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MPOETC Certification Exam: 202 6 Actual Questions and Answers, Exams of Traffic Control and Regulation 1st Amendment (1791) - ANSWERFreedom of speech, religion and press and the right to petition 2nd Amendment (1791) - ANSWERRight to bear arms 3rd Amendment (1791) - ANSWERThe government may not house soldiers in private homes without consent of the owner 4th Amendment (1791) - ANSWERFreedom from unreasonable search and seizures 5th Amendment (1791) - ANSWERDouble jeopardy, can't incriminate yourself, due process 6th Amendment (1791 - ANSWERThe right to a speedy and public trial. The right to confront the accuser 7th Amendment (1791) - ANSWERRight to a trial by jury in civil cases 8th Amendment (1791) - ANSWERProhibits excessive fines and excessive bail/and cruel unusual punishment
14th Amendment - ANSWERCan't deprive a citizen of life, liberty or property without due process Bill of Rights - ANSWERFirst 10 amendments to the Constitution PA Constitution - ANSWERMore restrictive than US Constitution Statutes - ANSWERWritten laws made by legislatures civil rights violation - ANSWERUnlawful arrest, search and seizure without probable cause. Holding a prisoner beyond limitations When can officers enter another jurisdiction - ANSWERHot pursuit, asked, mutual aid, official business and felony crimes case laws - ANSWERWritten decision of appellate courts deciding actual cases Tort - ANSWERA violation of the civil law Probable cause - ANSWERFacts and circumstances that lead a reasonable person to believe a crime had been committed and the suspect committed the crime Three branches of government - ANSWERLegislative, Executive, Judicial
1st degree murder - ANSWER 2502 - killing that is premeditated, deliberate and done with malice Felony Crimes - ANSWERMurder, 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. M Kidnapping - ANSWER 2901 - The unlawful removal or restraint of a person against his or her will. Rape - ANSWER 3121 - Penetration however slight, forcible without consent. B Burglary - ANSWER 3502 - Unlawful entry with intent to commit a crime. F Criminal Mischief - ANSWERIntentional or knowing damage or destruction of property. Police powers derive from - ANSWERConstitution, case law and statutory law Affiant - ANSWERAny responsible person capable of taking an oath affirming a criminal complaint
5 Types of bail - ANSWERROR Non-Monetary Unsecured Nominal Monetary Venue - ANSWERBoundaries which a Court has jurisdiction and authority statute of limitations - ANSWERSummary - 30 Days Misdemeanor- 2 years Felony - 5 years Homicide - no limit Four Corners Rule - ANSWERNo outside evidence may be used against somebody during a search warrant/investigation Search Warrants - ANSWERExecuted within 48 hours Night Time Warrants - ANSWER 2200 - 0600 How long to file a citation - ANSWERWithin 5 days How long to respond to a citation - ANSWERWithin 10 days
Terry search of a car - ANSWERSearch within arms reach unless it's locked, must have a warrant to search trunk Commonwealth v. Mimms - ANSWERAllowed to order passengers out of a vehicle and pat down for safety Commonwealth v. Brown - ANSWERDying declaration 4 sources that govern police powers - ANSWER4th Amendment Article 1, Section 8 of PA Constitution Case Law PA rules of procedure Mapp v Ohio - ANSWERExclusionary rule: prohibits the use of illegally obtained evidence in a criminal trial US v Leon - ANSWERGood faith exception: evidence won't be surprised if acted in good faith Nix v. Williams - ANSWERInevitable discovery: prove illegally seized evidence would have been found sooner or later Katz v. US - ANSWERExpanded 4th amendment to include conversation, expectation of privacy Illinois v Wardlow - ANSWERMere presence in crime area isn't sufficient for terry stop
Illinois v Gates - ANSWERTotality of circumstances test staleness - ANSWERNormally 7 days max, considered unreliable after 7 days. Who can issue warrants in cases of arrest? - ANSWERIssuing authority within judicial district Subject to seizure - ANSWERFruits, instruments, contraband, other criminal evidence Reasonable knock and announce wait time - ANSWER2 announcements and 45 seconds Exceptions to search warrant - ANSWERExistent circumstances, plain view, cars, smell and feel Use of force amendments - ANSWER4, 8, 14 Golden Rule Test - ANSWERUse only force necessary to affect arrest, when suspect stops, so do you Tennessee v Garner - ANSWERShooting of an unarmed,, nonviolent fleeing felony suspect violates the 4th Amendment Graham v Connor - ANSWERReasonableness of use of force judged from viewpoint of another officer on scene
- Verbal commands
- Hands/restraints
- Intermediate force (Taser, OC, baton)
- Deadly force Use of force section - ANSWER 508 Felony 1st Degree - ANSWERNo more than 20 years, $25,000 fine
- rape, arson, kidnapping, burglary Felony 2nd Degree - ANSWERNo more than 10 years, $25,000 fine
- burglary with no occupants, DUI related homicide, statutory sexual assault Felony 3rd Degree - ANSWERNo more than 7 years, $15,000 fine
- terroristic threats, carrying gun w/o permit Misdemeanor 1st Degree - ANSWERNo more than 5 years, $10,000 fine
- prostitution, assault on official Misdemeanor 2nd Degree - ANSWERNo more than 2 years, $5,000 fine
- bigamy, impersonating public servant Misdemeanor 3rd Degree - ANSWERNo more than 1 year, $2,500 fine
- prowling, open lewdness
Murder degrees - ANSWER1st - intentional 2nd - during act of felony crime 3rd - voluntary manslaughter (crime of passion) Criminal trespass - ANSWERSection 3503, no intent to commit a crime necessary Robbery - ANSWER 3701 - Stealing by force or threatening of force. disorderly conduct - ANSWER 5503 - Intentionally or recklessly causing public inconvenience (summary) M3 if they intend to cause serious inconvenience Purpose of title 18 - ANSWERForbid or prevent conduct that harms people without justification Totality of Circumstances - ANSWERA court review of all factors known to the officer at the time of the incident Types of Warrants (6) - ANSWERBody warrant Warrant for fine and cost Duplicate warrant Re-issue warrant John Doe warrant
Private complaint filed Summons Preliminary arraignment (set charges/bail) Preliminary hearing (Prima Facia) Formal arraignment (submit plea) Trial Sentencing Appeal Subpoena - ANSWERCourt order requiring a person to testify in court Expressed consent - ANSWERSpecifically unquestionable:
- Verbal
- Written Implied consent - ANSWERConsent implied by actions:
- raising of hands
- implied by gestures Search warrant must include - ANSWERTime/date Description of place to be searched Description of what/who to be seized 9th Amendment - ANSWERCitizens entitled to rights not listed in the Constitution
10th Amendment - ANSWERPowers not given to federal government go to people and States 2 ways officers can be sued for - ANSWERRecklessly Maliciously What section is snow and ice dislodged or falling from moving vehicle? - ANSWER3720, fine $200-$1, Duties of a driver in an emergency response area section? - ANSWER3327, fine $ Simple assault - ANSWER2701, M2 unless underage then M1. Attempts or intentionally, knowingly, or recklessly causes bodily injury or fear of bodily injury aggravated assault - ANSWER2702, F Attempts to cause serious bodily injury, includes peace officers Terrorism - ANSWER 2717 - Intimidate or coerce a civilian population, F unless mass destruction then F Luring section - ANSWER 2910 - M1, if under 13 then F
Commonwealth v Grey - ANSWERNervous suspect doesn't not equal reasonable suspicion What rule does not apply to evidence in PA - ANSWERGood faith rule Theft - ANSWER 3900 F3 - over $2,000 or vehicle/airplane/vessel F2 - $100,000-$500, F1 - of firearm is stolen, over $500, M3 - $50-$ PA vehicle code title? - ANSWERTitle 75 Vehicle code: licensing of drivers - ANSWER 1500 Vehicle code: commercial driver - ANSWER 1600 Vehicle code: classic vehicle - ANSWER15 years old Vehicle code: change of address in how many days - ANSWERWithin 15 days Vehicle code: junior drivers license can't drive when - ANSWERBetween 11p- 5a
Vehicle code: turn signal when - ANSWERLess than 35mph - 100 ft Over 35mph - 300ft Vehicle code: antique vehicle - ANSWER25 years old Vehicle code: gross weight - ANSWERCombined weight of vehicle or combination of vehicles Vehicle code: chapter for fees? - ANSWER 1900 Vehicle code: registration chapter - ANSWER 1300 Vehicle code: insurance chapter - ANSWER 1700 12th Amendment - ANSWERseparation of votes for President and Vice President 5 levels of certainty - ANSWERBeyond a reasonable doubt Probable cause Preponderance of evidence Reasonable articulable suspicion (RAS) Mere officer suspicious 3 acts during probable cause - ANSWERArrest Search/Seizure warrant
Weeks v US - ANSWEREstablished exclusionary rule, evidence gotten without a warrant isn't admissable in a federal court
