Criminal Law and Procedure
What the exam tests
This domain tests the constitutional frame around arrests, stops, searches, seizures, interrogations, and elements of common offenses. Expect scenario questions asking whether evidence is admissible, whether force was reasonable, and whether a statement can be used. Local statutes vary; apply the Constitution, your state law, and department policy.
Core rules
- Fourth Amendment: searches and seizures must be reasonable. A warrant needs probable cause, particularity, and a neutral magistrate.
- Terry stop: reasonable suspicion of criminal activity; a frisk requires reasonable suspicion the person is armed and dangerous.
- Warrant exceptions include consent, exigency, search incident to lawful arrest, automobile, plain view, and inventory.
- Miranda applies to custodial interrogation; custody is objective, and invocation must be honored.
- Sixth Amendment counsel attaches after formal charges for critical stages.
- Use of force is judged by objective reasonableness under Graham v. Connor from the officer's perspective at the time.
Worked example
An officer stops a car for an expired registration. While speaking at the window, the officer sees a clear bag of white powder on the back seat. The driver denies ownership. The officer orders everyone out and searches the passenger compartment, finding a handgun. Reasoning: the bag was in plain view from a lawful vantage, and its incriminating character was immediately apparent. That observation supplied probable cause to believe contraband was in the vehicle, permitting a passenger-compartment search under the automobile exception. The stop was not unlawfully prolonged before the observation.
Traps that cost marks
- Calling a hunch probable cause.
- Treating an arrest as automatically triggering Miranda.
- Searching after consent is withdrawn or exceeded.
- Ignoring state law that is stricter than federal law.