POSSE Criminal Law & Procedure 2

Question 1

The 'plain view' doctrine allows a peace officer to seize evidence without a warrant when:

Accepted Answer

The officer is in a lawful position, the item is immediately apparent as contraband or evidence, and discovery is inadvertent

Answer

The officer is inside a building and sees the item through a window

Answer

A suspect points out the location of illegal items

Answer

The officer has probable cause to believe evidence is nearby

Question 2

Which of the following is NOT a recognized exigent circumstance that permits a warrantless entry?

Accepted Answer

Preventing a minor misdemeanor from occurring

Answer

Hot pursuit of a fleeing felon

Answer

Imminent destruction of evidence

Answer

Community caretaking to check on a person's welfare

Question 3

When a suspect invokes their right to remain silent during a Miranda-compliant interrogation, the officer must:

Accepted Answer

Cease questioning and honor the invocation

Answer

Immediately release the suspect

Answer

Continue questioning if probable cause exists

Answer

Obtain a supervisor's approval to continue

Question 4

Under the concept of 'vicarious liability,' a department may be held responsible for an officer's misconduct when:

Accepted Answer

The department ratified or had a policy that caused the constitutional violation

Answer

The officer acted in good faith

Answer

The misconduct occurred during off-duty hours

Answer

The officer was following training guidelines

Question 5

A 'grand jury' serves which primary function in the criminal justice process?

Accepted Answer

Deciding whether sufficient evidence exists to formally charge a defendant with a felony

Answer

Determining guilt or innocence at trial

Answer

Sentencing convicted defendants

Answer

Reviewing appeals from lower courts

Question 6

In criminal law, 'mens rea' refers to:

Accepted Answer

The guilty mind or criminal intent required for a crime

Answer

The physical act constituting a crime

Answer

The victim's role in provoking an offense

Answer

The legal standard for sentencing enhancements

Question 7

Which of the following describes a 'consent search'?

Accepted Answer

A warrantless search conducted after a person voluntarily agrees to be searched

Answer

A search authorized by a magistrate's warrant

Answer

A search permitted because exigent circumstances exist

Answer

A search of a vehicle following a lawful traffic stop