MCOLES Criminal Procedure and Arrest 3 — Questions and Answers
Question 1: A person invokes their right to counsel during a custodial interrogation. What must officers do?
- Continue questioning but allow the suspect to call an attorney afterward
- Immediately cease all interrogation until counsel is present or the suspect reinitates (Correct answer)
- Switch to a different topic of questioning
- Provide a 30-minute break, then resume questioning
Correct answer: Immediately cease all interrogation until counsel is present or the suspect reinitates
Once a suspect unambiguously invokes the right to counsel, all interrogation must stop until an attorney is present or the suspect voluntarily reinitiates communication.
Question 2: Under the exclusionary rule, evidence obtained in violation of the Fourth Amendment is generally:
- Admissible if corroborated by other evidence
- Inadmissible in court as 'fruit of the poisonous tree' (Correct answer)
- Admissible at sentencing but not at trial
- Subject to judicial review but still usable
Correct answer: Inadmissible in court as 'fruit of the poisonous tree'
The exclusionary rule bars use of illegally obtained evidence at trial, and the 'fruit of the poisonous tree' doctrine extends that bar to derivative evidence.
Question 3: Which of the following is NOT a recognized exception to the exclusionary rule?
- Inevitable discovery
- Good faith reliance on a warrant
- Independent source
- Inevitable suspicion (Correct answer)
Correct answer: Inevitable suspicion
Recognized exceptions include inevitable discovery, good faith, independent source, and attenuation — 'inevitable suspicion' is not a legal doctrine.
Question 4: An officer arrests someone for a misdemeanor committed in the officer's presence. Under Michigan law, what must the officer generally do next?
- Transport the suspect to the prosecutor's office for charging
- Take the suspect before a magistrate without unnecessary delay (Correct answer)
- Hold the suspect for 72 hours before any court appearance
- Release the suspect immediately with a written summons
Correct answer: Take the suspect before a magistrate without unnecessary delay
Michigan law requires that an arrested person be taken before a magistrate or district court judge without unnecessary delay for arraignment.
Question 5: A confidential informant provides a tip that leads to an arrest. For probable cause purposes, the tip's reliability is evaluated under which standard?
- Two-prong Aguilar-Spinelli test exclusively
- Totality of the circumstances test (Illinois v. Gates) (Correct answer)
- Hearsay-exclusion standard from the Rules of Evidence
- Corroboration-only standard
Correct answer: Totality of the circumstances test (Illinois v. Gates)
Illinois v. Gates replaced the rigid Aguilar-Spinelli two-prong test with the totality of the circumstances analysis for evaluating informant tips.
Question 6: An officer stops a car at night and orders the driver out. The driver reaches under the seat. The officer draws their weapon and orders the driver to stop. This is best described as:
- An unlawful use of force requiring justification
- A reasonable precautionary measure during a lawful traffic stop (Correct answer)
- An arrest requiring Miranda warnings
- An unconstitutional show of authority
Correct answer: A reasonable precautionary measure during a lawful traffic stop
Officers may take reasonable precautionary steps, including drawing a weapon, when a suspect makes furtive movements during a lawful stop that could indicate danger.
Question 7: A suspect is released on their own recognizance (OR) after arraignment. What does this mean?
- The suspect posts a cash bond equal to 10% of bail
- The suspect is released based on a promise to appear without monetary bail (Correct answer)
- The suspect is placed in a halfway house
- The suspect must report daily to a probation officer
Correct answer: The suspect is released based on a promise to appear without monetary bail
Release on own recognizance means the court releases the defendant based solely on their written promise to appear, without requiring a cash bail deposit.
MCOLES Criminal Procedure and Arrest 3
A person invokes their right to counsel during a custodial interrogation.
What must officers do?