MCOLES Criminal Procedure and Arrest Questions and Answers

Question 1

A peace officer observes a person commit a civil infraction. During the stop, the officer develops reasonable cause to believe the person has also committed a misdemeanor punishable by 90 days in jail, which did not occur in the officer's presence. According to Michigan Compiled Laws (MCL) 764.15, what is the officer's authority to arrest?

Accepted Answer

The officer cannot arrest for the misdemeanor because it was not committed in their presence and is not punishable by more than 92 days.

Answer

MCL 764.15(1)(d) specifies that a peace officer may arrest without a warrant when they have reasonable cause to believe a misdemeanor punishable by imprisonment for *more than 92 days* or a felony has been committed and reasonable cause to believe the person committed it. Since the misdemeanor is only punishable by 90 days and was not committed in the officer's presence, a warrantless arrest is not authorized under this statute for that specific offense.

Question 2

An officer is questioning a suspect who is in custody at the police station. The suspect clearly and unambiguously states, "I want to talk to a lawyer." What is the officer's legal obligation at this point?

Accepted Answer

The officer must immediately cease the interrogation until an attorney is present or the suspect reinitiates contact.

Answer

Once a suspect in custody makes an unambiguous request for an attorney, the U.S. Supreme Court's ruling in Miranda v. Arizona requires that all interrogation must cease immediately. Questioning can only resume if the attorney is present, or if the suspect voluntarily initiates further communication with the officers.

Question 3

Which of the following is the primary purpose of the 'Exclusionary Rule' in criminal procedure?

Accepted Answer

To deter police misconduct by making illegally obtained evidence inadmissible in court.

Answer

The exclusionary rule is a judicially created remedy designed to deter law enforcement from violating a person's Fourth Amendment rights. It achieves this by prohibiting the prosecution from using evidence obtained through an illegal search or seizure in their case-in-chief against the defendant.

Question 4

An officer conducts a lawful traffic stop. The officer observes the driver, who is the sole occupant, making furtive movements toward the passenger compartment. Based on training and experience, the officer develops a reasonable suspicion that the driver may be armed and dangerous. What action is the officer justified in taking under *Terry v. Ohio*?

Accepted Answer

Order the driver out of the vehicle and conduct a pat-down (frisk) of their outer clothing for weapons.

Answer

The U.S. Supreme Court case *Terry v. Ohio* established the standard for an investigative detention and frisk. If an officer has a reasonable, articulable suspicion that a person is armed and dangerous, the officer may conduct a limited pat-down of the individual's outer clothing to search for weapons for the officer's safety. This does not initially justify a full search of the vehicle or an arrest without further probable cause.

Question 5

Under Michigan law (MCL 764.16), a private citizen may make a "citizen's arrest." In which of the following scenarios is a citizen authorized to make an arrest?

Accepted Answer

If the person to be arrested has committed a felony, even if it was not in the citizen's presence.

Answer

MCL 764.16 explicitly states that a private person may make an arrest if the person to be arrested has committed a felony, regardless of whether it was in the private person's presence. The authority to arrest for misdemeanors is generally limited to specific situations like retail fraud for merchants or when summoned by a peace officer, not for any misdemeanor.

MCOLES - Michigan Commission on Law Enforcement Standards Practice Test

MCOLES - Michigan Commission on Law Enforcement Standards Practice Test

MCOLES Criminal Procedure and Arrest Questions and Answers