POST Criminal Law and Procedure 2 — Questions and Answers
Question 1: Under the fruit of the poisonous tree doctrine, which of the following would most likely be admissible?
- Evidence discovered through an illegal search
- A confession obtained after an unlawful arrest
- Evidence discovered through an independent source unrelated to the illegal search (Correct answer)
- Statements made after Miranda rights were violated
Correct answer: Evidence discovered through an independent source unrelated to the illegal search
The independent source doctrine allows evidence to be admitted if it was discovered through a source entirely separate from the illegal police conduct.
Question 2: Which standard of proof is required to obtain a search warrant?
- Reasonable suspicion
- Probable cause (Correct answer)
- Preponderance of the evidence
- Beyond a reasonable doubt
Correct answer: Probable cause
The Fourth Amendment requires probable cause supported by oath or affirmation before a neutral magistrate will issue a search warrant.
Question 3: A suspect invokes their right to counsel during custodial interrogation. Officers may legally resume questioning if:
- The suspect initiates further communication with officers (Correct answer)
- Two hours have passed since the invocation
- A different officer who was not present conducts the questioning
- The suspect is re-Mirandized by a supervisor
Correct answer: The suspect initiates further communication with officers
Under Edwards v. Arizona, once counsel is invoked all questioning must cease unless the suspect themselves initiates further communication.
Question 4: What is the legal definition of 'curtilage' in the context of Fourth Amendment protections?
- The interior rooms of a home
- The area immediately surrounding the home that shares its intimate activities (Correct answer)
- Any private property owned by the suspect
- A fenced area that is clearly marked as private
Correct answer: The area immediately surrounding the home that shares its intimate activities
Curtilage is the area immediately surrounding a home that is so intimately connected to the home that it shares the home's Fourth Amendment protections.
Question 5: An officer arrests a suspect for a traffic misdemeanor. Under the search incident to arrest doctrine, the officer may lawfully search:
- The entire vehicle and trunk
- Only the passenger compartment and any open containers
- The arrestee's person and the area within their immediate control (Correct answer)
- Any area the suspect could have accessed in the prior 30 minutes
Correct answer: The arrestee's person and the area within their immediate control
Chimel v. California limits a search incident to arrest to the arrestee's person and the area within their immediate control at the time of arrest.
Question 6: Which of the following best describes 'mens rea'?
- The physical act required to commit a crime
- The guilty mind or criminal intent element of a crime (Correct answer)
- The harm caused to a victim
- The concurrence of act and result
Correct answer: The guilty mind or criminal intent element of a crime
Mens rea refers to the mental state or criminal intent required to be guilty of most crimes.
Question 7: Under the exclusionary rule established in Mapp v. Ohio, illegally obtained evidence is excluded from trial to:
- Punish the individual officer who violated the law
- Deter future police misconduct by removing the incentive for illegal searches (Correct answer)
- Compensate the defendant for the constitutional violation
- Ensure the jury considers only the most reliable evidence
Correct answer: Deter future police misconduct by removing the incentive for illegal searches
The primary purpose of the exclusionary rule is deterrence — to discourage law enforcement from conducting unconstitutional searches and seizures.
POST Criminal Law and Procedure 2
Under the fruit of the poisonous tree doctrine, which of the following would most likely be admissible?