MPOETC Criminal Law & Procedures 2 — Questions and Answers
Question 1: Under the exclusionary rule established in Mapp v. Ohio, what happens to evidence obtained through an illegal search?
- It is admissible if corroborated by other evidence
- It is excluded from trial (Correct answer)
- It is admissible at the judge's discretion
- It is only excluded in federal courts
Correct answer: It is excluded from trial
The exclusionary rule prohibits the use of illegally obtained evidence in criminal prosecutions, as established in Mapp v. Ohio (1961).
Question 2: Which element is NOT required to establish probable cause for an arrest?
- Trustworthy information
- Articulable facts
- Beyond-reasonable-doubt certainty (Correct answer)
- Facts linking suspect to a crime
Correct answer: Beyond-reasonable-doubt certainty
Probable cause requires trustworthy information and articulable facts linking a suspect to a crime, but does not require the higher standard of beyond a reasonable doubt.
Question 3: A person commits aggravated assault in Pennsylvania when they attempt to cause serious bodily injury to another under which circumstance?
- Only when a weapon is used
- Intentionally, knowingly, or recklessly under circumstances manifesting extreme indifference to human life (Correct answer)
- Only when the victim is a public official
- When the injury results in hospitalization
Correct answer: Intentionally, knowingly, or recklessly under circumstances manifesting extreme indifference to human life
Pennsylvania defines aggravated assault as intentionally, knowingly, or recklessly causing or attempting to cause serious bodily injury under circumstances showing extreme indifference to life.
Question 4: What is the 'fruit of the poisonous tree' doctrine?
- A rule allowing evidence gathered near a crime scene
- Evidence derived from an illegal search or seizure is also inadmissible (Correct answer)
- A doctrine permitting use of informant testimony
- A standard for evaluating chain of custody
Correct answer: Evidence derived from an illegal search or seizure is also inadmissible
The 'fruit of the poisonous tree' doctrine extends the exclusionary rule to all evidence derived from an initial illegal police action.
Question 5: In Pennsylvania, what degree of offense is simple assault when committed by an adult against a child under 12?
- Summary offense
- Misdemeanor of the third degree
- Misdemeanor of the first degree (Correct answer)
- Felony of the third degree
Correct answer: Misdemeanor of the first degree
Under Pennsylvania law, simple assault committed by an adult 21 or older against a child under 12 is a misdemeanor of the first degree.
Question 6: Which exception allows police to search a vehicle without a warrant during a lawful traffic stop?
- Plain feel doctrine
- Automobile exception based on probable cause (Correct answer)
- Exigent circumstances only
- Consent of the registered owner, who must be present
Correct answer: Automobile exception based on probable cause
The automobile exception allows warrantless searches of vehicles when police have probable cause to believe the vehicle contains evidence of a crime.
Question 7: What is the legal term for a false statement made under oath in a judicial proceeding?
- Fraud
- Perjury (Correct answer)
- Contempt
- Defamation
Correct answer: Perjury
Perjury is the criminal offense of knowingly making false statements under oath in a judicial proceeding.
MPOETC Criminal Law & Procedures 2
Under the exclusionary rule established in Mapp v.
Ohio, what happens to evidence obtained through an illegal search?