MPOETC EXAM #5 With 100% Correct And Verified Answers 2024, Exams of Advanced Education

Download MPOETC EXAM #5 With 100% Correct And Verified Answers 2024 and more Exams Advanced Education in PDF only on Docsity! MPOETC EXAM #5 With 100% Correct And Verified Answers 2024 Police Power to Search and Seize comes from: - Correct Answer-1.) U.S. Constitution the 4th Amendment 2.) Pennsylvania Constitution: Article 1 Section 8 3.) "Case Law", U.S. and PA Court Decisions 4.) "Statutory Law"-PA rules of Criminal Procedure General Rule: - Correct Answer-ALWAYS GET A SEARCH WARRANT Probable Cause - Correct Answer-Facts+Circumstances that would lead a reasonable person to believe that a crime is committed Existence of probable cause must be determined by viewing the totality of the circumstances presented in a non-techincal commonsense fashion. Courts must view the facts from the standpoint of an objectively reasonable police officer. *Best practice-define all Jargon or technical terms within the search warrant and affidavit* Exceptions to search warrant 5 Legal Concepts - Correct Answer-1.) EXIGENT CIRCUMSTANCES-the need for an officer to quickly react to emergency circumstances involving imminent danger to officers or others 2.) The need for an officer to quickly react to emergency circumstances involving imminent destruction or movement of evidence or contraband. (Destroying evidence constitutes grounds for a search) 3.) The need to catalog and protect citizens' property in Police Custody (Inventory from vehicle) 4.) The right of a citizen to voluntarily consent to a Police Search (you can waive your own rights) 5.) The reduced reasonable expectation of privacy in areas not protected by the 4th Amendment. (Can search Garbage or other abandoned property) Warrantless searches of constitutionally protected property must fall within one of these exceptions to be legal (may fall into one or more category) Privacy Clause - Correct Answer--states that people have the right to be secure (feel safe) in their persons (arrest), houses (home), papers, and effects from unreasonable searches and seizures. *Nothing in the 4th Amendment prohibits searches, it only prohibits UNREASONABLE searches* Warrant Clause - Correct Answer-Warrants must be: -Based on Probable Cause -Supported by Oath or Affirmation -Describe place to be searched, and -Describe person or item(s) to be seized -Probable Cause is the minimum legal proof necessary to justify the seizure of a person search incident to a lawful arrest - Correct Answer-A valid custodial arrest authorizes a complete search of the arrested person and the area within his IMMEDIATE CONTROL Immediate Control (Wingspan Search) - Correct Answer-On his person, what he carries and where he may logically reach for a weapon. Search is authorized to ensure: Officer safety, suspect safety and evidence that is not discarded or destroyed. (Chimel v. California) The trunk of a car is NOT in persons Immediate control. Arrests: - Correct Answer-Must be lawful and based on Probable Cause. Arrests cannot be a PRETEXT TO SEARCH Additional probable cause to search incident to arrest is NOT required An officer may use minimum force necessary to execute a search If person just DETAINED, NOT under arrest, then you CANNOT search them. May seize 5 categories of items in a search incident - Correct Answer-1.) Fruits of a crime (Money of crime/stolen wallet) 2.) Instruments of a Crime (Vacuum Sealed Bags) 3.) Contraband (drugs) 4.) Other evidence of a crime (clothing) 5.) Any item the suspect may use to hurt himself or others WHILE IN CUSTODY Can you re-search an individual? - Correct Answer-Any officer or prison guard transporting/guarding the suspect may re-search suspect and possessions. The second search may take place at any location.-Even after a substantial time elapse (10 hours) Someone can be searched as many times as you want incident to arrest. When suspect arrested at his vehicle.... - Correct Answer-The search is now limited to immediate area in the vehicle where a suspect may access a weapon Search of passenger compartment/containers prohibited when: - Correct Answer- Arrested suspect is out of his vehicle, secured and removed from area or vehicle Plain View Doctrine - Correct Answer-When Police Officers are LEGALLY ALLOWED to be in an area, and are LEGALLY ALLOWED to look in that area, then the items found are LEGALLY SEIZABLE. For Inventory Searches (when you would tow a vehicle and need to inventory what is in vehicle)... - Correct Answer-NOT ALLOWED to search for drugs, only inventory of individual's stuff to protect the department and yourself. Used to protect us and department. Catalog items, NOT designed to look for evidence. Not based on probable cause, only to safeguard property Example of Vehicle search: - Correct Answer-Person hops out of car with purse on their body you CANNOT search it, if they leave the purse in the car then you can search it. Same thing with a duffle bag in a house. Staleness (stale information): - Correct Answer-Probable cause must be found to exist at the time the search warrant is issued, a warrant cannot be issued upon stale information. Old information is not stale if it can be shown that criminal activity continued up to the and about the time that the warrant was issued or if activity was of a protracted/continuous nature. *48 hours that your info is considered fresh, after that it is stale* You can use old information on search warrant as long as there is fresh information with it. Drugs=Stale First Gun=Stale in the Middle Vehicle=Stale last (hard to dispose of) Arizona v. Gant - Correct Answer-The Supreme Court decided that a vehicular search incident to arrest is reasonable IF it is reasonable to believe that the vehicle contains evidence or the arrestee might access the vehicle at the time of the search. (if they are walking away from the car and not in its vicinity, you cant search it) Commonwealth v Gary - Correct Answer-Observed Gary driving tinted windows and then smelled marijuana. The officers removed Gary and put him in the car. Gary ran, officers tackled him and then searched his car. They found 2 pounds of Marijuana The smelling of Marijuana established probable cause to search the vehicle. What legal document is used to suppress evidence? - Correct Answer-Exclusionary Rule You pat someone down and feel a ball of crack... - Correct Answer-Inevitable discovery but has to be immediately apparent. Terry v. Ohio - Correct Answer-Police can search and seize if they have probable cause =Stop and Frisk 4th Amendment differences between PA and Supreme Court? - Correct Answer- Pennsylvania does not recognize GOOD FAITH. Who can serve a search warrant? - Correct Answer-ONLY law enforcement officers. (Police Officers) Rule of Thumb: - Correct Answer-You CANNOT "Verbally Swear" out a search warrant, must be WRITTEN probable cause. Mapp v Ohio - Correct Answer-Landmark case for illegal search and seizure. ESTABLISHED THE EXCLUSIONARY RULE for suppression of evidence, obtaining evidence illegally. good faith exception - Correct Answer-U.S. v Leon. US supreme court ruled that evidence will not be suppressed if the fact finder determines that the officer relied on a search warrant that he/she believed was valid when in fact it was not. The officer acted in good faith that the warrant was proper. This is an exception to the exclusionary rule. ****PA REJECTS THE GOOD FAITH EXCEPTION**** Fruits of the Poisonous Tree Doctrine - Correct Answer-Any evidence obtained because of illegal conduct will be suppressed, even if there is only a casual relationship between the act and the seizure of evidence. Fruits=Evidence obtained illegally (Illegal search warrant) Example: You knock and no one answers, I open door of the house and see Marijuana Plants and then proceed to get a search warrant to obtain evidence. Search is NO GOOD, evidence suppressed under the Fruits of the Poisonous Tree. Search Warrant.... - Correct Answer-=court order to search a specific property Must be executed within 48 HOURS (2 days) Sealed Search Warrant - Correct Answer-Issuing authority shall not make any search warrant and any affidavit available for public inspection until either the warrant has been executed or 48 hours after the warrant has been issued, whichever is sooner. Seal search warrants to protect witnesses/confidential informant For warrant: **60 DAYS, and then apply for an extension*** this extension is 30 days All Persons Present - Correct Answer-a search of all persons present warrant is NOT FAVORED. The warrant must establish some nexus between "all persons" and criminality Requirements for Search warrant Contents: - Correct Answer--Each search warrant shall be signed by the issuing authority and specify the time and date of issuance -Identify specifically the property to be seized -search warrant if defective when explanatory narrative does not describe as clearly as possible those items for which there are probable cause to search -Warrant must describe the person or place to be searched -Language such as "any other contraband or evidence related to the crime" violates the particularity requirement of the constitution Protective Sweeps - Correct Answer-Quick and limited search of premises incident to arrest. A protective sweep is a cursory visual inspection of those places in which a person might be hiding. -Conducted upon initial contact with suspect being arrested, for officer safety only If they ask you which one is not correct on exam: Not allowed to look for evidence or items used in a crime. Only look for people hiding/officer safety. Can't look in microwave/briefcase anticipatory search warrant - Correct Answer-May be issued where there is a fair probability that evidence of current or past criminal activity will be on the premises to be searched at a time in the future when the warrant will be executed, need probable cause Knock and Announce Rule - Correct Answer-Law enforcement officer must wait a reasonable period of time before forcibly entering the premises. Officer shall await a response for a reasonable period of time after the announcement, unless exigent circumstances require the officer's immediate forcible entry (flushing drugs) If officer not admitted after reasonable period, Officer may forcibly enter the premises and may use as much physical force to affect entry therein as necessary. Return of Search Warrant Document (Copy of warrant, Receipt for seized property) - Correct Answer-Police upon taking property pursuant to search warrant, shall leave with the person from which or from whose premises the property was taken, a copy of the warrant and affidavit, AND, a receipt for the property seized. ***Warrant+Affidavit must be left whether or not any property is seized. If no one is present: leave all documents in a Conspicuous LOCATION**** Consent - Correct Answer-Will be valid if it is VOLUNTARY and the person has FREE WILL. (Police cannot coerce or intimidate) Ask for consent, can ask for persons ID and they can consent or decline. They have the right to withdrawal consent at any time, unless you see something in plain view Trying to get consent from a person, do NOT bring 15 officers, threaten them, or surround them in any way. Pat Down= - Correct Answer-Reasonable Suspicion Never pat down for drugs, WEAPONS ONLY