Criminal Procedure and Arrest Flashcards

Which legal doctrine allows evidence discovered through an independent investigation, separate from any constitutional violation, to be admitted at trial?

Answer: Independent source doctrine

The independent source doctrine admits evidence obtained through a lawful investigation that is wholly separate from and untainted by the constitutional violation.

A Michigan officer makes a warrantless arrest for a misdemeanor not committed in the officer's presence. This arrest is generally:

Answer: Unlawful under Michigan law unless a statutory exception applies

Michigan law generally requires that a misdemeanor be committed in the officer's presence for a warrantless arrest, with limited statutory exceptions.

An officer knocks on a door to conduct a welfare check and the occupant opens it, revealing drug paraphernalia in plain sight. The officer may:

Answer: Enter and seize the paraphernalia under plain view and lawful presence

Because the officer was lawfully at the door and the contraband was in plain view when the door was voluntarily opened, the plain view doctrine permits seizure.

What is the primary purpose of the initial appearance/arraignment held promptly after a Michigan arrest?

Answer: To inform the defendant of the charges, advise of rights, and set bail

At arraignment, the court informs the accused of the charges, advises of constitutional rights, determines bail, and schedules future proceedings.

A suspect waives Miranda rights and confesses, but claims the waiver was coerced. What standard is used to evaluate whether the waiver was valid?

Answer: The waiver must be voluntary, knowing, and intelligent under the totality of circumstances

A Miranda waiver is valid only if it was made voluntarily, knowingly, and intelligently, assessed under the totality of the circumstances surrounding the interrogation.

Under Graham v. Connor, the objective reasonableness standard for use of force during an arrest is evaluated from whose perspective?

Answer: A reasonable officer on the scene at the moment of the incident

Graham v. Connor requires that use-of-force decisions be judged from the perspective of a reasonable officer on the scene, not with 20/20 hindsight.

An officer has a warrant to arrest John Smith at 123 Main Street. Upon arrival, a different person answers claiming John Smith no longer lives there. The officer may:

Answer: Enter only if there is reason to believe John Smith is currently inside

An arrest warrant authorizes entry into the named suspect's home only when officers have a reasonable belief the suspect is present inside at the time of entry.