MPOETC act 120 Final Test Questions with Answers 1st Amendment (1791) - Answer -Freedom of Religion, Speech, Press, Assembly, and Petition 2nd Amendment - Answer -Right to bear arms 3rd Amendment (1791) - Answer -Soldiers can't quarter in any house, without the consent of the Owner 4th Amendment (1791) - Answer -Protection against Unreasonable Search and Seizure 5th Amendment (1791) - Answer -The Right to Remain Silent/Double Jeopardy, right to due process 6th Amendment (1791) - Answer -The right to a Speedy Trial by jury, representation by an attorney for an accused person 7th Amendment - Answer -Right to a trial by jury in civil cases 8th Amendment (1791) - Answer -Prohibits excessive fines and excessive bail/and cruel unusual punishment 9th Amendment (1791) - Answer -Citizens entitled to rights not listed in the Constitution 10th Amendment (1791) - Answer -Powers not given to federal government go to people and States 12th Amendment (1804) - Answer -separation of votes for President and Vice President 14th Amendment (1868) - Answer -citizenship, due process, equal protection Bill or Rights - Answer -First 10 amendments to the Constitution PA Constitution - Answer -More restrictive than US Constitution Statutes - Answer -written laws enacted by legislatures Civil rights violations - Answer -Unlawful arrest, search and seizure without probable cause, Unwarranted physical violence, Holding a prisoner beyond limitations When can officers enter another jurisdiction - Answer -Hot pursuit, asked, mutual aid, official business and felony crimes Case laws - Answer -Written decision of appellate courts deciding actual cases Tort - Answer -violation of civil law probable cause - Answer -Facts and circumstances that lead a reasonable person to believe a crime has been committed and the suspect committed the crime 3 branches of government - Answer -Legislative, Executive, Judicial What branch of government do police fall under - Answer -executive PA Court System - Answer -Common Pleas, Circuit, Supreme US Court System - Answer -district, circuit, supreme Grading of crimes - Answer -felonies, misdemeanors, and summaries State of Mind (mens rea) - Answer -Recklessly, intentionally, willingly, knowingly Where are statues of limitations found - Answer -Title 42, section 5552. Judiciary code Codification - Answer -The act or process of rendering laws in written form 2 elements of a crime - Answer -Physical act of crime (Actus Reus), Mental intend to do so (Mens Rea) Instrument of a crime - Answer -Any instrument that is intended to be used to commit a crime 1st degree murder - Answer -2502 - killing that is premeditated, deliberate and done with malice Felony Crimes - Answer -Murder, rape, kidnapping, arson, robbery, burglary, embezzlement, forgery, theft, and perjury Voluntary Manslaughter - Answer -2503 - unlawful killing of a human being in sudden heat of passion upon sufficient legal provocation. Felony 2 Stalking - Answer -2709 - repeatedly following, harassing, or threatening an individual. Misdemeanor 1 kidnapping - Answer -2901 - the unlawful removal or restraint of a person against his or her will Rape - Answer -3121 - the penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim burglary - Answer -3502 - the unlawful entry of a structure to commit a felony or theft. Felony 1 Criminal Mischief - Answer -the intentional or knowing damage or destruction of the tangible property of another Police powers derive from - Answer -Constitution, case law and statutory law Affient - Answer -Any responsible person capable of taking an oath affirming criminal complaint 5 Types of bail - Answer -Non-monetary, unsecured, nominal, monetary, release of recognizance (ROR) venue - Answer -Boundaries which a court has jurisdiction and authority Statute of Limitations - Answer -Summary - 30 days Misdemeanor - 2 years Felony - 5 years Homicide - No Limit 4 corners rule - Answer -If it is not within the 4 corners of the contract, than it doesn't exist Search warrant time limit - Answer -48 hours Night time warrant hours - Answer -2200 - 0600 How long to file a citation - Answer -within 5 days How long to respond to a citation - Answer -within 10 days Defendant has a right to a preliminary hearing - Answer -Within 3 -10 days after arrest Time limit for trial - Answer -180 days if incarcerated 365 if not Minimal legal proof to justify arrest? - Answer -probable cause
