MCOLES - Michigan Commission on Law Enforcement Standards Criminal Law and Procedure Questions and Answers

Question 1

A Michigan peace officer conducts a traffic stop for a minor moving violation.
During the stop, the officer develops reasonable suspicion that the driver may be armed and dangerous.
Under Terry v.
Ohio and its interpretation in Michigan, what is the permissible scope of a frisk of the vehicle's passenger compartment?

Accepted Answer

A limited search of the passenger compartment where a weapon may be placed or hidden.

Answer

A full search of the entire vehicle, including the trunk.

Answer

A search of any containers within the vehicle, locked or unlocked.

Answer

The officer cannot search the vehicle at all without a warrant or consent.

Question 2

Under Michigan Compiled Laws (MCL) 764.15, a peace officer may make a warrantless arrest for which of the following offenses NOT committed in the officer's presence?

Accepted Answer

A misdemeanor punishable by imprisonment for more than 92 days, when the officer has reasonable cause.

Answer

A civil infraction, such as a parking violation.

Answer

Any misdemeanor offense.

Answer

An ordinance violation that is not also a state law violation.

Question 3

An officer in Lansing obtains evidence through a search warrant that is later found to be invalid due to a technical error made by the issuing magistrate. The officer, however, executed the warrant believing it was valid. Under Michigan law, which exception to the exclusionary rule would likely allow the evidence to be admitted in court?

Accepted Answer

The good-faith exception.

Answer

The inevitable discovery doctrine.

Answer

The plain view doctrine.

Answer

The exigent circumstances exception.

Question 4

An individual is arrested without a warrant in Michigan on a felony charge. According to Michigan Court Rules and case law, what is the maximum time the individual can generally be held before a judicial determination of probable cause must be made?

Accepted Answer

48 hours

Answer

24 hours

Answer

72 hours

Answer

Until the formal arraignment, regardless of time.

Question 5

A police officer responds to a domestic disturbance. Upon arrival, he observes a person with minor injuries who states their spouse, who is still present, just assaulted them. The officer did not witness the assault. Which of the following is the most accurate statement regarding the officer's authority to arrest under Michigan law?

Accepted Answer

The officer can make a warrantless arrest if there is reasonable cause to believe a domestic assault occurred.

Answer

The officer must obtain a warrant before making an arrest since the assault was not witnessed.

Answer

The officer can only arrest if the victim is willing to sign a complaint on the spot.

Answer

The officer can only issue a citation and leave.

Question 6

Which of the following is required to establish 'probable cause' for an arrest in Michigan, distinguishing it from 'reasonable suspicion'?

Accepted Answer

A set of articulable facts and circumstances that would lead a reasonable person to believe a crime has been committed by the suspect.

Answer

A gut feeling or hunch based on officer experience.

Answer

A reasonable presumption that a crime might occur in the future.

Answer

Absolute certainty that the suspect committed the crime.