MPOETC CERTIFICATION TEST/151 QUESTIONS AND ANSWERS (A+)

MPOETC CERTIFICATION TEST/151 QUESTIONS AND ANSWERS (A+) 1st Amendment (1791) - √Answer :Freedom of speech, religion and press and the right to petition Quiz :2nd Amendment (1791) - √Answer :Right to bear arms Quiz :3rd Amendment (1791) - √Answer :The government may not house soldiers in private homes without consent of the owner Quiz :4th Amendment (1791) - √Answer :Freedom from unreasonable search and seizures Quiz :5th Amendment (1791) - √Answer :Double jeopardy, can't incriminate yourself, due process Quiz :6th Amendment (1791 - √Answer :The right to a speedy and public trial. The right to confront the accuser Quiz :7th Amendment (1791) - √Answer :Right to a trial by jury in civil cases Quiz :8th Amendment (1791) - √Answer :Prohibits excessive fines and excessive bail/and cruel unusual punishment Quiz :14th Amendment - √Answer :Can't deprive a citizen of life, liberty or property without due process Quiz :Bill of Rights - √Answer :First 10 amendments to the Constitution Quiz :PA Constitution - √Answer :More restrictive than US Constitution Quiz :Statutes - √Answer :Written laws made by legislatures Quiz :civil rights violation - √Answer :Unlawful arrest, search and seizure without probable cause. Holding a prisoner beyond limitations Quiz :When can officers enter another jurisdiction - √Answer :Hot pursuit, asked, mutual aid, official business and felony crimes Quiz :case laws - √Answer :Written decision of appellate courts deciding actual cases Quiz :Tort - √Answer :A violation of the civil law Quiz :Probable cause - √Answer :Facts and circumstances that lead a reasonable person to believe a crime had been committed and the suspect committed the crime Quiz :Three branches of government - √Answer :Legislative, Executive, Judicial Quiz :What branch of government do police fall under? - √Answer :Executive Quiz :PA Court System - √Answer :Common Pleas, Circuit, Supreme Quiz :US Court System - √Answer :District, circuit, supreme Quiz :Grading of crimes - √Answer :Felony, misdemeanor, summary Quiz :State of mind (Mens Rea) 4 - √Answer :Mental intent to commit crime - Recklessly - Intentionally - Negligently - Knowingly Quiz :Where are statutes of limitations found? - √Answer :Title 42, section 5552 judiciary code Quiz :Codification - √Answer :The act or process of rendering laws in written form Quiz :2 elements of a crime - √Answer :Physical act of crime (Actus Reus), Mental intend to do so (Mens Rea) Quiz :Instrument of a crime - √Answer :Any instrument that is intended to be used to commit a crime Quiz :1st degree murder - √Answer :2502 - killing that is premeditated, deliberate and done with malice Quiz :Felony Crimes - √Answer :Murder, rape, kidnapping, arson, robbery, burglary, embezzlement, forgery, theft, and perjury Quiz :Voluntary Manslaughter - √Answer :2503 - unlawful killing of a human being in sudden heat of passion upon sufficient legal provocation. Felony 2 Quiz :Stalking - √Answer :2709 - Repeatedly following, harassing, or threatening an individual. M1 Quiz :Kidnapping - √Answer :2901 - The unlawful removal or restraint of a person against his or her will. Quiz :Rape - √Answer :3121 - Penetration however slight, forcible without consent. B Quiz :Burglary - √Answer :3502 - Unlawful entry with intent to commit a crime. F1 Quiz :Criminal Mischief - √Answer :Intentional or knowing damage or destruction of property. Quiz :Police powers derive from - √Answer :Constitution, case law and statutory law Quiz :Affiant - √Answer :Any responsible person capable of taking an oath affirming a criminal complaint Quiz :5 Types of bail - √Answer :ROR Non-Monetary Unsecured Nominal Monetary Quiz :Venue - √Answer :Boundaries which a Court has jurisdiction and authority Quiz :statute of limitations - √Answer :Summary - 30 Days Misdemeanor- 2 years Felony - 5 years Homicide - no limit Quiz :Four Corners Rule - √Answer :No outside evidence may be used against somebody during a search warrant/investigation Quiz :Search Warrants - √Answer :Executed within 48 hours Quiz :Night Time Warrants - √Answer : Quiz :How long to file a citation - √Answer :Within 5 days Quiz :How long to respond to a citation - √Answer :Within 10 days Quiz :Defendant has a right to a preliminary hearing - √Answer :Within 3-10 days after arrest Quiz :Time limit for trial - √Answer :If incarcerated - 180 days Not incarcerated - 365 days Quiz :Minimum legal proof to justify arrest - √Answer :Probable cause Quiz :Determine legality of an arrest - √Answer :Totality of the circumstances, reasonable person test Quiz :Mere encounter - √Answer :Exchange of information between officer and civilian, no level of suspicion required, civilian free to leave at anytime Quiz :Investigatory Detention - √Answer :Need reasonable suspicion supported by articulated facts. Reasonable time is 20-30 minutes Quiz :Custodial Detention - √Answer :Probable cause is needed, person is under arrest Quiz :Terry Search - √Answer :Searching for weapons only. Must establish reasonable suspicion, believe criminal activity is afoot Quiz :Plain Feel Doctrine - √Answer :-during frisk, if officer grab something and immediately recognize it, they can seize it Quiz :Terry search of a car - √Answer :Search within arms reach unless it's locked, must have a warrant to search trunk Quiz :Commonwealth v. Mimms - √Answer :Allowed to order passengers out of a vehicle and pat down for safety Quiz :Commonwealth v. Brown - √Answer :Dying declaration Quiz :4 sources that govern police powers - √Answer :4th Amendment Article 1, Section 8 of PA Constitution Case Law PA rules of procedure Quiz :Mapp v Ohio - √Answer :Exclusionary rule: prohibits the use of illegally obtained evidence in a criminal trial Quiz :US v Leon - √Answer :Good faith exception: evidence won't be surprised if acted in good faith Quiz :Nix v. Williams - √Answer :Inevitable discovery: prove illegally seized evidence would have been found sooner or later Quiz :Katz v. US - √Answer :Expanded 4th amendment to include conversation, expectation of privacy Quiz :Illinois v Wardlow - √Answer :Mere presence in crime area isn't sufficient for terry stop Quiz :Illinois v Gates - √Answer :Totality of circumstances test Quiz :staleness - √Answer :Normally 7 days max, considered unreliable after 7 days. Quiz :Who can issue warrants in cases of arrest? - √Answer :Issuing authority within judicial district Quiz :Subject to seizure - √Answer :Fruits, instruments, contraband, other criminal evidence Quiz :Reasonable knock and announce wait time - √Answer :2 announcements and 45 seconds Quiz :Exceptions to search warrant - √Answer :Existent circumstances, plain view, cars, smell and feel Quiz :Use of force amendments - √Answer :4, 8, 14 Quiz :Golden Rule Test - √Answer :Use only force necessary to affect arrest, when suspect stops, so do you Quiz :Tennessee v Garner - √Answer :Shooting of an unarmed,, nonviolent fleeing felony suspect violates the 4th Amendment Quiz :Graham v Connor - √Answer :Reasonableness of use of force judged from viewpoint of another officer on scene Quiz :Brower v Inyo County - √Answer :Excessive force: Vehicle deadly force is excessive when wanted for a nonviolent crime. Quiz :When to use deadly force - √Answer :Armed, fleeting a crime where deadly force was used or threatened, immediate arrest is necessary to prevent suspect from escaping Quiz :Commonwealth v Mocoliocco - √Answer :Ethnic intimidation/possession of instruments of a crime Quiz :Georgia v Randolph - √Answer :Without a warrant police have no constitutional right to search a house Quiz :Process of a crime scene - √Answer :- Secure - Interview - Examine - Photograph - Bag & Tag Quiz :prima facie - √Answer :sufficient to establish a fact or raise a presumption unless disproved or rebutted Quiz :reasonable suspicion - √Answer :a suspicion based on specific facts; less than probable cause. Sufficient to believe criminal activity is occurring Quiz :Force continuum - √Answer :1. Presence 2. Verbal commands 3. Hands/restraints 4. Intermediate force (Taser, OC, baton) 5. Deadly force Quiz :Use of force section - √Answer :508 Quiz :Felony 1st Degree - √Answer :No more than 20 years, $25,000 fine - rape, arson, kidnapping, burglary Quiz :Felony 2nd Degree - √Answer :No more than 10 years, $25,000 fine - burglary with no occupants, DUI related homicide, statutory sexual assault Quiz :Felony 3rd Degree - √Answer :No more than 7 years, $15,000 fine - terroristic threats, carrying gun w/o permit Quiz :Misdemeanor 1st Degree - √Answer :No more than 5 years, $10,000 fine - prostitution, assault on official Quiz :Misdemeanor 2nd Degree - √Answer :No more than 2 years, $5,000 fine - bigamy, impersonating public servant Quiz :Misdemeanor 3rd Degree - √Answer :No more than 1 year, $2,500 fine - prowling, open lewdness Quiz :Murder degrees - √Answer :1st - intentional 2nd - during act of felony crime 3rd - voluntary manslaughter (crime of passion) Quiz :Criminal trespass - √Answer :Section 3503, no intent to commit a crime necessary Quiz :Robbery - √Answer :3701 - Stealing by force or threatening of force. Quiz :disorderly conduct - √Answer :5503 - Intentionally or recklessly causing public inconvenience (summary) M3 if they intend to cause serious inconvenience Quiz :Purpose of title 18 - √Answer :Forbid or prevent conduct that harms people without justification Quiz :Totality of Circumstances - √Answer :A court review of all factors known to the officer at the time of the incident Quiz :Types of Warrants (6) - √Answer :Body warrant Warrant for fine and cost Duplicate warrant Re-issue warrant John Doe warrant Bench warrant Quiz :Reasonable expectation of privacy - √Answer :Self, in Home/business, I'm curtilage, public place where privacy is implied Quiz :Field sobriety test - √Answer :No law requires test, merely adds evidence against defendant Quiz :CLEAN system - √Answer :Vehicle information and drivers information Quiz :5 categories of controlled substances - √Answer :Cannabis Narcotics Stimulants Depressants Hallucinogens Quiz :exigent circumstances - √Answer :Hot pursuit, armed and dangerous, violent crime in progress, in need of immediate police/medical attention Quiz :Commonwealth v Jefferson - √Answer :Presence in high crime area and a subjects flight upon observing police probably means criminal activity is afoot. Terry stop permitted Quiz :PA Criminal Procedure - √Answer :Crime Investigation Police file complaint Private complaint filed Summons Preliminary arraignment (set charges/bail) Preliminary hearing (Prima Facia) Formal arraignment (submit plea) Trial Sentencing Appeal Quiz :Subpoena - √Answer :Court order requiring a person to testify in court Quiz :Expressed consent - √Answer :Specifically unquestionable: - Verbal - Written Quiz :Implied consent - √Answer :Consent implied by actions: - raising of hands - implied by gestures Quiz :Search warrant must include - √Answer :Time/date Description of place to be searched Description of what/who to be seized Quiz :9th Amendment - √Answer :Citizens entitled to rights not listed in the Constitution Quiz :10th Amendment - √Answer :Powers not given to federal government go to people and States Quiz :2 ways officers can be sued for - √Answer :Recklessly Maliciously Quiz :What section is snow and ice dislodged or falling from moving vehicle? - √Answer :3720, fine $200-$1,000 Quiz :Duties of a driver in an emergency response area section? - √Answer :3327, fine $250 Quiz :Simple assault - √Answer :2701, M2 unless underage then M1. Attempts or intentionally, knowingly, or recklessly causes bodily injury or fear of bodily injury Quiz :aggravated assault - √Answer :2702, F1 Attempts to cause serious bodily injury, includes peace officers Quiz :Terrorism - √Answer :2717 - Intimidate or coerce a civilian population, F3 unless mass destruction then F1 Quiz :Luring section - √Answer :2910 - M1, if under 13 then F2 Quiz :What surface is not necessary to treat chemically, use powder instead? - √Answer :Non-porous Quiz :Reckless driving fine - √Answer :3736 - $200 Quiz :Commonwealth v Edmunds - √Answer :Good faith rule Quiz :Terry v Ohio - √Answer :Stop and frisk Quiz :Miranda v. Arizona - √Answer :The accused must be notified of their rights before being questioned by the police Quiz :What agency investigates civil rights violations - √Answer :FBI Quiz :Stare decisis - √Answer :Case law or precedent Quiz :3 Inchoate Offenses - √Answer :Criminal attempt Criminal solicitation Criminal conspiracy Quiz :Rules of criminal procedures title - √Answer :Title 234 Quiz :Penalty section for drug offenses - √Answer :780- 113 Quiz :Generic fingerprinting - √Answer :DNA matching Quiz :Commonwealth v Grey - √Answer :Nervous suspect doesn't not equal reasonable suspicion Quiz :What rule does not apply to evidence in PA - √Answer :Good faith rule Quiz :Theft - √Answer :3900 F3 - over $2,000 or vehicle/airplane/vessel F2 - $100,000-$500,000 F1 - of firearm is stolen, over $500,000 M3 - $50-$200 Quiz :PA vehicle code title? - √Answer :Title 75 Quiz :Vehicle code: licensing of drivers - √Answer :1500 Quiz :Vehicle code: commercial driver - √Answer :1600 Quiz :Vehicle code: classic vehicle - √Answer :15 years old Quiz :Vehicle code: change of address in how many days - √Answer :Within 15 days Quiz :Vehicle code: junior drivers license can't drive when - √Answer :Between 11p-5a Quiz :Vehicle code: turn signal when - √Answer :Less than 35mph - 100 ft Over 35mph - 300ft Quiz :Vehicle code: antique vehicle - √Answer :25 years old Quiz :Vehicle code: gross weight - √Answer :Combined weight of vehicle or combination of vehicles Quiz :Vehicle code: chapter for fees? - √Answer :1900 Quiz :Vehicle code: registration chapter - √Answer :1300 Quiz :Vehicle code: insurance chapter - √Answer :1700 Quiz :12th Amendment - √Answer :separation of votes for President and Vice President Quiz :5 levels of certainty - √Answer :Beyond a reasonable doubt Probable cause Preponderance of evidence Reasonable articulable suspicion (RAS) Mere officer suspicious Quiz :3 acts during probable cause - √Answer :Arrest Search/Seizure warrant Warrantless search exception Quiz :7 warrantless search/seizure exceptions - √Answer :Search incident to arrest Consent Stop/frisk Plain view Abandoned property Exigency Open fields Quiz :Arizona v Gant - √Answer :Area within reach, lunge or grab can be searched Quiz :Search incident to arrest - √Answer :Probable cause to make arrest Lawful arrest made Conduct a search incident to arrest Quiz :Carroll Doctrine - √Answer :Doctrine that allows legal search of a readily moving vehicle Quiz :US v Jones - √Answer :Court found that police use of a GPS tracker constituted a 'search' and required a valid warrant Quiz :Oliver v US - √Answer :No privacy in an open field under federal law Quiz :Weeks v US - √Answer :Established exclusionary rule, evidence gotten without a warrant isn't admissable in a federal court Quiz :