MPOETC Study Guide

Ethical Decision Making Test
Is my decision legal?
Would my family approve?
Am I following the golden rule?
What would I do if I were being videotaped?
Primary Jurisdiction
Your municipality or a combination of municipalities
5th Amendment
Guarantees the right against self incrimination, right to due process, compensation for public taking of private property
Miranda v. Arizona
Comes from 5th Amendment.

*Court case is on the test but I forget how its asked

6th Amendment
Guarantees right to speedy trial, right to counsel, and be confronted by the witnesses against you
7th Amendment
Guarantees the right to jury by trial and established the prohibition of “double jeopardy”
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8th Amendment
Guarantees right to bail and excludes cruel and unusual punishment
Civil Laws
Custody/ child support
Landlord/ tenant disputes
Money not criminal
Laws enacted by the legislature
Process of organizing laws
Juvenile Justice
Same as adult but purpose is to rehabilitate
Beyond a reasonable doubt
Beyond a preponderance of evidence
Four types of criminal intent
Intentionally, Knowingly, Recklessly, and Negligently
Intoxication or drugged condition
Subsection 308

Not an excuse to a criminal charge unless murder charge. Makes it a lesser degree

Criminal Conspiricy
Subsection 903

Must have an agreement and a overt act

Possessing Instrument of Crime
Subsection 907

An instrument that can be used to commit a crime

Gradings of Crime
Murder (differences of degree)
1st- intentional killing
2nd- murder during the act of committing a felony
3rd- If not first or second its 3rd

* Good info to know but not on exam

Elements of Harassment
Intent to harass

Summary or misdemeanor

Place someone in fear of bodily injury or to cause substantial emotional distress

Misdemeanor or felony

Can you be convicted of burglary and the underlying offense?
No unless underlying offense is a felony of 1st or 2nd degree

*Burglary and Robbery are key statutes to know!!!

Criminal Trespass
Section 3503

No intent to commit a crime

Section 3701

Theft or attempted theft
Assault or attempted assault

Theft by deception
Section 3922

Someone asks you to donate money to a corporation or charity and you pocket the money

Theft of property, lost, mislaid, or delivered by mistake
Section 3924

Finders keepers is not the law

Retail Theft
Section 3929

Take property that is being offered for sale by the store

Theft of leased property
Section 3932

You rent a car and don’t return it

Section 4101

Altering writing a check
Printing your own money or checks

Bad Checks
Section 4105

Writing a check, knowing you don’t have the money to cover costs

False reports to law enforcement authorities
Section 4906

Implicate somebody else for a crime
Reporting a crime that didn’t happen
Burning your car and reporting it stolen

Hindering apprehension or prosecution
Section 5105

An accessory to someone to committed a crime. Have to know they committed a crime

Disorderly Conduct
Section 5503

Intentionally or recklessly causing public inconvenience
Summary offense or M3 if they intent to cause serious inconvenience

Loitering and prowling at night time
Section 5506

Peeping toms

Persons not to possess, use, manufacture, control, sell or transfer firearms
Anyone convicted of a felony
If you were convicted of simple assault you can still possess a firearm
No waiting time in PA
Purpose of Title 18
Forbid or prevent conduct that harms people without justification
Totality of Circumstances
Examination of all the facts going into an arrest
Three sources of Facts and Circumstances which can be used to establish Probable Cause for arrest
Observation made by the officer
Receiving information that the officer receives from others Ex. statements from witnesses
Info that the officer receives through investigation
Types of Warrants
Body Warrant
Warrant for fine and cost
Duplicate Warrant
Re-issued warrant
John Doe warrant
Bench Warrant

*Also not on the test but good to know

Custodial Detention
An arrest
Stop and Frisk Rule
Outer layer of clothing, no pockets or schoolbags
DUI’s and misdemeanor offenses
Issuance of a Citation
Officer has 5 days, defendant has 10 days
Issuance of a Warrant
When citation or summons is returned undelivered. Bench warrant received when citation or summons was given personally or by mail and has failed to appear for an execution of a sentence.
Withdrawal of Charges in Summary Cases
Officer can use discretion and withdrawal any number of citations before the closing of a summary trial
Notice of Appeal
Judge must notify defendant of their right to appeal. Trial de novo
Instituting Proceedings in Court Cases
Filing a written complaint or an arrest without a warrant
Types of Release on Bail
Unsecured Bail
Monetary Condition
Nominal Bail
Preliminary Arraignment
First step in criminal justice system. Charges and evidence are brought forward to the court. Defendant must have prelim arraignment within a reasonable amount of time. Burden of proof is prima facie
Information, Filing, Contents, Function
Defendant is formally charged with criminal offenses
Who holds the burden of proof in a criminal proceeding?
Prosecution or Commonwealth
Guilty Pleas
A necessary requirement in CJ system. Expedites the system and saves money and time
Terry Frisk
Reasonable suspicion that criminal activity is afoot
Reasonable suspicion that person is armed and dangerous
Purpose: To conduct an investigation safely
Power to search and seize comes from?
Case Law
US Constitution- 4th Amendment
PA Constitution- Article 1 Section 8
Criminal Procedure
Fruit of the Poisonous Tree Doctrine
Illegally seized or found evidence will be suppressed
Exceptions to the Exclusionary Rule
Inevitable discovery (Nix v Williams)
Good faith exception (US v. Leon). NOT IN PA
Reasonable Expectation of Privacy
On person, in home or business, on curtailage of home, and public place where privacy is implied
Factors of Staleness
Time lapse between information received and the warrant application
To forego a “knock and annouce”?
Occupants know police purpose
Entry will imperil their safety
Evidence is about to be destroyed
Abandoned Vehicle
Cannot be a pedalcycle
Physically inoperable
Left unattended for more than 48 hours
Left on private property without consent of owner for more than 24 hrs
Classic motor vehicle
15 years old that can only be driven once a week
Removal of Points
12 consecutive months without any violations, 3 points removed
Commercial motor vehicle
26,001 pounds or more
Criminal Proceedings shall be instituted by?
Issuing a citation
Filing a citation
Filing a criminal complaint
Arresting without a warrant
Reports by Emergency Room Personnel
Officer must have search warrant for results of blood test
Field Sobriety Tests
No law requires tests, merely added evidence
Commonwealth Law Enforcement Assistance Network. Used for vehicle information and driving license information
Purpose of foot patrol
Deter crime
Cover vs. Concealment
Cover- deflects projectiles
Concealment- no physical protection but hides the officer
Chain of Custody
Recording evidence from time of commission to court case. Try to transfer number to a minimal
Collecting semen and saliva
Allow it to dry and put in paper bags
Non accusatory conversation
A conversation accusing the person of committing a crime
Interrogation Technique
Reid Nine Step Technique
MPOETC doesn’t believe ______ are important for identifying suspects?
Live Line Ups
Cannot refuse to participate, minimum of 6 people including suspect, may be required to speak and walk if needed
Five different categories of controlled substances:
Any non-law enforcement person who supplies information revolving criminal activity
Difference between witness and informant?
Witnesses have no vested interest in the case
Four contextual dimensions of communication are:
Physical, Social, Psychological, Temporal
Cycle of Violence Phases during Domestic Violence
Tension Building
Manipulative (Honeymoon stage)
Laws of Evidence
Rules governing the admissibility of evidence in a court of law
Classifications of Evidence
Direct or testimonial- evidence given by someone who has first hand information which is derived by that person through one of their five senses

Real- physical evidence

Demonstrative Evidence- maps, sketches, photos, etc.

Circumstantial- indirect evidence or inference

Discrediting a witness is known as:
Positional Asphyxia
Subjects chest cannot expand
For a person to be taken into custody under an involuntary commitment for an evaluation you must show that they are
A danger to themselves or a danger to others