MCOLES Criminal Procedure and Arrest 4 — Questions and Answers
Question 1: Which amendment to the U.S. Constitution protects individuals against unreasonable searches and seizures by government actors?
- Second Amendment
- Fourth Amendment (Correct answer)
- Fifth Amendment
- Sixth Amendment
Correct answer: Fourth Amendment
The Fourth Amendment prohibits unreasonable searches and seizures and requires warrants to be supported by probable cause and particularly describe the place and items.
Question 2: An officer observes a bulge in a suspect's waistband during a lawful Terry stop. The officer conducts a pat-down and feels what seems to be a weapon. What may the officer do?
- Arrest the suspect immediately for a weapons offense
- Remove the object if there is reasonable suspicion it is a weapon (Correct answer)
- Only observe and document; no touching is permitted during a Terry stop
- Require the suspect to remove all clothing for inspection
Correct answer: Remove the object if there is reasonable suspicion it is a weapon
During a Terry stop, an officer may conduct a limited pat-down of outer clothing for weapons if there is reasonable suspicion the suspect is armed and dangerous.
Question 3: Under the plain view doctrine, an officer may seize an item without a warrant if which three conditions are met?
- Officer is lawfully present, item is in plain view, and incriminating nature is immediately apparent (Correct answer)
- Officer suspects criminal activity, item is accessible, and a supervisor approves
- Warrant names the item, officer can reach it, and the owner is absent
- Officer has a tip, item is in plain view, and lab confirms contraband
Correct answer: Officer is lawfully present, item is in plain view, and incriminating nature is immediately apparent
Plain view seizure requires lawful presence at the location, the evidence being in plain view, and the incriminating character being immediately apparent.
Question 4: A suspect voluntarily speaks to police without being in custody. Are Miranda warnings required?
- Yes — any police questioning requires Miranda
- No — Miranda applies only to custodial interrogation (Correct answer)
- Yes — once a suspect is a person of interest, Miranda applies
- No — Miranda only applies after formal charging
Correct answer: No — Miranda applies only to custodial interrogation
Miranda warnings are required only when a suspect is both in custody and subject to interrogation; voluntary, non-custodial conversations do not trigger Miranda.
Question 5: Michigan law permits a citizen's arrest for a misdemeanor only when:
- The citizen suspects criminal activity based on prior knowledge
- The misdemeanor is a breach of the peace committed in the citizen's presence (Correct answer)
- A police officer authorizes the citizen to make the arrest
- The citizen has received law enforcement training
Correct answer: The misdemeanor is a breach of the peace committed in the citizen's presence
Under Michigan common law, a private citizen may arrest for a breach of the peace misdemeanor only when it occurs in the citizen's direct presence.
Question 6: An officer finds drugs during a valid search incident to arrest. The arrest is later determined to be unlawful. What happens to the drug evidence?
- It remains admissible because the officer acted in good faith
- It is suppressed as fruit of the unlawful arrest (Correct answer)
- It is admissible because drugs are inherently dangerous
- It is held pending a new arrest warrant
Correct answer: It is suppressed as fruit of the unlawful arrest
If the underlying arrest was unlawful, any evidence found in the search incident to that arrest is also tainted and subject to suppression as fruit of the poisonous tree.
Question 7: During a traffic stop, an officer smells alcohol and asks the driver to perform field sobriety tests. The driver refuses. What can the officer do in Michigan?
- Immediately arrest the driver solely for the refusal
- Note the refusal, use other evidence of impairment, and arrest if probable cause exists (Correct answer)
- Release the driver because refusal eliminates probable cause
- Call a supervisor and wait for a warrant before any further action
Correct answer: Note the refusal, use other evidence of impairment, and arrest if probable cause exists
A driver's refusal to perform field sobriety tests can be noted as part of the totality, but the officer must establish probable cause from all available evidence before arresting for OWI.
MCOLES Criminal Procedure and Arrest 4
Which amendment to the U.S.
Constitution protects individuals against unreasonable searches and seizures by government actors?