Question
Criminal Law and Procedure | Search and Seizure | ESSAY
Hard
...ds check, handcuffed her, and placed her in the patrol car. Chen then searched the passenger compartment, opened the glove box, and found a scale. In the trunk, Chen found a locked backpack. He pried it open and found co...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. IV, Arizona v. Gant, California v. Acevedo, United States v. Ross, Riley v. California, South Dakota v. Opperman
Question
Criminal Law and Procedure | Search and Seizure | MULTIPLE_CHOICE
Medium
...fed him, and locked him in the back of a patrol car. The officer then searched the passenger compartment of the driver's car and found a packet of cocaine under the front seat. The officer had no reason to believe eviden...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. IV, Arizona v. Gant
Question
Criminal Law and Procedure | Inchoate Offenses | ESSAY
Hard
A defendant asked a courier to deliver illegal drugs to a buyer, saying, "Take this package across town and sell it for me." The courier agreed. The defendant then drove the courier to the buyer's apartment and waited ou...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 5.01, Model Penal Code 5.02, Model Penal Code 5.03, Model Penal Code 5.05
Question
Criminal Law and Procedure | Search and Seizure | ESSAY
Hard
...ulled his patrol car beside Leo, turned on the spotlight, and said, "Stop right there." Leo stopped. The officer asked Leo what was in the backpack. Leo said, "School books," but kept one hand in his jacket pocket. The o...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. IV, Terry v. Ohio, California v. Hodari D., Minnesota v. Dickerson, Rodriguez v. United States, Illinois v. Caballes
Question
Criminal Law and Procedure | Identification and Lineups | ESSAY
Hard
...itely her." Separately, before speaking to detectives, the victim had searched social media on her own and saved a photo from Maria's public page because she thought Maria looked like the thief. Maria moves to suppress t...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, United States v. Ash, Simmons v. United States, Neil v. Biggers, Manson v. Brathwaite, Perry v. New Hampshire
Question
Criminal Law and Procedure | Search and Seizure | MULTIPLE_CHOICE
Medium
Officers lawfully entered a house with a warrant to search for a stolen television. While walking through the living room, an officer saw a clear plastic bag of cocaine on a coffee table. The officer immediately recogniz...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. IV, Horton v. California
Question
Criminal Law and Procedure | Confessions and Miranda | ESSAY
Hard
Police arrested Tara for a bank robbery and brought her to an interview room. A detective intentionally did not give Miranda warnings because, as he later wrote in a training memo, "It is easier to get the first admissio...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. V, Oregon v. Elstad, Missouri v. Seibert, United States v. Patane, Harris v. New York, Mincey v. Arizona
Question
Criminal Law and Procedure | Confessions and Miranda | MULTIPLE_CHOICE
Medium
Police chased an armed robbery suspect into a crowded supermarket. They arrested him near the checkout lanes and saw that his shoulder holster was empty. Without giving Miranda warnings, an officer asked, "Where is the g...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. V, New York v. Quarles
Question
Criminal Law and Procedure | Search and Seizure | MULTIPLE_CHOICE
Medium
An officer obtained a warrant to search a house for stolen laptops. The affidavit said only, "I believe stolen laptops are inside because the suspect is a bad person." The magistrate signed the warrant, and officers foun...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. IV, United States v. Leon
Question
Criminal Law and Procedure | Confessions and Miranda | ESSAY
Hard
Nina was arrested for armed robbery and taken to an interview room. A detective read the full Miranda warnings from a card. Nina said she understood. When asked whether she would talk, Nina shrugged and said, "I guess so...
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
Question
Criminal Law and Procedure | Confessions and Miranda | MULTIPLE_CHOICE
Medium
Police arrested a suspect, took him to an interview room, and questioned him without Miranda warnings. The suspect voluntarily said, "The gun is in my garage." Police found the gun there. No threats or promises were made...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. V, United States v. Patane, Miranda v. Arizona
Question
Criminal Law and Procedure | Confessions and Miranda | MULTIPLE_CHOICE
Medium
Police had a warrant to search a suspect's office safe for fraud records. The safe had a combination lock. Police ordered the suspect to state the memorized combination out loud. The suspect refused and invoked the Fifth...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. V, Doe v. United States, Schmerber v. California
Question
Criminal Law and Procedure | Identification and Lineups | MULTIPLE_CHOICE
Medium
Police showed a robbery victim a single photograph of the defendant and said, "This is the man we arrested for the robbery." The victim identified the defendant. The defendant moves to suppress on due process grounds. Wh...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. XIV, Neil v. Biggers, Manson v. Brathwaite, Perry v. New Hampshire
Question
Criminal Law and Procedure | Right to Counsel and Trial Rights | MULTIPLE_CHOICE
Medium
...ed 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 Sixth Amendme...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Rothgery v. Gillespie County
Question
Criminal Law and Procedure | Theft and Property Crimes | MULTIPLE_CHOICE
Medium
A defendant pointed a realistic toy gun at a cashier and demanded that the cashier open the register. The cashier, terrified, opened the register, and the defendant took the cash. Which statement best describes robbery?...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 222.1
Question
Criminal Law and Procedure | Right to Counsel and Trial Rights | ESSAY
Hard
...26 months later. The first four months were caused by Lena's request to replace counsel. The next 14 months resulted from repeated prosecution requests for continuances because the assigned prosecutor was busy with othe...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Barker v. Wingo, Waller v. Georgia, Duncan v. Louisiana, Blanton v. City of North Las Vegas
Question
Criminal Law and Procedure | Search and Seizure | ESSAY
Hard
...the informant's prior reliability. The warrant authorized officers to search "Apartment 4B and any containers inside for stolen medical devices, sales records, and proceeds." It did not mention cell phones. During execut...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. IV, Illinois v. Gates, United States v. Leon, Groh v. Ramirez, Riley v. California, Hudson v. Michigan
Question
Criminal Law and Procedure | Search and Seizure | MULTIPLE_CHOICE
Medium
An officer saw a man repeatedly look into a closed jewelry store window at midnight and confer with another person. The officer suspected a planned burglary. The officer stopped the man and considered patting down his ou...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. IV, Terry v. Ohio
Question
Criminal Law and Procedure | Search and Seizure | MULTIPLE_CHOICE
Medium
An officer stopped a driver for speeding, checked the driver's license, and issued a written warning. The officer had no facts suggesting drug activity but told the driver to wait an additional eight minutes for a drug d...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. IV, Rodriguez v. United States, Illinois v. Caballes
Question
Criminal Law and Procedure | Search and Seizure | MULTIPLE_CHOICE
Medium
During a lawful traffic stop, an officer smelled raw marijuana coming from the car and saw marijuana stems on the back seat. The officer opened a locked backpack on the rear floorboard and found more marijuana. Which sta...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. IV, California v. Acevedo, United States v. Ross
Question
Criminal Law and Procedure | Search and Seizure | ESSAY
Hard
...nt after receiving a tip. Malik opened the door. When police asked to search, Malik said, "No, you cannot come in." Ana then stepped into the hallway and said, "I live here too; you can search the living room and kitchen...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. IV, Rakas v. Illinois, Minnesota v. Olson, Minnesota v. Carter, Georgia v. Randolph, Murray v. United States, Nix v. Williams
Question
Criminal Law and Procedure | Search and Seizure | MULTIPLE_CHOICE
Medium
...not home. The suspect's roommate answered the door and consented to a search of the living room and the hall closet, both of which the roommate and suspect used. The suspect was not present to object. Police found stolen...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. IV, United States v. Matlock, Georgia v. Randolph
Question
Criminal Law and Procedure | Right to Counsel and Trial Rights | ESSAY
Hard
Victor was charged with domestic assault and drug possession. During the assault, the victim called 911 while Victor was still in the apartment. Crying and whispering, she told the operator, "He is in the kitchen with a...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Crawford v. Washington, Davis v. Washington, Melendez-Diaz v. Massachusetts, Giles v. California
Question
Criminal Law and Procedure | Identification and Lineups | ESSAY
Hard
...'s face under a streetlight before being wounded. At the hospital, doctors told police that the victim might need immediate surgery and might not survive. Police brought Sam, who had been stopped nearby with gunshot resi...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. XIV, Stovall v. Denno, Neil v. Biggers, Manson v. Brathwaite, United States v. Wade