POSSE Criminal Law & Procedure 2 — Questions and Answers
Question 1: The 'plain view' doctrine allows a peace officer to seize evidence without a warrant when:
- The officer is in a lawful position, the item is immediately apparent as contraband or evidence, and discovery is inadvertent (Correct answer)
- The officer is inside a building and sees the item through a window
- A suspect points out the location of illegal items
- The officer has probable cause to believe evidence is nearby
Correct answer: The officer is in a lawful position, the item is immediately apparent as contraband or evidence, and discovery is inadvertent
Under the plain view doctrine, officers may seize items without a warrant if they are lawfully present, the incriminating nature is immediately apparent, and they have lawful access to the object.
Question 2: Which of the following is NOT a recognized exigent circumstance that permits a warrantless entry?
- Hot pursuit of a fleeing felon
- Imminent destruction of evidence
- Community caretaking to check on a person's welfare
- Preventing a minor misdemeanor from occurring (Correct answer)
Correct answer: Preventing a minor misdemeanor from occurring
Preventing a minor misdemeanor alone does not constitute an exigent circumstance; the government interest must be substantial and the threat must be immediate.
Question 3: When a suspect invokes their right to remain silent during a Miranda-compliant interrogation, the officer must:
- Immediately release the suspect
- Continue questioning if probable cause exists
- Cease questioning and honor the invocation (Correct answer)
- Obtain a supervisor's approval to continue
Correct answer: Cease questioning and honor the invocation
Once a suspect unambiguously invokes the right to silence, officers must immediately cease questioning; continuing to question violates the Fifth Amendment.
Question 4: Under the concept of 'vicarious liability,' a department may be held responsible for an officer's misconduct when:
- The officer acted in good faith
- The misconduct occurred during off-duty hours
- The department ratified or had a policy that caused the constitutional violation (Correct answer)
- The officer was following training guidelines
Correct answer: The department ratified or had a policy that caused the constitutional violation
Under Monell v. Department of Social Services, municipalities can be held liable under Section 1983 when an official policy or custom causes a constitutional violation.
Question 5: A 'grand jury' serves which primary function in the criminal justice process?
- Determining guilt or innocence at trial
- Sentencing convicted defendants
- Deciding whether sufficient evidence exists to formally charge a defendant with a felony (Correct answer)
- Reviewing appeals from lower courts
Correct answer: Deciding whether sufficient evidence exists to formally charge a defendant with a felony
A grand jury's role is to review evidence presented by the prosecution and determine whether there is probable cause to formally indict a defendant for a felony offense.
Question 6: In criminal law, 'mens rea' refers to:
- The physical act constituting a crime
- The guilty mind or criminal intent required for a crime (Correct answer)
- The victim's role in provoking an offense
- The legal standard for sentencing enhancements
Correct answer: The guilty mind or criminal intent required for a crime
Mens rea is the mental element of a crime — the intent or knowledge that makes an act criminal — and is required to establish guilt for most serious offenses.
Question 7: Which of the following describes a 'consent search'?
- A search authorized by a magistrate's warrant
- A search permitted because exigent circumstances exist
- A warrantless search conducted after a person voluntarily agrees to be searched (Correct answer)
- A search of a vehicle following a lawful traffic stop
Correct answer: A warrantless search conducted after a person voluntarily agrees to be searched
A consent search is constitutionally permissible when a person with apparent authority voluntarily and without coercion agrees to allow officers to conduct a search.
POSSE Criminal Law & Procedure 2
The 'plain view' doctrine allows a peace officer to seize evidence without a warrant when: