POST - Peace Officer Standards and Training Criminal Law and Procedure Questions and Answers — Questions and Answers
Question 1: An officer conducts a traffic stop for a broken taillight. As the officer approaches the vehicle, they smell the strong odor of burnt marijuana and see a clear baggie containing a green, leafy substance on the passenger seat. Which of the following provides the legal justification for the officer to search the vehicle without a warrant?
- Reasonable suspicion based on the traffic violation.
- The Plain View Doctrine. (Correct answer)
- Search incident to a lawful arrest.
- Consent to search from the driver.
Correct answer: The Plain View Doctrine.
The Plain View Doctrine allows an officer to seize evidence without a warrant if the officer is lawfully in a position to observe the item, and the incriminating character of the item is immediately apparent. In this case, the officer was lawfully present due to the valid traffic stop and saw the suspected marijuana in plain sight.
Question 2: Which of the following is a required element for the crime of burglary under common law?
- The breaking and entering of a dwelling. (Correct answer)
- The taking of property valued over a certain amount.
- The use of force or fear against a person.
- The act occurring during the daytime.
Correct answer: The breaking and entering of a dwelling.
Common law burglary requires the 'breaking and entering of the dwelling of another at nighttime with the intent to commit a felony therein.' The core physical act is the breaking and entering of a dwelling structure. Modern statutes have often modified these elements, but the breaking and entering component remains fundamental.
Question 3: During a custodial interrogation regarding a robbery, a suspect clearly and unambiguously states, 'I think I need a lawyer.' The detectives, however, continue the questioning, and the suspect eventually confesses. What is the most likely outcome regarding the confession in court?
- The confession will be admissible because the request for a lawyer was not definitive.
- The confession will be admissible because the detectives had overwhelming evidence of guilt.
- The confession will be suppressed because the suspect's Fifth Amendment right to counsel was violated. (Correct answer)
- The confession will be suppressed unless the suspect signs a written waiver after confessing.
Correct answer: The confession will be suppressed because the suspect's Fifth Amendment right to counsel was violated.
Once a suspect in custody makes an unambiguous request for an attorney, all interrogation must cease until counsel is present. Continuing to question the suspect after they have invoked their right to counsel violates their Fifth Amendment rights as established in Miranda v. Arizona, making the subsequent confession inadmissible.
Question 4: Officer Miller is investigating a report of a stolen laptop. A confidential informant, who has provided reliable information in the past, tells Officer Miller that the laptop is inside a specific house. To obtain a search warrant for the house, what must Officer Miller establish in his affidavit?
- Beyond a reasonable doubt that the laptop is in the house.
- A preponderance of the evidence that the suspect is guilty.
- Reasonable suspicion based on the informant's tip.
- Probable cause that the laptop will be found at the location. (Correct answer)
Correct answer: Probable cause that the laptop will be found at the location.
To issue a search warrant, a judge must be convinced there is probable cause. This means there is enough credible information to provide a 'fair probability' that the evidence sought will be found at the place to be searched. The officer's affidavit must articulate facts supporting this standard, such as the reliability of the informant and the specifics of their tip.
Question 5: A person who, after a felony has been committed, knowingly harbors, conceals, or aids a principal in that felony with the intent that the principal may avoid or escape from arrest, trial, conviction, or punishment, is known as what?
- An accomplice
- A co-conspirator
- An accessory after the fact (Correct answer)
- A principal in the second degree
Correct answer: An accessory after the fact
An accessory after the fact is someone who assists a principal after the crime has been committed, with knowledge of the crime and the intent to help the principal avoid legal consequences. This is distinct from an accomplice or co-conspirator, who are involved before or during the commission of the crime.
Question 6: For a crime to have occurred, there must be a concurrence of which two elements?
- Actus Reus and Causation
- Mens Rea and Attendant Circumstances
- Actus Reus and Mens Rea (Correct answer)
- Causation and Harm
Correct answer: Actus Reus and Mens Rea
A fundamental principle of criminal law is that a crime requires the concurrence of a guilty act (actus reus) and a guilty mind (mens rea). This means the person must have had the required criminal intent at the same time they performed the voluntary criminal act.
POST - Peace Officer Standards and Training Criminal Law and Procedure Questions and Answers
An officer conducts a traffic stop for a broken taillight.
As the officer approaches the vehicle, they smell the strong odor of burnt marijuana and see a clear baggie containing a green, leafy substance on the passenger seat.
Which of the following provides the legal justification for the officer to search the vehicle without a warrant?