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MPOETC ACT 120 Final Test Containing 260 Terms with Definitive Solutions 2024-2025. Terms like: 1st Amendment (1791) - Answer: Freedom of Religion, Speech, Press, Assembly, and Petition
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1st Amendment (1791) - Answer: Freedom of Religion, Speech, Press, Assembly, and Petition 2nd Amendment - Answer: Right to bear arms 3rd Amendment (1791) - Answer: Soldiers can't quarter in any house, without the consent of the Owner 4th Amendment (1791) - Answer: Protection against Unreasonable Search and Seizure
5th Amendment (1791) - Answer: The Right to Remain Silent/Double Jeopardy, right to due process 6th Amendment (1791) - Answer: The right to a Speedy Trial by jury, representation by an attorney for an accused person 7th Amendment - Answer: Right to a trial by jury in civil cases 8th Amendment (1791) - Answer: Prohibits excessive fines and excessive bail/and cruel unusual punishment 9th Amendment (1791) - Answer: Citizens entitled to rights not listed in the Constitution 10th Amendment (1791) - Answer: Powers not given to federal government go to people and States 12th Amendment (1804) - Answer: separation of votes for President and Vice President 14th Amendment (1868) - Answer: citizenship, due process, equal protection Bill or Rights - Answer: First 10 amendments to the Constitution
US Court System - Answer: district, circuit, supreme Grading of crimes - Answer: felonies, misdemeanors, and summaries State of Mind (mens rea) - Answer: Recklessly, intentionally, willingly, knowingly Where are statues of limitations found - Answer: Title 42, section 5552. Judiciary code Codification - Answer: The act or process of rendering laws in written form 2 elements of a crime - Answer: Physical act of crime (Actus Reus), Mental intend to do so (Mens Rea) Instrument of a crime - Answer: Any instrument that is intended to be used to commit a crime 1st degree murder - Answer: 2502 - killing that is premeditated, deliberate and done with malice Felony Crimes - Answer: Murder, rape, kidnapping, arson, robbery, burglary, embezzlement, forgery, theft, and perjury Voluntary Manslaughter - Answer: 2503 - unlawful killing of a human being in sudden heat of passion upon sufficient legal provocation. Felony 2
Stalking - Answer: 2709 - repeatedly following, harassing, or threatening an individual. Misdemeanor 1 kidnapping - Answer: 2901 - the unlawful removal or restraint of a person against his or her will Rape - Answer: 3121 - the penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim burglary - Answer: 3502 - the unlawful entry of a structure to commit a felony or theft. Felony 1 Criminal Mischief - Answer: the intentional or knowing damage or destruction of the tangible property of another Police powers derive from - Answer: Constitution, case law and statutory law Affient - Answer: Any responsible person capable of taking an oath affirming criminal complaint 5 Types of bail - Answer: Non-monetary, unsecured, nominal, monetary, release of recognizance (ROR)
Determine legality of an arrest - Answer: Totality of the circumstances, reasonable person test Mere encounter - Answer: Exchange of information between officer and civilian, no level of suspicion required, civilian free to leave at anytime Investigatory Detention - Answer: Need reasonable suspicion supported by articulated facts. Reasonable time is 20-30 minutes Custodial Detention - Answer: Probable cause is needed, person is under arrest Terry search of a car - Answer: Search anywhere in arms reach unless locked, must have a warrant to search locked glove box, etc Commonwealth v. Mimms - Answer: Allowed to order passengers out of a vehicle and pat down for safety Commonwealth v. Brown - Answer: Dying declaration 4 sources that govern police powers - Answer: 4th Amendment, article 1 section 8 of PA constitution, case law, PA rules of procedure Mapp v. Ohio - Answer: Established the exclusionary rule was applicable to the states (evidence seized illegally cannot be used in court)
US v. Leon - Answer: good faith exception to the exclusionary rule Nix v. Williams - Answer: inevitable discovery exemption - evidence that was illegally seized may be used in court if it can be shown that it would have inevitably been discovered Katz v. US - Answer: reasonable expectation of privacy Illinois v. Wardlow - Answer: Mere presence in crime area isn't sufficient for terry stop Illinois v. Gates - Answer: totality of the circumstances test, taken piecemeal, the evidence may not amount to probable cause, but if taken together as a whole the evidence achieves that level, the legal standard of proof for the search has been met staleness - Answer: Normally 7 days max, considered unreliable after 7 days. Who can issue warrants in cases of arrest? - Answer: Issuing authority within judicial district Subject to seizure - Answer: Fruits, instruments, contraband, other criminal evidence
When to use deadly force - Answer: Armed, fleeing a crime where deadly force was used or threatened, immediate arrest is necessary to prevent suspect from escaping. Commonwealth v Mocoliocco - Answer: Ethnic intimidation/possession of instruments of a crime Georgia v. Randolph - Answer: Without a warrant police have no constitutional right to search a house Process of a crime scene - Answer: - Secure
reasonable expectation of privacy - Answer: Self, in Home/business, I'm curtilage, public place where privacy is implied field sobriety test - Answer: No law requires test, merely adds evidence against defendant CLEAN system - Answer: Vehicle information and drivers information 5 categories of controlled substances - Answer: Cannabis Narcotics Stimulants Depressants Hallucinogens Exigent Circumstances - Answer: Hot pursuit, armed and dangerous, violent crime in progress, in need of immediate police/medical attention Commonwealth v Jefferson - Answer: Presence in high crime area and a subjects flight upon observing police probably means criminal activity is afoot. Terry stop permitted PA Criminal Procedure - Answer: -Crime Committed -Police Investigate -Police File Complaint -Private Complaint Filed
-Summons (Court order requiring a person to appear to respond to criminal charges) or Arrest Warrant will be Issued -Preliminary Arraignment (reading of charges and set bail) -Preliminary Hearing (determine prime facie and whether there is enough evidence to go to trial) -Formal Arraignment (final listing of charges, defendant submits guilty or not guilty) -Trial -Sentencing -Defendant has the right to Appeal subpoena - Answer: a court order requiring appearance and/or testimony expressed consent - Answer: Specifically unquestionable:
Terry v. Ohio - Answer: stop and frisk Miranda v. Arizona - Answer: The accused must be notified of their rights before being questioned by the police What agency investigates civil rights violations - Answer: FBI stare decisis - Answer: Case law or precedent 3 Incohate Offenses - Answer: Solicitation Conspiracy Attempt Rules of criminal procedures title - Answer: Title 234 Penalty section for drug offenses - Answer: 780- Generic fingerprinting - Answer: DNA matching Commonwealth v Gray - Answer: Nervous suspect does not equal reasonable suspicion What rule does not apply to evidence in PA - Answer: Good faith rule
Theft - Answer: 3900 - F3 if over $2,000 or a vehicle F2 - if $100,000 - $500, F1 - if a firearm is stolen or over $500, M3 - if $50 - $ PA VEHICLE CODE - Answer: Title 75 Licensing of drivers - Answer: 1500 Commercial Driver - Answer: 1600 Classic vehicle - Answer: 15 years old Change of address in how many days - Answer: 15 days Junior drivers license can't drive when - Answer: 11pm - 5pm Turn signal when - Answer: Less than 35mph - 100 foot More than 35mph - 300 foot Antique vehicle - Answer: 25 years old gross weight - Answer: The combined weight of a vehicle or combination of vehicles and its load excluding the drivers weight
Search incident to arrest - Answer: A warrantless search of a person and the area around that person, conducted shortly after the person is arrested. Carol Doctrine - Answer: If police have valid reason car contains evidence they are seeking. US v. Jones - Answer: Court found that police use of a GPS tracker constituted a 'search' and required a valid warrant The people who handle and transfer evidence - Answer: Chain of custody First on crime scene what do you do? - Answer: Take names of witnesses and call later Testimonial defense does what - Answer: Ties the defendant to the crime Real evidence can be produced in court, also known as what? - Answer: physical evidence You find a gun what type of evidence? - Answer: direct Reasonable time for investigatory detention - Answer: 20-30 minutes
What do you do if you arrest someone and they are injured - Answer: Secure them and get them medical help Someone is staying in a hotel and forced entry is made and they get raped, what can you charge? - Answer: Burglary and rape What is a good way to prepare for court - Answer: field notes What should you do if you write the wrong address of someone in your field notes
