2024 MPOETC Certification Test Exam with 100% Correct Answers, Exams of Advanced Education

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2024 MPOETC CERTIFICATION

TEST EXAM WITH 100%

CORRECT ANSWERS

2 elements of a crime - CORRECT ANSWERS-Physical act of crime (Actus Reus), Mental intend to do so (Mens Rea) Instrument of a crime - CORRECT ANSWERS-Any instrument that is intended to be used to commit a crime 1st degree murder - CORRECT ANSWERS-2502 - killing that is premeditated, deliberate and done with malice Felony Crimes - CORRECT ANSWERS-Murder, rape, kidnapping, arson, robbery, burglary, embezzlement, forgery, theft, and perjury 1st Amendment (1791) - CORRECT ANSWERS-Freedom of speech, religion and press and the right to petition 2nd Amendment (1791) - CORRECT ANSWERS-Right to bear arms 3rd Amendment (1791) - CORRECT ANSWERS-The government may not house soldiers in private homes without consent of the owner 4th Amendment (1791) - CORRECT ANSWERS-Freedom from unreasonable search and seizures Probable cause - CORRECT ANSWERS-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 - CORRECT ANSWERS-Legislative, Executive, Judicial What branch of government do police fall under? - CORRECT ANSWERS- Executive PA Court System - CORRECT ANSWERS-Common Pleas, Circuit, Supreme

US Court System - CORRECT ANSWERS-District, circuit, supreme Grading of crimes - CORRECT ANSWERS-Felony, misdemeanor, summary State of mind (Mens Rea) 4 - CORRECT ANSWERS-Mental intent to commit crime

• Recklessly
• Intentionally
• Negligently
• Knowingly Where are statutes of limitations found? - CORRECT ANSWERS-Title 42, section 5552 judiciary code Codification - CORRECT ANSWERS-The act or process of rendering laws in written form 5th Amendment (1791) - CORRECT ANSWERS-Double jeopardy, can't incriminate yourself, due process 6th Amendment (1791 - CORRECT ANSWERS-The right to a speedy and public trial. The right to confront the accuser 7th Amendment (1791) - CORRECT ANSWERS-Right to a trial by jury in civil cases 8th Amendment (1791) - CORRECT ANSWERS-Prohibits excessive fines and excessive bail/and cruel unusual punishment 14th Amendment - CORRECT ANSWERS-Can't deprive a citizen of life, liberty or property without due process Bill of Rights - CORRECT ANSWERS-First 10 amendments to the Constitution PA Constitution - CORRECT ANSWERS-More restrictive than US Constitution Statutes - CORRECT ANSWERS-Written laws made by legislatures civil rights violation - CORRECT ANSWERS-Unlawful arrest, search and seizure without probable cause. Holding a prisoner beyond limitations When can officers enter another jurisdiction - CORRECT ANSWERS-Hot pursuit, asked, mutual aid, official business and felony crimes case laws - CORRECT ANSWERS-Written decision of appellate courts deciding actual cases

Tort - CORRECT ANSWERS-A violation of the civil law Voluntary Manslaughter - CORRECT ANSWERS-2503 - unlawful killing of a human being in sudden heat of passion upon sufficient legal provocation. Felony 2 Stalking - CORRECT ANSWERS-2709 - Repeatedly following, harassing, or threatening an individual. M Kidnapping - CORRECT ANSWERS-2901 - The unlawful removal or restraint of a person against his or her will. Rape - CORRECT ANSWERS-3121 - Penetration however slight, forcible without consent. B Burglary - CORRECT ANSWERS-3502 - Unlawful entry with intent to commit a crime. F Criminal Mischief - CORRECT ANSWERS-Intentional or knowing damage or destruction of property. Police powers derive from - CORRECT ANSWERS-Constitution, case law and statutory law Affiant - CORRECT ANSWERS-Any responsible person capable of taking an oath affirming a criminal complaint 5 Types of bail - CORRECT ANSWERS-ROR Non-Monetary Unsecured Nominal Monetary Venue - CORRECT ANSWERS-Boundaries which a Court has jurisdiction and authority statute of limitations - CORRECT ANSWERS-Summary - 30 Days Misdemeanor- 2 years Felony - 5 years Homicide - no limit Four Corners Rule - CORRECT ANSWERS-No outside evidence may be used against somebody during a search warrant/investigation Search Warrants - CORRECT ANSWERS-Executed within 48 hours

Night Time Warrants - CORRECT ANSWERS-2200- How long to file a citation - CORRECT ANSWERS-Within 5 days How long to respond to a citation - CORRECT ANSWERS-Within 10 days Defendant has a right to a preliminary hearing - CORRECT ANSWERS-Within 3-10 days after arrest Time limit for trial - CORRECT ANSWERS-If incarcerated - 180 days Not incarcerated - 365 days Minimum legal proof to justify arrest - CORRECT ANSWERS-Probable cause Determine legality of an arrest - CORRECT ANSWERS-Totality of the circumstances, reasonable person test Mere encounter - CORRECT ANSWERS-Exchange of information between officer and civilian, no level of suspicion required, civilian free to leave at anytime Investigatory Detention - CORRECT ANSWERS-Need reasonable suspicion supported by articulated facts. Reasonable time is 20-30 minutes Custodial Detention - CORRECT ANSWERS-Probable cause is needed, person is under arrest Terry Search - CORRECT ANSWERS-Searching for weapons only. Must establish reasonable suspicion, believe criminal activity is afoot Plain Feel Doctrine - CORRECT ANSWERS--during frisk, if officer grab something and immediately recognize it, they can seize it Terry search of a car - CORRECT ANSWERS-Search within arms reach unless it's locked, must have a warrant to search trunk Commonwealth v. Mimms - CORRECT ANSWERS-Allowed to order passengers out of a vehicle and pat down for safety Commonwealth v. Brown - CORRECT ANSWERS-Dying declaration 4 sources that govern police powers - CORRECT ANSWERS-4th Amendment Article 1, Section 8 of PA Constitution Case Law PA rules of procedure

Mapp v Ohio - CORRECT ANSWERS-Exclusionary rule: prohibits the use of illegally obtained evidence in a criminal trial US v Leon - CORRECT ANSWERS-Good faith exception: evidence won't be surprised if acted in good faith Nix v. Williams - CORRECT ANSWERS-Inevitable discovery: prove illegally seized evidence would have been found sooner or later Katz v. US - CORRECT ANSWERS-Expanded 4th amendment to include conversation, expectation of privacy Illinois v Wardlow - CORRECT ANSWERS-Mere presence in crime area isn't sufficient for terry stop Illinois v Gates - CORRECT ANSWERS-Totality of circumstances test staleness - CORRECT ANSWERS-Normally 7 days max, considered unreliable after 7 days. Who can issue warrants in cases of arrest? - CORRECT ANSWERS-Issuing authority within judicial district Subject to seizure - CORRECT ANSWERS-Fruits, instruments, contraband, other criminal evidence Reasonable knock and announce wait time - CORRECT ANSWERS- announcements and 45 seconds Exceptions to search warrant - CORRECT ANSWERS-Existent circumstances, plain view, cars, smell and feel Use of force amendments - CORRECT ANSWERS-4, 8, 14 Golden Rule Test - CORRECT ANSWERS-Use only force necessary to affect arrest, when suspect stops, so do you Tennessee v Garner - CORRECT ANSWERS-Shooting of an unarmed,, nonviolent fleeing felony suspect violates the 4th Amendment Graham v Connor - CORRECT ANSWERS-Reasonableness of use of force judged from viewpoint of another officer on scene Brower v Inyo County - CORRECT ANSWERS-Excessive force: Vehicle deadly force is excessive when wanted for a nonviolent crime.

When to use deadly force - CORRECT ANSWERS-Armed, fleeting a crime where deadly force was used or threatened, immediate arrest is necessary to prevent suspect from escaping Commonwealth v Mocoliocco - CORRECT ANSWERS-Ethnic intimidation/possession of instruments of a crime Georgia v Randolph - CORRECT ANSWERS-Without a warrant police have no constitutional right to search a house Process of a crime scene - CORRECT ANSWERS-- Secure

• Interview
• Examine
• Photograph
• Bag & Tag prima facie - CORRECT ANSWERS-sufficient to establish a fact or raise a presumption unless disproved or rebutted reasonable suspicion - CORRECT ANSWERS-a suspicion based on specific facts; less than probable cause. Sufficient to believe criminal activity is occurring Force continuum - CORRECT ANSWERS-1. Presence

2. Verbal commands
3. Hands/restraints
4. Intermediate force (Taser, OC, baton)
5. Deadly force Use of force section - CORRECT ANSWERS- Felony 1st Degree - CORRECT ANSWERS-No more than 20 years, $25, fine

• rape, arson, kidnapping, burglary Felony 2nd Degree - CORRECT ANSWERS-No more than 10 years, $25, fine
• burglary with no occupants, DUI related homicide, statutory sexual assault Felony 3rd Degree - CORRECT ANSWERS-No more than 7 years, $15,000 fine
• terroristic threats, carrying gun w/o permit Misdemeanor 1st Degree - CORRECT ANSWERS-No more than 5 years, $10,000 fine
• prostitution, assault on official

Misdemeanor 2nd Degree - CORRECT ANSWERS-No more than 2 years, $5,000 fine

• bigamy, impersonating public servant Misdemeanor 3rd Degree - CORRECT ANSWERS-No more than 1 year, $2, fine
• prowling, open lewdness Murder degrees - CORRECT ANSWERS-1st - intentional 2nd - during act of felony crime 3rd - voluntary manslaughter (crime of passion) Criminal trespass - CORRECT ANSWERS-Section 3503, no intent to commit a crime necessary Robbery - CORRECT ANSWERS-3701 - Stealing by force or threatening of force. disorderly conduct - CORRECT ANSWERS-5503 - Intentionally or recklessly causing public inconvenience (summary) M3 if they intend to cause serious inconvenience Purpose of title 18 - CORRECT ANSWERS-Forbid or prevent conduct that harms people without justification Totality of Circumstances - CORRECT ANSWERS-A court review of all factors known to the officer at the time of the incident Types of Warrants (6) - CORRECT ANSWERS-Body warrant Warrant for fine and cost Duplicate warrant Re-issue warrant John Doe warrant Bench warrant Reasonable expectation of privacy - CORRECT ANSWERS-Self, in Home/business, I'm curtilage, public place where privacy is implied Field sobriety test - CORRECT ANSWERS-No law requires test, merely adds evidence against defendant CLEAN system - CORRECT ANSWERS-Vehicle information and drivers information

5 categories of controlled substances - CORRECT ANSWERS-Cannabis Narcotics Stimulants Depressants Hallucinogens exigent circumstances - CORRECT ANSWERS-Hot pursuit, armed and dangerous, violent crime in progress, in need of immediate police/medical attention Commonwealth v Jefferson - CORRECT ANSWERS-Presence in high crime area and a subjects flight upon observing police probably means criminal activity is afoot. Terry stop permitted PA Criminal Procedure - CORRECT ANSWERS-Crime Investigation Police file complaint Private complaint filed Summons Preliminary arraignment (set charges/bail) Preliminary hearing (Prima Facia) Formal arraignment (submit plea) Trial Sentencing Appeal Subpoena - CORRECT ANSWERS-Court order requiring a person to testify in court Expressed consent - CORRECT ANSWERS-Specifically unquestionable:

• Verbal
• Written Implied consent - CORRECT ANSWERS-Consent implied by actions:
• raising of hands
• implied by gestures Search warrant must include - CORRECT ANSWERS-Time/date Description of place to be searched Description of what/who to be seized 9th Amendment - CORRECT ANSWERS-Citizens entitled to rights not listed in the Constitution 10th Amendment - CORRECT ANSWERS-Powers not given to federal government go to people and States

2 ways officers can be sued for - CORRECT ANSWERS-Recklessly Maliciously What section is snow and ice dislodged or falling from moving vehicle? - CORRECT ANSWERS-3720, fine $200-$1, Duties of a driver in an emergency response area section? - CORRECT ANSWERS-3327, fine $ Simple assault - CORRECT ANSWERS-2701, M2 unless underage then M1. Attempts or intentionally, knowingly, or recklessly causes bodily injury or fear of bodily injury aggravated assault - CORRECT ANSWERS-2702, F Attempts to cause serious bodily injury, includes peace officers Terrorism - CORRECT ANSWERS-2717 - Intimidate or coerce a civilian population, F3 unless mass destruction then F Luring section - CORRECT ANSWERS-2910 - M1, if under 13 then F What surface is not necessary to treat chemically, use powder instead? - CORRECT ANSWERS-Non-porous Reckless driving fine - CORRECT ANSWERS-3736 - $ Commonwealth v Edmunds - CORRECT ANSWERS-Good faith rule Terry v Ohio - CORRECT ANSWERS-Stop and frisk Miranda v. Arizona - CORRECT ANSWERS-The accused must be notified of their rights before being questioned by the police What agency investigates civil rights violations - CORRECT ANSWERS-FBI Stare decisis - CORRECT ANSWERS-Case law or precedent 3 Inchoate Offenses - CORRECT ANSWERS-Criminal attempt Criminal solicitation Criminal conspiracy Rules of criminal procedures title - CORRECT ANSWERS-Title 234 Penalty section for drug offenses - CORRECT ANSWERS-780-

Generic fingerprinting - CORRECT ANSWERS-DNA matching Commonwealth v Grey - CORRECT ANSWERS-Nervous suspect doesn't not equal reasonable suspicion What rule does not apply to evidence in PA - CORRECT ANSWERS-Good faith rule Theft - CORRECT ANSWERS- F3 - over $2,000 or vehicle/airplane/vessel F2 - $100,000-$500, F1 - of firearm is stolen, over $500, M3 - $50-$ PA vehicle code title? - CORRECT ANSWERS-Title 75 Vehicle code: licensing of drivers - CORRECT ANSWERS- Vehicle code: commercial driver - CORRECT ANSWERS- Vehicle code: classic vehicle - CORRECT ANSWERS-15 years old Vehicle code: change of address in how many days - CORRECT ANSWERS- Within 15 days Vehicle code: junior drivers license can't drive when - CORRECT ANSWERS- Between 11p-5a Vehicle code: turn signal when - CORRECT ANSWERS-Less than 35mph - 100 ft Over 35mph - 300ft Vehicle code: antique vehicle - CORRECT ANSWERS-25 years old Vehicle code: gross weight - CORRECT ANSWERS-Combined weight of vehicle or combination of vehicles Vehicle code: chapter for fees? - CORRECT ANSWERS- Vehicle code: registration chapter - CORRECT ANSWERS- Vehicle code: insurance chapter - CORRECT ANSWERS- 12th Amendment - CORRECT ANSWERS-separation of votes for President and Vice President

5 levels of certainty - CORRECT ANSWERS-Beyond a reasonable doubt Probable cause Preponderance of evidence Reasonable articulable suspicion (RAS) Mere officer suspicious 3 acts during probable cause - CORRECT ANSWERS-Arrest Search/Seizure warrant Warrantless search exception 7 warrantless search/seizure exceptions - CORRECT ANSWERS-Search incident to arrest Consent Stop/frisk Plain view Abandoned property Exigency Open fields Arizona v Gant - CORRECT ANSWERS-Area within reach, lunge or grab can be searched Search incident to arrest - CORRECT ANSWERS-Probable cause to make arrest Lawful arrest made Conduct a search incident to arrest Carroll Doctrine - CORRECT ANSWERS-Doctrine that allows legal search of a readily moving vehicle US v Jones - CORRECT ANSWERS-Court found that police use of a GPS tracker constituted a 'search' and required a valid warrant Oliver v US - CORRECT ANSWERS-No privacy in an open field under federal law Weeks v US - CORRECT ANSWERS-Established exclusionary rule, evidence gotten without a warrant isn't admissable in a federal court