MPTC FINAL EXAM REVIEW EXAM WITH ANSWERS #4
1st Amendment - correct answer Freedom of Religion, Speech, Press, Assembly, and
Petition
4th Amendment - correct answer Freedom from unreasonable searches and seizures
by the government
5th Amendment - correct answer The Right to Remain Silent/Double Jeopardy, right to
due process
8th Amendment - correct answer No excessive bail, or cruel and unusual punishment
Civil Liability - correct answer 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 - correct answer 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 - correct answer Specific articulable facts which, when taken
together, would convince a reasonable person to believe that a suspect is involved in a
crime.
Probable Cause - correct answer 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 - correct answer When police take possession of property, make an arrest, or
restrict a persons ability to move freely.
Search - correct answer The physical invasion or intrusions of privacy by police on
people, homes or personal property to obtain information or gather evidence.
Frisk - correct answer A warrantless and limited search of a persons outer garments
and area of control by police to discover weapons.
Arrest Warrant Requirements - correct answer 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 - correct answer 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 - correct answer 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 - correct answer 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 - correct answer Police may seize evidence of a crime without a
warrant that is in plain view and no reasonable expectation of privacy exists.
Curtilage - correct answer The area immediately surrounding a dwelling
Exigent Circumstances - correct answer 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 - correct answer Administrative, non investigatory searches pursuant to
written departmental procedures and justified as a means of protecting property.
Citizen arrest - correct answer 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 - correct answer Evidence that directly links a person to a crime without
relying on inference or other evidence.
Physical Evidence - correct answer Tangible items/object that may be direct or
circumstantial evidence
Testimonial Evidence - correct answer Includes statements made by, victims,
witnesses, suspects and police.
Circumstantial Evidence - correct answer Evidence that relies on an inference to
connect to a conclusion of fact.
Exculpatory Evidence - correct answer Evidence or statement that tend to clear, justify
or excuse a defendant from fault.
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