Detective did not witness a burglary but watched a store surveillance video afterward. At trial, the prosecutor asks Detective to testify that "the video showed Defendant breaking the display case." The prosecutor does n...
Citations: Fed. R. Evid. 1001, Fed. R. Evid. 1002, Fed. R. Evid. 1003
A defendant was indicted and appointed counsel for burglary. While he was in custody, detectives wanted to question him about an unrelated assault that occurred the next month and had not yet been charged. Which statemen...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Texas v. Cobb
A suspect was jailed while awaiting trial on a burglary charge. Police placed an undercover informant in the suspect's cell. The informant pretended to be another inmate and asked, "How did you get into the house?" The s...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. V, Illinois v. Perkins, Miranda v. Arizona
At a jury trial for burglary, the jury is sworn and the first witness begins testifying. The judge then declares a mistrial after a juror has a medical emergency and no alternate is available. The defendant objects to an...
Citations: U.S. Const. amend. V, United States v. Perez, Blockburger v. United States, Gamble v. United States
Damon was indicted for burglary of a pharmacy. At arraignment, counsel was appointed. Two days later, police placed a paid informant in Damon's jail cell. Officers told the informant not to ask direct questions but to "s...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Massiah v. United States, Brewer v. Williams, Texas v. Cobb, Montejo v. Louisiana
Officers investigating a burglary traced a stolen laptop to a house using the laptop's location software. They had probable cause but no warrant. When they arrived, they heard shouting inside and a crash that sounded lik...
Citations: U.S. Const. amend. IV, Payton v. New York, Brigham City v. Stuart, Kentucky v. King, Maryland v. Buie, Horton v. California
Police suspected a man of burglary for several weeks. They arrested him, but prosecutors did not file charges until two days later, when he had his first appearance before a judge. Which statement best describes when the...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Rothgery v. Gillespie County
...ior matters. First, Defendant was convicted seven years ago of felony burglary and released from confinement six years ago. Second, Defendant was convicted twelve years ago of felony tax return fraud and released from co...
Citations: Fed. R. Evid. 609(a), Fed. R. Evid. 609(b), Fed. R. Evid. 403
...door. Analyze whether the defendant is guilty of attempted larceny or burglary, including intent, substantial step, factual impossibility, and abandonment or renunciation. This essay tests attempt, substantial step, fact...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 5.01
...with laptops. The next morning, a cousin who had not known about the burglary hid the burglar's backpack after the burglar said, "I robbed the school last night." Prosecutors charge the friend as an accomplice to burgla...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 2.06
...p and left. Analyze the shopper's liability for larceny, robbery, and burglary, including the timing of force, breaking, entry, dwelling, nighttime, and intent at entry. This essay tests robbery, force timing, common-law...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 221.1, Model Penal Code 222.1
...ghbor lived year-round. The tenant argues that he cannot be guilty of burglary because he had permission to enter and formed the intent to burn only after entering. He also argues that he cannot be guilty of common-law a...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 220.1, Model Penal Code 221.1
...e man swung the toolbox and struck the guard. The man is charged with burglary, larceny, and battery. Which statement best describes the possible effect of the man's voluntary intoxication? The best answer captures the l...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 2.08
...night and confer with another person. The officer suspected a planned burglary. The officer stopped the man and considered patting down his outer clothing. Which statement best describes the governing rule? The best answ...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. IV, Terry v. Ohio
...t before touching anything. Which statement best describes common-law burglary? The best answer states the common-law burglary rule. NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 221.1
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 221.1
...r, and left the same note. Defendant was not convicted of the earlier burglary but a security video and toolmark evidence connect him to it. Which statement best describes the admissibility of the earlier burglary eviden...
Citations: Fed. R. Evid. 404(b), Fed. R. Evid. 104(b), Fed. R. Evid. 403
...ugh he still believed the compass was dangerous. Lane is charged with burglary, larceny, and property damage. Analyze Lane's potential insanity defense under the M'Naghten, irresistible-impulse, and Model Penal Code subs...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 4.01
..., Ian swung his elbow and broke the guard's nose. Ian is charged with burglary, larceny of the sculpture and laptop, and battery on the guard. Ian argues that he was too drunk to be guilty, that he honestly believed the...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 2.04, Model Penal Code 2.08
...ered, reminded Nina of her Miranda rights, and asked about a separate burglary. Nina said, "Fine, I will talk about that," and confessed to the burglary. The next morning, before any officer entered the room, Nina knocke...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. V, Miranda v. Arizona, Edwards v. Arizona, Davis v. United States, Michigan v. Mosley, Berghuis v. Thompkins
...was killed. Omar is charged with transporting controlled substances, burglary of the storage shed, theft of the bolt cutters, and criminal mischief for damaging the gate and electrical box. Analyze Omar's possible defen...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 2.09, Model Penal Code 3.02
...iends with felony murder for both deaths. The defense argues that the burglary merges with the homicide, that the guard rather than a felon killed the customer, and that the later traffic death occurred after the burglar...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 210.2
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