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2024 MPOETC EXAM 4 WITH CORRECT ANSWERS
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2024 MPOETC EXAM 4 WITH CORRECT ANSWERS
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2024 MPOETC EXAM 4 WITHCORRECT ANSWERS
Warrants and Arrests - CORRECT ANSWERS-Warrants and arrests are the
same, a warrant is just prior approval from a neutral magistrate. Arrest is
take into custody.
Purpose of Criminal Procedure - CORRECT ANSWERS-Criminal Procedures are
safeguards against the indiscriminate application of criminal laws and the
wanton treatment of suspected criminals Rules provide for consistency of
how persons accused of crimes are treated CONSISTENTLY and FAIRLY with
UNIFORMITY
Arizona v. Hicks - CORRECT ANSWERS-- Bullet fired through an apt. floor,
police enter looking for shooter/victims/weapons, they seize weapons and
then notice stereo equipment, wrote down serial numbers *held that the
Fourth Amendment requires the police to have probable cause to seize items
in plain view.*
- Exigent circumstances ended when weapons were seized, so stereo
equipment is out (needed a warrant and independent PC). Plain view
Doctrine violated, wasn't immediately apparent status of item as stolen
PA Courts - CORRECT ANSWERS-7 Supreme Court Justices
15 Superior court Judges and 9 Commonwealth Judges
451 Court of Common Pleas Judges
516 Magistrate Court Judges
court case - CORRECT ANSWERS-Is a case in which one or more of the
offense charged is a misdemeanor, felony, or murder of the first, second, or
third degree
Under Selective Incorporation... - CORRECT ANSWERS-The Supreme Court
has left to the states to properly define excessive bail
Does the heinous nature of the crime excuse the violation of the constitution
by law enforcement? - CORRECT ANSWERS-NO, If police act in bad faith it
does not matter the crime. Once the constitutional rights are violated it does
not matter.
, Criminal Procedure - CORRECT ANSWERS-The framework of laws and rules
that govern the administration of Justice
Violations of the rules... - CORRECT ANSWERS-Can lead to dismissal of
criminal charges, civil liability, and administrative disciplinary actions against
officers
Mapp v. Ohio - CORRECT ANSWERS-Established the exclusionary rule was
applicable to the states (evidence seized illegally cannot be used in court).
"the criminal goes free, if he must, but it is the law that sets him free"
Limited Scope of Police Action - CORRECT ANSWERS-Even when justified by
probable cause or reasonable suspicion, searches and seizures are confined
by limitations of space and time
Williams vs. Nix (1968) - CORRECT ANSWERS-10 year old girl abducted,
raped, and murdered in Iowa at a YMCA by escaped mental patient Williams.
Body dumped in ditch on side of the road, suspect taken into custody in
Illinois. Suspect invoked 6th amendment right to counsel but the Police
question him in car on the way back to Des Moines, Iowa. Suspect confesses
to murder and shows the police where evidence may be and takes police to
where body is discovered. CONFESSION GOT SUPPRESSED.
This created an "inevitable discovery" exception to the exclusionary rule. The
exclusionary rule makes most evidence gathered through violations of the
Fourth Amendment to the United States Constitution, which protects against
unreasonable search and seizure, inadmissible in criminal trials as "fruit of
the poisonous tree". In Nix, the Court ruled that evidence that would
inevitably have been discovered by law enforcement through legal means
remained admissible
Rule 509: Use of Summons or Warrant of Arrest in Court Cases - CORRECT
ANSWERS-Misdemeanor 1 and higher is a warrant
Misdemeanor 2 and lower is a summons
No actor is present
For Summons: M2 or Lower (criminal code is M2 or lower, Vehicle code is M1
and lower for DUI), must be reason to believe actor is not a threat to self or
others and will obey the summons.
For Warrant: Felony or Murder or M1, reasonable grounds to believe the
defendant will not obey summons (ex: summons was undeliverable, past
history of not obeying, identity is unknown of defendant) or the issuing
authority believes the defendant poses a threat to himself or others.
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