Download MPOETC Certification Test rated A.pdf and more Exams Nursing in PDF only on Docsity!
1st Amendment (1791) - correct answer ✅Freedom of speech, religion and press and the right to petition 2nd Amendment (1791) - correct answer ✅Right to bear arms 3rd Amendment (1791) - correct answer ✅The government may not house soldiers in private homes without consent of the owner 4th Amendment (1791) - correct answer ✅Freedom from unreasonable search and seizures 5th Amendment (1791) - correct answer ✅Double jeopardy, can't incriminate yourself, due process 6th Amendment (1791 - correct answer ✅The right to a speedy and public trial. The right to confront the accuser 7th Amendment (1791) - correct answer ✅Right to a trial by jury in civil cases 8th Amendment (1791) - correct answer ✅Prohibits excessive fines and excessive bail/and cruel unusual punishment 14th Amendment - correct answer ✅Can't deprive a citizen of life, liberty or property without due process Bill of Rights - correct answer ✅First 10 amendments to the Constitution
PA Constitution - correct answer ✅More restrictive than US Constitution Statutes - correct answer ✅Written laws made by legislatures civil rights violation - correct answer ✅Unlawful arrest, search and seizure without probable cause. Holding a prisoner beyond limitations When can officers enter another jurisdiction - correct answer ✅Hot pursuit, asked, mutual aid, official business and felony crimes case laws - correct answer ✅Written decision of appellate courts deciding actual cases Tort - correct answer ✅A violation of the civil law Probable cause - correct answer ✅Facts and circumstances that lead a reasonable person to believe a crime had been committed and the suspect committed the crime Three branches of government - correct answer ✅Legislative, Executive, Judicial What branch of government do police fall under? - correct answer ✅Executive PA Court System - correct answer ✅Common Pleas, Circuit, Supreme
Felony Crimes - correct answer ✅Murder, rape, kidnapping, arson, robbery, burglary, embezzlement, forgery, theft, and perjury Voluntary Manslaughter - correct answer ✅2503 - unlawful killing of a human being in sudden heat of passion upon sufficient legal provocation. Felony 2 Stalking - correct answer ✅2709 - Repeatedly following, harassing, or threatening an individual. M Kidnapping - correct answer ✅2901 - The unlawful removal or restraint of a person against his or her will. Rape - correct answer ✅3121 - Penetration however slight, forcible without consent. B Burglary - correct answer ✅3502 - Unlawful entry with intent to commit a crime. F Criminal Mischief - correct answer ✅Intentional or knowing damage or destruction of property. Police powers derive from - correct answer ✅Constitution, case law and statutory law Affiant - correct answer ✅Any responsible person capable of taking an oath affirming a criminal complaint
5 Types of bail - correct answer ✅ROR Non-Monetary Unsecured Nominal Monetary Venue - correct answer ✅Boundaries which a Court has jurisdiction and authority statute of limitations - correct answer ✅Summary - 30 Days Misdemeanor- 2 years Felony - 5 years Homicide - no limit Four Corners Rule - correct answer ✅No outside evidence may be used against somebody during a search warrant/investigation Search Warrants - correct answer ✅Executed within 48 hours Night Time Warrants - correct answer ✅2200- How long to file a citation - correct answer ✅Within 5 days How long to respond to a citation - correct answer ✅Within 10 days
Terry search of a car - correct answer ✅Search within arms reach unless it's locked, must have a warrant to search trunk Commonwealth v. Mimms - correct answer ✅Allowed to order passengers out of a vehicle and pat down for safety Commonwealth v. Brown - correct answer ✅Dying declaration 4 sources that govern police powers - correct answer ✅4th Amendment Article 1, Section 8 of PA Constitution Case Law PA rules of procedure Mapp v Ohio - correct answer ✅Exclusionary rule: prohibits the use of illegally obtained evidence in a criminal trial US v Leon - correct answer ✅Good faith exception: evidence won't be surprised if acted in good faith Nix v. Williams - correct answer ✅Inevitable discovery: prove illegally seized evidence would have been found sooner or later Katz v. US - correct answer ✅Expanded 4th amendment to include conversation, expectation of privacy
Illinois v Wardlow - correct answer ✅Mere presence in crime area isn't sufficient for terry stop Illinois v Gates - correct answer ✅Totality of circumstances test staleness - correct answer ✅Normally 7 days max, considered unreliable after 7 days. Who can issue warrants in cases of arrest? - correct answer ✅Issuing authority within judicial district Subject to seizure - correct answer ✅Fruits, instruments, contraband, other criminal evidence Reasonable knock and announce wait time - correct answer ✅2 announcements and 45 seconds Exceptions to search warrant - correct answer ✅Existent circumstances, plain view, cars, smell and feel Use of force amendments - correct answer ✅4, 8, 14 Golden Rule Test - correct answer ✅Use only force necessary to affect arrest, when suspect stops, so do you Tennessee v Garner - correct answer ✅Shooting of an unarmed,, nonviolent fleeing felony suspect violates the 4th Amendment
reasonable suspicion - correct answer ✅a suspicion based on specific facts; less than probable cause. Sufficient to believe criminal activity is occurring Force continuum - correct answer ✅1. Presence
- Verbal commands
- Hands/restraints
- Intermediate force (Taser, OC, baton)
- Deadly force Use of force section - correct answer ✅ 508 Felony 1st Degree - correct answer ✅No more than 20 years, $25,000 fine
- rape, arson, kidnapping, burglary Felony 2nd Degree - correct answer ✅No more than 10 years, $25,000 fine
- burglary with no occupants, DUI related homicide, statutory sexual assault Felony 3rd Degree - correct answer ✅No more than 7 years, $15,000 fine
- terroristic threats, carrying gun w/o permit Misdemeanor 1st Degree - correct answer ✅No more than 5 years, $10,000 fine
- prostitution, assault on official Misdemeanor 2nd Degree - correct answer ✅No more than 2 years, $5,000 fine
- bigamy, impersonating public servant Misdemeanor 3rd Degree - correct answer ✅No more than 1 year, $2,500 fine
- prowling, open lewdness Murder degrees - correct answer ✅1st - intentional 2nd - during act of felony crime 3rd - voluntary manslaughter (crime of passion) Criminal trespass - correct answer ✅Section 3503, no intent to commit a crime necessary Robbery - correct answer ✅3701 - Stealing by force or threatening of force. disorderly conduct - correct answer ✅5503 - Intentionally or recklessly causing public inconvenience (summary) M3 if they intend to cause serious inconvenience Purpose of title 18 - correct answer ✅Forbid or prevent conduct that harms people without justification Totality of Circumstances - correct answer ✅A court review of all factors known to the officer at the time of the incident
Commonwealth v Jefferson - correct 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 - correct answer ✅Crime Investigation Police file complaint Private complaint filed Summons Preliminary arraignment (set charges/bail) Preliminary hearing (Prima Facia) Formal arraignment (submit plea) Trial Sentencing Appeal Subpoena - correct answer ✅Court order requiring a person to testify in court Expressed consent - correct answer ✅Specifically unquestionable:
- Verbal
- Written Implied consent - correct answer ✅Consent implied by actions:
- raising of hands
- implied by gestures
Search warrant must include - correct answer ✅Time/date Description of place to be searched Description of what/who to be seized 9th Amendment - correct answer ✅Citizens entitled to rights not listed in the Constitution 10th Amendment - correct answer ✅Powers not given to federal government go to people and States 2 ways officers can be sued for - correct answer ✅Recklessly Maliciously What section is snow and ice dislodged or falling from moving vehicle? - correct answer ✅3720, fine $200-$1, Duties of a driver in an emergency response area section? - correct answer ✅3327, fine $ Simple assault - correct answer ✅2701, M2 unless underage then M1. Attempts or intentionally, knowingly, or recklessly causes bodily injury or fear of bodily injury aggravated assault - correct answer ✅2702, F Attempts to cause serious bodily injury, includes peace officers
Rules of criminal procedures title - correct answer ✅Title 234 Penalty section for drug offenses - correct answer ✅780- Generic fingerprinting - correct answer ✅DNA matching Commonwealth v Grey - correct answer ✅Nervous suspect doesn't not equal reasonable suspicion What rule does not apply to evidence in PA - correct answer ✅Good faith rule Theft - correct 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? - correct answer ✅Title 75 Vehicle code: licensing of drivers - correct answer ✅ 1500 Vehicle code: commercial driver - correct answer ✅ 1600
Vehicle code: classic vehicle - correct answer ✅15 years old Vehicle code: change of address in how many days - correct answer ✅Within 15 days Vehicle code: junior drivers license can't drive when - correct answer ✅Between 11p-5a Vehicle code: turn signal when - correct answer ✅Less than 35mph - 100 ft Over 35mph - 300ft Vehicle code: antique vehicle - correct answer ✅25 years old Vehicle code: gross weight - correct answer ✅Combined weight of vehicle or combination of vehicles Vehicle code: chapter for fees? - correct answer ✅ 1900 Vehicle code: registration chapter - correct answer ✅ 1300 Vehicle code: insurance chapter - correct answer ✅ 1700 12th Amendment - correct answer ✅separation of votes for President and Vice President
Carroll Doctrine - correct answer ✅Doctrine that allows legal search of a readily moving vehicle US v Jones - correct answer ✅Court found that police use of a GPS tracker constituted a 'search' and required a valid warrant Oliver v US - correct answer ✅No privacy in an open field under federal law Weeks v US - correct answer ✅Established exclusionary rule, evidence gotten without a warrant isn't admissable in a federal court
