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MPOETC Certificate Review 2022
Containing 339 Questions and Answers/
Update 2024-2025.
Police powers require what 3 things? (Foley v. Connelie) - Answer: 1. Discretion
- Fairness
- Within the law What are the 4 consequences of unlawful searches or seizures? - Answer: 1. Suppression of evidence
- Police discipline
- Civil lawsuits
- Criminal prosecution
What are the sources of legal authority that define police's power to search and seize? - Answer: -US Constitution -PA Constitution -Case law -Statutes -Rules of Crim Pro What does the 4th Amendment state? - Answer: The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated, and no warrant shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the person or thing to be seized. What 4 areas are protected under the 4th amendment? - Answer: 1. Persons
- Houses
- Papers
- Effects "Persons" protected under the 4th amendment are also covered in what other areas? - Answer: -clothes worn -bags held -hair -breath -saliva
"EFFECTS" are not covered in what areas? - Answer: -Open fields -Name and address from bank records -Shared workspace -Package addressed to third party and not an alias What 4 things have no reasonable expectation of privacy? - Answer: 1. Abandoned property
- Publicly expose
- Ariel view of home
- Observations with flashlights What does the attachment of a GPS device to a vehicle do? - Answer: Constitutes a search under the 4th amendment (US v Jones) What is the exclusionary rule? - Answer: All evidence found in violation of a Defendents 4th amendment right must be suppressed at the defendant's trial. Also known as the "fruit of the poisonous tree." (Mapp v Ohio) What are the 4 exceptions to the exclusionary rule? - Answer: 1. Good faith (not in PA)
- Inevitable discovery
- Independent source doctrine
- Attenuation - if connection between misconduct and evidence attainment is loosely connected
When is suppression not an issue? - Answer: At a preliminary hearing What is probable cause? - Answer: Facts and circumstances which would lead a reasonable person to believe a crime has been committed and that the person to be arrested committed that crime Witness values - Answer: 1. Eyewitnesses
- Reliable CI
- Confidential source
- Anonymous source Mere encounter - Answer: -No suspicion -not a seizure under 4th amendment -reasonable person feels free to leave -no requirement to speak to police or give ID Investigative Detention - Answer: -Based on a reasonable suspicion that criminal activity is afoot -"terry Stop" -it is considered a seizure -Reasonable suspicion can't be based on conclusionary assertion How long can we detain someone? - Answer: only long enough to verify or dispel suspicion of criminal activity.
What are police allowed to do in a search incident to arrest? - Answer: 1. search as many times as necessary
- multiple officers can search
- multiple locations are allowed
- clothes and shoes
- bags
- wallets
- over 10 hours is permissible What is a wingspan search? - Answer: police may search any area withing the "wingspan" of a person to make sure there are no weapons or dangerous materials which the arrested person could use to hurt the police. What limitations do we have when searching a person? - Answer: 1. Cell phones
- Strip searches Consent search requires what 4 elements? - Answer: 1. Authority to give consent
- Knowing and intelligent
- Scope
- Execute lawfully Who has the authority to give consent to search? - Answer: Permission can only be given by someone with an interest in the property. To include:
- Joint ownership
- Common authority
- Temporary control
- Apparent authority Joint ownership requirements - Answer: -any owner can give consent -husband/wife/paramours/co-owners -each has the right to withdraw consent given by another -each owner can give temporary interest in the property to another Common Authority requirements - Answer: -any member can give consent to law enforcement to search areas that are jointly under their control -For areas that are exclusively under the control of a household member, consent must be given by that person how are parent and a minor consent searches done? - Answer: If child is under age 18, parents have the power to give consent over the child's property. However, if parent has given exclusive rights to the child, then consent must be obtained from the child. Cars and house guests consent to search - Answer: Cars- owner, driver, passenger House guests- areas reasonably under common acces to guest Landlord and tenant consent to search - Answer: Landlord cannot give consent to search an apartment. Must be obtained by renter or someone with common interest. Anyone with interest in areas under common authority can give consent.
What is the scope of consent? - Answer: -Defined areas to search or not be searched -Reasonable understanding of what was said by person giving consent -A person giving consent can limit the police search locations and circumstances -Person can stop police searching whenever they wish In terms of scope of consent, how do locations to search apply? - Answer: Police may only search in locations where they may reasonably find what they said they were looking for Consent during a traffic stop - Answer: If it is only a motor vehicle violation, consent can only be obtained after the traffic stop has been completed. When can consent not be given? - Answer: During an unlawful detention Plain view exceptions - Answer: 1. lawfully at the location
- Immediately apparent -that it is evidence of a crime
- Lawful access Plain feel exception - Answer: Happens during a terry frisk where the officer feels an object that is immediately apparent to be evidence of a crime. For police to enter a home to make an arrest on an arrest warrant what must they have? - Answer: 1. A valid arrest warrant AND
- A search warrant for the home (3rd party)
- exigent circumstances What are the grounds for warrantless arrests in homes? - Answer: -gravity of the offense -belief suspect is armed -strong belief suspect in premises -likelihood suspect will escape if not -entry was peaceable and time of arrest What does a protective sweep entail? - Answer: 1. Police may search the home for arrestee and all areas where they may be hiding
- Police may search room where arrestee is found to make sure there are no others
- If reasonable police may search other areas for other persons Plain view exception in a home - Answer: If police are lawfully in a home looking for others, anything observed is subject to plain view seizure Exigent circumstances: Imminent threat - Answer: -Warrantless search is allowed -when police find that there is an imminent threat of serious physical harm to police or others -imminent threat that evidence will be destroyed or removed What is hot pursuit? - Answer: Police may pursue a fleeing suspect into a house:
What particulars must be listed in a SW? - Answer: 1. Items- describe everything you want to find and supported by probable cause
- Place- Premises, person, location Affidavit of probable cause must include what? - Answer: 1. Who- you are
- What- particularly describe evidence
- Where- you want to search
- Why- tell the story
- When- Est. PC that evidence is at this location at this time (PC goes stale) What is the amount of time officers should wait when knocking before entry? - Answer: A reasonable amount of time (45 seconds) Knock and Announce warrant requirements - Answer: "POLICE, SEARCH WARRANT" why would police conduct a no knock warrant? - Answer: 1. threats of violence to officers
- threats of violence to occupants
- Reason to believe evidence will be destroyed What did Katz v. US establish? - Answer: the reasonable expectation of privacy (REP) standard
K-9 sniff of a car - Answer: Cops need PC to get a dog to do a search -any hits give cops PC for a SW k-9 sniff of a person - Answer: Must have PC What is least likely to be considered curtilege? - Answer: Open fields PA Court Structure - Answer: 1.Supreme Court 2.Superior court/Commonwealth court 3.Common Pleas Court 4.MDJ/Phila MC/Phila TC/Pitt MC Rules and powers governing police powers come from what 4 places... - Answer:
- Constitutional law
- Statutes
- Pa rules of criminal procedure
- Caselaw What are the 2 types of cases? - Answer: 1. Summary cases
- Court cases Compared to summary cases, court cases are comprised of what 2 possible grades of offenses? - Answer: Misdemeanors or Felonies What are the 2 types of districts? - Answer: 1. Judicial Districts
What 4 ways can we initiate a summary case? - Answer: 1. Issue to defendant
- File
- File Complaint
- Arrest w/o a warrant If you file a summary where does it go? - Answer: MDJ How long does a defendant have to respond to a citation? - Answer: 10 days If we issue a citation how long do you as the officer have to file? - Answer: 5 days When do we get an arrest warrant? - Answer: 1. Citation/summons undelivered
- Believe he or she won't obey summons What defines a caselaw defect? - Answer: Must be more than a clerical error or typo Define exigent circumstances in regards to executing a warrantless arrest - Answer: Emergency situation that requires swift action to prevent imminent danger to life, escape of suspect, or destruction of evidence What are some summary offenses under title 18? - Answer: -Disorderly conduct -Public drunkenness -Obstructing highways
-Purchase/consumption of alcohol by a minor If you arrest without a warrant what must you do next if you choose to release them? - Answer: Issue the citation and proceed accordingly Why would you arrest without a warrant and not release? What do you do then? - Answer: 1. They are a flight risk/danger 2.Take to MDJ w/o unnecessary delay and file the citation Summary trial - Answer: -MDJ determines guilt (no jury) -If not guilty, we cannot refile -If Guilty, defendant can appeal within 30 days. A summary appeal the trial goes where and what kind of trial is it? - Answer: The court of common pleas and a Trial De Novo (new trial- we start all over again) What is the general statute of limitations? - Answer: 2 years statute of limitations on major offenses? - Answer: 5 years Statute of limitations for Major Sexual Offenses? - Answer: 12 years What offenses have no statute of limitations? - Answer: -Murder -Voluntary Manslaughter -Conspiracy to commit murder
A summons is for what type of charges? - Answer: M2 or M1 DUI What is a summons? - Answer: an official document requiring an appearance in court on a specific date and time What are the procedures AFTER a complaint is filed? - Answer: Either issue a warrant or a summons An arrest warrant is for what charges? - Answer: Felonies and Murder Steps of an arrest warrant - Answer: 1. Execute warrant (due diligence)
- Prelim arraignment
- Bail set
- Prelim hearing You need one of these 3 things to arrest w/o a warrant - Answer: 1. Felonies or misdemeanors committed in your presence with PC
- Felony with PC
- Misdemeanor with PC and its authorized by statute Statutes that you can arrest for without a warrant - Answer: -theft -Domestic violence -DUI's -Breaches of peace -Failure to register- Megan's law
What happens at a preliminary arraignment? - Answer: -Inform defendant of charges -Advise them of their rights -Set bail -Schedule preliminary hearing date (3-10 days after arrest) 2 purposes of Bail - Answer: 1. Not to punish
- To ensure appearance at court Types of Bail - Answer: -ROR -Unsecured -Nonmonetary conditions- EM, D+A, No contact -Nominal Bail -Monetary conditions-cash, bonds, bail bond -No title bail Conditions of Bail - Answer: -Appear in court -Obey orders of bail authority -Written notice of address change within 48 hrs -No V/W intimidation -No criminal activity Timeline for Preliminary hearings - Answer: 3-10 days after prelim arraignment -No later than 14 days if in jail, 21 days if not in jail
