MPOETC EXAM 5 Latest Update -

MPOETC EXAM #5 Latest Update - Actual Exam Questions and 100% Verified Correct Answers Guaranteed

4-Corner's Doctrine - CORRECT ANSWER: Anything on Affidavit can be used, anything off of it CANNOT be used. Must be specifically put on that document.

The issuing authority can only use the information contained in the affidavit of probable cause to determine if there is probable cause to issue a search warrant. Information not contained in the affidavit cannot be used to establish probable cause.

4th Amendment differences between PA and Supreme Court? - CORRECT ANSWER:

Pennsylvania does not recognize GOOD FAITH.

A search warrant must be... - CORRECT ANSWER: WITHIN JUDICIAL DISTRICT

where property is located

Abandoned Property - CORRECT ANSWER: Is admissible evidence except where

abandonment is coerced by unlawful police action.

Abandonment of property is searchable and person can be placed into custody.

Trash pull is considered abandoned property.

All Persons Present - CORRECT ANSWER: a search of all persons present warrant is

NOT FAVORED.

The warrant must establish some nexus between "all persons" and criminality

anticipatory search warrant - CORRECT ANSWER: May be issued where there is a fair probability that evidence of current or past criminal activity will be on the premises to be searched at a time in the future when the warrant will be executed, need probable cause

Arizona v. Gant - CORRECT ANSWER: The Supreme Court decided that a vehicular

search incident to arrest is reasonable IF it is reasonable to believe that the vehicle contains evidence or the arrestee might access the vehicle at the time of the search. (if they are walking away from the car and not in its vicinity, you cant search it)

Arrests: - CORRECT ANSWER: Must be lawful and based on Probable Cause.Arrests cannot be a PRETEXT TO SEARCH Additional probable cause to search incident to arrest is NOT required An officer may use minimum force necessary to execute a search If person just DETAINED, NOT under arrest, then you CANNOT search them.

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Can you re-search an individual? - CORRECT ANSWER: Any officer or prison guard

transporting/guarding the suspect may re-search suspect and possessions. The second search may take place at any location.-Even after a substantial time elapse (10 hours)

Someone can be searched as many times as you want incident to arrest.

Commonwealth v Gary - CORRECT ANSWER: Observed Gary driving tinted windows

and then smelled marijuana. The officers removed Gary and put him in the car. Gary ran, officers tackled him and then searched his car. They found 2 pounds of Marijuana

The smelling of Marijuana established probable cause to search the vehicle.

Consent - CORRECT ANSWER: Will be valid if it is VOLUNTARY and the person has

FREE WILL. (Police cannot coerce or intimidate) Ask for consent, can ask for persons ID and they can consent or decline. They have the right to withdrawal consent at any time, unless you see something in plain view

Trying to get consent from a person, do NOT bring 15 officers, threaten them, or surround them in any way.

Consent Searches - CORRECT ANSWER: Commonwealth has the burden to prove

that the defendant consented to a warrantless search+seizure.Must prove that consent is an essentially free and unconstrained choice.The consent must not be the result of duress, or coercion, expressed or implied.

Curtilage - CORRECT ANSWER: -anything included within the property ex: Garages, shed, garden on property. Outside of property line is no good.Not on curtilage and not specified in search warrant then you cannot search it. You would need an additional search warrant for it.

Daylight Search Warrant hours: - CORRECT ANSWER: 6AM-10PM

Do not need a search warrant example: - CORRECT ANSWER: Do not need a search warrant to sit in neighbors house to watch a persons's backyard if they allow it.

Example of Vehicle search: - CORRECT ANSWER: Person hops out of car with purse on their body you CANNOT search it, if they leave the purse in the car then you can search it. Same thing with a duffle bag in a house.

Exceptions to search warrant

5 Legal Concepts - CORRECT ANSWER: 1.) EXIGENT CIRCUMSTANCES -the need

for an officer to quickly react to emergency circumstances involving imminent danger to officers or others 2.) The need for an officer to quickly react to emergency circumstances involving imminent destruction or movement of evidence or contraband. (Destroying evidence constitutes grounds for a search)

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