POST - Peace Officer Standards and Training Criminal Law and Procedure 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?

Accepted Answer

The Plain View Doctrine.

Answer

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?

Accepted Answer

The breaking and entering of a dwelling.

Answer

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?

Accepted Answer

The confession will be suppressed because the suspect's Fifth Amendment right to counsel was violated.

Answer

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?

Accepted Answer

Probable cause that the laptop will be found at the location.

Answer

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?

Accepted Answer

An accessory after the fact

Answer

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.

POST - Peace Officer Standards and Training Practice Test

POST - Peace Officer Standards and Training Practice Test

POST - Peace Officer Standards and Training Criminal Law and Procedure Questions and Answers