MPOETC Test Review - Search and Seizure,
Criminal Procedure UPDATED Exam
Questions and CORRECT Answers
Where is the power of Search and Seizure derived from? (4) - CORRECT ANSWER- 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 ANSWER- Houses
Persons
Places
Effects - papers included
Who's power to search and seize is limited by the 4th Amendment? - CORRECT ANSWER-
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 ANSWER- Probable
cause
What needs to be "particularly described" in order to obtain a warrant? - CORRECT
ANSWER- The person or place to be searched, and the person or thing to be seized
If a search or seizure goes beyond the reasonable expectation of privacy, what is needed? -
CORRECT ANSWER- A warrant
What is needed in order to have a reasonable expectation of privacy? (2) - CORRECT
ANSWER- 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 ANSWER- A crime has occurred and the suspect has a weapon
A violation of the 4th Amendment can lead to what 4 things? - CORRECT ANSWER-
Suppression of evidence
Lawsuit
Criminal charges against the officer
Disciplinary action by the department
Where do you have an expectation of privacy (4)?
What court case establishes that expectation of policy? - CORRECT ANSWER- At home
Place of employment
Curtilage of property
Public place where privacy is implied
Court case - Katz v. US
What is the Exclusionary Rule?
What court case established that rule? - CORRECT ANSWER- Evidence obtained in
violation of the 4th Amendment rights will be suppressed
Mapp v. Ohio
What are the 2 exceptions to the Exclusionary Rule?
What court cases provided these 2 exceptions?
Which exception is NOT recognized in PA? - CORRECT ANSWER- Inevitable Discovery -
Nix v. Williams
Good Faith - US v. Leon
Good faith exception not recognized in PA
Criminal Procedure UPDATED Exam
Questions and CORRECT Answers
Where is the power of Search and Seizure derived from? (4) - CORRECT ANSWER- 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 ANSWER- Houses
Persons
Places
Effects - papers included
Who's power to search and seize is limited by the 4th Amendment? - CORRECT ANSWER-
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 ANSWER- Probable
cause
What needs to be "particularly described" in order to obtain a warrant? - CORRECT
ANSWER- The person or place to be searched, and the person or thing to be seized
If a search or seizure goes beyond the reasonable expectation of privacy, what is needed? -
CORRECT ANSWER- A warrant
What is needed in order to have a reasonable expectation of privacy? (2) - CORRECT
ANSWER- 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 ANSWER- A crime has occurred and the suspect has a weapon
A violation of the 4th Amendment can lead to what 4 things? - CORRECT ANSWER-
Suppression of evidence
Lawsuit
Criminal charges against the officer
Disciplinary action by the department
Where do you have an expectation of privacy (4)?
What court case establishes that expectation of policy? - CORRECT ANSWER- At home
Place of employment
Curtilage of property
Public place where privacy is implied
Court case - Katz v. US
What is the Exclusionary Rule?
What court case established that rule? - CORRECT ANSWER- Evidence obtained in
violation of the 4th Amendment rights will be suppressed
Mapp v. Ohio
What are the 2 exceptions to the Exclusionary Rule?
What court cases provided these 2 exceptions?
Which exception is NOT recognized in PA? - CORRECT ANSWER- Inevitable Discovery -
Nix v. Williams
Good Faith - US v. Leon
Good faith exception not recognized in PA
