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MPOETC ACT 120 Cert Test | 100% Correct
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What are the Graham (Graham v Connor) Factors? - โโ Seriousness of the offense Immediate Danger Resistance Flight What 4 things are needed for Consent to search? - โโ Authority to give consent Knowing and voluntary Scope Execute Lawfully 4 types of authority to give consent - โโ Joint Ownership Common Authority Temporary Control Apparent Authority Joint Ownership consent factors - โโ
- Any owner can give consent
- Each has the right to withdraw consent
- Each owner can temporarily give interest in property to another Common Authority consent types - โโ Parents/Children
Adult Children/Parents Employer/Employee Burden of Proof at Suppression Hearing? - โโPreponderance of the Evidence Areas covered under 4th Amendment - โโ Persons Houses Papers Effects What are the consequences of illegal searches and seizures? - โโ Suppression of Evidence Police Discipline Civil Lawsuits Criminal Prosecution What are the sources of Police Legal Authority? - โโ U.S. Constitution PA Constitution Caselaw Statutes Rules of Criminal Procedure Where do Suppression Hearings occur? - โโCourt of Common Pleas Where do Jury Trials occur? - โโCourt of Common Pleas
4th Amendment "Papers" protections extends to what? - โโ-Documents owned
- bank records
- telephone records
- medical records 4th Amendment "Papers" does NOT protect these - โโ-sent emails
- chat room communications 4th Amendment "Effects" protections extend to what? - โโ-bags
- cars
- private workspace
- public bathrooms 4th Amendment "Effects" does NOT cover these - โโ-name and address from bank records
- shared work space
- package addressed to 3rd party and not an alias No reasonable expectation of privacy regarding... - โโ-Abandoned Property
- Aerial view of home
- Observations with flashlights
- Publicly exposed Conversations Exceptions to Exclusionary Rule - โโ-Good Faith (Not in Pa)
- Inevitable Discovery (
- Independent Source Doctrine
- Attenuation
Good Faith Exception - โโ-Not in Pa
- if something is wrong with warrant, evidence is not suppressed inevitable discovery definition - โโFind evidence the wrong way first, but they would have found it the right way eventually Independent Source Doctrine definition - โโEvidence found the wrong way. It gets suppressed. But it's not going anywhere, so an independent investigation is done the right way results in getting evidence. Attenuation definition - โโSo far removed from the screw up that not ALL evidence is suppressed. Witness Values - โโ1. Eye witness
- Reliable CI
- CI
- Anonymous Source How long do you have to execute a warrant after it's issued? - โโ48 hours 3 types of Police encounters - โโ-Mere encounter
- Investigative detention
- Custodial Arrest What CAN you do on traffic stops? - โโ-Ask for ID, Reg., Insurance
- Order ALL out of car
- Question about reason for stop
- Keep at scene What can you NOT do on a traffic stop? - โโ-Search for ID
- Frisk
Two types of court cases - โโ1. Summary Cases (Summaries Only)
- Court Cases (M and F) Two types of Districts - โโ1. Judicial District
- Magisterial District Venue Definition - โโGeography, location where proper filing occurs Jurisdiction definition - โโCourt's power and authority to hear a matter Types of Summary Cases - โโ1. Traffic
- Non-Traffic How long does Defendant have to appeal a Summary Case? - โโ30 days Rule 109 states what? - โโ- the case SHALL NOT BE dismissed because of defect unless...
- Defendant raises defect before the end of Summary trial or preliminary hearing AND
- Defect is prejudicial to the rights of the defendant 4 ways to initiate Summary Case - โโ1. Issue
- File
- File Complaint
- Arrest w/o warrant How long do you have to to file a citation with MDJ after issuing citation? - โโ5 days How long does Defendant have to respond to citation? - โโ10 days
When to get an arrest warrant? - โโ- Citation/Summons undelivered
- Think they won't obey the Summons General Statute of Limitations? - โโ2 years Major Offenses statute of limitations? - โโ5 years Major sex offenses statute of limitations? - โโ12 years No statute of limitations on what crimes? - โโKilling people Interview/Interrogation steps - โโP-Prepare O-Open L-Listen I-Inquire C-Consider E-End Characteristics of a good witness - โโ-Clear and concise
- Not verbose
- Willingness to cooperate
- Wont interrupt What does NOT affect witnesses? - โโReligion When to re visit victims, witnesses? - โโ 24 - 48 hours Interview definition - โโNon accusatory conversation...
Physical/Real Search Methods - โโStrip Grid Spiral Zone Two types of fingerprints - โโLatent - not visible to naked eye Patent - can see Traditional DNA examples - โโBlood Semen Saliva Excrement Soft tissue Solid matter Hair Non Traditional DNA examples - โโSweat Nasal mucus Ear wax Dandruff Skin cells Use of Force Continuum - โโDeadly Force Intermediate Force Restraint and Control Verbal
Officer Presence How long to wait before administering another Naloxone dose? - โโ2 mins Pa Act 139 does what? - โโallows LE to administer Naloxone(Narcan)
