Exam (elaborations)
2024 MPOETC - SEARCH AND SEIZURE, CRIMINAL PROCEDURE TEST REVIEW EXAM WITH CORRECT ANSWERS
- Course
- Institution
2024 MPOETC - SEARCH AND SEIZURE, CRIMINAL PROCEDURE TEST REVIEW EXAM WITH CORRECT ANSWERS
[Show more]
Content preview
2024 MPOETC - SEARCH ANDSEIZURE, CRIMINAL PROCEDURE
TEST REVIEW EXAM WITH
CORRECT ANSWERS
When would you use the "Four Factor Test?" - CORRECT ANSWERS-Use it
when dealing with an anonymous source or confidential informant
Who may issue a search warrant? - CORRECT ANSWERS-District judge or
judge in the court of common pleas
Where is the power of Search and Seizure derived from? (4) - CORRECT
ANSWERS-US Constitution - 4th Amendment
PA Constitution - Article I Section 8
PA Rules of Criminal procedure
Case law from PA and US Court Cases
Where does the 4th Amendment provide protection in? (4) - CORRECT
ANSWERS-Houses
Persons
Places
Effects - papers included
Who's power to search and seize is limited by the 4th Amendment? -
CORRECT ANSWERS-Law enforcement / government and its agents - private
citizens acting at police officer's request
What is needed in order to obtain a warrant? (in general) - CORRECT
ANSWERS-Probable cause
What needs to be "particularly described" in order to obtain a warrant? -
CORRECT ANSWERS-The person or place to be searched, and the person or
thing to be seized
What is "staleness"? - CORRECT ANSWERS-Probable cause gets "stale" with
age. Info must be recent to have probable cause
What was the result of Illinois v. Gates? - CORRECT ANSWERS-Established
the "Totality of Circumstances Test" when dealing with legality of a search
, What is an Anticipatory Search Warrant? - CORRECT ANSWERS-A search
warrant that shows at a particular time, evidence subject to seizure will be
located at a specific place or on a specific person
Who files a motion to suppress evidence? - CORRECT ANSWERS-A motion to
suppress is filed by the defense or defendant
Who has the burden to prove that a seizure was legal?
How is that burden proved? - CORRECT ANSWERS-The Commonwealth has
the burden to prove and can do so by calling the officer to testify
What are 3 Exigent Circumstances that serve as EXCEPTIONS to the warrant
requirement? - CORRECT ANSWERS-1. Risk of injury or death to officers or
bystanders
2. Destruction of evidence
3. Fleeing suspect
What are the 12 exceptions to the warrant requirements? - CORRECT
ANSWERS-Exigent circumstances
Destruction of evidence
Fleeing suspect
Officer safety
Hot pursuit
Search incident to arrest
Emergency aid
Consent
Inventory
Automobiles
DUI
Administrative search
If a search or seizure goes beyond the reasonable expectation of privacy,
what is needed? - CORRECT ANSWERS-A warrant
What is needed in order to have a reasonable expectation of privacy? (2) -
CORRECT ANSWERS-The expectation must be ACTUAL and REAL
There is no expectation of privacy for anything in public view
What is needed in order to pat someone down? A reasonable suspicion that
_______ and ______. - CORRECT ANSWERS-A crime has occurred and the
suspect has a weapon
A violation of the 4th Amendment can lead to what 4 things? - CORRECT
ANSWERS-Suppression of evidence
Lawsuit
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller Elitaa. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $14.09. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
82871 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now