MCOLES Criminal Procedure and Arrest 4

Question 1

Which amendment to the U.S. Constitution protects individuals against unreasonable searches and seizures by government actors?

Accepted Answer

Fourth Amendment

Answer

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?

Accepted Answer

Remove the object if there is reasonable suspicion it is a weapon

Answer

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?

Accepted Answer

Officer is lawfully present, item is in plain view, and incriminating nature is immediately apparent

Answer

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?

Accepted Answer

No — Miranda applies only to custodial interrogation

Answer

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:

Accepted Answer

The misdemeanor is a breach of the peace committed in the citizen's presence

Answer

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.

MCOLES - Michigan Commission on Law Enforcement Standards Practice Test

MCOLES - Michigan Commission on Law Enforcement Standards Practice Test

MCOLES Criminal Procedure and Arrest 4