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FINAL MPOETC EXAM
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 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
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 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
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
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 answersLeaving 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
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 answersAny 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
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:
- Issuing a citation to the defendant; or
- Filing a citation; or
- Filing a complaint; or
- 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
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)
