MCOLES Criminal Procedure and Arrest 5 — Questions and Answers
Question 1: Which legal doctrine allows evidence discovered through an independent investigation, separate from any constitutional violation, to be admitted at trial?
- Good faith exception
- Inevitable discovery doctrine
- Independent source doctrine (Correct answer)
- Attenuation doctrine
Correct answer: Independent source doctrine
The independent source doctrine admits evidence obtained through a lawful investigation that is wholly separate from and untainted by the constitutional violation.
Question 2: A Michigan officer makes a warrantless arrest for a misdemeanor not committed in the officer's presence. This arrest is generally:
- Lawful if the officer had reasonable suspicion
- Unlawful under Michigan law unless a statutory exception applies (Correct answer)
- Lawful if the officer notifies dispatch immediately
- Lawful if the suspect has a prior criminal record
Correct answer: Unlawful under Michigan law unless a statutory exception applies
Michigan law generally requires that a misdemeanor be committed in the officer's presence for a warrantless arrest, with limited statutory exceptions.
Question 3: An officer knocks on a door to conduct a welfare check and the occupant opens it, revealing drug paraphernalia in plain sight. The officer may:
- Enter and seize the paraphernalia under plain view and lawful presence (Correct answer)
- Only make a note and apply for a warrant before re-entering
- Not seize anything because no warrant was obtained
- Arrest the occupant only if they admit ownership
Correct answer: Enter and seize the paraphernalia under plain view and lawful presence
Because the officer was lawfully at the door and the contraband was in plain view when the door was voluntarily opened, the plain view doctrine permits seizure.
Question 4: What is the primary purpose of the initial appearance/arraignment held promptly after a Michigan arrest?
- To allow the prosecution to present evidence to a jury
- To inform the defendant of the charges, advise of rights, and set bail (Correct answer)
- To conduct a preliminary hearing on the merits of the case
- To allow the defendant to enter a formal plea of guilty or not guilty
Correct answer: To inform the defendant of the charges, advise of rights, and set bail
At arraignment, the court informs the accused of the charges, advises of constitutional rights, determines bail, and schedules future proceedings.
Question 5: A suspect waives Miranda rights and confesses, but claims the waiver was coerced. What standard is used to evaluate whether the waiver was valid?
- The waiver must be proven coerced by clear and convincing evidence
- The waiver must be voluntary, knowing, and intelligent under the totality of circumstances (Correct answer)
- The waiver is presumed invalid unless witnessed by defense counsel
- The waiver is valid only if given in writing
Correct answer: The waiver must be voluntary, knowing, and intelligent under the totality of circumstances
A Miranda waiver is valid only if it was made voluntarily, knowingly, and intelligently, assessed under the totality of the circumstances surrounding the interrogation.
Question 6: Under Graham v. Connor, the objective reasonableness standard for use of force during an arrest is evaluated from whose perspective?
- A reasonable judge reviewing the incident after the fact
- A reasonable officer on the scene at the moment of the incident (Correct answer)
- The suspect's perspective of perceived threat
- An internal affairs investigator with full knowledge of events
Correct answer: A reasonable officer on the scene at the moment of the incident
Graham v. Connor requires that use-of-force decisions be judged from the perspective of a reasonable officer on the scene, not with 20/20 hindsight.
Question 7: An officer has a warrant to arrest John Smith at 123 Main Street. Upon arrival, a different person answers claiming John Smith no longer lives there. The officer may:
- Enter and search the entire home for John Smith
- Enter only if there is reason to believe John Smith is currently inside (Correct answer)
- Arrest the person who answered the door in place of John Smith
- Execute the warrant at any address associated with John Smith
Correct answer: Enter only if there is reason to believe John Smith is currently inside
An arrest warrant authorizes entry into the named suspect's home only when officers have a reasonable belief the suspect is present inside at the time of entry.
MCOLES Criminal Procedure and Arrest 5
Which legal doctrine allows evidence discovered through an independent investigation, separate from any constitutional violation, to be admitted at trial?