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2025 MPOETC FINAL EXAM 2025/ACTUAL
200 +Qs&As|LATEST UPDATE|100% PASS
GUARANTEE|
What statute allows citizens to use force? - ANSWER > 505 What statute allows law enforcement to use force? **- ANSWER
508** Statute of Limitations - ANSWER > Time you were made aware of charges What are the four types of culpability? - ANSWER > Intentionally Knowingly Recklessly Negligently What is not a defense of culpability? (304) - ANSWER > Ignorance of the law Voluntary intoxication/drugged What is a defense for culpability? - ANSWER > Duress Insanity Guilty but mentally ill Involuntary intoxication
What types of encounters does law enforcement have with the public? - ANSWER
Mere encounter Investigatory detention Custodial detention/arrest What type of proof do you need for an investigatory detention? - ANSWER > Reasonable suspicion What type of proof do you need for a custodial detention? - ANSWER > Probable Cause What are the three components of the Criminal Justice System? - ANSWER > Law enforcement Courts Corrections Level of Government - ANSWER > Local/municipal County State Federal
- presentation of prosecution
- presentation of defense, if defendant elects to do so Bail - ANSWER > A bond to insure the appearance of the defendant in court if they are not to be held in custody until trial ROR ( released on recognizance) - ANSWER > Their word they will appear in court is their bond PA is the only state in which the grand jury has what? - ANSWER > No authority to indict Pre-motion Trial - ANSWER > These motions may address the admissibility of evidence, or venue changes
In this stage the plea negotiations most likely will take place or diversionary programs such as Accelerated Rehabilitative Disposition What are the three eras of policing? - ANSWER > Political era Reform era Community era
Political Era - ANSWER > Police often obtained their job as favors by
politicians to constituents who had financially backed them
Ex. big buff male would get job) Reform Era - ANSWER > Narrowed police function to crime control/reactive, incident driven police service Ex. DARE program Community Era - ANSWER > We are currently in this era Develop a sense of lawfulness in our society
We want their input, we want them to invest in their community police agency (partnership) S.A.R.A Model - ANSWER > Scanning Analysis Response Assessment Crime Triangle - ANSWER > Offender Place Target/victim Discretion - ANSWER > The right to choose what should be done in a particular
Prima Facie - ANSWER > Was there a crime committed
The victim is saying that it was committed There is an actor who committed it Rule 600 - ANSWER > Guarantees the right to a speedy trial for all criminal defendants; the Commonwealth (District Attorney) is required to bring a criminal defendant to trial If person is out of jail: 365 days If person is in jail: 180 days ** if not met within 180 days, person is released on conditions;ex. halfway house, programming) What is the retrial period for an individual in jail and a mistrial takes place? - ANSWER > 1 20 days Four Sources of Law Governing Police Officers Power to Arrest - ANSWER > 4th Amendment Article 1 Section 8 (PA) Case Law (US & PA court decision) Statutory Law (PA rules of criminal procedure) What is the minimum legal proof necessary to justify the seizure of a person by
lawful authority?
- ANSWER > Probable cause 4 Corner Rule - ANSWER > If it's not in the affidavit it DOES NOT count Sources of Probable Cause - ANSWER > Observation made through officers senses
Reliable info that the officer received from others Info that the officer receives through investigation What are the two clauses that fall under the 4th amendment? - ANSWER > Privacy clause Warrant clause Privacy Clause - ANSWER > People have the right to be secure (feel safe) in their persons (arrest), houses (home), papers & effects from unreasonable searches & seizures Only prohibits unreasonable searches Warrant Clause - ANSWER > Warrant must be: - based on probable cause - supported by oath or affirmation (judicial authority to sign off; judge/magistrate) - describe place to be search
Forced Abandonment Example - ANSWER > Two people talking, officer stated "hey come here", & they take off running & drop bag; officer looks in & finds drugs
Arrest is not good b/c of forced coercion Commonwealth v. Gary - ANSWER > Permitted to search vehicle w/ probable cause to stop vehicle Independent probable cause separate from the traffic stop Independent probable cause that evidence of a crime or contraband is in the vehicle Justification for a Detention - ANSWER > Flight High Crime Area Officer's Experience Tips Anonymous Tips Combined, these justifications create justifications Grading - ANSWER > The grading of the offense dictates whether a physical arrest can be made on scene, the actor is released & summoned or an arrest warrant must be filed for prior to arrest
Tolling - ANSWER > A legal doctrine the allows for the pausing or delaying of the running of the period of the time set forth by a statute of limitations On View Arrest - ANSWER > Any felony, or any misdemeanors in view of officer, based on grading or exception to laws of arrest when authorized by law Summary Offense - ANSWER > Not classified as a crime, but as an offense
Imprisoned no more than 90 days, no more than $300 fine M'Naghten Rule - ANSWER > Rule that determines whether a suspect's plea for criminally insane is accepted or not a test for criminal insanity Deadly Force - ANSWER > Capable of causing death/serious bodily injury/permanent disfigurement Inchoate Crimes - ANSWER > Crimes that are committed before or in preparation for committing another crime Offenses - ANSWER > Felony 1: 20yrs, $25,000 fine Felony 2: 10 yrs, $25,000 fine Felony 3: 7 yrs, $15,000 fine
Statutes of Limitations - ANSWER > Felony: 5 yrs
Misdemeanor: 2 yrs Summary Offense: 30 days How many people are needed for a criminal conspiracy? - ANSWER > 2 or more What case law established use of deadly force? - ANSWER > Tennessee v. Garner Suspect ran, officers shot suspect while fleeing Which case law established the reasonable officer standard? - ANSWER > Graham v. Connor Based on the same facts & circumstances, what would another officer most likely do in the same scenario Which offenses mandate arrest? - ANSWER > Meghans law violations Domestic Violence Theft Offense - ANSWER > Property stolen is a firearm: F Amount stolen is $100,000 or more but less than $500,000: F Amount exceeds $2,000 or property stolen is automobile or some type of vehicle: F $500,000 or more: F More than $200 but less than $2000: M
> $50-$200: M
Less an $50: M In order for it to be a riot - ANSWER > Must be you & two other people You + two = riot Service Guide or Support Dog - ANSWER > A dog that is trained to work or perform tasks to benefit of an individual w/ a disability consistent w/ federal &
state law related to service animals; people who have these animals are not required to have markings/paper & do not have to tell you their disability
Two animals allowed: dog & miniature pony Bill of Rights - ANSWER > First 10 amendments to the Constitution Article 1 Section 6 - ANSWER > Provides that the right to trial by jury applies both to the commonwealth & the accused Article 1 Section 8 - ANSWER > Has been held to provide increased protection of the right to privacy in PA searches & seizures Ex. remedy for violation of knock & announce rule is exclusion
of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ Bodily Injury - ANSWER > Impairment of physical condition or substantial pain Deadly Weapon - ANSWER > Any firearm, whether loaded or unloaded, or any device designed as a weapon and capable of producing death or serious bodily injury, or any other device or instrumentality which, in the manner in which it is used or intended to be used, is calculated or likely to produce death or serious bodily injury Ages regarding Rape/Statutory Sexual Assault - ANSWER > Rape of a Child=Less than 13 years of age
Statutory Sexual Assault=Under the age of 16 years and that person is:
- 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.
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. Considered to be a child under 13 years of age, under 16 still minor but not written as an offense of a child Criminal Attempt - ANSWER > A person commits an attempt when, with
intent to commit a specific crime, he does any act which constitutes a SUBSTANTIAL STEP toward the commission of that crime Theft vs Robbery - ANSWER > Robbery is theft by force and it is still robbery even if you don't get anything.) Example of Theft of Services - ANSWER Leaving before paying for a haircut would constitute theft of services. Retail Theft - ANSWER > Change price on items, walks out with merchandise, remove security tag, remove merchandise from container, under-ringing; basically any intent to deprive merchant of cost of item or the item itself
Do not have to leave store In order to charge grading of retail theft, it depends on the AMOUNT STOLEN+PRIOR CONVICTIONS 1st Offense which is less than $150 is a Summary Offense 2nd Offense of less than $150 is a Misdemeanor 2 What's the disposition we need for prior arrests and convictions? - ANSWER > You need: the name of the Judge, the date of the case, and the case number to prove prior convictions In order to give consent what state of consciousness must they be in? -
PUBLIC. (Cannot be charged if you are in your own abode) Protected Class of People - ANSWER Police Officer, firefighter, County adult probation or parole officer, county juvenile probation or parole officer, an agent of the PA board of Probation and Parole, Sheriff, Deputy Sheriff, Liquor Control enforcement agent, Officer or employee of a Correctional institution, Judge of any court, The attorney general, a deputy attorney general, a district attorney, an assistant district attorney, A public defender, Federal/state/local law enforcement official, PARKING ENFORCEMENT, EMERGENCY MEDICAL SERVICES PERSONNEL, GOVERNOR, UTILITY SERVICE WORKERS, CHILD AND YOUTH SERVICES, FISH AND GAME COMMISSION Elements of Strangulation - ANSWER > KNOWINGLY or INTENTIONALLY impeding the breathing or circulation of blood of another person by:
- 1 - Applying pressure to the throat or neck or
- 2 - blocking the nose and mouth of the person
The lack of physical injury to a victim shall NOT be a defense in a prosecution under this section
Receiving Stolen Property - ANSWER > Receiving or buying property that is known or reasonably believed to be stolen.
THE GRADING IS SAME AS THEFT
Ethnic Intimidation - ANSWER > You need a base crime in order to charge this.
Can be charged with arson, criminal mischief, property destruction Propulsion of Missiles - ANSWER > Throwing beer cans onto overpass Simple Assault vs Aggravated Assault - ANSWER > Simple: Bodily injury Aggravated: Serious bodily injury Prohibited Offensive Weapons - ANSWER Any bomb, grenade, machine gun, sawed-off shotgun with a barrel less than 18 inches, firearm specially made or specially adapted for concealment or silent discharge, any blackjack, sandbag, metal knuckles, dagger, knife, razor or cutting instrument, the blade of which is exposed in an automatic way by switch, push-button, spring mechanism, or otherwise, any stun gun, stun baton, taser or other electronic or electric weapon or other implement for the infliction of serious bodily injury which SERVES NO COMMON LAWFUL PURPOSE Burglary - ANSWER > ALL INCLUSIVE CRIME Can only charge other crime if it is a FELONY 1 or FELONY 2
Where does the Municipal Jurisdiction Act Apply? - ANSWER > The officer is acting pursuant to an order issued by a court of record
The officer is in hot pursuit
