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
Under Michigan law, at what point is a person considered to be in 'custody' for Miranda purposes?
Answer: When a reasonable person would not feel free to leave the situation
Miranda custody is determined by whether a reasonable person in the suspect's position would feel free to terminate the encounter and leave.
What is the legal significance of a 'Franks hearing' in Michigan criminal procedure?
Answer: A hearing where a defendant challenges the truthfulness of statements in a search warrant affidavit
A Franks hearing allows a defendant to challenge the veracity of factual statements in a search warrant affidavit; if deliberate falsehoods are found and probable cause collapses, the warrant is voided.
Which of the following is NOT a recognized exception to the warrant requirement under Fourth Amendment jurisprudence?
Answer: Search incident to citation for a traffic infraction
Atwater v. City of Lago Vista and Knowles v. Iowa established that a traffic citation (not arrest) does not justify a full search incident to the citation.
Under Michigan's Criminal Sexual Conduct statutes, what elevates an offense to CSC First Degree?
Answer: Sexual penetration with aggravating circumstances such as use of a weapon or victim under age 13
CSC First Degree requires sexual penetration combined with specific aggravating factors including victim age under 13, use of a weapon, or causing personal injury while using force or coercion.
What is 'constructive possession' in Michigan drug law?
Answer: Having dominion and control over contraband even without physical possession
Constructive possession means a person has knowledge of the contraband's presence and the ability to exercise dominion and control over it, even without physical possession.
Under the Sixth Amendment, at what stage does the right to counsel attach in Michigan proceedings?
Answer: At the initiation of formal adversarial proceedings such as arraignment or indictment
The Sixth Amendment right to counsel attaches at the initiation of formal adversarial proceedings—arraignment, preliminary hearing, indictment, or information—not merely upon arrest.
A Michigan officer stops a vehicle for speeding and smells marijuana inside. Under current Michigan law (marijuana legalization), what authority does the odor alone provide?
Answer: The odor may contribute to probable cause but legalization affects the analysis—officers must consider the totality of circumstances
Following Michigan's marijuana legalization, courts have held that the odor of marijuana alone may not constitute probable cause; officers must consider all circumstances since legal possession is now possible.