Act #235
Study online at https://quizlet.com/_hfx1ry
1. the purpose of this act to provide for the education, training, and certi�cation
of such privately employed agents who, as an incidence to their employment
by the Commissioner of the Pennsylvania State Police.: Act # 235 Since 1974
2. Any privately employed agent who in the course of his employ carries a
lethal weapon, and who fails to comply with subsection (b) of section 4 or with
subsection (a) of section 8 of this act, shall be guilty of a misdemeanor and
upon conviction shall be subject to imprisonment of not more than one year
or payment of a �ne not to exceeding 1,000 or both: Work and not certi�ed with Act #235
3. Certi�ed but don't have your card = Any privately employed agent who in the
course of his employ carries a lethal weapon, and who violates subsection © of
section 7 of this act shall be guilty of a summary o ense, and, upon conviction,
shall pay a �ne not exceeding 50.00 or both: Certi�ed but don't have your card
4. Enacted on April 20,1871 as a part of civil right act it was know as the Ku KU
Klan ( KKK) they served as Police: Title 42 USC 1983 =
5. 1st Amendment: Freedom of Expression and Religion
6. 4th Amendment: Search and Seizure: Whether search and seizure falls under 4th AM must
a rmatively answer all:
i. Was the invasion upon an area/item protected by 4th AM
ii. Did Government agent
1. Physically intrude protected area/item to obtain information or
2. Violate individual's reasonable expectation to privacy in protected area/item
iii.Did individual have authority/standing to challenge government agent conduct?
7. 5th Amendment.: Eminent Domain, Right of Persons, self-incrimination, eminent domain, double jeopardy
8. 9th Amendment December 15,1791: If it is not written it does not count. The enumeration in the
Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. Focuses on
privacy. People have rights beyond the Constitution.
9. 14th Amendment (1868): Due Process The equal protection of the laws.
10. Tennessee vs. Garner (1985): A suspect running away and getting shot in the back dead by o cer.
the use of deadly force to prevent escape of all felony suspects,whatever the circumstances, is constitutionally unrea-
sonable
1/5
, Act #235
Study online at https://quizlet.com/_hfx1ry
Prohibition against using deadly force to arrest eeing felons in the absence of a deadly threat. Leading use of force.
11. Chapter 5 General Principles of Justi�cations = De�nition: The following words and
phrase, when used in this chapter shall have, unless the context clearly indicates otherwise, the meaning given to them
in this section:
12. Chapter 5 General Principles of Justi�cations Deadly Force: Force which, under the
circumstances in which it is used, is readily capable of causing death or serious bodily injury.
13. Peace O cer: Any person who by virtue of his o ce or public employment is vested by law with a duty to
maintain public order or to make arrest for o enses, whether that duty extends to all o enses or is limited to speci�c
o enses, or any person on active State duty pursuant to 51 PA CS 508 . THE Term peace o cer shall also include any
member of any park police department of any county of the third class.
14. Lethal Weapons Training Act 235: It is the purpose of this act to provide for the education, training
and certi�cation of such privately employed agents who, as an incidence to their employment carry lethal weapons
through a program administered or approved by the Commissioner of Pennsylvania State Police. Include, but are not
limited to, �rearms and other weapons calculated to produce death or serious bodily harm. A baton is a lethal weapon.
15. Rules 503 = Justi�cation Generally: (a) General Rule Conduct which the actor believes to be
necessary to avoid a harm or evil to himself or to another is justi�able.
16. Graham vs. Connor (1989): The Court noted that determining the objective reasonableness for the use
of force must be fact speci�c, and established the following four components for determining reasonableness:
1) Judged from the perspective of a reasonable o cer
2) Examined through the eyes of an o cer on the scene at the time the force was applied, not the 20/20 vision of
hindsight
3) Based on the facts and circumstances confronting the o cer without regard to the o cer's underlying intent or
motivation
4) Based on the knowledge that the o cer acted properly under the established law at the time.
17. Deadly Force: Force which, under the circumstance in which it is used, is readily capable of causing death
or serious bodily injury.
18. Chapter 5: General Principles of Justi�cation
19. Bodily Injury: Impairment of physical condition or substantial pain (Title 18 PA 2301)
20. Serious Bodily Injury: Bodily injury that creates a substantial risk of death or that causes death, serious
permanent dis�gurement, or protracted loss or impairment of the function of any bodily member or organ.
2/5
, Act #235
Study online at https://quizlet.com/_hfx1ry
21. Deadly Weapon: A �rearm or anything manifestly designed, made, or adapted for the purpose of in icting
death or serious bodily injury; or
(B) anything that in the manner of its use or intended use is capable of causing death or serious bodily injury.
22. intentionally: It is his conscious object to engage in conduct of that nature, or to cause such a result; and he
is aware of the existence of such circumstances or he believes or hopes that they exist.
23. knowingly: He is aware that his conduct will cause such a result; and if the element involves a result of his
conduct he is aware that it is practically certain that his conduct will cause such a result.
24. 2701 Simple Assult: Attempts to cause or intentionally, knowingly, or recklessly causes bodily injury to
another
25. Recklessly: He consciously disregards a substantial and unjusti�able risk that the material element exist or will
result from his conduct; and its disregard involves a gross deviation from the standard of conduct that a reasonable
person would observe in the actor's situation
26. Negligently: He should be aware of a substantial and unjusti�able risk that the material element exists or will
result from his conduct; and the risk must be of such a nature and degree that it involves a gross deviation from the
standard of care that a reasonable person would observe in the actor's situation.
27. General Requirements of Culpability: intent
knowledge
recklessness
criminal negligence
28. Lost or Damage Certi�cation Card: An a davit describing the circumstances under which the
original card was damaged or lost. It will be replace by Commissioner if the certi�ed agent supplies.
29. knife: January 02,2023 A knife is not a o enses weapon
30. When is safe: When is safe to lock the hand cu s
31. Commonwealth vs. Anderson: The Commonwealth appeals from the April 21, 2020, order entered in
the Court of Common Pleas of Dauphin County granting the motion to suppress �led by Sylvester Anderson (Appellee).
The Commonwealth contends the trial court erred in categorizing the police interaction with Appellee as an improper
investigative detention rather than a mere encounter. Central to this appeal is the question of whether a reasonable
person would feel free to leave or not engage with a police o cer when, inter alia, this was a two-phase interaction,
there were multiple armed and uniformed o cers present, and one o cer requested Appellee's identi�cation while
also questioning him about his parole status and whether he had anything on his person. The Commonwealth suggests
yes. Moreover, the Commonwealth argues the trial court erred in �nding that the o cer's search of Appellee's person
3/5
Study online at https://quizlet.com/_hfx1ry
1. the purpose of this act to provide for the education, training, and certi�cation
of such privately employed agents who, as an incidence to their employment
by the Commissioner of the Pennsylvania State Police.: Act # 235 Since 1974
2. Any privately employed agent who in the course of his employ carries a
lethal weapon, and who fails to comply with subsection (b) of section 4 or with
subsection (a) of section 8 of this act, shall be guilty of a misdemeanor and
upon conviction shall be subject to imprisonment of not more than one year
or payment of a �ne not to exceeding 1,000 or both: Work and not certi�ed with Act #235
3. Certi�ed but don't have your card = Any privately employed agent who in the
course of his employ carries a lethal weapon, and who violates subsection © of
section 7 of this act shall be guilty of a summary o ense, and, upon conviction,
shall pay a �ne not exceeding 50.00 or both: Certi�ed but don't have your card
4. Enacted on April 20,1871 as a part of civil right act it was know as the Ku KU
Klan ( KKK) they served as Police: Title 42 USC 1983 =
5. 1st Amendment: Freedom of Expression and Religion
6. 4th Amendment: Search and Seizure: Whether search and seizure falls under 4th AM must
a rmatively answer all:
i. Was the invasion upon an area/item protected by 4th AM
ii. Did Government agent
1. Physically intrude protected area/item to obtain information or
2. Violate individual's reasonable expectation to privacy in protected area/item
iii.Did individual have authority/standing to challenge government agent conduct?
7. 5th Amendment.: Eminent Domain, Right of Persons, self-incrimination, eminent domain, double jeopardy
8. 9th Amendment December 15,1791: If it is not written it does not count. The enumeration in the
Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. Focuses on
privacy. People have rights beyond the Constitution.
9. 14th Amendment (1868): Due Process The equal protection of the laws.
10. Tennessee vs. Garner (1985): A suspect running away and getting shot in the back dead by o cer.
the use of deadly force to prevent escape of all felony suspects,whatever the circumstances, is constitutionally unrea-
sonable
1/5
, Act #235
Study online at https://quizlet.com/_hfx1ry
Prohibition against using deadly force to arrest eeing felons in the absence of a deadly threat. Leading use of force.
11. Chapter 5 General Principles of Justi�cations = De�nition: The following words and
phrase, when used in this chapter shall have, unless the context clearly indicates otherwise, the meaning given to them
in this section:
12. Chapter 5 General Principles of Justi�cations Deadly Force: Force which, under the
circumstances in which it is used, is readily capable of causing death or serious bodily injury.
13. Peace O cer: Any person who by virtue of his o ce or public employment is vested by law with a duty to
maintain public order or to make arrest for o enses, whether that duty extends to all o enses or is limited to speci�c
o enses, or any person on active State duty pursuant to 51 PA CS 508 . THE Term peace o cer shall also include any
member of any park police department of any county of the third class.
14. Lethal Weapons Training Act 235: It is the purpose of this act to provide for the education, training
and certi�cation of such privately employed agents who, as an incidence to their employment carry lethal weapons
through a program administered or approved by the Commissioner of Pennsylvania State Police. Include, but are not
limited to, �rearms and other weapons calculated to produce death or serious bodily harm. A baton is a lethal weapon.
15. Rules 503 = Justi�cation Generally: (a) General Rule Conduct which the actor believes to be
necessary to avoid a harm or evil to himself or to another is justi�able.
16. Graham vs. Connor (1989): The Court noted that determining the objective reasonableness for the use
of force must be fact speci�c, and established the following four components for determining reasonableness:
1) Judged from the perspective of a reasonable o cer
2) Examined through the eyes of an o cer on the scene at the time the force was applied, not the 20/20 vision of
hindsight
3) Based on the facts and circumstances confronting the o cer without regard to the o cer's underlying intent or
motivation
4) Based on the knowledge that the o cer acted properly under the established law at the time.
17. Deadly Force: Force which, under the circumstance in which it is used, is readily capable of causing death
or serious bodily injury.
18. Chapter 5: General Principles of Justi�cation
19. Bodily Injury: Impairment of physical condition or substantial pain (Title 18 PA 2301)
20. Serious Bodily Injury: Bodily injury that creates a substantial risk of death or that causes death, serious
permanent dis�gurement, or protracted loss or impairment of the function of any bodily member or organ.
2/5
, Act #235
Study online at https://quizlet.com/_hfx1ry
21. Deadly Weapon: A �rearm or anything manifestly designed, made, or adapted for the purpose of in icting
death or serious bodily injury; or
(B) anything that in the manner of its use or intended use is capable of causing death or serious bodily injury.
22. intentionally: It is his conscious object to engage in conduct of that nature, or to cause such a result; and he
is aware of the existence of such circumstances or he believes or hopes that they exist.
23. knowingly: He is aware that his conduct will cause such a result; and if the element involves a result of his
conduct he is aware that it is practically certain that his conduct will cause such a result.
24. 2701 Simple Assult: Attempts to cause or intentionally, knowingly, or recklessly causes bodily injury to
another
25. Recklessly: He consciously disregards a substantial and unjusti�able risk that the material element exist or will
result from his conduct; and its disregard involves a gross deviation from the standard of conduct that a reasonable
person would observe in the actor's situation
26. Negligently: He should be aware of a substantial and unjusti�able risk that the material element exists or will
result from his conduct; and the risk must be of such a nature and degree that it involves a gross deviation from the
standard of care that a reasonable person would observe in the actor's situation.
27. General Requirements of Culpability: intent
knowledge
recklessness
criminal negligence
28. Lost or Damage Certi�cation Card: An a davit describing the circumstances under which the
original card was damaged or lost. It will be replace by Commissioner if the certi�ed agent supplies.
29. knife: January 02,2023 A knife is not a o enses weapon
30. When is safe: When is safe to lock the hand cu s
31. Commonwealth vs. Anderson: The Commonwealth appeals from the April 21, 2020, order entered in
the Court of Common Pleas of Dauphin County granting the motion to suppress �led by Sylvester Anderson (Appellee).
The Commonwealth contends the trial court erred in categorizing the police interaction with Appellee as an improper
investigative detention rather than a mere encounter. Central to this appeal is the question of whether a reasonable
person would feel free to leave or not engage with a police o cer when, inter alia, this was a two-phase interaction,
there were multiple armed and uniformed o cers present, and one o cer requested Appellee's identi�cation while
also questioning him about his parole status and whether he had anything on his person. The Commonwealth suggests
yes. Moreover, the Commonwealth argues the trial court erred in �nding that the o cer's search of Appellee's person
3/5
