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MPOETC EXAM 5 Questions And Answers With Verified Solutions 100% Correct Latest Updated 2024
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MPOETC EXAM 5 Questions And Answers With Verified Solutions 100% Correct Latest Updated 2024
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MPOETC EXAM 5 Questions AndAnswers With Verified Solutions 100%
Correct Latest Updated 2024
Police Power to Search and Seize comes from: - 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: - ANSWER✔✔ ALWAYS GET A SEARCH WARRANT
Probable Cause - 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 - 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 - 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 - 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 - ANSWER✔✔ A valid custodial arrest
authorizes a complete search of the arrested person and the area within his
IMMEDIATE CONTROL
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