MCOLES Criminal Procedure and Arrest Questions and Answers

Question 1

A peace officer observes a person commit a civil infraction.
During the stop, the officer develops reasonable cause to believe the person has also committed a misdemeanor punishable by 90 days in jail, which did not occur in the officer's presence.
According to Michigan Compiled Laws (MCL) 764.15, what is the officer's authority to arrest?

Accepted Answer

The officer cannot arrest for the misdemeanor because it was not committed in their presence and is not punishable by more than 92 days.

Answer

The officer must issue a citation for both offenses and cannot arrest.

Answer

The officer may arrest for the misdemeanor only if it is a domestic violence offense.

Answer

The officer can arrest for any misdemeanor, regardless of when it was committed, once they have probable cause.

Question 2

An officer is questioning a suspect who is in custody at the police station. The suspect clearly and unambiguously states, "I want to talk to a lawyer." What is the officer's legal obligation at this point?

Accepted Answer

The officer must immediately cease the interrogation until an attorney is present or the suspect reinitiates contact.

Answer

The officer can continue questioning but must inform the suspect their statements can be used against them.

Answer

The officer can ask clarifying questions to make sure the suspect really wants a lawyer.

Answer

The officer can wait a reasonable amount of time and then attempt to question the suspect again.

Question 3

Which of the following is the primary purpose of the 'Exclusionary Rule' in criminal procedure?

Accepted Answer

To deter police misconduct by making illegally obtained evidence inadmissible in court.

Answer

To ensure the defendant receives a speedy trial.

Answer

To punish a defendant who is found guilty of a crime.

Answer

To provide financial compensation to victims of crime.

Question 4

An officer conducts a lawful traffic stop. The officer observes the driver, who is the sole occupant, making furtive movements toward the passenger compartment. Based on training and experience, the officer develops a reasonable suspicion that the driver may be armed and dangerous. What action is the officer justified in taking under *Terry v. Ohio*?

Accepted Answer

Order the driver out of the vehicle and conduct a pat-down (frisk) of their outer clothing for weapons.

Answer

Immediately arrest the driver for a weapons offense.

Answer

Conduct a full search of the vehicle's trunk and any locked containers.

Answer

Search the driver's phone for evidence of criminal activity.

Question 5

Under Michigan law (MCL 764.16), a private citizen may make a "citizen's arrest." In which of the following scenarios is a citizen authorized to make an arrest?

Accepted Answer

If the person to be arrested has committed a felony, even if it was not in the citizen's presence.

Answer

For any misdemeanor committed in their presence.

Answer

When they have a reasonable suspicion that a person has committed retail fraud.

Answer

When they witness a civil infraction, such as a parking violation.

Question 6

A police officer has probable cause to believe that a suspect has committed felony retail fraud and is now inside a third party's private residence, where the suspect is an overnight guest. Which of the following is required for the officer to lawfully enter the residence to arrest the suspect?

Accepted Answer

A search warrant for the third party's residence.

Answer

Only an arrest warrant for the suspect.

Answer

Verbal consent from the third-party homeowner is sufficient.

Answer

No warrant is needed due to the felony nature of the crime.