Question
Criminal Law and Procedure | Search and Seizure | ESSAY
Hard
...ting from out of town. Police knocked on the apartment door without a warrant 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 hal...
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 | ESSAY
Hard
...e. On the driver's seat, Chen also found Dana's smartphone. Without a warrant, he opened the phone and searched recent messages, finding texts about drug sales. The department later claimed the entire search was valid as...
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
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 | 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 | 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 | Search and Seizure | ESSAY
Hard
...that Nora was growing marijuana inside her rural farmhouse. Without a warrant, two officers walked up Nora's front path with a trained drug dog. The dog sniffed around the front door and alerted. The officers then walked...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. IV, Katz v. United States, Florida v. Jardines, Kyllo v. United States, United States v. Dunn, Oliver v. United States
Question
Criminal Law and Procedure | Search and Seizure | MULTIPLE_CHOICE
Medium
...borated tip that a homeowner kept cocaine inside his house. Without a warrant, officers walked onto the homeowner's front porch with a trained drug dog. The dog sniffed at the front door and alerted. Which statement is m...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. IV, Florida v. Jardines
Question
Criminal Law and Procedure | Search and Seizure | MULTIPLE_CHOICE
Medium
Without a warrant, officers climbed over a locked farm gate marked "No Trespassing" and walked half a mile from the farmhouse to an unfenced field. The field was not used for family activities and was separated from the...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. IV, Oliver v. United States
Question
Criminal Law and Procedure | Theft and Property Crimes | MULTIPLE_CHOICE
Medium
...r states the common-law robbery rule. NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 222.1
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
...rial, but the judge excluded her testimony because Malik's lawyer had listed her as a witness one day late. The judge did not consider a continuance or other lesser sanction. During voir dire, Juror 8 said he did not kno...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Washington v. Texas, Chambers v. Mississippi, Brady v. Maryland, Smith v. Phillips
Question
Criminal Law and Procedure | Right to Counsel and Trial Rights | ESSAY
Hard
...ture argument, and the relationship between confrontation and hearsay exceptions. This essay tests testimonial hearsay, primary-purpose doctrine, forensic reports, forfeiture by w...
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 | Search and Seizure | ESSAY
Hard
...e the transaction inside. Three weeks later, an officer applied for a warrant. The affidavit described the controlled buy and the informant's prior reliability. The warrant authorized officers to search "Apartment 4B and...
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 | Identification and Lineups | ESSAY
Hard
...duce both pretrial identifications and an in-court identification. Ballistics evidence also links Sam's gun to the shooting. Sam moves to suppress the identification evidence. Analyze the hospital showup, the later lineu...
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
Question
Criminal Law and Procedure | Confessions and Miranda | ESSAY
Hard
...o use those answers in a bribery trial. Separately, police obtained a warrant to collect Priya's fingerprints, a handwriting exemplar, and a blood sample. They also ordered Priya to state from memory the passcode to a lo...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. V, Schmerber v. California, Fisher v. United States, Doe v. United States, Garrity v. New Jersey, Miranda v. Arizona
Question
Criminal Law and Procedure | Identification and Lineups | MULTIPLE_CHOICE
Medium
...t rule for compelled voice exemplars. NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. V, United States v. Dionisio, United States v. Wade
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. V, United States v. Dionisio, United States v. Wade
Question
Criminal Law and Procedure | Confessions and Miranda | ESSAY
Hard
...ter helped prosecutors prove motive. Two hours later, detectives gave complete Miranda warnings, Omar signed a waiver form, and he repeated that he shot the victim over a debt. Omar moves to suppress each statement and t...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. V, Miranda v. Arizona, New York v. Quarles, Pennsylvania v. Muniz, Rhode Island v. Innis
Question
Criminal Law and Procedure | Constitutional Procedure | ESSAY
Medium
...record includes facts suggesting that practice was unreasonable or incomplete in this setting. The opponent argues that custom ends the analysis. How should the court, tribunal, or decision maker resolve the dispute? Di...
Citations: Common law criminal doctrine, Model Penal Code principles, Fourth, Fifth, Sixth, and Fourteenth Amendment criminal procedure doctrine
Question
Criminal Law and Procedure | Inchoate Offenses | ESSAY
Hard
...courier to the buyer's apartment and waited outside while the courier completed the sale. Police arrested both as the courier returned to the car. Prosecutors charge the defendant with solicitation, attempt to distribute...
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 | Inchoate Offenses | MULTIPLE_CHOICE
Medium
...t describes solicitation? The best answer states when solicitation is complete. NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 5.02
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 5.02
Question
Criminal Law and Procedure | Inchoate Offenses | MULTIPLE_CHOICE
Medium
...he car. Prosecutors charge solicitation, attempt, conspiracy, and the completed arson. Which statement best describes ordinary merger principles? The best answer states the ordinary inchoate-offense merger rules. NCBE Ne...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 5.05
Question
Criminal Law and Procedure | Inchoate Offenses | ESSAY
Hard
...it arson. The store owner argues that there was no real agreement, no completed arson, and that he withdrew before any harm occurred. Analyze the solicitation and conspiracy charges under common approaches, including agr...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 5.02, Model Penal Code 5.03
Question
Criminal Law and Procedure | Theft and Property Crimes | ESSAY
Hard
...dispute and lit the neighbor's curtains on fire. The curtains burned completely, and flames charred part of a wooden window frame before sprinklers extinguished the fire. The apartment was in a building where the neighb...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 220.1, Model Penal Code 221.1
Question
Criminal Law and Procedure | Substantive Crimes | ESSAY
Medium
...record includes facts suggesting that practice was unreasonable or incomplete in this setting. The opponent argues that custom ends the analysis. How should the court, tribunal, or decision maker resolve the dispute? Di...
Citations: Common law criminal doctrine, Model Penal Code offense principles, Due process proof-beyond-a-reasonable-doubt doctrine
Question
Criminal Law and Procedure | Homicide | ESSAY
Hard
...mer, and that the later traffic death occurred after the burglary was complete. Analyze the felony-murder charges for each death under common approaches, including qualifying felony, merger, agency and proximate-cause th...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 210.2