Criminal Procedure and Arrest Flashcards

A person invokes their right to counsel during a custodial interrogation. What must officers do?

Answer: Immediately cease all interrogation until counsel is present or the suspect reinitates

Once a suspect unambiguously invokes the right to counsel, all interrogation must stop until an attorney is present or the suspect voluntarily reinitiates communication.

Under the exclusionary rule, evidence obtained in violation of the Fourth Amendment is generally:

Answer: Inadmissible in court as 'fruit of the poisonous tree'

The exclusionary rule bars use of illegally obtained evidence at trial, and the 'fruit of the poisonous tree' doctrine extends that bar to derivative evidence.

Which of the following is NOT a recognized exception to the exclusionary rule?

Answer: Inevitable suspicion

Recognized exceptions include inevitable discovery, good faith, independent source, and attenuation — 'inevitable suspicion' is not a legal doctrine.

An officer arrests someone for a misdemeanor committed in the officer's presence. Under Michigan law, what must the officer generally do next?

Answer: Take the suspect before a magistrate without unnecessary delay

Michigan law requires that an arrested person be taken before a magistrate or district court judge without unnecessary delay for arraignment.

A confidential informant provides a tip that leads to an arrest. For probable cause purposes, the tip's reliability is evaluated under which standard?

Answer: Totality of the circumstances test (Illinois v. Gates)

Illinois v. Gates replaced the rigid Aguilar-Spinelli two-prong test with the totality of the circumstances analysis for evaluating informant tips.

An officer stops a car at night and orders the driver out. The driver reaches under the seat. The officer draws their weapon and orders the driver to stop. This is best described as:

Answer: A reasonable precautionary measure during a lawful traffic stop

Officers may take reasonable precautionary steps, including drawing a weapon, when a suspect makes furtive movements during a lawful stop that could indicate danger.

A suspect is released on their own recognizance (OR) after arraignment. What does this mean?

Answer: The suspect is released based on a promise to appear without monetary bail

Release on own recognizance means the court releases the defendant based solely on their written promise to appear, without requiring a cash bail deposit.