Criminal Procedure and Arrest Flashcards

Which amendment to the U.S. Constitution protects individuals against unreasonable searches and seizures by government actors?

Answer: Fourth Amendment

The Fourth Amendment prohibits unreasonable searches and seizures and requires warrants to be supported by probable cause and particularly describe the place and items.

An officer observes a bulge in a suspect's waistband during a lawful Terry stop. The officer conducts a pat-down and feels what seems to be a weapon. What may the officer do?

Answer: Remove the object if there is reasonable suspicion it is a weapon

During a Terry stop, an officer may conduct a limited pat-down of outer clothing for weapons if there is reasonable suspicion the suspect is armed and dangerous.

Under the plain view doctrine, an officer may seize an item without a warrant if which three conditions are met?

Answer: Officer is lawfully present, item is in plain view, and incriminating nature is immediately apparent

Plain view seizure requires lawful presence at the location, the evidence being in plain view, and the incriminating character being immediately apparent.

A suspect voluntarily speaks to police without being in custody. Are Miranda warnings required?

Answer: No — Miranda applies only to custodial interrogation

Miranda warnings are required only when a suspect is both in custody and subject to interrogation; voluntary, non-custodial conversations do not trigger Miranda.

Michigan law permits a citizen's arrest for a misdemeanor only when:

Answer: The misdemeanor is a breach of the peace committed in the citizen's presence

Under Michigan common law, a private citizen may arrest for a breach of the peace misdemeanor only when it occurs in the citizen's direct presence.

An officer finds drugs during a valid search incident to arrest. The arrest is later determined to be unlawful. What happens to the drug evidence?

Answer: It is suppressed as fruit of the unlawful arrest

If the underlying arrest was unlawful, any evidence found in the search incident to that arrest is also tainted and subject to suppression as fruit of the poisonous tree.

During a traffic stop, an officer smells alcohol and asks the driver to perform field sobriety tests. The driver refuses. What can the officer do in Michigan?

Answer: Note the refusal, use other evidence of impairment, and arrest if probable cause exists

A driver's refusal to perform field sobriety tests can be noted as part of the totality, but the officer must establish probable cause from all available evidence before arresting for OWI.