MEE Rule Statements

Question 1

A proper arrest is one that is based on

Answer 1

probable cause

Question 2

Facts supporting probable cause may come from

Answer 2

a number of different sources, including a police officer’s personal observations

Question 3

A warrantless search is invalid if it is

Answer 3

reasonable in scope and if it is made incident to a lawful arrest.

Question 4

under the plain view doctrine, if an item is in public view it may

Answer 4

be seized without a warrant since there is no reasonable expectation of privacy for such an item.

Question 5

The fourth amendment does not require police to obtain a warrant to search a vehicle if

Answer 5

they have probable cause to believe it contains contraband or evidence of a criminal activity.

Question 6

custodial interrogation is

Answer 6

questioning initiated by law enforcement officers after a person has been taken into custody.

Question 7

A person under arrest is

Answer 7

in custody and any police questioning of the person under arrest would thus be custodial interrogation.

Question 8

Questioning of a suspect by a police officer subsequent to arrest must be

Answer 8

preceded by miranda warnings and a waiver or the suspect’s miranda rights are violated.

Question 9

If questioning of a suspect was a custodial interrogation that violated miranda, the suspect’s statement during that custodial interrogation would be

Answer 9

excluded from the prosecution’s case in chief. but the exclusion does not apply to statements the suspect makes in response to subsequent interrogation.

Question 10

Violations of miranda do not necessarily support the

Answer 10

fruit of the poisonous tree doctrine.

Question 11

Interrogation of an arrestee must stop once

Answer 11

the arrestee invokes the right to counsel under the 5th amendment.

Question 12

The interrogation must stop until

Answer 12

counsel is present.

Question 13

The right to counsel under the 5th amendment is not

Answer 13

automatic

Question 14

In order to invoke the 5th amendment right to counsel, the defendant must

Answer 14

make a specific, unambiguous statement that he wishes to have counsel present.

Question 15

A person has a 4th amendment right to be free from

Answer 15

unreasonable seizure

Question 16

A person is seized by the police when

Answer 16

the officer, by means of physical force or show of authority, terminates or restrains freedom in such a way that a reasonable person would believe that he was not free to leave

Question 17

the 4th amendment permits detention of an individual for

Answer 17

a brief period of time if the police have a reasonable suspicion based on articulable facts that the individual in question has been recently involved in criminal activity.

Question 18

Whether reasonable suspicion exists is based on the

Answer 18

totality of the circumstances.

Question 19

any statement obtained as the result of custodial interrogation may

Answer 19

not be used against the suspect at a subsequent trial unless the police provided procedural safeguards effective to secure the privilege against self-incrimination.

Question 20

An interrogation refers not only to questioning, but also to

Answer 20

any words or actions that the police know or should know are likely to elicit an incriminating response.