MPOETC Study guide-Comprehensive Questions with Answers 100% Correct, Exams of Nursing

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MPOETC Study guide-Comprehensive

Questions with Answers 100% Correct

American law enforcement system follows ________ model. - Correct Answers English Constable - Correct Answers early official, supervised weapons and community equipment Sheriff - Correct Answers county's law enforcement officer (no power to arrest in PA) Discretion - Correct Answers ability to choose between alternatives The mere presence of a p/o is ________ power. - Correct Answers coercive Social contract - Correct Answers An agreement between the people and their government signifying their consent to be governed; certain rights are given up for state protection Police power - Correct Answers derived from the constitutional authority of the government; do NOT confuse with power watch system - Correct Answers night watchmen signaled each other for help Alternatives to arrest - Correct Answers 1. youth aid panel

2. drug court
3. ARD Trends in LE - Correct Answers 1. Computer Tech
4. Fingerprint Tech
5. Less lethal tech
6. Surveillance tech
7. Photographic tech

6. Modern forensics (DNA, biometrics, videotaping, databases) Father of modern policing - Correct Answers Sir Robert Peel Peel Principles 1 - Correct Answers Ability of police to perform their duties depends upon public approval Peel Principle 2 - Correct Answers Police must secure willingness to cooperate Peel Principle 3 - Correct Answers The degree of public cooperation diminishes proportionally to the necessity of use of physical force Peel Principle 4 - Correct Answers Police seeks/preserves public favor by NOT catering to public opinion, but by demonstrating constant and impartial service to the law Peel Principal 5 - Correct Answers Use physical force to the extent necessary to observe the law only when persuasion/advice/warning are insufficient Peel Principal 6 - Correct Answers Police are the public and public is the police Peel Principal 7 - Correct Answers Direct actions toward their functions and never assume power of a judiciary Peel principal 8 - Correct Answers Test of police efficiency is the absence of crime and disorder, not visible police actions. Peel Principal 9 - Correct Answers The ability of police to perform their duty depends on public approval of police actions Natural law - Correct Answers morals and ethics are given Ethics - Correct Answers a code of values for our behavior based upon what morally good or bad behavior Professionalism - Correct Answers the conduct, aims, or qualities that characterize or mark a profession or a professional person

Professional - Correct Answers specialized, specially trained, held to a higher standard and master of specialized knowledge Trust and Legitimacy - Correct Answers hard to earn and easy to loose Unethical behavior implies - Correct Answers loss of trust, loss of cooperation and compliance Police misconduct - Correct Answers inappropriate actions taken by police officers in connection with their official duties Use of discretion should be based on - Correct Answers sound reasoning (fair, equitable, and impartial) Ethical decision making tools - Correct Answers 1. statutes/laws/ordinances

2. the oath of honor/the oath of the office
3. code of conduct Unethical vs. Illegal - Correct Answers what is unethical (usually falls short of criminality) is not necessarily illegal (law must be broken) Community oriented policing - Correct Answers is a philosophy that relies on the officer's relationship w/ the community he/she serves to solve the ills of the community together in creative ways Community - Correct Answers persons in social interaction within a geographical area Public trust - Correct Answers Power granted to the government How can p/o improve community attitude towards them? - Correct Answers 1. attire
4. grooming
5. demeanor Professional p/o - Correct Answers A p/o will readily offer friendship to everyone regardless of their wealth

Three eras of policing - Correct Answers 1. political era

2. reform era
3. community era 9 P's of community policing - Correct Answers Philosophy personalized policing patrols permanent place pro-active partnership problem solving PCR police-community relations - Correct Answers in NOT a philosophy, but an approach or response S.A.R. A. - Correct Answers Scanning=ID problem Analysis=collect/analyze data Response=customize solution Assessment=how did we do? The 80/20 rule - Correct Answers 1. only 20% of all service calls are related to traditional LE tasks 6 steps of problem solving - Correct Answers 1. ID the problem/set goals
4. Analyze
5. Develop and prioritize solutions
6. Implement solutions
7. Evaluate solutions (goals met?)
8. Maintenance of solutions CPTED - Correct Answers Crime Prevention Through Environmental Design (LOCATION) Goals of CJ system - Correct Answers guarantee due process, controlling crime, preventing crime Chief LEO of a county - Correct Answers District Attorney

Chief LEO of a Commonwealth - Correct Answers Attorney General Oldest LE agency in PA - Correct Answers PSP (est. 1904) Court system in PA - Correct Answers MDJ->CCP (trial court) ->Superior Court (appellate, NOT a trial court) ->PA Supreme Court (final authority on all laws in PA) When appeals are mandatory? - Correct Answers death penalty cases No bail for ____. - Correct Answers murder County prison holds - Correct Answers 1. defendants awaiting criminal trial who are unable/not entitle to post bail

2. defendants sentences to county prison terms MDJ - Correct Answers -sets reasonable bail -advised of charges -advises of rights -prelim hearing (prima facial case) -judge vies evidence favorable to Commonwealth CCP - Correct Answers -informations=formal charging docs -pre-trial motion -trial (beyond reasonable doubt) -sentencing within 60 days of verdict/guilty plea Accurate ARREST REPORTS are important why? - Correct Answers This info is used can be used by future investigators if defendant continues criminal behavior/in search for the defendant as a fugitive Characteristics of a good report - Correct Answers -accurate -factual -NOT subjective -concise -complete (who, what, where, when, why, and how) -organized and logical -simple language -NO jargon, 10-codes, etc -legible (print)

Number 1 firing reason/most common ethical violation committed by p/o? - Correct Answers Falsifying a police report First (failed) attempt to write a US constitution - Correct Answers Articles of Confederation, 3/1/ U.S. Constitution (Sep. 17, 1787) consists of - Correct Answers - 7 articles

• first 10 amendments=BILL OF RIGHTS
• 16 additional amendments Article 1 of the Constitution - Correct Answers Legislative Branch Congress makes the laws Article 2 of the Constitution - Correct Answers Executive Branch (President, election processing means of succession; duties; removal/impeachment process) Article 3 of the Constitution - Correct Answers Judicial Branch (Supreme Court; grants power to Congress to establish minor courts; parameters for treason conviction) Article 4 of the Constitution - Correct Answers Relations among states=full faith and credit between states 1st Amendment - Correct Answers Freedom of Religion, Speech, Press, Assembly, and Petition 4th Amendment - Correct Answers Protection against Unreasonable Search and Seizure
• right to privacy
• probable cause standards for search warrants
• eliminates "general" searches 5th Amendment - Correct Answers - The Right to Remain Silent
• Double Jeopardy
• right to due process
• right against self-incrimination
• basis for Miranda Warning

6th Amendment - Correct Answers - The right to a Speedy trial

• right to representation by an attorney
• right to impartial jury
• right to represent himself 8th Amendment - Correct Answers - No cruel or unusual punishment
• reasonable bail
• death penalty is constitutional
• death penalty restrictions (not in rape case if victim is alive, can't execute a mentally challenged) 14th Amendment (1868) - Correct Answers - equal protection clause
• Bill of Rights inapplicable to states
• equal justice under the law PA Constitution - Correct Answers - More restrictive to LE than US Constitution
• Supreme Law of PA
• Supersedes the US constitution (egg Good Faith exception is not recognized in PA)
• MORE protective of individual rights than US constitution Civil rights violation - Correct Answers - Section 1983 of US Code
• FBI is the investigative agency Powers of police officers come from - Correct Answers - US constitution
• PA constitution
• Statutory Law (fed, state, local)
• Case law
• Court rules State laws - Correct Answers - enacted by PA legislation
• primary source of laws relevant to police
• gives authority to act: (investigate/interrogate/arrest) Federal Laws - Correct Answers - enacted by congress
• US wide
• Crime cross-state lines
• government specific activities

Local laws - Correct Answers - ordinances

• enacted by local legislature
• applicable locally Case Law - Correct Answers - written decision of appellate courts deciding actual cases
• Stare Devises=let the decision stand (judges are bound by precedents when deciding cases before them) 4 types of laws - Correct Answers 1. Criminal

2. Juvenile
3. Civil
4. Mental health Major goal of Juvenile justice system - Correct Answers Rehabilitation Conviction standard for Criminal cases - Correct Answers proof beyond the reasonable doubt Conviction standard in Civil cases - Correct Answers preponderance of evidence General police powers allow Municipal PO - Correct Answers - enforce laws of PA

• maintain public peace and dignity
• preserve/protect persons or property Primary Jurisdiction - Correct Answers the geographical area where p/o is hired (sworn in) Police powers outside of primary jurisdiction are the same as within IF - Correct Answers 1. officer is acting on orders of the judicial official from primary jurisdiction (can't execute warrants unless has a permission of a chief LEO)

2. Hot/fresh pursuit
3. Asked to assist
4. PC to believe local LEO needs assistance
5. prior consent of a chief LEO to perform specific duties

P/O in other jurisdictions on official business - Correct Answers - views offense/PC to believe the offense has been committed

• offense presents clear and immediate danger to persons/property
• p/o can ID them as a p/o P/O in other jurisdictions on personal business - Correct Answers - views/PC of a felony
• p/o can ID them as a p/o Mutual Aid Agreements (42 Ph.C.’s. 8953 (a)(3) and (4) of the Municipal Police Jurisdiction Act) - Correct Answers a municipal police officer can respond out of their primary jurisdiction to assist any local, state, or federal law enforcement officer when requested or when the officer has probably cause that the other officer is in need of assistance mutual aid agreement must be signed in advance Firearm - Correct Answers - pistol or revolver with a barrel length less than 15 inches,
• shotgun with a barrel length less than 18 inches
• any rifle with a barrel length less than 16 inches - pistol, revolver, rifle or shotgun with an overall length of less than 26 inches. The barrel length of a firearm shall be determined by measuring from the muzzle of the barrel to the face of the closed action, bolt or cylinder, whichever is applicable. Crimes Code - Correct Answers - made of statutes
• Title 18 Pa C.S.A. Jurisdiction - Correct Answers the official power to make legal decisions and judgments (refers to WHAT you are allowed to do) Summary offence - Correct Answers - fine = less $
• jail = less 90 days Burden of proof in a criminal case is on - Correct Answers the prosecution/government Men’s Rea - Correct Answers Mental state of mind

1. Intentionally
2. Knowingly
3. Recklessly (not thinking)
4. Negligently (should be aware of) Grading of FELONIES - Correct Answers F1 20y, $25, F2 10y, $25, F3 7y, $15, Grading of MISDEMEANORS - Correct Answers M1 5y, $10, M2 2y, $5, M3 1y, $2, PIC - Correct Answers Possession of Instrument of a Crime Murder 1 - Correct Answers intentional killing Murder 2 - Correct Answers Killing committed while committing a felony (Burglary, arson, rape, robbery, kidnapping) Voluntary Manslaughter - Correct Answers - Killing in the heat of passion

• F Involuntary Manslaughter - Correct Answers - unintentional but done during an unlawful act of a lesser nature
• M Simple Assault - Correct Answers - an attempt to cause harm to a person
• M 1 (against a child under 12 by an adult over 21), 2, 3 (fight) Aggravated Assault - Correct Answers - an attempt to cause serious bodily harm to a person
• F 1, 2 To serve an arrest warrant in other counties a p/o needs - Correct Answers to ask the permission Elements of the crimes are established if a person acts - Correct Answers intentionally, knowingly, recklessly with intent, negligently

No statute of limitations - Correct Answers murder (includes conspiracy to commit etc) gag assault on a p/o homicide by vehicle Statute of limitations for felonies - Correct Answers 5 years Statute of limitations for misdemeanors - Correct Answers 2 years Renunciation is - Correct Answers a defense Sexual offenses statute of limitation - Correct Answers 12 years Conspiracy - Correct Answers requires 2 or more people Criminal Homicide - Correct Answers all homicides that are neither justified nor excused De minims infractions - Correct Answers do not get charged (no law broken, but morally wrong) Drug delivery resulting in death - Correct Answers 2506; F1, no more than 40 years in prison Simple Trespass - Correct Answers knowing that he is not licensed or privileged to do so, he enters or remains in any place for purposes -terrorizing/threatening occupants -starting fires -defacing/damaging the property Defiant Trespassing - Correct Answers Entering/remaining at a place without privilege or license to do so where clear notice against trespassing is given Notice= sign, fencing, communication Hindering Apprehension or Prosecution - Correct Answers - F3 if known that actor is under F1/F

• M2 otherwise

Theft of services - Correct Answers A crime consisting of the use of services with the intent of avoiding payment and the act of failing to pay. Summary if theft is less than $ Otherwise use Theft grading public drunkenness - Correct Answers the offense of appearing in public while intoxicated; summary Institutional vandalism - Correct Answers F3 if damage is greater than $5, M2 otherwise be When is voluntary intoxication a defense? - Correct Answers Lowering Murder 1 to Murder 2 Riot - Correct Answers needs 3 or more people Failure to disperse - Correct Answers public disorder or violence, needs at least 3 people Machine guns - Correct Answers are illegal Occupied Structure - Correct Answers "any structure, vehicle, or place adapted for overnight accommodations whether or not a person is actually present" Ethnic intimidation 2710 - Correct Answers - need a charging offense

• elevates grading by 1 grade Enforcement of code out of jurisdiction? - Correct Answers can't enforce code out of jurisdiction Arrest must be supported by - Correct Answers Probable cause probable cause - Correct Answers A set of facts and circumstances leading a reasonable person to believe that a crime has been committed by a particular offender.

Four sources of powers of a police officer - Correct Answers 1. US Constitution

2. PA Constitution
3. PA Statutes
4. Case law If a crime happens within 100 yards of the magisterial district border a citation/criminal complaint can be filed where? - Correct Answers In any of the two magisterial districts courts. Investigatory detention must be supported by - Correct Answers Reasonable Suspicion Name the landmark case that deals with DETENTION - Correct Answers Terry vs. Ohio What gives a p/o power to frisk a person? - Correct Answers Reasonable suspicion that the person is armed and dangerous. Summons - Correct Answers An order directing someone to appear in court to answer a complaint or a charge on a given date at a given time. Clerk of court - Correct Answers The official record keeper of the case files. Number of days for the p/o to file a citation or a criminal complaint. - Correct Answers 5 days Number of days the defendant has to respond to a citation or a criminal complaint. - Correct Answers 10 days Venue - Correct Answers All criminal proceedings in summary and court cases shall be brought before the issuing authority for the magisterial district in which the offense is alleged to have occurred. How are the arrest powers to be utilized? - Correct Answers 1. With discretion
5. With fairness
6. Within a legal paradigm

What civil right does Rule 600 relate to? - Correct Answers The right to a speedy trial (6th amendment). The maximum length of a pre-trial incarceration (Rule 600). - Correct Answers 180 days A trial in a court case shall commence within what time period? (Rule 600) - Correct Answers 365 days Burden of proof in a preliminary hearing? - Correct Answers Prima Facial. Burden of proof in a summary trial. - Correct Answers Guilty beyond a reasonable doubt. Affiant - Correct Answers A law enforcement officer who swears or affirms that the criminal complaint or a search warrant is true and correct to the best of his/her knowledge. Most constitutionally protected encounter with the law enforcement. - Correct Answers Arrest (Custodial detention) Mere encounter - Correct Answers A consensual encounter between a police officer and a citizen. (Any party can walk away at any time) What is done at the time of preliminary arraignment? - Correct Answers 1. The defendant is advised of their rights.

2. The defendant is advised of the charges against them.
3. The bail is set.
4. The date of the preliminary hearing is set. What is the time frame on the preliminary hearing if a defendant can't post bail (jailed)? - Correct Answers 14 days What is the time frame on the preliminary hearing if a defendant is out on bail? - Correct Answers 21 days Types of bail - Correct Answers 1. ROR
5. Unsecured
6. Secured (Cash, %)
7. Nominal

Can a defense cross examine at a preliminary hearing? - Correct Answers YES Can hearsay be used at a preliminary hearing? - Correct Answers YES Can a defense present witnesses at a preliminary hearing? - Correct Answers YES Why can video conferences preliminary arraignments can be utilized? - Correct Answers Because there is a rule for that -- Rule 119. Can a defender be summoned on charges related to domestic violence? - Correct Answers No, arrest and arraign the defendant. What p/o options to cite (charge with a summary offense) a person? - Correct Answers 1. Issue on site

2. File a citation with the court
3. Arrest Court case - Correct Answers Court case must have at least one misdemeanor/felony/murder charge on the criminal complaint. How can a defendant plead guilty on a citation? - Correct Answers Pay the fine (in person, by mail, on-line) How can a defendant plea "not guilty" on a citation? - Correct Answers Post a $50 collateral (in person, by mail, on-line) What happens if defender does not respond within 10 days? - Correct Answers The defender will get a summons to appear before the judge. How long is the appeal (guilty verdict) period on a summary offense? - Correct Answers 30 days Where do summary appeals get filed? - Correct Answers At the court of common pleas. What is the summary appeal process at CCP? - Correct Answers Trial DE NOVO by a CCP judge.

Which court deals with traffic violations? - Correct Answers Magisterial district court What is needed for warrantless arrest? - Correct Answers Probable cause that a defendant has indeed committed the crime. What counts as "Exigent Circumstance"? - Correct Answers 1. Hot pursuit

2. Violent crime in progress
3. Person needs immediate medical/police assistance
4. Destruction of evidence List 3 types of encounters - Correct Answers 1. Mere encounter
5. Investigatory detention
6. Custodial arrest What is needed to file a criminal complaint? - Correct Answers Probable Cause How soon a suspect must be arraigned? - Correct Answers Without any unnecessary delays. What is the least reliable source of information? - Correct Answers Anonymous tip (must be corroborated). What are possible summary agreements aimed to keep cases at the MDJ level? - Correct Answers ARD, rehabilitation programs, etc Can a p/o make a forcible entry (without a warrant) for a summary offense?

• Correct Answers NO Why are non-anonymous reports are more reliable that anonymous? - Correct Answers Those who give their information can be charge with false reports. What is the burden of proof for INDICTING GRAND JURY? - Correct Answers Prima Facial What required for Rule 506 Approval of Criminal Complaints - Correct Answers 1. Filed by private citizens

2. Must be approved by a prosecutor.
3. Rarely approved (other than a bad check) Why private criminal complaints are almost never approved? - Correct Answers Criminal complaints require an investigation agency. Contraband - Correct Answers items illegal to possess Exclusion rule elements - Correct Answers - an illegal act

• seizure of evidence
• connection between act and evidence NOT search incident to arrest No entry into residences for ____ offenses. - Correct Answers summary Search incident to arrest. Who can search? - Correct Answers a person may be searched by multiple officers (one at the time) While arresting a driver of a vehicle, what can a p/o search? - Correct Answers person and areas within driver's immediate reach Suppression hearing - Correct Answers takes place in the pre-trial phase at CCP The key term in the "frisk" related to contraband ID - Correct Answers the nature of the item must be "immediately apparent" Frisk area in a vehicle - Correct Answers the area within driver's immediate reach and control Inventory of property receipt - Correct Answers - sign the copy
• tag/list all property taken from place searched
• return the Inventory of Property Receipt to the issuing authority categories of items subject to seizure - Correct Answers 1. Fruit of the crime

2. Contraband
3. Instrument of a crime

Reasons to impound a vehicle - Correct Answers 1. To secure vehicles without VINs

2. To secure recovered stolen vehicles
3. To secure vehicles prior obtaining a search warrant
4. To secure vehicles used in felony/drug offenses
5. Probable cause exist to believe evidence is in the vehicle Plain View Doctrine - Correct Answers - Plain view is a SEARCH, not a seizure

• Police must be at a lawful vantage point
• Incriminating nature of the item must be immediately apparent
• Item must be in plain view
• Contraband in a public place is subject to plain view seizure Warrantless searches by regulatory agencies - Correct Answers - must be carried out by a got regulatory agency
• persons searching must be authorized by law
• purpose is limited to enforcement of regulations
• limited to normal business hours
• does not have to result in criminal penalty e.g. DUI checkpoint, random K-9 searches at schools, truck inspections, and admin searches for public safety A police officers are no longer permitted to extend a traffic stop and/or investigate without _______. - Correct Answers Reasonable suspicion (US vs. Rodrigues) During the "Terry stop" of a vehicle a p/o is allowed to - Correct Answers - ID all occupants
• ask all occupants to step out a vehicle
• ask for driver's insurance and registration
• NOT to pat down ALL occupants Day time warrant window of execution - Correct Answers 6a -- 10p Is using K-9 to sniff on the curtilage a search - Correct Answers yes, need a warrant

Use of hearsay in criminal proceedings - Correct Answers hearsay can be used in all criminal proceedings Unlawful search consequences - Correct Answers - p/o will be disciplined by

• criminal charges against the subject may be dismissed
• may result in a civil action suit
• NOT LIKELY that p/o is charged criminally Primary reason for "frisk" of a vehicle - Correct Answers to look for weapons Frisk - Correct Answers a limited surface pat down for weapons based on reasonable suspicion Exclusionary rule happens when - Correct Answers at pre-trial, suppression hearing Purpose of the arrest warrant - Correct Answers to search for people Protective sweep inside a premise is for - Correct Answers - officer safety
• to look for persons hiding
• limited to the areas where assailant may hide Consent searches - Correct Answers freely and voluntary given; must be clear that consent can be withdrawn at any time
• school can search lockers without consent or probable cause
• hotel employees can't consent to a search of a guest's room
• parents/homeowners can consent to search of an adult child/overnight guest if they are not paying rent Minimal level of proof for "stop and frisk" - Correct Answers reasonable suspicion Legal concept behind "emergency warrantless searches" - Correct Answers exigent circumstances Warrantless forced entry into a home to apprehend a fleeing suspect - Correct Answers - charge must be a felony

• pursuit must be continuous
• reasonable belief that evidence will be destroyed Warrantless inventory searches of a vehicle functions - Correct Answers - to protect owners property
• to protect police against disputes over lost/stolen property
• to protect police against danger
• to assist police in determining whether the vehicle was stolen and then abandoned Amount of time to wait after knocking on a forcible entry to execute a search warrant? - Correct Answers - more than 20 seconds is ok
• more than 45 seconds is ok How to provide a home owner with a copy of search warrant? - Correct Answers Leave it inside a home for owner to find How much time is given to execute a search warrant? - Correct Answers 48 hours Search warrant application obeys what rules? - Correct Answers - property to be seized must be clearly described
• location of the search must be clearly described
• crime under investigation must be specified
• no oral clarifications 4 corner rule - Correct Answers Probable cause is determined by written fact on the affidavit A search warrant must be issued by - Correct Answers Issuing Authority within the jurisdiction where the property is located Curtilage - Correct Answers any structure adjacent to the house where everyday life extends Which legal principal or doctrine for 4th Amendment searches has PA Supreme Court consistently rejected - Correct Answers Good Faith Example

inevitable discovery rule - Correct Answers the principle that evidence can be used in court even though it was obtained illegally if a judge finds it would have been discovered anyway by other means or sources U.S. Supreme Court case that created "exclusionary rule" and "fruit of a poisonous tree rule" to safeguard 4th Amendment rights - Correct Answers Map vs. Ohio police powers should be used - Correct Answers - discretion

• fairness
• within legal parameters Admission comes in 3 forms - Correct Answers 1. Statement as admission (Yes, I did it)

2. Act as admission (hide, conceal)
3. Silence as admission Admission is NOT a _____ - Correct Answers confession Failure to respond to an allegation is _____ - Correct Answers not an admission Confession - Correct Answers is a voluntary statement that a person has COMMITTED a crime

• can be used at trials
• admissible as a matter of evidence even though it a hearsay Excluding a confession - Correct Answers - due process is considered (5A and 14A)
• later could be excluded if a suspect was not properly arraigned Two amendments that play into admissibility of a confession in addition to due process clause - Correct Answers - 5A right against self-incrimination
• 6A right to counsel Requirements for a confession - Correct Answers - must be given FREELY and VOLUNTARILY
• person MUST be in complete mental freedom (right age, not intoxicated, not mentally ill)

• must be NOT under any psychological pressure /duress/abuse/deception Officers are allowed to use trickery providing that it - Correct Answers does not SHOCK THE CONSCIENCE Most damaging evidence? - Correct Answers Person's own confession Miranda warning requires - Correct Answers 1. Suspect in custody

2. Suspect is being asked questions of incriminating nature Miranda waiver conditions - Correct Answers - Voluntarily and Intelligently wave rights

• Nothing needs to be signed; verbal is sufficient, noting of a head may be sufficient To understand and to wave Miranda rights suspect must be - Correct Answers - sane
• sober
• be of sufficient age/education level
• deaf and foreign language speakers need a translator In custody - Correct Answers - subject believes that their freedom and movement is restricted
• based on a totality of circumstances
• officer's intent is not relevant 5A right against self-incrimination - Correct Answers - suspect can stop talking at any time
• can have a different officer/location
• interrogation only after administering Miranda
• can conduct a second interview after a significant time laps (egg 24 hours) 6A - Correct Answers right to counsel is absolute
• if jailed, can't question without an attorney
• if not jailed, consult an attorney
• right to counsel is triggered at the first appearance before MDJ/bail commissioner/Grand Jury

Public Safety Exception to Miranda - Correct Answers Miranda does not apply on cases where a p/o is asking questions pertaining to public safety (where is the bomb?) Comma vs. Bowers Subpoena - Correct Answers a legal order to appear for testifying (witness, victim)

• criminal trial
• civil rights trial
• depositions A defendant must be brought to the arraignment how soon? - Correct Answers without necessary delay (former 6h rule) Civil Law - Correct Answers A law that governs relationships between individuals/groups of people and defines their legal rights. Tort - Correct Answers an unlawful act involving a breach of legal duty (other than a contract) imposed by the state and resulting in injury (physical, financial) Negligence - Correct Answers failure to take proper care in doing something burden of proof is on the party that alleges negligence intentional tort - Correct Answers A tort committed by one who intends to do the act that creates the harm. the damage is not intentional, but the conduct is Statute of limitation on tort - Correct Answers 2 years product liability - Correct Answers manufacturer's liability that an article he places on the market is defective and causes injury to a HUMAN Assumpsit - Correct Answers contract=legal enforceable agreement b/w 2 or more parties Statute of limitation on a contract - Correct Answers 4 years

Mortgage foreclosure - Correct Answers - removal of the right to redeem mortgaged property

• cause is failure to pay
• ejectment Ejectment - Correct Answers -filed at CCP
• against someone who lives at and has ties to the place Eviction - Correct Answers The legal process of removing a tenant from rental property by a landlord Eviction Steps - Correct Answers 1. Writ of possession = filament

2. Order of possession = judgment (good for 180 days)

• 10 days = automatic period to appeal; must post x3 rent to appeal
• 10 days to leave the property; removed on 11th day
• 21 days in total 3 steps in a civil suit - Correct Answers 1. filament

2. intent to defend
3. judgment relief available in civil cases - Correct Answers - punitive

• compensatory
• equitable (fair and just; injunctions/restraining orders) Subpoena ad testificadum - Correct Answers appear to testify subpoena duke’s talcum - Correct Answers a court order to produce documents or records Money judgment (contract/landlord) - Correct Answers - 30 days to appeal
• if no appeal, good for 30days to 5 years window
• wage attachment is only for tenants-landlord cases
• Bankruptcy stops the clock, need emergency lift order for possessions
• less than $12K file at MDJ
• more than $12K file at CCP Contempt - Correct Answers - disobedience of a disrespectful nature or disorderly conduct in a place of court/legislative body
• less than $100, less than 10 days in jail

Civil Contempt - Correct Answers disobedience of a court order Injunction - Correct Answers order/decree to stop the action -temporary restraining order

• preliminary injunction (maintain the status quo until hearing)
• permanent injunction is granted only after a full hearing
• does not look to the past to punish, but to the future to make right
• served by a sheriff’s office violation of an injunction - Correct Answers in an indirect criminal contempt Organization that oversees all liquor related issues in PA - Correct Answers PLCB (Pennsylvania Liquor Control Board) The Enforcement Arm of the PLCB - Correct Answers Bureau of Liquor Control and Enforcement (under PSP) Bars and restaurants shall not sell any alcoholic beverages after ___. - Correct Answers 2 am All patrons shall vacate a bar/restaurant that serves alcoholic beverages by ___. - Correct Answers 2:30 am Nightclubs shall not sell alcoholic beverages after ___. - Correct Answers 3 am All non-traffic citations under the liquor code must be reported to - Correct Answers BLCE Burden of proof in an illegal gambling (narcotics trafficking) is - Correct Answers The proprietor should have known the activity is taking place at his/her establishment. Grading on Misrepresentation of Age (PACC 6307) - Correct Answers Fist offense — summary Subsequent offense — Misdemeanor 3