MCOLES Criminal Law and Procedure 2

Question 1

Under Michigan law, what distinguishes second-degree murder from first-degree murder?

Accepted Answer

Premeditation and deliberation are absent

Answer

Second-degree murder lacks the premeditation and deliberation required for first-degree murder but still involves malice aforethought.

Question 2

A suspect invokes the right to counsel during custodial interrogation. What must officers do?

Accepted Answer

Immediately cease all questioning until counsel is present

Answer

Under Edwards v. Arizona, once a suspect invokes the right to counsel, all interrogation must stop until an attorney is present or the suspect reinitiates contact.

Question 3

Which element is required to establish 'breaking and entering' under Michigan's burglary statute?

Accepted Answer

Entry into a dwelling with intent to commit a felony

Answer

Michigan's breaking and entering statute requires entry into a building with intent to commit a felony, misdemeanor, or larceny therein.

Question 4

What is the legal standard for a 'Terry stop' (investigative detention)?

Accepted Answer

Reasonable articulable suspicion of criminal activity

Answer

Terry v. Ohio established that a brief investigative stop requires only reasonable articulable suspicion, a lower standard than probable cause.

Question 5

Under the Fourth Amendment, which area is considered part of the 'curtilage' of a home?

Accepted Answer

A fenced backyard immediately adjacent to the home

Answer

Curtilage is the area immediately surrounding a home where residents have a reasonable expectation of privacy, such as an enclosed backyard.

MCOLES - Michigan Commission on Law Enforcement Standards Practice Test

MCOLES - Michigan Commission on Law Enforcement Standards Practice Test

MCOLES Criminal Law and Procedure 2