...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
...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
.... After arresting the driver for unlawful gun possession, the officer searched the passenger compartment and a closed backpack on the rear seat, finding cash and additional pills. The officer also searched the driver's s...
Citations: U.S. Const. amend. IV, Terry v. Ohio, Pennsylvania v. Mimms, Maryland v. Wilson, Arizona v. Gant, United States v. Ross, Riley v. California
...ne from his pocket. Without a warrant, an officer opens the phone and searches text messages and photos for evidence of the robbery. Which statement is most accurate? The best answer applies Riley's distinction between s...
Citations: U.S. Const. amend. IV, Riley v. California
...t and his roommate. The roommate answered the door and said, "You can search the living room and my bedroom, but not his bedroom." The suspect stood behind the roommate and said, "Do not come in." Officers arrested the s...
Citations: U.S. Const. amend. IV, Schneckloth v. Bustamonte, Illinois v. Rodriguez, Georgia v. Randolph, Fernandez v. California, South Dakota v. Opperman, New Jersey v. T.L.O.
...r seat. Without getting a warrant or arresting the driver first, they search the van and open a small backpack in the cargo area, finding marijuana. Which statement is most accurate? The best answer applies the automobil...
Citations: U.S. Const. amend. IV, Carroll v. United States, United States v. Ross, California v. Acevedo
...subpoena. After arresting the driver during a traffic stop, officers searched his smartphone and opened encrypted messaging apps without a warrant. Later that evening, officers searched trash bags the driver had placed...
Citations: U.S. Const. amend. IV, Katz v. United States, Riley v. California, Carpenter v. United States, United States v. Jones, Florida v. Jardines, California v. Greenwood
...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
...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
A magistrate issues a search warrant based on an affidavit later found insufficient to establish probable cause. The affidavit was not knowingly false and described recent suspicious purchases and a tip from a named neig...
Citations: U.S. Const. amend. IV, United States v. Leon, Herring v. United States, Franks v. Delaware
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
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
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
Police stopped Driver D for speeding near the scene of a hit-and-run. Before arresting him, an officer asked, "Where are you coming from?" Driver D replied, "From the alley behind the bar." The officer then arrested Driv...
Citations: U.S. Const. amend. V, Miranda v. Arizona, Schmerber v. California, United States v. Hubbell, Kastigar v. United States
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
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
Officers ask a tenant for permission to search the apartment she shares with her cousin. She calmly says yes and lets them into the living room. The cousin is absent. The officers find evidence on a shared coffee table...
Citations: U.S. Const. amend. IV, Schneckloth v. Bustamonte, United States v. Matlock, Illinois v. Rodriguez, Georgia v. Randolph
Officers lawfully enter an apartment with a warrant to search for stolen televisions. While walking through the living room, an officer sees a clear bag of counterfeit passports on a coffee table and immediately recogniz...
Citations: U.S. Const. amend. IV, Horton v. California
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
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
Police lawfully arrest a suspect and compel him to provide a blood sample, appear in a lineup, give fingerprints, and copy a sentence in handwriting. The suspect argues that all four items violate the Fifth Amendment pri...
Citations: U.S. Const. amend. V, Schmerber v. California, United States v. Wade, Gilbert v. California
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
Police sought a warrant to search Apartment 4B for evidence of identity theft. The affidavit stated that a reliable informant had seen stolen credit cards in Apartment 4B within the past 48 hours and that utility records...
Citations: U.S. Const. amend. IV, Illinois v. Gates, Franks v. Delaware, United States v. Leon, Groh v. Ramirez
...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
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