Criminal Law and Procedure
Criminal Law and Procedure
This domain tests whether you can identify the elements of an offense, choose lawful authority for a stop, arrest, search, or seizure, and protect constitutional rights without losing the case on procedure. Missouri officers apply the U.S. Constitution, the Missouri Constitution, Chapter 563 for use of force, and various chapters for substantive offenses and procedure.
Core rules
- Every offense has elements; probable cause must connect facts to each element, not just a hunch.
- A warrant requires probable cause, particularity, and a neutral magistrate. Common exceptions include search incident to lawful arrest, automobile, plain view, consent, exigency, and inventory.
- Reasonable suspicion supports a Terry stop; probable cause supports arrest. Scope and duration must match the justification.
- Custodial interrogation triggers Miranda. Booking questions, spontaneous statements, and routine sobriety questions usually do not.
- Unconstitutional searches can lead to suppression of evidence and derivative evidence.
Worked example. An anonymous caller says a blue sedan at 5th and Main is carrying a gun. Officers see the described car but observe no traffic violation, no furtive movement, and no corroboration of the gun. They stop and search the car. The tip alone lacks indicia of reliability; a matching car does not create reasonable suspicion of criminal activity. The stop is unlawful and the gun is likely suppressed. If the caller had given predictive details that officers corroborated, the analysis could change.
Traps
- Treating reasonable suspicion and probable cause as interchangeable.
- Skipping an element in the report, such as intent or knowledge.
- Reciting Miranda but continuing to interrogate after a clear request for counsel.
- Searching incident to arrest for evidence when the arrest is for a minor traffic offense and custodial arrest is not lawful.
Exam focus
Apply the law to facts, state the legal standard, and explain why each action was or was not justified.