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MPTC Final Exam Review/67 Questions and Answers
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- MPTC Final Exam Review/67 Questions And Answers
MPTC Final Exam Review/67 Questions and Answers
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MPTC Final Exam Review/67 Questionsand Answers
1st Amendment - -Freedom of Religion, Speech, Press, Assembly, and
Petition
-4th Amendment - -Freedom from unreasonable searches and seizures by
the government
-5th Amendment - -The Right to Remain Silent/Double Jeopardy, right to
due process
-8th Amendment - -No excessive bail, or cruel and unusual punishment
-Civil Liability - -Potential responsibility for payment of damages or other
court-imposed sanction in a lawsuit. (You can be sued for violating a persons
constitutional rights).
-Jurisdiction - -The specific geographical area where a police officer can
arrest or serve (provided that they are in uniform or displaying a badge of
office).
-Reasonable Suspicion - -Specific articulable facts which, when taken
together, would convince a reasonable person to believe that a suspect is
involved in a crime.
-Probable Cause - -Facts and circumstances sufficient to convince a
reasonable person to believe that:
A) A crime has been committed and that the person to be arrested
committed it.
B) A specific item subject to seizure will be found
-Seizure - -When police take possession of property, make an arrest, or
restrict a persons ability to move freely.
-Search - -The physical invasion or intrusions of privacy by police on people,
homes or personal property to obtain information or gather evidence.
-Frisk - -A warrantless and limited search of a persons outer garments and
area of control by police to discover weapons.
-Arrest Warrant Requirements - -1. Name of person to be arrested
2. The crime allegedly committed by person named
, 3. A command that the person named in the warrant be brought before the
court
4. Signature of the official issuing the warrant.
-Arrest without a warrant - -A) for a felony in the officer's presence or with
probable cause
B) A crime committed in the officer's presence that amounts to a breach of
the peace.
C) Certain misdemeanors committed in the past when arrest is authorized by
statute.
D) Certain misdemeanors committed in an officer's presence
-Search incident to arrest - -A search of a person and their area of control
after arrest looking for fruits, instrumentalities, and evidence of the crime for
which they have been arrested.
-Consent search - -When a person waives their 4th amendment rights for
officers to search places where the person consenting has a reasonable
expectation of privacy. CONSENT MUST BE VOLUTARY AND INFORMED!
-Plain View Doctrine - -Police may seize evidence of a crime without a
warrant that is in plain view and no reasonable expectation of privacy exists.
-Curtilage - -The area immediately surrounding a dwelling
-Exigent Circumstances - -Exigent circumstance exist when there is
probable cause and:
A) Likelihood of danger to police or other without immediate action.
B) Likelihood of imminent removal or destruction of evidence
C) Risk of flight.
-Inventories - -Administrative, non investigatory searches pursuant to
written departmental procedures and justified as a means of protecting
property.
-Citizen arrest - -A private citizen may lawfully arrest someone who has in
fact already committed a felony.
A police officer acting outside of his jurisdiction (if not in pursuit) would be
considered to be acting as a citizen.
-Direct Evidence - -Evidence that directly links a person to a crime without
relying on inference or other evidence.
-Physical Evidence - -Tangible items/object that may be direct or
circumstantial evidence
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