FINAL MPOETC EXAM EXAM QUESTIONS & ANSWERS SOLVED 100% CORRECT!!

4 Corner Rule - > If it's not in the affidavit it DOES NOT count 4 Corner Rule - > What is written in the affidavit is considered, anything not on that document did not happen Abandoned Property - > Abandoned property is admissible evidence except where abandonment is coerced by lawful police action (Commonwealth v. Harris) Abandonment Example - > 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 - > The person who makes & subscribes his signature to an affidavit > This is typically the police officer but can also be a private citizen Affidavit - > 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 - > 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 - > 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 - > 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 - > Arraignment: notify defendant of the charges; no defense allowed > Preliminary Hearing: prima facie or evidence presented Arrest Defined - > 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 impre