2024 MPOETC FINAL EXAM WITH 100% CORRECT ANSWERS, Exams of Advanced Education

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2024 MPOETC FINAL EXAM

WITH 100% CORRECT ANSWERS

Abandoned Property - CORRECT ANSWERS-> Abandoned property is admissible evidence except where abandonment is coerced by lawful police action (Commonwealth v. Harris) What statute allows citizens to use force? - CORRECT ANSWERS-> 505 What statute allows law enforcement to use force? - CORRECT ANSWERS-> 508 Statute of Limitations - CORRECT ANSWERS-> Time you were made aware of charges What are the four types of culpability? - CORRECT ANSWERS-> Intentionally

Knowingly Recklessly Negligently Rule 600 - CORRECT ANSWERS-> Guarantees the right to a speedy trial for all criminal defendants; the Commonwealth (District Attorney) is required to bring a criminal defendant to trial If person is out of jail: 365 days If person is in jail: 180 days ** if not met within 180 days, person is released on conditions;ex. halfway house, programming) What is the retrial period for an individual in jail and a mistrial takes place? - CORRECT ANSWERS-> 120 days Four Sources of Law Governing Police Officers Power to Arrest - CORRECT ANSWERS-> 4th Amendment Article 1 Section 8 (PA) Case Law (US & PA court decision) Statutory Law (PA rules of criminal procedure) What is the minimum legal proof necessary to justify the seizure of a person by lawful authority? - CORRECT ANSWERS-> Probable cause

4 Corner Rule - CORRECT ANSWERS-> If it's not in the affidavit it DOES NOT count Sources of Probable Cause - CORRECT ANSWERS-> Observation made through officers senses

Reliable info that the officer received from others Info that the officer receives through investigation What are the two clauses that fall under the 4th amendment? - CORRECT ANSWERS-> Privacy clause Warrant clause Privacy Clause - CORRECT ANSWERS-> People have the right to be secure

(feel safe) in their persons (arrest), houses (home), papers & effects from unreasonable searches & seizures

Only prohibits unreasonable searches Warrant Clause - CORRECT ANSWERS-> Warrant must be:

• based on probable cause
• supported by oath or affirmation (judicial authority to sign off; judge/magistrate)
• describe place to be search
• describe person or item(s) to be seized May seize 5 categories of items in a search incident to arrest - CORRECT ANSWERS-> Fruit of a crime (anything gained; money)

Instruments of crime (fun, knife, bat) Contraband (anything illegal/drugs) Other evidence of a crime (clothing) Any item the suspect may use to hurt himself/others while in custody (belt, keys, shoe laces) What is not a defense of culpability? (304) - CORRECT ANSWERS-> Ignorance of the law Voluntary intoxication/drugged What is a defense for culpability? - CORRECT ANSWERS-> Duress Insanity Guilty but mentally ill Involuntary intoxication What types of encounters does law enforcement have with the public? - CORRECT ANSWERS-> Mere encounter Investigatory detention Custodial detention/arrest

What type of proof do you need for an investigatory detention? - CORRECT ANSWERS-> Reasonable suspicion What type of proof do you need for a custodial detention? - CORRECT ANSWERS-> Probable Cause What are the three components of the Criminal Justice System? - CORRECT ANSWERS-> Law enforcement

Courts Corrections Level of Government - CORRECT ANSWERS-> Local/municipal County State Federal Courts (court system) - CORRECT ANSWERS-> Local (minor courts) Court of common pleas (appeals from minor cases) Commonwealth court (state court) Superior court Supreme court Federal court Initial Appearance (preliminary arraignment) - CORRECT ANSWERS-> Defendant is brought before a judge to hear charges & a bail decision Preliminary Hearing - CORRECT ANSWERS-> show the court the prosecution has a "prima facie" case (on the surface it warrants putting the defendant through a prosecution & using the state's resources to pursue the matter) Formal Arraignment - CORRECT ANSWERS-> Defendant hears charges to be tried & enters plea if plead guilty or solo contenders (no contest) may have a hearing to determine penalty or may go immediately to sentencing stage defendant may plea "not guilty" then the case proceeds to next level Common Pleas Court (criminal court) - CORRECT ANSWERS-> Trial by jury Trials have two primary stages:

• presentation of prosecution
• presentation of defense, if defendant elects to do so Bail - CORRECT ANSWERS-> A bond to insure the appearance of the defendant in court if they are not to be held in custody until trial ROR ( released on recognizance) - CORRECT ANSWERS-> Their word they will appear in court is their bond

PA is the only state in which the grand jury has what? - CORRECT ANSWERS-

No authority to indict Pre-motion Trial - CORRECT ANSWERS-> These motions may address the admissibility of evidence, or venue changes In this stage the plea negotiations most likely will take place or diversionary programs such as Accelerated Rehabilitative Disposition What are the three eras of policing? - CORRECT ANSWERS-> Political era Reform era Community era Political Era - CORRECT ANSWERS-> Police often obtained their job as favors by politicians to constituents who had financially backed them Ex. big buff male would get job) Reform Era - CORRECT ANSWERS-> Narrowed police function to crime control/reactive, incident driven police service Ex. DARE program Community Era - CORRECT ANSWERS-> We are currently in this era Develop a sense of lawfulness in our society
We want their input, we want them to invest in their community police agency (partnership) S.A.R.A Model - CORRECT ANSWERS-> Scanning Analysis Response Assessment Crime Triangle - CORRECT ANSWERS-> Offender Place Target/victim Discretion - CORRECT ANSWERS-> The right to choose what should be done in a particular situation; the quality of showing discernment or good judgement Summons - CORRECT ANSWERS-> M-2 or lower Obey the summons No threat to self or others Warrant - CORRECT ANSWERS-> Murder, felony or M Disobey summons Threat to self or other

If an individual is issued a summons but does not obey it then what should the officer do? - CORRECT ANSWERS-> Request for a warrant Rule 519 - CORRECT ANSWERS-> Decides if you will go to jail or not Schedule Date & Time of Preliminary Hearings - CORRECT ANSWERS-> In jail (couldn't make bail): 3-14 days

Out of jail (could make bail): within 21 days What has no bail? - CORRECT ANSWERS-> Life/death sentence Murder Capital crimes Prima Facie - CORRECT ANSWERS-> Was there a crime committed The victim is saying that it was committed There is an actor who committed it Abandonment Example - CORRECT ANSWERS-> 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) Forced (coerced) Abandonment - CORRECT ANSWERS-> When an officer chases a person w/o probable cause or reasonable suspicion, a "seizure" occurs; property which the person discards while fleeing under such circumstances is the fruit of that unlawful seizure & is subject to suppression Forced Abandonment Example - CORRECT ANSWERS-> Two people talking, officer stated "hey come here", & they take off running & drop bag; officer looks in & finds drugs Arrest is not good b/c of forced coercion Commonwealth v. Gary - CORRECT ANSWERS-> Permitted to search vehicle w/ probable cause to stop vehicle Independent probable cause separate from the traffic stop Independent probable cause that evidence of a crime or contraband is in the vehicle Justification for a Detention - CORRECT ANSWERS-> Flight High Crime Area Officer's Experience Tips Anonymous Tips Combined, these justifications create justifications

Grading - CORRECT ANSWERS-> The grading of the offense dictates whether a physical arrest can be made on scene, the actor is released & summoned or an arrest warrant must be filed for prior to arrest Tolling - CORRECT ANSWERS-> A legal doctrine the allows for the pausing or delaying of the running of the period of the time set forth by a statute of limitations On View Arrest - CORRECT ANSWERS-> Any felony, or any misdemeanors in view of officer, based on grading or exception to laws of arrest when authorized by law Summary Offense - CORRECT ANSWERS-> Not classified as a crime, but as an offense

Imprisoned no more than 90 days, no more than $300 fine M'Naghten Rule - CORRECT ANSWERS-> Rule that determines whether a suspect's plea for criminally insane is accepted or not a test for criminal insanity Deadly Force - CORRECT ANSWERS-> Capable of causing death/serious bodily injury/permanent disfigurement Inchoate Crimes - CORRECT ANSWERS-> Crimes that are committed before or in preparation for committing another crime Offenses - CORRECT ANSWERS-> Felony 1: 20yrs, $25,000 fine Felony 2: 10 yrs, $25,000 fine Felony 3: 7 yrs, $15,000 fine Misdemeanor 1: 5 yrs, $10,000 fine Misdemeanor 2: 2 yrs, $5,000 fine Misdemeanor 3: 1 yr, $2,500 fine Summary: 90 days, $300 fine Murder 1: Death or Life Imprisonment, $50,000 fine Murder 2: Life Imprisonment, $50,000 fine Murder 3: 40 yrs, $50, Juvenile Court System - CORRECT ANSWERS-> Rehabilitation Municipal Police Jurisdiction Act (MPJA) - CORRECT ANSWERS-> "Primary Jurisdiction": the geographical limits of the municipality or combination of municipalities that employ the officer; enforce laws of the commonwealth in respect to offenses observed & that the officer has probable cause to believe the crime was committed within the officers jurisdiction

Mutual Aid Agreement - CORRECT ANSWERS-> Officer asked to assist by another local, state or federal law enforcement agency To charge a crime - CORRECT ANSWERS-> All elements of the offense must be presented

Must prove ALL elements if not all elements you either have no crime or a lesser crime Statutes of Limitations - CORRECT ANSWERS-> Felony: 5 yrs Misdemeanor: 2 yrs Summary Offense: 30 days How many people are needed for a criminal conspiracy? - CORRECT ANSWERS-> 2 or more What case law established use of deadly force? - CORRECT ANSWERS-> Tennessee v. Garner Suspect ran, officers shot suspect while fleeing Which case law established the reasonable officer standard? - CORRECT ANSWERS-> Graham v. Connor Based on the same facts & circumstances, what would another officer most likely do in the same scenario Which offenses mandate arrest? - CORRECT ANSWERS-> Meghans law violations Domestic Violence Theft Offense - CORRECT ANSWERS-> Property stolen is a firearm: F Amount stolen is $100,000 or more but less than $500,000: F Amount exceeds $2,000 or property stolen is automobile or some type of vehicle: F $500,000 or more: F More than $200 but less than $2000: M $50-$200: M Less an $50: M In order for it to be a riot - CORRECT ANSWERS-> Must be you & two other people You + two = riot Service Guide or Support Dog - CORRECT ANSWERS-> A dog that is trained to work or perform tasks to benefit of an individual w/ a disability consistent w/ federal & state law related to service animals; people who have these animals are not required to have markings/paper & do not have to tell you their disability

Two animals allowed: dog & miniature pony Bill of Rights - CORRECT ANSWERS-> First 10 amendments to the Constitution Article 1 Section 6 - CORRECT ANSWERS-> Provides that the right to trial by jury applies both to the commonwealth & the accused Article 1 Section 8 - CORRECT ANSWERS-> Has been held to provide increased protection of the right to privacy in PA searches & seizures Ex. remedy for violation of knock & announce rule is exclusion Article 1 Section 9 - CORRECT ANSWERS-> Provides strict standards for the rights of the accused in a criminal trail; it also provides for a speedy trial that has resulted in the 180 day rule; also allows the accused to be impeached w/ his own suppressed voluntary statement Article 1 Section 10 - CORRECT ANSWERS-> Provides strict standards for double jeopardy, as well as the method by which criminal proceedings are to be initiated by info Article 1 Section 13 - CORRECT ANSWERS-> Provides that excessive bail shall not be allowed, nor excessive fines imposed Article 1 Section 15 - CORRECT ANSWERS-> Eliminates the creation of special tribunals or commissions to try certain types of crimes Article 1 Section 17 - CORRECT ANSWERS-> Disallows passage of ex past facto laws; only applies to penal statutes & must impose a punishment for an act which was not punishable at the time it was committed, or impose additional punishment to that then prescribed Article 1 Section 21 - CORRECT ANSWERS-> Provides the right to bear arms Serious Bodily Injury - CORRECT ANSWERS-> Bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ Bodily Injury - CORRECT ANSWERS-> Impairment of physical condition or substantial pain Deadly Weapon - CORRECT ANSWERS-> Any firearm, whether loaded or unloaded, or any device designed as a weapon and capable of producing death or serious bodily injury, or any other device or instrumentality which,

in the manner in which it is used or intended to be used, is calculated or likely to produce death or serious bodily injury Ages regarding Rape/Statutory Sexual Assault - CORRECT ANSWERS-> 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 Criminal Attempt - CORRECT ANSWERS-> A person commits an attempt when, with intent to commit a specific crime, he does any act which constitutes a SUBSTANTIAL STEP toward the commission of that crime Theft vs Robbery - CORRECT ANSWERS-> Robbery is theft by force and it is still robbery even if you don't get anything.) Example of Theft of Services - CORRECT ANSWERS-Leaving before paying for a haircut would constitute theft of services. Retail Theft - CORRECT ANSWERS-> Change price on items, walks out with merchandise, remove security tag, remove merchandise from container, under-ringing; basically any intent to deprive merchant of cost of item or the item itself Do not have to leave store In order to charge grading of retail theft, it depends on the AMOUNT STOLEN+PRIOR CONVICTIONS 1st Offense which is less than $150 is a Summary Offense 2nd Offense of less than $150 is a Misdemeanor 2 What's the disposition we need for prior arrests and convictions? - CORRECT ANSWERS-> You need: the name of the Judge, the date of the case, and the case number to prove prior convictions In order to give consent what state of consciousness must they be in? - CORRECT ANSWERS-> CANNOT give consent if UNCONSCIOUS, UNDER 18, UNDER 13, Involuntary Toxication, or Medical Disability Ex. Voluntary Intoxication-You go out for drinks with a female and get to THAT POINT and the female passes out but male continues is considered RAPE! Cannot consent if person is not conscious

Falsifying Police Reports - CORRECT ANSWERS-> Make up a story that you know is not factual and tell the police in order to implicate someone in criminal matters False Identification to Law Enforcement - CORRECT ANSWERS-> In order to charge this you must first tell the individual that they are subject to investigation so if they give you a false name after warning them then you can charge this crime Failure to Disperse - CORRECT ANSWERS-> More than 2 people (so 3 people or more) Disorderly Conduct Upgrade in Grading happens when? - CORRECT ANSWERS-> Person persists after you give them a reasonable warning to stop or request for them to desist. (did not comply so goes from Summary to M3)

Disorderly conduct with more than 2 people can be charged with failure to disperse YOU CANNOT BE DISORDERLY IN YOUR OWN HOME To be charged with public drunkenness - CORRECT ANSWERS-> YOU MUST BE IN PUBLIC. (Cannot be charged if you are in your own abode) Protected Class of People - CORRECT ANSWERS-Police Officer, firefighter, County adult probation or parole officer, county juvenile probation or parole officer, an agent of the PA board of Probation and Parole, Sheriff, Deputy Sheriff, Liquor Control enforcement agent, Officer or employee of a Correctional institution, Judge of any court, The attorney general, a deputy attorney general, a district attorney, an assistant district attorney, A public defender, Federal/state/local law enforcement official, PARKING ENFORCEMENT, EMERGENCY MEDICAL SERVICES PERSONNEL, GOVERNOR, UTILITY SERVICE WORKERS, CHILD AND YOUTH SERVICES, FISH AND GAME COMMISSION Elements of Strangulation - CORRECT ANSWERS-> KNOWINGLY or INTENTIONALLY impeding the breathing or circulation of blood of another person by:

• 1-Applying pressure to the throat or neck or
• 2-blocking the nose and mouth of the person

The lack of physical injury to a victim shall NOT be a defense in a prosecution under this section Receiving Stolen Property - CORRECT ANSWERS-> Receiving or buying property that is known or reasonably believed to be stolen. THE GRADING IS SAME AS THEFT

Ethnic Intimidation - CORRECT ANSWERS-> You need a base crime in order to charge this.

Can be charged with arson, criminal mischief, property destruction Propulsion of Missiles - CORRECT ANSWERS-> Throwing beer cans onto overpass Simple Assault vs Aggravated Assault - CORRECT ANSWERS-> Simple: Bodily injury Aggravated: Serious bodily injury Prohibited Offensive Weapons - CORRECT ANSWERS-Any bomb, grenade, machine gun, sawed-off shotgun with a barrel less than 18 inches, firearm specially made or specially adapted for concealment or silent discharge, any blackjack, sandbag, metal knuckles, dagger, knife, razor or cutting instrument, the blade of which is exposed in an automatic way by switch, push-button, spring mechanism, or otherwise, any stun gun, stun baton, taser or other electronic or electric weapon or other implement for the infliction of serious bodily injury which SERVES NO COMMON LAWFUL PURPOSE Burglary - CORRECT ANSWERS-> ALL INCLUSIVE CRIME Can only charge other crime if it is a FELONY 1 or FELONY 2 Where does the Municipal Jurisdiction Act Apply? - CORRECT ANSWERS-> The officer is acting pursuant to an order issued by a court of record The officer is in hot pursuit The officer has been requested to aid or assist a federal, state or local law enforcement agency The officer had prior consent to assist Officer views an offense which is a felony or has probable cause to believe

that an offense which is a felony has been committed Does the heinous nature of the crime excuse the violation of the constitution by law enforcement? - CORRECT ANSWERS-> No, if police act in bad faith it does not matter the crime; once constitutional rights are violated it does not matter Criminal Procedure - CORRECT ANSWERS-> The framework of laws & rules that govern the administration of Justice Purpose of Criminal Procedure - CORRECT ANSWERS-> Safeguards against the indiscriminate application of criminal laws & the wanton treatment of suspected criminals

Rules provide for consistency of how persons accused of crimes are treated consistently & fairly w/ uniformity

Violations of the rules can lead to what? - CORRECT ANSWERS-> Can lead to dismissal of criminal charges; while also creating civil liability & administrative disciplinary actions against officers Mapp v. Ohio - CORRECT ANSWERS-> Established the exclusionary rule; was applicable to the states (evidence seized illegally cannot be used in court)

"The criminal goes free, if he must, but it is the law that sets him free" Arizona v. Hicks - CORRECT ANSWERS-> 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 PA Courts - CORRECT ANSWERS-> 7 Supreme Court Justices 15 Superior Court Judges 9 Commonwealth Judges 451 Court of Common Pleas Judges 516 Magistrate Court Judges Order of Court Procedures - CORRECT ANSWERS-> Physical Arrest Preliminary Arraignment & Bail Hearing Preliminary Hearing (Prima Facie) Formal Arraignment Court of Common Pleas (Criminal Court) Booking Center - CORRECT ANSWERS-> A facility utilized for the processing and identification of individuals arrested, charged or accused of a crime (part of the booking process) Affiant - CORRECT ANSWERS-> The person who makes & subscribes his signature to an affidavit This is typically the police officer but can also be a private citizen Arraignment - CORRECT ANSWERS-> 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

Voir Dire - CORRECT ANSWERS-> Jury selection process of questioning prospective jurors, to ascertain their qualifications and determine any basis for challenge. Indictment - CORRECT ANSWERS-> A formal charge by a grand jury General Rule of Venue - CORRECT ANSWERS-> Criminal charges must be filed in the Judicial District where the offense took place and before the District Magistrate in the Magisterial District where the offense took place. Example of Venue/ Warrant serving outside of Officers Jurisdiction - CORRECT ANSWERS-> Defendant lives in Ross Township but committed crime in Pittsburgh. Search warrant of property would go through Ross Township. Criminal Charges would be filed in Pittsburgh. If Arrest warrant, contact Ross Township but Pittsburgh can serve the arrest warrant of defendant in Ross Township. Bench Warrant - CORRECT ANSWERS-> An arrest warrant issued directly by the judge when an accused person fails to appear in court Affidavit - CORRECT ANSWERS-> Document we are suing to put down what crime is being committed, the elements of the crime & evidence towards the crime 4 Corner Rule - CORRECT ANSWERS-> What is written in the affidavit is considered, anything not on that document did not happen Rule 205 Contest of Search Warrant (pg.916) - CORRECT ANSWERS-> 48hrs from issuance of warrant/day judge signed it

Do NOT limit scope of search, you want something big & something small All search warrants get returned to the judge who authorized the search warrant Sealing a search warrant is up to the DA, you have to have a reason why Who gets a copy of the Inventory/Receipt for Seized Property? - CORRECT ANSWERS-> Officer Judge Person whose property was taken Procedure in Summary Cases - CORRECT ANSWERS-> Criminal proceedings in summary cases shall be instituted either by:

1. Issuing a citation to the defendant; or
2. Filing a citation; or
3. Filing a complaint; or
4. Arresting w/o a warrant when arrest is specifically authorized by law

Ticket vs Citation - CORRECT ANSWERS-> Ticket: by municipality/local ordinance, ticket is giving the person the chance to comply w/ little financial loss (after a stated amount of time, the payment can turn into a citation)

Citation: is based off of a state vehicle code law, state mandated fees+cost at a higher expense Trial de Novo - CORRECT ANSWERS-> A new trial that takes place as if the first trial had not occurred In front of a judge, there is no jury Summary Offense - CORRECT ANSWERS-> Have 30 days from date of violation to investigate and then file charges. 5 days to get ticket to magistrate after it has been written. For summary offenses, up to 90 days and $300 fine. Failure to respond in 10 days, defendant will receive summons of citation in the mail. IF NO RESPONSE, warrant for arrest goes out and then driver's license is suspended. > IF FOUND GUILTY of citation, you the defendant have 30 days to appeal it. Types of Encounters - CORRECT ANSWERS-> Mere Encounter Investigatory Detention Custody/Arrest Mere Encounter - CORRECT ANSWERS-> Exchange of information between officer and civilian, no level of suspicion required, civilian free to leave at anytime. Right to inquire, no physical force authorized by the 4th As long as a reasonable person understands that he or she could decline to speak to the officer and walk away. (It is clear that the individual need not stop or respond, free to leave and have no obligation to interact) Investigatory Detentions (Terry Stops) - CORRECT ANSWERS-> Brief detention of a suspect by a police officer who has reasonable suspicion that criminal activity is afoot Reasonable suspicion of criminal activity required (Terry Stops) Custody/Arrest or Custodial Detention - CORRECT ANSWERS-> Probable cause is needed, person is under arrest Court Case - CORRECT ANSWERS-> A case in which one or more of the offenses charged is a misdemeanor, felony, or murder of the first, second, or third degree Warrants & Arrests - CORRECT ANSWERS-> These terms are similar; the primary difference is that a warrant is just prior approval from a neutral

magistrate as to where an arrest is taking that individual straight into custody Williams v. Nix (1968) - CORRECT ANSWERS-> 10 year old girl abducted, raped, and murdered in Iowa at a YMCA by escaped mental patient Williams. Body dumped in ditch on side of the road, suspect taken into custody in Illinois. Suspect invoked 6th amendment right to counsel but the Police question him in car on the way back to Des Moines, Iowa. Suspect confesses to murder and shows the police where evidence may be and takes police to where body is discovered. CONFESSION GOT SUPPRESSED

This created an "inevitable discovery" exception to the exclusionary rule. The exclusionary rule makes most evidence gathered through violations of the Fourth Amendment to the United States Constitution, which protects against unreasonable search and seizure, inadmissible in criminal trials as "fruit of the poisonous tree". In Nix, the Court ruled that evidence that would inevitably have been discovered by law enforcement through legal means remained admissible Rule 509: Use of Summons or Warrant of Arrest in Court Cases - CORRECT ANSWERS-> Misdemeanor 1 and higher is a warrant Misdemeanor 2 and lower is a summons No actor is present

• For Summons: M2 or Lower (criminal code is M2 or lower, Vehicle code is M1 and lower for DUI), must be reason to believe actor is not a threat to self or others and will obey the summons
• For Warrant: Felony or Murder or M1, reasonable grounds to believe the defendant will not obey summons (ex: summons was undeliverable, past history of not obeying, identity is unknown of defendant) or the issuing authority believes the defendant poses a threat to himself or others Rule 519 Procedure in Court Cases Initiated by Arrest w/o Warrant - CORRECT ANSWERS-> For release Arrested without Warrant:The most serious offense charged is a Misdemeanor 2 or lower, the defendant poses no threat to themselves or others, and the arresting officer has reasonable grounds to believe that the defendant will appear as required (no prior history of them not coming to court)

Misdemeanor 1 or higher person goes to jail We as officers are required to file a complaint within 5 days which leads to a summon Rule 510 Contents of Summons; Notice of Preliminary Hearing - CORRECT ANSWERS-> The date set for the preliminary hearing shall be NOT LESS THAN 20 days from the date of mailing the summons

Rule 513 Requirements for Issuance, Dissemination of Arrest Warrant Information - CORRECT ANSWERS-> Need to include Probable cause in Affidavits (NO EVIDENCE OUTSIDE OF THE AFFIDAVITS the 4 corners rule)

No arrest warrant shall issue but upon probable cause **Delay in dissemination of Arrest warrant information is 72 HOUR RULE with an additional 24 HOURS if necessary**** Rule 513.1 Sealing of Arrest Warrant - CORRECT ANSWERS-> Sealed to protect Confidential Informant, Officer Safety issue, or maybe it is an on- going investigation with more than one actors 60 DAYS, and then apply for an extension this extension is 30 days Rule 515 Execution of Arrest Warrant - CORRECT ANSWERS-> A diligent search is required and must be documented every 30 DAYS to continue the WARRANT. You must show documentation that you looked, for example: Their residence, different social media sites, their previous addresses, the Morgue, Hospitals, Jail, the DMV, Post Office, Social Security Office, their Work,

Frequent establishments..... Example of when other state will not extradite - CORRECT ANSWERS-> If warrant is for a crime in Alabama, call down there and if they will no extradite from Pennsylvania then you must let that person go Rule 542 Preliminary Hearing Continuances - CORRECT ANSWERS-> Hearsay evidence shall be sufficient to establish any element of an offense (Must be permitted by judge), included but not limited to, those requiring PROOF OF OWNERSHIP of, non-permitted use of, damage to, or value of property such as for firearms, vehicles, estimation of damage by a contractor etc Rule 524 Types of Release on Bail - CORRECT ANSWERS-> If In Jail, then between 3-14 DAYS they must be in front of Magistrate.If out of Jail, then must be within 21 DAYS

Types of Release on Bail:

• Released on Recognizance (ROR): to appear when required and to comply with the conditions of the bail bond
• Release on Non-monetary conditions: to comply with any non-monetary conditions, which the bail authority determines are reasonably necessary to ensure the defendant's appearance and compliance with the conditions of the bail band (like house arrests or go to AA meetings or meet with probation officer)

• Release on Unsecured Bail Bond: to be liable for a fixed sum of money if he or she fails to appear as required or fails to comply to the conditions of the bail bond. NO MONEY or other form of SECURITY IS DEPOSITED
• Release on Nominal Bail: depositing a nominal amount of cash which the bail authority determines is sufficient security for the defendant's release
• Release on Monetary Condition: compliance with a monetary condition imposed pursuant to Rule 528. The amount of the monetary condition shall not be greater than is necessary to reasonably ensure the defendant's appearance and compliance(Conditions of bail must be fulfilled, if not met you get bench warrant for their arrest) Rule 551 Withdrawal of Charges Pending Before Issuing Authority - CORRECT ANSWERS-> Withdrawal shall be in writing Rule 584 Motion for Change of Venue - CORRECT ANSWERS-> Change of venue due to publicity, looking for non-bias venue, impartial trial Rule 600 Prompt Trial - CORRECT ANSWERS-> 365 DAY RULE-when charges are authorized by the judge (when you make arrest or fill out warrant or summons them you have 1 year from that date if out of jail or not)

IF DEFENDANT IS IN JAIL, it turns into 180 DAYS, if 180 days he is still in jail, the bad guy is RELEASED (case doesn't go away because still has not reached 365 days but out of jail) IF IT IS A RETRIAL/MISTRIAL/HUNG JURY/EVIDENCE SUPPRESSED, you have 120 DAYS to get to trial Rule 648 Verdicts - CORRECT ANSWERS-> Vote must be unanimous, all jurors must agree Guilty or Not Guilty must be decided on each charge separately Rule 705.1 Restitution - CORRECT ANSWERS-> The judge shall determine what the restitution is if any, how it is going to be paid and who it is going to be paid to Arrest Defined - CORRECT ANSWERS-> 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 impression to the actor that he/she is under arrest, but always identify yourself as an officer and reveal your purpose+authority unless it is obvious

Rule 705 Imposition of Sentences - CORRECT ANSWERS-> Judge shall state whether sentences run concurrently or consecutively (defendant would get credit for time served) Rule 704 Procedure at Time of Sentencing - CORRECT ANSWERS-> 90 days, sentence in court case shall be imposed within 90 days of conviction Rule 526 Condition of Bail Bond - CORRECT ANSWERS-> In every case in which a defendant is released on bail, the conditions of the bail bond shall be that the defendant will:

• 1)-appear at all times required until full and final disposition of the case;
• 2)-obey all further orders of the bail authority;
• 3)-give written notice to the bail authority, the clerk of courts, the da, and the court bail agency or other designated court bail officer, of ANY CHANGE OF ADDRESS WITHIN 48 HOURS OF THE DATE OF THE CHANGE
• 4)-neither do, nor cause to be done, nor permit to be done on his or her behalf, any act proscribed by section 4952 intimidation of witness or victim, or by section 4953 retaliation against witness or victim, and
• 5)-REFRAIN FROM CRIMINAL ACTIVITY Person is in jail and has their preliminary arraignment, how many days until the person must have their preliminary hearing? - CORRECT ANSWERS-> 3 to 14 days Exigent Circumstances - CORRECT ANSWERS-> When there is an immediate threat to public safety or the risk that evidence will be destroyed, officers may search, arrest, or question suspects without obtaining a warrant or following other usual rules of criminal procedure Probable Cause - CORRECT ANSWERS-> Reasonable cause for issuing a search warrant or making an arrest; more than mere suspicion

Facts+circumstances that would lead a reasonable officer to believe that criminal activity is afoot Reasonable Suspicion - CORRECT ANSWERS-> Any information that points to illegal activity and may include rumor, tips, and anonymous telephone calls. This suspicion must be reasonable to a judge or jury looking at the encounter in hindsight. One must look to all the circumstances surrounding the encounter. > > The FACTS known by the officer are relevant here, as well as his or her OBSERVATIONS, and EXPERIENCE Miranda Warning formula - CORRECT ANSWERS-CUSTODY + Interrogation = MIRANDA How many days does an officer have to file a citation? - CORRECT ANSWERS- 5 days

Bail Bond - CORRECT ANSWERS-> A document guaranteeing the appearance of a defendant in court as required and recording the pledge of money or property to be paid to the court if he or she does not appear, which is signed by the person to be released and anyone else acting on his or her behalf Arraignment vs Preliminary Hearing - CORRECT ANSWERS-> Arraignment: notify defendant of the charges; no defense allowed

Preliminary Hearing: prima facie or evidence presented Nolo Contendere (no contest) - CORRECT ANSWERS-> A pleading of no contest by a defendant; a plea in a criminal action not admitting guilt but subjecting the defendant to punishment as though it were a guilty plea Rule 604 Opening & Closing Statements - CORRECT ANSWERS-> The opening & closing statements are both made by the Commonwealth Home field advantage What case law establish a pat down? - CORRECT ANSWERS-> Terry v Ohio Commonwealth v Gary - CORRECT ANSWERS-> 1.) Permitted search vehicles 2.) Established independent probable cause 3.) Evidence of Crime/contraband is located inside vehicle. Can search vehicle where stopped. Can remove vehicle and search w/n 3 days 4.) Can search occupants. 5.) Can search containers. Established Probable Cause to search car if you smell Marijuana, no need to get search warrant