MCOLES Criminal Procedure and Arrest 2 — Questions and Answers
Question 1: Under Michigan law, what is the maximum time an officer may detain a suspect for a Terry stop before the stop becomes a de facto arrest?
- 15 minutes
- 30 minutes
- No fixed time — detention must last only as long as reasonably necessary (Correct answer)
- 60 minutes
Correct answer: No fixed time — detention must last only as long as reasonably necessary
Michigan follows the federal Terry standard: an investigative stop must last only as long as is reasonably necessary to confirm or dispel the officer's suspicion.
Question 2: An officer arrests a person without a warrant for a felony committed outside the officer's presence. Which standard must be met?
- Reasonable suspicion
- Probable cause (Correct answer)
- Preponderance of the evidence
- Clear and convincing evidence
Correct answer: Probable cause
A warrantless felony arrest requires probable cause to believe the person committed the felony, even if the act occurred outside the officer's presence.
Question 3: Which exception allows officers to enter a home without a warrant when they are in hot pursuit of a fleeing felony suspect?
- Plain view doctrine
- Exigent circumstances — hot pursuit (Correct answer)
- Community caretaking exception
- Consent search exception
Correct answer: Exigent circumstances — hot pursuit
Hot pursuit is an exigent circumstance that justifies warrantless entry into a home to prevent a fleeing felony suspect from escaping.
Question 4: A driver is lawfully stopped for speeding. The officer smells marijuana and sees a baggie on the passenger seat. Under what authority may the officer search the vehicle?
- Search incident to arrest only
- Automobile exception based on probable cause (Correct answer)
- Inventory search procedure
- Consent is required before any search
Correct answer: Automobile exception based on probable cause
The automobile exception permits a warrantless vehicle search when there is probable cause to believe it contains contraband or evidence of a crime.
Question 5: Which Miranda warning element specifically addresses a suspect's right during questioning?
- You have the right to remain silent (Correct answer)
- You have the right to a speedy trial
- You have the right to confront witnesses
- You have the right to a jury of your peers
Correct answer: You have the right to remain silent
Miranda warnings include the right to remain silent, that anything said can be used in court, the right to an attorney, and the right to appointed counsel if indigent.
Question 6: An officer is executing a search warrant for a house. A person not named in the warrant is present. Can the officer detain that person during the search?
- No — only persons named in the warrant may be detained
- Yes — occupants present during a valid search warrant may be temporarily detained (Correct answer)
- Only if the person attempts to leave
- Only if a second warrant is obtained
Correct answer: Yes — occupants present during a valid search warrant may be temporarily detained
Under Michigan v. Summers (adopted in Michigan), officers may detain occupants present on the premises while a valid search warrant is being executed.
Question 7: After a lawful custodial arrest, an officer may search the arrested person incident to arrest primarily to accomplish which two goals?
- Gather intelligence and identify gang affiliations
- Protect officer safety and prevent destruction of evidence (Correct answer)
- Document inventory and collect DNA
- Verify identity and issue citations
Correct answer: Protect officer safety and prevent destruction of evidence
A search incident to a lawful arrest is justified by the twin rationales of protecting officer safety and preventing the arrestee from destroying evidence.
MCOLES Criminal Procedure and Arrest 2
Under Michigan law, what is the maximum time an officer may detain a suspect for a Terry stop before the stop becomes a de facto arrest?