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FINAL MPOETC EXAM ACTUAL UPDATE
What statute allows citizens to use force? - >>>> 505 What statute allows law enforcement to use force? - >>>> 508 Statute of Limitations - >>>> Time you were made aware of charges What are the four types of culpability? - >>>> Intentionally
Knowingly Recklessly Negligently What is not a defense of culpability? (304) - >>>> Ignorance of the law Voluntary intoxication/drugged What is a defense for culpability? - >>>> Duress Insanity Guilty but mentally ill Involuntary intoxication What types of encounters does law enforcement have with the public? - >>>> Mere encounter Investigatory detention Custodial detention/arrest
What type of proof do you need for an investigatory detention? - >>>> Reasonable suspicion What type of proof do you need for a custodial detention? - >>>> Probable Cause What are the three components of the Criminal Justice System? - >>>> Law enforcement
Courts Corrections Level of Government - >>>> Local/municipal County State Federal Courts (court system) - >>>> 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) - >>>> Defendant is brought before a judge to hear charges & a bail decision Preliminary Hearing - >>>> 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)
Ex. big buff male would get job) Reform Era - >>>> Narrowed police function to crime control/reactive, incident driven police service Ex. DARE program Community Era - >>>> 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 - >>>> Scanning Analysis Response Assessment Crime Triangle - >>>> Offender Place Target/victim Discretion - >>>> The right to choose what should be done in a particular situation; the quality of showing discernment or good judgement Summons - >>>> M-2 or lower Obey the summons No threat to self or others Warrant - >>>> 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? - >>>> Request for a warrant Rule 519 - >>>> Decides if you will go to jail or not Schedule Date & Time of Preliminary Hearings - >>>> In jail (couldn't make bail): 3-14 days Out of jail (could make bail): within 21 days What has no bail? - >>>> Life/death sentence Murder Capital crimes
Prima Facie - >>>> Was there a crime committed
The victim is saying that it was committed There is an actor who committed it Rule 600 - >>>> 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? - >>>> 120 days
- describe person or item(s) to be seized May seize 5 categories of items in a search incident to arrest - >>>> 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) 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) Forced (coerced) Abandonment - >>>> 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 - >>>> 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 - >>>> 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 - >>>> Flight
High Crime Area Officer's Experience Tips Anonymous Tips Combined, these justifications create justifications Grading - >>>> 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 - >>>> 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 - >>>> Any felony, or any misdemeanors in view of officer, based on grading or exception to laws of arrest when authorized by law Summary Offense - >>>> Not classified as a crime, but as an offense Imprisoned no more than 90 days, no more than $300 fine M'Naghten Rule - >>>> Rule that determines whether a suspect's plea for criminally insane is accepted or not a test for criminal insanity Deadly Force - >>>> Capable of causing death/serious bodily injury/permanent disfigurement Inchoate Crimes - >>>> Crimes that are committed before or in preparation for committing another crime
Summary Offense: 30 days How many people are needed for a criminal conspiracy? - >>>> 2 or more What case law established use of deadly force? - >>>> Tennessee v. Garner Suspect ran, officers shot suspect while fleeing Which case law established the reasonable officer standard? - >>>> Graham v. Connor Based on the same facts & circumstances, what would another officer most likely do in the same
scenario Which offenses mandate arrest? - >>>> Meghans law violations
Domestic Violence Theft Offense - >>>> 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 - >>>> Must be you & two other people You + two = riot
Service Guide or Support Dog - >>>> 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 - >>>> First 10 amendments to the Constitution Article 1 Section 6 - >>>> Provides that the right to trial by jury applies both to the commonwealth & the accused Article 1 Section 8 - >>>> 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 - >>>> 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 - >>>> 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 - >>>> Provides that excessive bail shall not be allowed, nor excessive fines imposed Article 1 Section 15 - >>>> Eliminates the creation of special tribunals or commissions to try certain types of crimes Article 1 Section 17 - >>>> 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
Retail Theft - >>>> 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? - >>>> 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? - >>>> 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 - >>>> 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 - >>>> 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 - >>>> More than 2 people (so 3 people or more) Disorderly Conduct Upgrade in Grading happens when? - >>>> 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 - >>>> YOU MUST BE IN PUBLIC. (Cannot be charged if you are in your own abode) Protected Class of People - >>>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 - >>>> 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 - >>>> Receiving or buying property that is known or reasonably believed to be stolen. THE GRADING IS SAME AS THEFT Ethnic Intimidation - >>>> You need a base crime in order to charge this. Can be charged with arson, criminal mischief, property destruction Propulsion of Missiles - >>>> Throwing beer cans onto overpass Simple Assault vs Aggravated Assault - >>>> Simple: Bodily injury
Violations of the rules can lead to what? - >>>> Can lead to dismissal of criminal charges; while also creating civil liability & administrative disciplinary actions against officers Mapp v. Ohio - >>>> 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 - >>>> 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 - >>>> 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 - >>>> Physical Arrest Preliminary Arraignment & Bail Hearing Preliminary Hearing (Prima Facie) Formal Arraignment Court of Common Pleas (Criminal Court)
Booking Center - >>>> A facility utilized for the processing and identification of individuals arrested, charged or accused of a crime (part of the booking process) Affiant - >>>> The person who makes & subscribes his signature to an affidavit
This is typically the police officer but can also be a private citizen 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 Voir Dire - >>>> Jury selection process of questioning prospective jurors, to ascertain their qualifications and determine any basis for challenge. Indictment - >>>> A formal charge by a grand jury General Rule of Venue - >>>> 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 - >>>> 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 - >>>> An arrest warrant issued directly by the judge when an accused person fails to appear in court Affidavit - >>>> Document we are suing to put down what crime is being committed, the elements of the crime & evidence towards the crime
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 - >>>> Mere Encounter Investigatory Detention Custody/Arrest Mere Encounter - >>>> 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) - >>>> 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 - >>>> Probable cause is needed, person is under arrest Court Case - >>>> 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 - >>>> 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) - >>>> 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 - >>>> 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 - >>>> 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 - >>>> The date set for the preliminary hearing shall be NOT LESS THAN 20 days from the date of mailing the summons
