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FINAL MPOETC EXAM
What statute allows citizens to use force? - Answer > 505 What statute allows law enforcement to use force? - Answer > 508 Statute of Limitations - Answer > Time you were made aware of charges What are the four types of culpability? - Answer > Intentionally > Knowingly > Recklessly > Negligently What is not a defense of culpability? (304) - Answer > Ignorance of the law > Voluntary intoxication/drugged What is a defense for culpability? - Answer > Duress > Insanity > Guilty but mentally ill > Involuntary intoxication What types of encounters does law enforcement have with the public? - Answer > Mere encounter > Investigatory detention > Custodial detention/arrest What type of proof do you need for an investigatory detention? - Answer > Reasonable suspicion What type of proof do you need for a custodial detention? - Answer > Probable Cause What are the three components of the Criminal Justice System? - Answer > Law enforcement > Courts > Corrections Level of Government - Answer > Local/municipal > County
> State > Federal Courts (court system) - Answer > 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) - Answer > Defendant is brought before a judge to hear charges & a bail decision Preliminary Hearing - Answer > 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 - Answer > 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) - Answer > Trial by jury > Trials have two primary stages:
- presentation of prosecution
- presentation of defense, if defendant elects to do so Bail - Answer > 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) - Answer > Their word they will appear in court is their bond PA is the only state in which the grand jury has what? - Answer > No authority to indict Pre-motion Trial - Answer > These motions may address the admissibility of evidence, or venue changes
> 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? - Answer > Request for a warrant Rule 519 - Answer > Decides if you will go to jail or not Schedule Date & Time of Preliminary Hearings - Answer > In jail (couldn't make bail): 3-14 days > Out of jail (could make bail): within 21 days What has no bail? - Answer > Life/death sentence > Murder > Capital crimes Prima Facie - Answer > Was there a crime committed > The victim is saying that it was committed > There is an actor who committed it Rule 600 - Answer > 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? - Answer > 120 days Four Sources of Law Governing Police Officers Power to Arrest - Answer > 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? - Answer > Probable cause 4 Corner Rule - Answer > If it's not in the affidavit it DOES NOT count Sources of Probable Cause - Answer > 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? - Answer > Privacy clause > Warrant clause Privacy Clause - Answer > 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 - Answer > 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 - Answer > 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 - Answer > Abandoned property is admissible evidence except where abandonment is coerced by lawful police action (Commonwealth v. Harris)
> Imprisoned no more than 90 days, no more than $300 fine M'Naghten Rule - Answer > Rule that determines whether a suspect's plea for criminally insane is accepted or not > a test for criminal insanity Deadly Force - Answer > Capable of causing death/serious bodily injury/permanent disfigurement Inchoate Crimes - Answer > Crimes that are committed before or in preparation for committing another crime Offenses - Answer > 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 - Answer > Rehabilitation Municipal Police Jurisdiction Act (MPJA) - Answer > "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 - Answer > Officer asked to assist by another local, state or federal law enforcement agency To charge a crime - Answer > 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 - Answer > Felony: 5 yrs
> Misdemeanor: 2 yrs > Summary Offense: 30 days How many people are needed for a criminal conspiracy? - Answer > 2 or more What case law established use of deadly force? - Answer > Tennessee v. Garner > Suspect ran, officers shot suspect while fleeing Which case law established the reasonable officer standard? - Answer > Graham v. Connor > Based on the same facts & circumstances, what would another officer most likely do in the same scenario Which offenses mandate arrest? - Answer > Meghans law violations > Domestic Violence Theft Offense - Answer > 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 - Answer > Must be you & two other people > You + two = riot Service Guide or Support Dog - Answer > 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 - Answer > First 10 amendments to the Constitution
- 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 - Answer > 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 - Answer > Robbery is theft by force and it is still robbery even if you don't get anything.) Example of Theft of Services - Answer Leaving before paying for a haircut would constitute theft of services. Retail Theft - Answer > 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? - Answer > 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? - Answer > 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 - Answer > 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 - Answer > 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 - Answer > More than 2 people (so 3 people or more) Disorderly Conduct Upgrade in Grading happens when? - Answer > 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 - Answer > YOU MUST BE IN PUBLIC. (Cannot be charged if you are in your own abode) Protected Class of People - Answer 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 - Answer > 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 - Answer > Receiving or buying property that is known or reasonably believed to be stolen. > THE GRADING IS SAME AS THEFT Ethnic Intimidation - Answer > You need a base crime in order to charge this.
Violations of the rules can lead to what? - Answer > Can lead to dismissal of criminal charges; while also creating civil liability & administrative disciplinary actions against officers Mapp v. Ohio - Answer > 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 - Answer > 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 - Answer > 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 - Answer > Physical Arrest > Preliminary Arraignment & Bail Hearing > Preliminary Hearing (Prima Facie) > Formal Arraignment > Court of Common Pleas (Criminal Court) Booking Center - Answer > A facility utilized for the processing and identification of individuals arrested, charged or accused of a crime (part of the booking process)
Affiant - Answer > The person who makes & subscribes his signature to an affidavit > This is typically the police officer but can also be a private citizen Arraignment - Answer > 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 - Answer > Jury selection process of questioning prospective jurors, to ascertain their qualifications and determine any basis for challenge. Indictment - Answer > A formal charge by a grand jury General Rule of Venue - Answer > 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 - Answer > 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 - Answer > An arrest warrant issued directly by the judge when an accused person fails to appear in court Affidavit - Answer > Document we are suing to put down what crime is being committed, the elements of the crime & evidence towards the crime 4 Corner Rule - Answer > What is written in the affidavit is considered, anything not on that document did not happen Rule 205 Contest of Search Warrant (pg.916) - Answer > 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? - Answer > Officer
Mere Encounter - Answer > 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) - Answer > 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 - Answer > Probable cause is needed, person is under arrest Court Case - Answer > 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 - Answer > 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) - Answer > 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 - Answer > 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 - Answer > 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 - Answer > 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 - Answer > 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 - Answer > 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 - Answer > A diligent search is required and must be documented every 30 DAYS to continue the WARRANT.
- 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 - Answer > Withdrawal shall be in writing Rule 584 Motion for Change of Venue - Answer > Change of venue due to publicity, looking for non-bias venue, impartial trial Rule 600 Prompt Trial - Answer > 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 - Answer > Vote must be unanimous, all jurors must agree > Guilty or Not Guilty must be decided on each charge separately Rule 705.1 Restitution - Answer > 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 - Answer > 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 - Answer > Judge shall state whether sentences run concurrently or consecutively (defendant would get credit for time served)
Rule 704 Procedure at Time of Sentencing - Answer > 90 days, sentence in court case shall be imposed within 90 days of conviction Rule 526 Condition of Bail Bond - Answer > 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? - Answer > 3 to 14 days Exigent Circumstances - Answer > 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 - Answer > 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 - Answer > 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 - Answer CUSTODY + Interrogation = MIRANDA How many days does an officer have to file a citation? - Answer > 5 days
