MCOLES Criminal Law and Procedure 3 — Questions and Answers
Question 1: Which exception allows police to conduct a warrantless search of a vehicle when the driver is arrested?
- Exigent circumstances only
- Search incident to arrest (limited to areas within arrestee's reach) (Correct answer)
- The automobile exception always permits full search
- Consent of any passenger
Correct answer: Search incident to arrest (limited to areas within arrestee's reach)
Under Arizona v. Gant, a search incident to arrest of a vehicle is limited to areas within the arrestee's reach at the time of arrest, unless officers have reason to believe evidence related to the arrest is in the vehicle.
Question 2: What constitutes 'malice aforethought' in Michigan homicide law?
- A plan formed at least 24 hours before the killing
- Intent to kill, intent to cause great bodily harm, or wanton disregard for human life (Correct answer)
- Hatred or ill will toward the victim specifically
- Committing the act while armed with a deadly weapon
Correct answer: Intent to kill, intent to cause great bodily harm, or wanton disregard for human life
Malice aforethought encompasses intent to kill, intent to do great bodily harm, or actions showing wanton and willful disregard of the likelihood of death or great bodily harm.
Question 3: An officer arrests a suspect without a warrant at the suspect's home. Under Payton v. New York, what is required?
- A search warrant for the home
- An arrest warrant and exigent circumstances or consent to enter (Correct answer)
- Only probable cause to arrest, no warrant needed in any home
- A grand jury indictment prior to arrest
Correct answer: An arrest warrant and exigent circumstances or consent to enter
Payton v. New York held that a warrant is required to arrest a suspect in their own home absent exigent circumstances or consent.
Question 4: Under Michigan law, what is the difference between assault and assault and battery?
- Assault requires injury; battery does not
- Assault is an attempted or threatened harmful contact; battery is completed harmful touching (Correct answer)
- Battery requires use of a weapon; assault does not
- They are legally identical offenses in Michigan
Correct answer: Assault is an attempted or threatened harmful contact; battery is completed harmful touching
Assault is placing someone in reasonable apprehension of imminent harmful contact, while battery is the actual completed offensive or harmful touching.
Question 5: What is the 'exclusionary rule' as it applies to evidence in Michigan criminal proceedings?
- Evidence obtained by private citizens is excluded
- Evidence obtained in violation of the Fourth Amendment is inadmissible at trial (Correct answer)
- Hearsay evidence is automatically excluded
- Evidence collected without a chain of custody is excluded
Correct answer: Evidence obtained in violation of the Fourth Amendment is inadmissible at trial
The exclusionary rule, established in Mapp v. Ohio, bars use of evidence obtained through unconstitutional searches or seizures in state criminal prosecutions.
Question 6: A Michigan officer observes a person commit a misdemeanor not in the officer's presence. Generally, what is required to arrest?
- The officer may arrest immediately based on observation by a citizen witness
- A warrant is typically required unless a statutory exception applies (Correct answer)
- Probable cause alone is always sufficient for any misdemeanor arrest
- No arrest is permitted; only a citation may be issued
Correct answer: A warrant is typically required unless a statutory exception applies
Michigan generally requires a warrant to arrest for misdemeanors not committed in the officer's presence, though statutory exceptions exist for specific offenses like domestic violence.
Question 7: What is the legal definition of 'robbery' under Michigan criminal law?
- Taking property from a building without permission
- Larceny accomplished by force or threat of force against a person (Correct answer)
- Taking property valued over $1,000 from a business
- Any theft committed by two or more persons acting together
Correct answer: Larceny accomplished by force or threat of force against a person
Robbery is larceny from a person committed by force, violence, assault, or putting the victim in fear.
MCOLES Criminal Law and Procedure 3
Which exception allows police to conduct a warrantless search of a vehicle when the driver is arrested?