MCOLES Criminal Law and Procedure 3

Question 1

Which exception allows police to conduct a warrantless search of a vehicle when the driver is arrested?

Accepted Answer

Search incident to arrest (limited to areas within arrestee's reach)

Answer

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?

Accepted Answer

Intent to kill, intent to cause great bodily harm, or wanton disregard for human life

Answer

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?

Accepted Answer

An arrest warrant and exigent circumstances or consent to enter

Answer

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?

Accepted Answer

Assault is an attempted or threatened harmful contact; battery is completed harmful touching

Answer

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?

Accepted Answer

Evidence obtained in violation of the Fourth Amendment is inadmissible at trial

Answer

The exclusionary rule, established in Mapp v. Ohio, bars use of evidence obtained through unconstitutional searches or seizures in state criminal prosecutions.

MCOLES - Michigan Commission on Law Enforcement Standards Practice Test

MCOLES - Michigan Commission on Law Enforcement Standards Practice Test

MCOLES Criminal Law and Procedure 3