MCOLES Criminal Law and Procedure 5 — Questions and Answers
Question 1: Under Michigan law, at what point is a person considered to be in 'custody' for Miranda purposes?
- When police begin asking investigative questions
- When a reasonable person would not feel free to leave the situation (Correct answer)
- Only after formal arrest and booking
- When the officer draws a firearm during questioning
Correct answer: When a reasonable person would not feel free to leave the situation
Miranda custody is determined by whether a reasonable person in the suspect's position would feel free to terminate the encounter and leave.
Question 2: What is the legal significance of a 'Franks hearing' in Michigan criminal procedure?
- A hearing to determine competency to stand trial
- A hearing where a defendant challenges the truthfulness of statements in a search warrant affidavit (Correct answer)
- A preliminary hearing to determine probable cause for arraignment
- A hearing regarding admissibility of expert testimony
Correct answer: A hearing where a defendant challenges the truthfulness of statements in a search warrant affidavit
A Franks hearing allows a defendant to challenge the veracity of factual statements in a search warrant affidavit; if deliberate falsehoods are found and probable cause collapses, the warrant is voided.
Question 3: Which of the following is NOT a recognized exception to the warrant requirement under Fourth Amendment jurisprudence?
- Consent
- Search incident to citation for a traffic infraction (Correct answer)
- Exigent circumstances
- Automobile exception
Correct answer: Search incident to citation for a traffic infraction
Atwater v. City of Lago Vista and Knowles v. Iowa established that a traffic citation (not arrest) does not justify a full search incident to the citation.
Question 4: Under Michigan's Criminal Sexual Conduct statutes, what elevates an offense to CSC First Degree?
- Any sexual contact without consent
- Sexual penetration with aggravating circumstances such as use of a weapon or victim under age 13 (Correct answer)
- Sexual contact with a person over 65 years old
- Any offense committed by a person on parole
Correct answer: Sexual penetration with aggravating circumstances such as use of a weapon or victim under age 13
CSC First Degree requires sexual penetration combined with specific aggravating factors including victim age under 13, use of a weapon, or causing personal injury while using force or coercion.
Question 5: What is 'constructive possession' in Michigan drug law?
- Possessing drugs within 1,000 feet of a school
- Having dominion and control over contraband even without physical possession (Correct answer)
- Possessing a container that previously held drugs
- Joint possession shared between two or more persons only
Correct answer: Having dominion and control over contraband even without physical possession
Constructive possession means a person has knowledge of the contraband's presence and the ability to exercise dominion and control over it, even without physical possession.
Question 6: Under the Sixth Amendment, at what stage does the right to counsel attach in Michigan proceedings?
- Only at trial
- At the initiation of formal adversarial proceedings such as arraignment or indictment (Correct answer)
- Upon arrest and booking
- When the suspect is identified as a target of investigation
Correct answer: At the initiation of formal adversarial proceedings such as arraignment or indictment
The Sixth Amendment right to counsel attaches at the initiation of formal adversarial proceedings—arraignment, preliminary hearing, indictment, or information—not merely upon arrest.
Question 7: A Michigan officer stops a vehicle for speeding and smells marijuana inside. Under current Michigan law (marijuana legalization), what authority does the odor alone provide?
- Automatic probable cause to search the entire vehicle for any contraband
- The odor may contribute to probable cause but legalization affects the analysis—officers must consider the totality of circumstances (Correct answer)
- No authority; marijuana odor can never support probable cause after legalization
- Authority to arrest all occupants immediately
Correct answer: The odor may contribute to probable cause but legalization affects the analysis—officers must consider the totality of circumstances
Following Michigan's marijuana legalization, courts have held that the odor of marijuana alone may not constitute probable cause; officers must consider all circumstances since legal possession is now possible.
MCOLES Criminal Law and Procedure 5
Under Michigan law, at what point is a person considered to be in 'custody' for Miranda purposes?