MCOLES - Michigan Commission on Law Enforcement Standards Criminal Law and Procedure Questions and Answers

Question 1

A Michigan peace officer conducts a traffic stop for a minor moving violation. During the stop, the officer develops reasonable suspicion that the driver may be armed and dangerous. Under Terry v. Ohio and its interpretation in Michigan, what is the permissible scope of a frisk of the vehicle's passenger compartment?

Accepted Answer

A limited search of the passenger compartment where a weapon may be placed or hidden.

Answer

The U.S. Supreme Court case Michigan v. Long extended the 'Terry frisk' principle to vehicles. It allows officers to conduct a protective search of the passenger compartment, limited to those areas where a weapon may be placed or hidden, if they have a reasonable belief the suspect is dangerous and may gain immediate control of weapons.

Question 2

Under Michigan Compiled Laws (MCL) 764.15, a peace officer may make a warrantless arrest for which of the following offenses NOT committed in the officer's presence?

Accepted Answer

A misdemeanor punishable by imprisonment for more than 92 days, when the officer has reasonable cause.

Answer

MCL 764.15(1)(d) specifically authorizes a peace officer to make a warrantless arrest if the officer has reasonable cause to believe a misdemeanor punishable by imprisonment for more than 92 days has been committed and reasonable cause to believe the person committed it. Warrantless arrests for misdemeanors not committed in the officer's presence are generally limited to more serious offenses.

Question 3

An officer in Lansing obtains evidence through a search warrant that is later found to be invalid due to a technical error made by the issuing magistrate. The officer, however, executed the warrant believing it was valid. Under Michigan law, which exception to the exclusionary rule would likely allow the evidence to be admitted in court?

Accepted Answer

The good-faith exception.

Answer

Michigan adopted the good-faith exception to the exclusionary rule in People v. Goldston. This exception allows evidence obtained through a defective search warrant to be admissible if the officer relied on the warrant in objective good faith. The purpose is to avoid penalizing police for a magistrate's error.

Question 4

An individual is arrested without a warrant in Michigan on a felony charge. According to Michigan Court Rules and case law, what is the maximum time the individual can generally be held before a judicial determination of probable cause must be made?

Accepted Answer

48 hours

Answer

Michigan law requires that an arrestee be arraigned 'without unnecessary delay.' Case law, aligning with federal standards from Riverside Co. v. McLaughlin, establishes that a judicial determination of probable cause must generally be made within 48 hours of a warrantless arrest to be considered constitutionally prompt. A delay beyond 48 hours is presumptively unreasonable.

Question 5

A police officer responds to a domestic disturbance. Upon arrival, he observes a person with minor injuries who states their spouse, who is still present, just assaulted them. The officer did not witness the assault. Which of the following is the most accurate statement regarding the officer's authority to arrest under Michigan law?

Accepted Answer

The officer can make a warrantless arrest if there is reasonable cause to believe a domestic assault occurred.

Answer

Michigan law (MCL 764.15a) provides specific authority for warrantless arrests in domestic assault cases. An officer may arrest a person without a warrant, regardless of whether the violation was committed in their presence, if the officer has reasonable cause to believe the person committed an assault on a spouse, former spouse, or household member.

MCOLES - Michigan Commission on Law Enforcement Standards Practice Test

MCOLES - Michigan Commission on Law Enforcement Standards Practice Test

MCOLES - Michigan Commission on Law Enforcement Standards Criminal Law and Procedure Questions and Answers