1. 4 Corner Rule - ANS-> If it's not in the affidavit it DOES NOT count
2. 4 Corner Rule - ANS-> What is written in the affidavit is considered, anything not on
that document did not happen
3. Abandoned Property - ANS-> Abandoned property is admissible evidence except
where abandonment is coerced by lawful police action (Commonwealth v. Harris)
4. Abandonment Example - ANS-> Two people talking, they see the police, get nervous,
run & drop bag; officer looks in bag & finds drugs
5. > Arrest is good b/c abandonment (on own free will)
6. Affiant - ANS-> The person who makes & subscribes his signature to an affidavit
7. > This is typically the police officer but can also be a private citizen
8. Affidavit - ANS-> Document we are suing to put down what crime is being committed,
the elements of the crime & evidence towards the crime
9. Ages regarding Rape/Statutory Sexual Assault - ANS-> Rape of a Child=Less than
13 years of age
10. > Statutory Sexual Assault=Under the age of 16 years and that person is:
11. - 1). 4 years older but less than 8 years older than the complainant; or 2). 8 years
older but less than 11 years older than the complainant.
12. > F1 however if person engages in sexual intercourse with a complainant under the
age of 16 years and that person is 11 or more years older than the complainant.
13. > Considered to be a child under 13 years of age, under 16 still minor but not written
as an offense of a child
14. Arizona v. Hicks - ANS-> Bullet fired through an apt. floor; police enter looking for
shooter/victims/weapons
15. > They seize weapons & then notice stereo equipment, wrote down serial numbers
16. > Held that the 4th Amendment requires the police to have probable cause to seize
items in plain view
17. > Exigent circumstances ended when weapons were seized, so stereo equipment is
out (needed a warrant & independent PC)
18. > Plain view doctrine violated, wasn't immediately apparent status of item as stolen
19. Arraignment - ANS-> To inform the accused of the charges brought against him
20. > Defendant is not entitled to present a defense at this time; no defense, not a
hearing, just the charges
21. Arraignment vs Preliminary Hearing - ANS-> Arraignment: notify defendant of the
charges; no defense allowed
22. > Preliminary Hearing: prima facie or evidence presented
23. Arrest Defined - ANS-> The taking of a person into custody by lawful authority. A
reasonable impression is conveyed to the person being arrested that he/she is under
arrest. Under the WILL+CONTROL of the officer for purposes of arrest
24. > An officer who says nothing may still convey an impression to the actor that he/she
is under arrest, but always identify yourself as an officer and reveal your
purpose+authority unless it is obvious
, 25. Article 1 Section 10 - ANS-> Provides strict standards for double jeopardy, as well as
the method by which criminal proceedings are to be initiated by info
26. Article 1 Section 13 - ANS-> Provides that excessive bail shall not be allowed, nor
excessive fines imposed
27. Article 1 Section 15 - ANS-> Eliminates the creation of special tribunals or
commissions to try certain types of crimes
28. Article 1 Section 17 - ANS-> Disallows passage of ex past facto laws; only applies to
penal statutes & must impose a punishment for an act which was not punishable at
the time it was committed, or impose additional punishment to that then prescribed
29. Article 1 Section 21 - ANS-> Provides the right to bear arms
30. Article 1 Section 6 - ANS-> Provides that the right to trial by jury applies both to the
commonwealth & the accused
31. Article 1 Section 8 - ANS-> Has been held to provide increased protection of the right
to privacy in PA searches & seizures
32. > Ex. remedy for violation of knock & announce rule is exclusion
33. Article 1 Section 9 - ANS-> Provides strict standards for the rights of the accused in a
criminal trail; it also provides for a speedy trial that has resulted in the 180 day rule;
also allows the accused to be impeached w/ his own suppressed voluntary statement
34. Bail - ANS-> A bond to insure the appearance of the defendant in court if they are not
to be held in custody until trial
35. Bail Bond - ANS-> A document guaranteeing the appearance of a defendant in court
as required and recording the pledge of money or property to be paid to the court if
he or she does not appear, which is signed by the person to be released and anyone
else acting on his or her behalf
36. Bench Warrant - ANS-> An arrest warrant issued directly by the judge when an
accused person fails to appear in court
37. Bill of Rights - ANS-> First 10 amendments to the Constitution
38. Bodily Injury - ANS-> Impairment of physical condition or substantial pain
39. Booking Center - ANS-> A facility utilized for the processing and identification of
individuals arrested, charged or accused of a crime (part of the booking process)
40. Burglary - ANS-> ALL INCLUSIVE CRIME
41. > Can only charge other crime if it is a FELONY 1 or FELONY 2
42. Common Pleas Court (criminal court) - ANS-> Trial by jury
43. > Trials have two primary stages:
44. - presentation of prosecution
45. - presentation of defense, if defendant elects to do so
46. Commonwealth v Gary - ANS-> 1.) Permitted search vehicles
47. > 2.) Established independent probable cause
48. > 3.) Evidence of Crime/contraband is located inside vehicle. Can search vehicle
where stopped. Can remove vehicle and search w/n 3 days
49. > 4.) Can search occupants.
50. > 5.) Can search containers. Established Probable Cause to search car if you smell
Marijuana, no need to get search warrant
51. Commonwealth v. Gary - ANS-> Permitted to search vehicle w/ probable cause to
stop vehicle
52. > Independent probable cause separate from the traffic stop
53. > Independent probable cause that evidence of a crime or contraband is in the
vehicle
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