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END OF PAGE Who holds the burden of proof in a criminal proceeding? - ANSWERS- Prosecution or Commonwealth Guilty Pleas - ANSWERS-A necessary requirement in CJ system. Expedites the system and saves money and time Terry Frisk - ANSWERS-Reasonable suspicion that criminal activity is afoot Reasonable suspicion that person is armed and dangerous Purpose: To conduct an investigation safely Power to search and seize comes from? - ANSWERS-Case Law US Constitution- 4th Amendment PA Constitution- Article 1 Section 8 Criminal Procedure Fruit of the Poisonous Tree Doctrine - ANSWERS-Illegally seized or found evidence will be suppressed
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END OF PAGE Exceptions to the Exclusionary Rule - ANSWERS-Inevitable discovery (Nix v Williams) Good faith exception (US v. Leon). NOT IN PA Reasonable Expectation of Privacy - ANSWERS-On person, in home or business, on curtailage of home, and public place where privacy is implied Factors of Staleness - ANSWERS-Time lapse between information received and the warrant application To forego a "knock and annouce"? - ANSWERS-Occupants know police purpose Entry will imperil their safety Evidence is about to be destroyed Abandoned Vehicle - ANSWERS-Cannot be a pedalcycle Physically inoperable Left unattended for more than 48 hours Left on private property without consent of owner for more than 24 hrs
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END OF PAGE CLEAN - ANSWERS-Commonwealth Law Enforcement Assistance Network. Used for vehicle information and driving license information Purpose of foot patrol - ANSWERS-Deter crime Cover vs. Concealment - ANSWERS-Cover- deflects projectiles Concealment- no physical protection but hides the officer Chain of Custody - ANSWERS-Recording evidence from time of commission to court case. Try to transfer number to a minimal Collecting semen and saliva - ANSWERS-Allow it to dry and put in paper bags Interview - ANSWERS-Non accusatory conversation Interrogation - ANSWERS-A conversation accusing the person of committing a crime
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END OF PAGE Interrogation Technique - ANSWERS-Reid Nine Step Technique MPOETC doesn't believe are important for identifying suspects?
- ANSWERS-Mannerisms Live Line Ups - ANSWERS-Cannot refuse to participate, minimum of 6 people including suspect, may be required to speak and walk if needed Five different categories of controlled substances: - ANSWERS- Cannabis Narcotics Stimulants Depressants Hallucinogens Informant - ANSWERS-Any non-law enforcement person who supplies information revolving criminal activity
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END OF PAGE Demonstrative Evidence- maps, sketches, photos, etc. Circumstantial- indirect evidence or inference Discrediting a witness is known as: - ANSWERS-Impeachment Positional Asphyxia - ANSWERS-Subjects chest cannot expand For a person to be taken into custody under an involuntary commitment for an evaluation you must show that they are - ANSWERS-A danger to themselves or a danger to others Ethical Decision Making Test - ANSWERS-Is my decision legal? Would my family approve? Am I following the golden rule? What would I do if I were being videotaped? Primary Jurisdiction - ANSWERS-Your municipality or a combination of municipalities
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5th Amendment - ANSWERS-Guarantees the right against self incrimination, right to due process, compensation for public taking of private property Miranda v. Arizona - ANSWERS-Comes from 5th Amendment. *Court case is on the test but I forget how its asked 6th Amendment - ANSWERS-Guarantees right to speedy trial, right to counsel, and be confronted by the witnesses against you 7th Amendment - ANSWERS-Guarantees the right to jury by trial and established the prohibition of "double jeopardy" 8th Amendment - ANSWERS-Guarantees right to bail and excludes cruel and unusual punishment Civil Laws - ANSWERS-Custody/ child support Landlord/ tenant disputes
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END OF PAGE Not an excuse to a criminal charge unless murder charge. Makes it a lesser degree Criminal Conspiricy - ANSWERS-Subsection 903 Must have an agreement and a overt act Possessing Instrument of Crime - ANSWERS-Subsection 907 An instrument that can be used to commit a crime Gradings of Crime - ANSWERS-Summary Misdemeanor Felony Murder (differences of degree) - ANSWERS-1st- intentional killing 2nd- murder during the act of committing a felony 3rd- If not first or second its 3rd
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- Good info to know but not on exam Elements of Harassment - ANSWERS-Intent to harass Summary or misdemeanor Stalking - ANSWERS-Place someone in fear of bodily injury or to cause substantial emotional distress Misdemeanor or felony Can you be convicted of burglary and the underlying offense? - ANSWERS-No unless underlying offense is a felony of 1st or 2nd degree *Burglary and Robbery are key statutes to know!!! Criminal Trespass - ANSWERS-Section 3503
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END OF PAGE Take property that is being offered for sale by the store Theft of leased property - ANSWERS-Section 3932 You rent a car and don't return it Forgery - ANSWERS-Section 4101 Altering writing a check Printing your own money or checks Bad Checks - ANSWERS-Section 4105 Writing a check, knowing you don't have the money to cover costs False reports to law enforcement authorities - ANSWERS-Section 4906
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END OF PAGE Implicate somebody else for a crime Reporting a crime that didn't happen Burning your car and reporting it stolen Hindering apprehension or prosecution - ANSWERS-Section 5105 An accessory to someone to committed a crime. Have to know they committed a crime Disorderly Conduct - ANSWERS-Section 5503 Intentionally or recklessly causing public inconvenience Summary offense or M3 if they intent to cause serious inconvenience Loitering and prowling at night time - ANSWERS-Section 5506 Peeping toms
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END OF PAGE Re-issued warrant John Doe warrant Bench Warrant *Also not on the test but good to know Custodial Detention - ANSWERS-An arrest Stop and Frisk Rule - ANSWERS-Outer layer of clothing, no pockets or schoolbags ARD - ANSWERS-DUI's and misdemeanor offenses Issuance of a Citation - ANSWERS-Officer has 5 days, defendant has 10 days Issuance of a Warrant - ANSWERS-When citation or summons is returned undelivered. Bench warrant received when citation or summons was given personally or by mail and has failed to appear for an execution of a sentence.
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END OF PAGE Withdrawal of Charges in Summary Cases - ANSWERS-Officer can use discretion and withdrawal any number of citations before the closing of a summary trial Notice of Appeal - ANSWERS-Judge must notify defendant of their right to appeal. Trial de novo Instituting Proceedings in Court Cases - ANSWERS-Filing a written complaint or an arrest without a warrant Types of Release on Bail - ANSWERS-ROR Non-monetary Unsecured Bail Monetary Condition Nominal Bail Preliminary Arraignment - ANSWERS-First step in criminal justice system. Charges and evidence are brought forward to the court.
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