CO Bar Criminal Procedure 2

Question 1

Police stop a driver for a broken taillight and, during the stop, a drug dog alerts on the car after officers extended the stop 20 minutes solely to wait for the dog. Under Rodriguez v. United States, the evidence found is:

Accepted Answer

Inadmissible, because prolonging a stop beyond its mission without reasonable suspicion violates the Fourth Amendment

Answer

Rodriguez holds that extending a traffic stop beyond the time needed to complete its mission requires independent reasonable suspicion.

Question 2

A suspect in custody says, 'Maybe I should talk to a lawyer.' Police continue questioning and obtain a confession. Under Davis v. United States, the confession is:

Accepted Answer

Admissible, because the reference to counsel was ambiguous and did not require police to stop

Answer

Davis requires an unambiguous request for counsel before police must cease interrogation.

Question 3

In Colorado, a defendant charged by information with a felony is entitled to a preliminary hearing primarily to determine:

Accepted Answer

Whether probable cause exists to believe the defendant committed the charged offense

Answer

A Colorado preliminary hearing screens felony charges for probable cause, not guilt or suppression issues.

Question 4

Officers arrest a man in his living room under a valid arrest warrant and, incident to arrest, search a closed dresser drawer in an upstairs bedroom. The search of the drawer is:

Accepted Answer

Invalid, because a search incident to arrest is limited to the arrestee's wingspan and immediate area

Answer

Chimel limits searches incident to arrest to the area within the arrestee's immediate control.

Question 5

A defendant's first trial ends in a hung jury and the judge declares a mistrial over defense objection. Retrial is:

Accepted Answer

Permitted, because a hung jury is manifest necessity and double jeopardy does not bar retrial

Answer

A genuinely deadlocked jury is the classic example of manifest necessity permitting retrial.

(CO Bar) Colorado Bar Exam Practice Test

(CO Bar) Colorado Bar Exam Practice Test

CO Bar Criminal Procedure 2