POST Criminal Law and Procedure 3 — Questions and Answers
Question 1: A Terry stop is justified when an officer has:
- Probable cause to believe a crime has been committed
- Reasonable, articulable suspicion that criminal activity is afoot (Correct answer)
- A warrant issued by a magistrate
- Knowledge that the suspect has a prior criminal record
Correct answer: Reasonable, articulable suspicion that criminal activity is afoot
Terry v. Ohio established that a brief investigatory stop requires reasonable, articulable suspicion based on specific facts, not a mere hunch.
Question 2: Which scenario best illustrates the 'plain view' doctrine allowing seizure without a warrant?
- An officer moves a box to find drugs hidden underneath
- An officer lawfully in a home sees drug paraphernalia in open view on a table (Correct answer)
- An officer uses a flashlight to illuminate a dark area during a search
- An officer enters a closed garage after seeing suspicious activity nearby
Correct answer: An officer lawfully in a home sees drug paraphernalia in open view on a table
Plain view requires that the officer be lawfully present, the item be in plain view, and its incriminating nature be immediately apparent.
Question 3: Under the Sixth Amendment, a defendant's right to a speedy trial attaches when:
- The crime is committed
- The defendant is arrested or formally charged (Correct answer)
- The defendant requests a trial date
- The case is assigned to a judge
Correct answer: The defendant is arrested or formally charged
The Sixth Amendment right to a speedy trial attaches at the point of arrest or formal indictment/information, whichever comes first.
Question 4: What is the primary legal distinction between murder and voluntary manslaughter?
- The weapon used in the killing
- The presence or absence of adequate provocation causing sudden heat of passion (Correct answer)
- Whether the killing was premeditated for more than 24 hours
- The age of the victim
Correct answer: The presence or absence of adequate provocation causing sudden heat of passion
Voluntary manslaughter involves an intentional killing that occurs in the sudden heat of passion caused by adequate legal provocation, negating the malice required for murder.
Question 5: An officer stops a vehicle for a broken taillight. A passenger voluntarily blurts out, 'There's a gun under my seat.' The officer may lawfully:
- Ignore the statement as it was not in response to questioning
- Seize the gun as it was discovered through a spontaneous statement (Correct answer)
- Only note the statement and obtain a warrant before searching
- Ask the driver about the gun but not search without consent
Correct answer: Seize the gun as it was discovered through a spontaneous statement
Spontaneous statements not made in response to interrogation are admissible, and the officer may act on the information provided without a warrant under the plain view/plain feel or exigency doctrines.
Question 6: The crime of conspiracy requires which of the following elements?
- Completion of the target offense
- An agreement between two or more persons to commit a crime and an overt act in furtherance (Correct answer)
- Use of interstate commerce
- A written plan or contract between the conspirators
Correct answer: An agreement between two or more persons to commit a crime and an overt act in furtherance
Conspiracy requires an agreement between two or more people to commit an unlawful act and, in most jurisdictions, at least one overt act taken in furtherance of that agreement.
Question 7: Which constitutional amendment protects against double jeopardy?
- Fourth Amendment
- Fifth Amendment (Correct answer)
- Sixth Amendment
- Eighth Amendment
Correct answer: Fifth Amendment
The Fifth Amendment contains the Double Jeopardy Clause, which protects a defendant from being tried twice for the same offense after acquittal or conviction.
POST Criminal Law and Procedure 3
A Terry stop is justified when an officer has: