal proof to justify arrest - Answer Probable cause Determine legality of an arrest - Answer Totality of the circumstances, reasonable person test Mere encounter - Answer Exchange of information between officer and civilian, no level of suspicion required, civilian free to leave at anytime Investigatory Detention - Answer Need reasonable suspicion supported by articulated facts. Reasonable time is 20-30 minutes Custodial Detention - Answer Probable cause is needed, person is under arrest Terry Search - Answer Searching for weapons only. Must establish reasonable suspicion, believe criminal activity is afoot Plain Feel Doctrine - Answer -during frisk, if officer grab something and immediately recognize it, they can seize it Terry search of a car - Answer Search within arms reach unless it's locked, must have a warrant to search trunk Commonwealth v. Mimms - Answer Allowed to order passengers out of a vehicle and pat down for safety Commonwealth v. Brown - Answer Dying declaration