Criminal Law and Procedure Flashcards
7 cards from real MCOLES practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Criminal Law and Procedure flashcards as text
Which exception allows police to conduct a warrantless search of a vehicle when the driver is arrested?
Answer: Search incident to arrest (limited to areas within arrestee's reach)
Under Arizona v. Gant, a search incident to arrest of a vehicle is limited to areas within the arrestee's reach at the time of arrest, unless officers have reason to believe evidence related to the arrest is in the vehicle.
What constitutes 'malice aforethought' in Michigan homicide law?
Answer: Intent to kill, intent to cause great bodily harm, or wanton disregard for human life
Malice aforethought encompasses intent to kill, intent to do great bodily harm, or actions showing wanton and willful disregard of the likelihood of death or great bodily harm.
An officer arrests a suspect without a warrant at the suspect's home. Under Payton v. New York, what is required?
Answer: An arrest warrant and exigent circumstances or consent to enter
Payton v. New York held that a warrant is required to arrest a suspect in their own home absent exigent circumstances or consent.
Under Michigan law, what is the difference between assault and assault and battery?
Answer: Assault is an attempted or threatened harmful contact; battery is completed harmful touching
Assault is placing someone in reasonable apprehension of imminent harmful contact, while battery is the actual completed offensive or harmful touching.
What is the 'exclusionary rule' as it applies to evidence in Michigan criminal proceedings?
Answer: Evidence obtained in violation of the Fourth Amendment is inadmissible at trial
The exclusionary rule, established in Mapp v. Ohio, bars use of evidence obtained through unconstitutional searches or seizures in state criminal prosecutions.
A Michigan officer observes a person commit a misdemeanor not in the officer's presence. Generally, what is required to arrest?
Answer: A warrant is typically required unless a statutory exception applies
Michigan generally requires a warrant to arrest for misdemeanors not committed in the officer's presence, though statutory exceptions exist for specific offenses like domestic violence.
What is the legal definition of 'robbery' under Michigan criminal law?
Answer: Larceny accomplished by force or threat of force against a person
Robbery is larceny from a person committed by force, violence, assault, or putting the victim in fear.