MCOLES Test flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Larceny elements

Trespassory taking and carrying away of another person's personal property with intent to permanently deprive the owner of that property.

Robbery defined

Larceny accomplished by force or fear, with property taken from the victim's person or presence; armed robbery requires a dangerous weapon or an article the victim reasonably believes is one.

First-degree murder

Requires premeditation and deliberation, or death during the perpetration of an enumerated felony such as robbery, home invasion, or kidnapping; punishable by mandatory life without parole in Michigan.

Voluntary intoxication defense

Voluntary intoxication is not a defense to general-intent crimes but may negate the specific intent element required for certain offenses such as first-degree premeditated murder or larceny.

Terry stop standard

A brief investigative detention is lawful when an officer has reasonable suspicion, based on specific and articulable facts, that a person is involved in or about to commit a crime.

Frisk authority

A pat-down of outer clothing is permitted when the officer reasonably suspects the person is armed and dangerous; the frisk is limited to locating weapons, not evidence.

Vehicle search incident to arrest

After arresting an occupant, officers may search the passenger compartment only if the arrestee is unsecured and within reaching distance or if evidence of the offense of arrest is likely present.

Miranda trigger

Miranda warnings are required before custodial interrogation, meaning questioning by an officer that is reasonably likely to elicit an incriminating response while the person is not free to leave.

Objective reasonableness standard

Force is judged by what a reasonable officer would do under the same circumstances, considering the severity of the crime, the immediate threat, and whether the subject resisted or fled.

High-risk stop positioning

Stop offset to the left and slightly behind the violator's vehicle, use the patrol car as cover, keep out of the direct line of fire, and wait for backup before making contact.

Cover versus concealment

Cover stops projectiles and protects from gunfire, while concealment only hides an officer from view; officers should always seek cover and avoid relying on concealment alone.

Custody search sequence

Search before handcuffing, apply handcuffs double-locked behind the back, then conduct a thorough search of the person and the immediate area before transport.

Corpus delicti rule

A confession alone cannot support a conviction; independent evidence must show that the charged crime actually occurred before the defendant's statement may be considered.

Chain of custody

A documented, unbroken record of each person who handled evidence from seizure through trial; gaps generally affect the weight of the evidence rather than automatic admissibility.

Excited utterance exception

A statement about a startling event made while the declarant is still under the stress of that event is admissible hearsay because the excitement reduces the opportunity for reflection and fabrication.

Double-blind photo lineup

The officer administering the lineup does not know which photo is the suspect, reducing inadvertent cues; fillers should match the witness's description of the perpetrator.

Michigan OWI per se limit

A person is guilty of operating while intoxicated with a bodily alcohol content of 0.08 or more; a 0.17 or higher elevates the offense to high BAC.

Zero tolerance under 21

Michigan prohibits a person under 21 from operating a vehicle with any bodily alcohol content of 0.02 or more, and the offense carries license sanctions and points.

Implied consent refusal

A driver arrested for OWI who refuses a chemical test faces a license suspension, and the refusal may be used against the driver at trial.

Michigan move-over law

When approaching a stationary emergency vehicle with flashing lights, drivers must move over at least one lane or, if unable, slow to a safe speed.

Michigan juvenile age

Under Michigan's raise-the-age law, juvenile court jurisdiction generally covers persons under 18 at the time of the offense, unless the case is waived or designated to adult court.

Status offense

Conduct that is unlawful only because of the person's age, such as truancy, curfew violation, or running away, and is handled as a status offense rather than delinquency.

T.L.O. school search

School officials may search a student without a warrant when there is reasonable suspicion of a violation, judged by the reasonableness of the search at its inception and scope.

Juvenile Miranda waiver

A juvenile's waiver is evaluated under the totality of the circumstances, including age, education, intelligence, prior experience, and length of questioning; parental presence is not constitutionally required.

Section 1983 liability

A civil action against a person who, acting under color of law, deprives another of rights secured by the Constitution or federal law; officers may be sued individually.

Qualified immunity

Shields officers from civil damages unless their conduct violated a clearly established statutory or constitutional right that a reasonable officer would have known.

Garner deadly force rule

Deadly force may not be used to prevent the escape of a fleeing suspect unless the officer has probable cause to believe the suspect poses a significant threat of death or serious injury.

Duty to intervene

An officer who observes another officer using excessive force must intervene when in a position to do so and report the conduct to a supervisor.

Garrity protection

Statements compelled from an officer under threat of discipline cannot be used against the officer in a subsequent criminal prosecution, though they may be used administratively.

Brady obligation

The prosecution must disclose material exculpatory evidence to the defense; officers must document and forward information that tends to negate guilt or impeach credibility.

Ethnic intimidation statute

Michigan law makes it a crime to maliciously intimidate or harass another person because of race, color, religion, gender, or national origin.

Report accuracy standard

Police reports must be complete, factual, objective, and timely; knowingly false statements in reports or affidavits can result in criminal charges and decertification.