CO Bar Criminal Procedure 3

Question 1

Police attach a GPS tracker to a suspect's car without a warrant and monitor it for 28 days. Under United States v. Jones, this is:

Accepted Answer

A Fourth Amendment search, because the physical trespass to obtain information triggers constitutional protection

Answer

Jones held that physically installing a GPS device on a vehicle to gather information is a Fourth Amendment search under the trespass theory.

Question 2

A defendant is indicted for robbery and retains counsel. Police then place an informant in his cell who deliberately elicits incriminating statements about the robbery. The statements are:

Accepted Answer

Inadmissible, because deliberate elicitation after indictment violates the Sixth Amendment right to counsel

Answer

Under Massiah, the Sixth Amendment bars government agents from deliberately eliciting statements about charged offenses outside counsel's presence.

Question 3

In Colorado, the speedy trial statute generally requires trial to commence within what period after a not guilty plea, absent waiver or excludable delay?

Accepted Answer

Six months

Answer

Colorado's speedy trial statute, section 18-1-405, requires trial within six months of a not guilty plea unless time is waived or excluded.

Question 4

During a valid traffic stop, an officer orders the driver out of the car without any particularized suspicion. Under Pennsylvania v. Mimms, this order is:

Accepted Answer

Lawful, because officer safety justifies ordering a lawfully stopped driver out of the vehicle

Answer

Mimms permits ordering the driver out of a lawfully stopped vehicle as a de minimis intrusion justified by officer safety.

Question 5

A defendant pleads guilty after his lawyer wrongly assures him the plea carries no deportation risk, and deportation was clearly mandated by statute. Under Padilla v. Kentucky, the defendant:

Accepted Answer

May claim ineffective assistance, because counsel must correctly advise on clear deportation consequences

Answer

Padilla holds that failing to advise about clear deportation consequences of a plea is deficient performance under Strickland.

(CO Bar) Colorado Bar Exam Practice Test

(CO Bar) Colorado Bar Exam Practice Test

CO Bar Criminal Procedure 3