MCOLES Criminal Procedure and Arrest 3

Question 1

A person invokes their right to counsel during a custodial interrogation. What must officers do?

Accepted Answer

Immediately cease all interrogation until counsel is present or the suspect reinitates

Answer

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:

Accepted Answer

Inadmissible in court as 'fruit of the poisonous tree'

Answer

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?

Accepted Answer

Inevitable suspicion

Answer

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?

Accepted Answer

Take the suspect before a magistrate without unnecessary delay

Answer

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?

Accepted Answer

Totality of the circumstances test (Illinois v. Gates)

Answer

Illinois v. Gates replaced the rigid Aguilar-Spinelli two-prong test with the totality of the circumstances analysis for evaluating informant tips.

MCOLES - Michigan Commission on Law Enforcement Standards Practice Test

MCOLES - Michigan Commission on Law Enforcement Standards Practice Test

MCOLES Criminal Procedure and Arrest 3