POST Criminal Law and Procedure 5 — Questions and Answers
Question 1: Which of the following best describes 'actus reus'?
- The criminal intent required to commit a crime
- The voluntary physical act or unlawful omission that constitutes a crime (Correct answer)
- The harm caused to society by criminal behavior
- The legal duty to prevent a crime from occurring
Correct answer: The voluntary physical act or unlawful omission that constitutes a crime
Actus reus is the physical, voluntary act or criminally culpable omission that, combined with mens rea, constitutes a criminal offense.
Question 2: A suspect is in custody and asks, 'Should I get a lawyer?' How should an officer respond?
- Tell the suspect it is up to them and continue questioning
- Clarify the question and ask if the suspect is requesting a lawyer
- Treat this as an unambiguous invocation and immediately cease questioning (Correct answer)
- Inform the suspect that questioning will continue regardless
Correct answer: Treat this as an unambiguous invocation and immediately cease questioning
Under Berghuis v. Thompkins, while an ambiguous invocation may not require cessation, the safest and recommended practice is to treat any apparent request for counsel as an invocation and stop questioning.
Question 3: A photographic lineup (photo array) must be conducted in a manner that:
- Uses only recent photos taken by law enforcement
- Minimizes suggestion by using a blind administrator and fillers who match the description (Correct answer)
- Includes at least ten photographs to reduce the chance of misidentification
- Is conducted with the suspect present to ensure fairness
Correct answer: Minimizes suggestion by using a blind administrator and fillers who match the description
Best practices for photo arrays include using a blind or blinded administrator and selecting fillers who match the witness's description of the perpetrator to reduce the risk of misidentification.
Question 4: Under the Castle Doctrine in states that recognize it, a person generally has the right to use deadly force:
- Anywhere they have a legal right to be
- In their home against an intruder without a duty to retreat (Correct answer)
- Only if they can prove the intruder was armed
- After providing a verbal warning to the intruder
Correct answer: In their home against an intruder without a duty to retreat
The Castle Doctrine removes the common law duty to retreat when a person is in their own home and faces an unlawful intruder, allowing use of deadly force in self-defense.
Question 5: An officer is dispatched to a domestic disturbance. Upon arrival, there is no ongoing violence and the victim says they do not want to press charges. The officer should:
- Leave immediately since no crime is visible and the victim refuses to cooperate
- Document the incident, check for injuries, and make an arrest if probable cause exists based on the officer's independent investigation (Correct answer)
- Arrest both parties to sort it out at the station
- Only take a report but make no arrest without victim cooperation
Correct answer: Document the incident, check for injuries, and make an arrest if probable cause exists based on the officer's independent investigation
Officers have independent authority to make an arrest in domestic violence situations based on probable cause, regardless of the victim's wishes, and must document evidence and injuries.
Question 6: The 'inevitable discovery' exception to the exclusionary rule provides that:
- Evidence obtained illegally may be used if the officer would have eventually found it through lawful means (Correct answer)
- Any evidence found during a lawful search is admissible even if the search exceeded its scope
- Officers may use illegally obtained evidence to establish probable cause for a second search
- The exclusionary rule does not apply when officers act in good faith
Correct answer: Evidence obtained illegally may be used if the officer would have eventually found it through lawful means
Inevitable discovery, established in Nix v. Williams, allows admission of illegally obtained evidence if the prosecution can demonstrate it would have been inevitably discovered through independent lawful means.
Question 7: Which of the following is required for a valid consent search?
- Written consent signed by the person searched
- Voluntary consent, free from coercion, given by someone with actual or apparent authority (Correct answer)
- A Miranda warning before requesting consent
- Presence of a supervisor or witness to the consent
Correct answer: Voluntary consent, free from coercion, given by someone with actual or apparent authority
A valid consent search requires that consent be given voluntarily — without coercion, duress, or deception — by a person with actual or apparent authority over the area to be searched.
POST Criminal Law and Procedure 5
Which of the following best describes 'actus reus'?