MPOETC Criminal Law & Procedures 3 — Questions and Answers
Question 1: Under Terry v. Ohio, an officer may conduct a brief investigative stop based on what standard?
- Probable cause
- Reasonable articulable suspicion (Correct answer)
- Preponderance of evidence
- A specific informant tip alone
Correct answer: Reasonable articulable suspicion
Terry v. Ohio established that officers may conduct brief investigative stops based on reasonable articulable suspicion of criminal activity.
Question 2: In Pennsylvania, which crime involves the unlawful taking of another's property from their person by force or threat?
- Theft by deception
- Burglary
- Robbery (Correct answer)
- Receiving stolen property
Correct answer: Robbery
Robbery is defined as theft committed by force, threat, or placing the victim in fear of immediate bodily injury.
Question 3: Which Miranda warning informs a suspect about the right to appointed counsel?
- You have the right to remain silent
- Anything you say can be used against you in court
- You have the right to an attorney
- If you cannot afford an attorney, one will be appointed for you (Correct answer)
Correct answer: If you cannot afford an attorney, one will be appointed for you
The warning that an attorney will be appointed if the suspect cannot afford one is a distinct and required component of the Miranda advisement.
Question 4: A person who assists another in committing a crime AFTER the crime is completed is best described as:
- An accomplice
- A co-conspirator
- An accessory after the fact (Correct answer)
- A principal in the second degree
Correct answer: An accessory after the fact
An accessory after the fact knowingly assists a felon after the crime has been completed, such as by helping them flee or hide.
Question 5: What doctrine permits an officer to seize contraband observed in plain view during a lawful presence?
- The open fields doctrine
- The plain view doctrine (Correct answer)
- The good faith exception
- Exigent circumstances
Correct answer: The plain view doctrine
The plain view doctrine allows officers to seize evidence or contraband that is immediately apparent as incriminating when observed from a lawful vantage point.
Question 6: In Pennsylvania, what is the minimum mental state required for criminal homicide?
- Intentionally
- Knowingly
- Recklessly
- Negligently (Correct answer)
Correct answer: Negligently
Under Pennsylvania law, criminal homicide requires at minimum a negligent mental state; the specific grade depends on a higher mental state.
Question 7: The 'knock and announce' rule generally requires officers serving a warrant to do what before forcible entry?
- Wait 30 seconds regardless of circumstances
- Announce their identity and purpose and wait a reasonable time (Correct answer)
- Obtain a separate no-knock order from a judge
- Announce only if residents are home
Correct answer: Announce their identity and purpose and wait a reasonable time
The knock and announce rule requires officers to identify themselves and state their purpose, then wait a reasonable time for a response before making a forcible entry.
Under Terry v.
Ohio, an officer may conduct a brief investigative stop based on what standard?