MPOETC ACT 120 PRACTICE EXAM QUESTIONS WITH CORRECT DETAILED ANSWERS | ALREADY GRADED A+<RECENT VERSION>

MPOETC ACT 120 PRACTICE EXAM QUESTIONS WITH CORRECT DETAILED ANSWERS | ALREADY GRADED A+&lt;RECENT VERSION&gt; 1. 1st amendment (1791) - answer freedom of religion, speech, press, assembly, and petition 2. 2nd amendment - answer right to bear arms 3. 3rd amendment (1791) - answer soldiers can't quarter in any house, without the consent of the owner 4. 4th amendment (1791) - answer protection against unreasonable search and seizure 5. 5th amendment (1791) - answer the right to remain silent/double jeopardy, right to due process 6. 6th amendment (1791) - answer the right to a speedy trial by jury, representation by an attorney for an accused person 7. 7th amendment - answer right to a trial by jury in civil cases 8. 8th amendment (1791) - answer prohibits excessive fines and excessive bail/and cruel unusual punishment 9. 9th amendment (1791) - answer citizens entitled to rights not listed in the constitution 10. 10th amendment (1791) - answer powers not given to federal government go to people and states 11. 12th amendment (1804) - answer separation of votes for president and vice president 12. 14th amendment (1868) - answer citizenship, due process, equal protection 13. Bill or rights - answer first 10 amendments to the constitution 14. Pa constitution - answer more restrictive than us constitution 15. Statutes - answer written laws enacted by legislatures 16. Civil rights violations - answer unlawful arrest, search and seizure without probable cause, Unwarranted physical violence, Holding a prisoner beyond limitations 17. When can officers enter another jurisdiction - answer hot pursuit, asked, mutual aid, official business and felony crimes 18. Case laws - answer written decision of appellate courts deciding actual cases 19. Tort - answer violation of civil law 20. Probable cause - answer facts and circumstances that lead a reasonable person to believe a crime has been committed and the suspect committed the crime 21. 3 branches of government - answer legislative, executive, judicial 22. What branch of government do police fall under - answer executive 23. Pa court system - answer common pleas, circuit, supreme 24. Us court system - answer district, circuit, supreme 25. Grading of crimes - answer felonies, misdemeanors, and summaries 26. State of mind (mens rea) - answer recklessly, intentionally, willingly, knowingly 27. Where are statues of limitations found - answer title 42, section 5552. Judiciary code 28. Codification - answer the act or process of rendering laws in written form 29. 2 elements of a crime - answer physical act of crime (actus reus), mental intend to do so (mens rea) 30. Instrument of a crime - answer any instrument that is intended to be used to commit a crime 31. 1st degree murder - answer 2502 - killing that is premeditated, deliberate and done with malice 32. Felony crimes - answer murder, rape, kidnapping, arson, robbery, burglary, embezzlement, forgery, theft, and perjury 33. Voluntary manslaughter - answer 2503 - unlawful killing of a human being in sudden heat of passion upon sufficient legal provocation. Felony 2 34. Stalking - answer 2709 - repeatedly following, harassing, or threatening an individual. Misdemeanor 1 35. Kidnapping - answer 2901 - the unlawful removal or restraint of a person against his or her will 36. Rape - answer 3121 - the penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim 37. Burglary - answer 3502 - the unlawful entry of a structure to commit a felony or theft. Felony 1 38. Criminal mischief - answer the intentional or knowing damage or destruction of the tangible property of another 39. Police powers derive from - answer constitution, case law and statutory law 40. Affient - answer any responsible person capable of taking an oath affirming criminal complaint 41. 5 types of bail - answer non-monetary, unsecured, nominal, monetary, release of recognizance (ror) 42. Venue - answer boundaries which a court has jurisdiction and authority 43. Statute of limitations - answer summary - 30 days Misdemeanor- 2 years Felony - 5 years Homicide - no limit 44. 4 corners rule - answer if it is not within the 4 corners of the contract, than it doesn't exist 45. Search warrant time limit - answer 48 hours 46. Night time warrant hours - answer 47. How long to file a citation - answer within 5 days 48. How long to respond to a citation - answer within 10 days 49. Defendant has a right to a preliminary hearing - answer within 3-14 days after arrest 50. Time limit for trial - answer 180 days if incarcerated 365 if not 51. Minimal legal proof to justify arrest? - answer probable cause 52. Determine legality of an arrest - answer totality of the circumstances, reasonable person test 53. Mere encounter - answer exchange of information between officer and civilian, no level of suspicion required, civilian free to leave at anytime 54. Investigatory detention - answer need reasonable suspicion supported by articulated facts. Reasonable time is 20-30 minutes 55. Custodial detention - answer probable cause is needed, person is under arrest 56. Terry search of a car - answer search anywhere in arms reach unless locked, must have a warrant to search locked glove box, etc 57. Commonwealth v. Mimms - answer allowed to order passengers out of a vehicle and pat down for safety 58. Commonwealth v. Brown - answer dying declaration 59. 4 sources that govern police powers - answer 4th amendment, article 1 section 8 of pa constitution, case law, pa rules of procedure 60. Mapp v. Ohio - answer established the exclusionary rule was applicable to the states (evidence seized illegally cannot be used in court) 61. Us v. Leon - answer good faith exception to the exclusionary rule 62. Nix v. Williams - answer inevitable discovery exemption - evidence that was illegally seized may be used in court if it can be shown that it would have inevitably been discovered 63. Katz v. Us - answer reasonable expectation of privacy 64. Illinois v. Wardlow - answer mere presence in crime area isn't sufficient for terry stop 65. Illinois v. Gates - answer totality of the circumstances test, taken piecemeal, the evidence may not amount to probable cause, but if taken together as a whole the evidence achieves that level, the legal standard of proof for the search has been met 66. Staleness - answer normally 7 days max, considered unreliable after 7 days. 67. Who can issue warrants in cases of arrest? - answer issuing authority within judicial district 68. Subject to seizure - answer fruits, instruments, contraband, other criminal evidence 69. Reasonable knock and announce wait time - answer 2 announcements and 45 seconds 70. Exceptions to search warrant - answer existent circumstances, plain view, cars, smell and feel 71. Use of force amendments - answer 4, 8, 14 72. Golden rule test - answer use only force necessary to affect arrest, when suspect stops, so do you 73. Tennessee v. Garner - answer deadly force may not be used against an unarmed and fleeing suspect unless necessary to prevent the escape and unless the officer has probable cause to believe that the suspect poses a significant threat of death or serious injury to the officers or others. 74. Graham v. Connor - answer determined that the reasonableness of a particular use of force must be judged from the perspective of how a reasonable officer on the scene would respond, rather than from the 20/20 perspective of hindsight. 75. Brower v. Inyo county - answer excessive force: vehicle deadly force is excessive when wanted for a nonviolent crime. 76. When to use deadly force - answer armed, fleeing a crime where deadly force was used or threatened, immediate arrest is necessary to prevent suspect from escaping. 77. Commonwealth v mocoliocco - answer ethnic intimidation/possession of instruments of a crime 78. Georgia v. Randolph - answer without a warrant police have no constitutional right to search a house 79. Process of a crime scene - answer - secure - interview - examine - photograph - bag & tag 80. Prima facie - answer sufficient to establish a fact or raise a presumption unless disproved or rebutted 81. Reasonable suspicion - answer a suspicion based on specific facts; less than probable cause 82. Force continuum - answer 1. Presence 2. Verbal commands 3. Hands/restraints 4. Intermediate force (taser, oc, baton) 5. Deadly force 83. Use of force section - answer 508