MPOETC Criminal Law & Procedures 4

Question 1

Under Pennsylvania law, which element distinguishes burglary from criminal trespass?

Accepted Answer

The intent to commit a crime inside the structure at the time of entry

Answer

Burglary requires that the person enters a structure with the intent to commit a crime therein; criminal trespass does not require this additional criminal intent.

Question 2

Which Supreme Court case established that defendants have a Sixth Amendment right to counsel at all critical stages of prosecution?

Accepted Answer

Gideon v. Wainwright

Answer

Gideon v. Wainwright (1963) held that the Sixth Amendment right to counsel applies to state criminal proceedings through the Fourteenth Amendment.

Question 3

What is the legal term for an agreement between two or more persons to commit an unlawful act?

Accepted Answer

Conspiracy

Answer

Conspiracy is the criminal offense of an agreement between two or more persons to commit an unlawful act, often requiring an overt act in furtherance.

Question 4

A warrantless search of a home is presumptively unreasonable under the Fourth Amendment EXCEPT when:

Accepted Answer

Exigent circumstances such as hot pursuit or imminent destruction of evidence exist

Answer

Exigent circumstances—such as hot pursuit of a fleeing felon, preventing destruction of evidence, or rendering emergency aid—are recognized exceptions to the warrant requirement for homes.

Question 5

In Pennsylvania, 'theft by deception' occurs when a person intentionally obtains property of another by:

Accepted Answer

Creating or reinforcing a false impression

Answer

Theft by deception requires that the offender intentionally create or reinforce a false impression to induce the victim to transfer property.

MPOETC - ACT 120 Certified Police Officer Practice Test

MPOETC - ACT 120 Certified Police Officer Practice Test

MPOETC Criminal Law & Procedures 4