MPOETC Criminal Law & Procedures 5 — Questions and Answers
Question 1: Under Pennsylvania's Crimes Code, which offense involves entering a building with intent to commit a crime, but the building is NOT adapted for overnight accommodation?
- Burglary (Correct answer)
- Criminal trespass
- Robbery
- Loitering
Correct answer: Burglary
Pennsylvania burglary applies to entering any building or occupied structure with intent to commit a crime inside, regardless of whether it is adapted for overnight accommodation.
Question 2: The 'good faith' exception to the exclusionary rule, established in United States v. Leon, applies when:
- An officer acts in objectively reasonable reliance on a warrant later found to be defective (Correct answer)
- An officer acts on a verbal command from a supervisor
- Evidence is discovered during a search incident to arrest
- An informant provides reliable information
Correct answer: An officer acts in objectively reasonable reliance on a warrant later found to be defective
The good faith exception allows evidence obtained by officers who reasonably relied on a facially valid warrant that is later found to be defective.
Question 3: In Pennsylvania, what offense is committed when a person knowingly receives stolen property intending to benefit from it?
- Conspiracy
- Theft by receiving stolen property (Correct answer)
- Possession of contraband
- Dealing in proceeds of unlawful activity
Correct answer: Theft by receiving stolen property
Theft by receiving stolen property occurs when a person intentionally receives, retains, or disposes of movable property knowing it has been stolen.
Question 4: When can a police officer arrest a person without a warrant for a misdemeanor in Pennsylvania?
- Only when a judge is unavailable
- When the officer has probable cause and the offense was committed in the officer's presence (Correct answer)
- Only when the victim requests an arrest
- When the misdemeanor involves a weapon
Correct answer: When the officer has probable cause and the offense was committed in the officer's presence
In Pennsylvania, a warrantless misdemeanor arrest is generally permitted when the officer has probable cause and the offense was committed in the officer's presence.
Question 5: Which doctrine holds that a third party who voluntarily shares information with another assumes the risk that the recipient may convey it to authorities?
- Open fields doctrine
- Third-party doctrine (Correct answer)
- Inevitable discovery doctrine
- Independent source doctrine
Correct answer: Third-party doctrine
The third-party doctrine holds that information voluntarily shared with a third party carries no Fourth Amendment protection because the sharer assumes the risk of disclosure.
Question 6: In a criminal case, what is the purpose of a 'preliminary hearing' in Pennsylvania?
- To determine the defendant's guilt or innocence
- To determine if sufficient evidence exists to hold the defendant for trial (Correct answer)
- To formally accept the defendant's plea
- To set the conditions of parole
Correct answer: To determine if sufficient evidence exists to hold the defendant for trial
A preliminary hearing determines whether the Commonwealth has established a prima facie case—sufficient evidence that a crime was committed and the defendant likely committed it.
Question 7: Which Pennsylvania criminal offense involves using physical force on another person without consent, causing bodily injury?
- Reckless endangerment
- Simple assault (Correct answer)
- Harassment
- Terroristic threats
Correct answer: Simple assault
Simple assault in Pennsylvania includes intentionally, knowingly, or recklessly causing bodily injury to another person.
MPOETC Criminal Law & Procedures 5
Under Pennsylvania's Crimes Code, which offense involves entering a building with intent to commit a crime, but the building is NOT adapted for overnight accommodation?