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2024 MPOETC - SEARCH AND SEIZURE, CRIMINAL PROCEDURE TEST REVIEW EXAM WITH CORRECT ANSWERS
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2024 MPOETC - SEARCH AND SEIZURE, CRIMINAL PROCEDURE TEST REVIEW EXAM WITH CORRECT ANSWERS
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2024 MPOETC - SEARCH ANDSEIZURE, CRIMINAL PROCEDURE
TEST REVIEW EXAM WITH
CORRECT ANSWERS
When would you use the "Four Factor Test?" - CORRECT ANSWERS-Use it
when dealing with an anonymous source or confidential informant
Who may issue a search warrant? - CORRECT ANSWERS-District judge or
judge in the court of common pleas
Where is the power of Search and Seizure derived from? (4) - CORRECT
ANSWERS-US Constitution - 4th Amendment
PA Constitution - Article I Section 8
PA Rules of Criminal procedure
Case law from PA and US Court Cases
Where does the 4th Amendment provide protection in? (4) - CORRECT
ANSWERS-Houses
Persons
Places
Effects - papers included
Who's power to search and seize is limited by the 4th Amendment? -
CORRECT ANSWERS-Law enforcement / government and its agents - private
citizens acting at police officer's request
What is needed in order to obtain a warrant? (in general) - CORRECT
ANSWERS-Probable cause
What needs to be "particularly described" in order to obtain a warrant? -
CORRECT ANSWERS-The person or place to be searched, and the person or
thing to be seized
What is "staleness"? - CORRECT ANSWERS-Probable cause gets "stale" with
age. Info must be recent to have probable cause
What was the result of Illinois v. Gates? - CORRECT ANSWERS-Established
the "Totality of Circumstances Test" when dealing with legality of a search
, What is an Anticipatory Search Warrant? - CORRECT ANSWERS-A search
warrant that shows at a particular time, evidence subject to seizure will be
located at a specific place or on a specific person
Who files a motion to suppress evidence? - CORRECT ANSWERS-A motion to
suppress is filed by the defense or defendant
Who has the burden to prove that a seizure was legal?
How is that burden proved? - CORRECT ANSWERS-The Commonwealth has
the burden to prove and can do so by calling the officer to testify
What are 3 Exigent Circumstances that serve as EXCEPTIONS to the warrant
requirement? - CORRECT ANSWERS-1. Risk of injury or death to officers or
bystanders
2. Destruction of evidence
3. Fleeing suspect
What are the 12 exceptions to the warrant requirements? - CORRECT
ANSWERS-Exigent circumstances
Destruction of evidence
Fleeing suspect
Officer safety
Hot pursuit
Search incident to arrest
Emergency aid
Consent
Inventory
Automobiles
DUI
Administrative search
If a search or seizure goes beyond the reasonable expectation of privacy,
what is needed? - CORRECT ANSWERS-A warrant
What is needed in order to have a reasonable expectation of privacy? (2) -
CORRECT ANSWERS-The expectation must be ACTUAL and REAL
There is no expectation of privacy for anything in public view
What is needed in order to pat someone down? A reasonable suspicion that
_______ and ______. - CORRECT ANSWERS-A crime has occurred and the
suspect has a weapon
A violation of the 4th Amendment can lead to what 4 things? - CORRECT
ANSWERS-Suppression of evidence
Lawsuit
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