Police ACT 120 Authority and Jurisdiction Questions with Complete Solutions A+

Sources of law are derived from... - - U.S. Constitution - PA Constitution - Statutory Law (Federal, State, Local) - Case Law - Court Rules U.S. Constitution - Single Document- fundamental law of the U.S. - prevails over all other law - principles for conducting government - organization of government - vesting of powers of officers and agents Bill of Rights - Individual Constitutional rights protected - first 10 Amendments Important Amendments as a Law Enforcement Officer - - First- speech - Second- bear arms - Fourth- search and seizure - Fifth- double jeopardy/ self incrimination - Sixth- right to counsel - Eighth- cruel and unusual punishment - Fourteenth- due process and equal protection These are the ways the U.S. Constitution is relevant to Police - - Rules regarding procedure in criminal investigation - Rules for writing, interpreting, and enforcing criminal law - Rules prohibiting violation of individual civil rights PA State Constitution - - 2nd in importance to the U.S. Constitution - Statewide Application - More Stringent standards - More rights to the people but never few than the U.S. Constitution Statutory Law - Defined as a law enacted by the authority of the legislature PA Statues - - Primary source of criminal law that the PA municipal officers are responsible for enforcing - created by legislative branch of government by those who are elected representatives - Must not violate the U.S. Constitution Sources of Statutory Law - - Federal Law - State Law (Statues) - Local Ordinances Federal Law - - Applicable throughout the U.S. - enacted by Congress - Govern only specific activities over which the U.S. Constitution give congress authority - Can involve crime that are likely to involve course of conduct in more than one state Enforcement of federal laws - - Primarily of federal officials - Federal and local officials may cooperate - criminal activity (violate both federal and state law) - civil rights act- basis of civil lawsuits against the police (title 42 S 1983) State Law (Statues) - - Laws are applicable statewide - They are the primary source of laws relevant to police. - enacted by the state legislature in Harrisburg