FINAL Flashcards
1st amendment
freedom of speech
2nd amendment
bear arms
3rd amendment
may not house soldiers
4th amendment
search and seizure
5th amendment
incriminate yourself
6th amendment
speed public trial
7th amendment
trial by jury
8th amendment
cruel unusual punishment
14th amendment
due process
bill of rights
first 10 amendments to the constitution
what are statutes
lays made by legislatures
examples of civil right violations
unlawful arrest
search and seizure without probable cause
when can officers enter another jurisdiction
hot pursuit asked mutual aid
what are caselaws
written decision of the appellate courts
what is tort
violation of civil law
what is probable cause
facts and circumstances that lead a reasonable person to believe a crime has been committed
3 branches of government
legislative
executive
judicial
what branch of government do police fall into
executive
PA court systems consists of
common pleas
circuit
supreme
4 mental states to commit crime (mens rea)
recklessly
intentionally
negligently
knowingly
2 elements of a crime
actus reds act of the crime
mens rea intention
what is an instrument of a crime
something used to commit the crime
what is voluntary manslaughter
unlawful killing during a sudden heat of passion
what is stalking
following harassing or threatening
what is burglary
unlawful entry with the intent to commit a crime
what is criminal mischief
intentionally or knowingly damage property
where do police powers come from
constitution
case law
statutory law
what is an affiant
person capable of taking oath affirming criminal complaint
define venue
boundaries that the court has jurisdiction over
what are the statute of limitations of Hom Fel Mis Sum
Hom no limit
Fel 5 years
Mis 2 years
Sum 30 days
whats is the 4 corners rule
no outside evidence may be used
night time warrants are served when
2200-0600
search warrants are executed within how many hours
48 hours
how many days to file citation
5
how many days to respond to citation
10
defendant has right to preliminary hearing within how many days of arrest
3-10
time limit for trial if incarcerated/if not
180 in
365 not in
minimun legal proff to justify arrest
probable cause
what is mere encounter
exchange of information civilian free to leave whenever
what is investigatory detention
need reasonable suspicion
what is custodial detention
probable cause is needed
person is under arrest
what is a terry search
searching for weapons only
what is the plain feel doctrine
if the officer feels and recognizes something they can seize it
what is terry search of a car
anything within arms reach must have warrant to search trunk
describe commonwealth v mimes
allowed to order passengers out for safety reasons
describe mapp v ohio
exclusionary rule prohibits use to illegally obtained evidence
describe US v leon
good faith exception
describe nix v williams
inevitable discovery
describe US v katz
expectation of privacy
when does evidence become stale
after 7 days
what items are subject for seizure
fruits
instruments
contraband
reasonable knock and announce wait time
2 anoucments and 45 seconds
what are the exceptions of a search warrant
plain view and exigent circumstance
length of punishment for degree F M S
Fel 1 20 2 10 3 7
Mis 1 5 2 2 3 1
Sum 90 days
who are stakeholders
neighborhoods
business communities
what is parol
getting out of jail early
what is probation
punishment instead of going to jail
how long are sex offenses in PA
12 years
whats the crime 2 people fight neither primary aggressor
simple assault
whats the crime cop pricked with needle while searching someone
simple assault
whats the crime points unloaded gun at someone
aggravated assault
whats the crime without warning punch someone in nose breaks it
agg assault
whats the crime calling for 2 weeks between 1-5am
harassment
what is a summons
written order requiring someone to be at court
2 types of consent
expressed - yes you can
implied- IDC whatever
What is robbery
Assault and theft
What is theft
Taking without touching the person
Describe Tennessee v Garner
Deadly force
Describe graham v Connor
20 20
Commonwealth v Greenberg has to do with
Reckless driving
Speed limit for residential urban and highway
25
35
55
When do you turn high beams off in rear and and oncoming
Rear 300
Oncoming 500
What is cruiser ready Cruiser safe for shot gun
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