CO Bar Criminal Procedure 5

Question 1

Police without a warrant obtain seven days of a suspect's historical cell-site location records from his carrier. Under Carpenter v. United States, this is:

Accepted Answer

A Fourth Amendment search requiring a warrant, despite the third-party doctrine

Answer

Carpenter held that accessing historical cell-site location information is a search because of the comprehensive record of movements it reveals.

Question 2

At sentencing, a judge finds facts by a preponderance that increase the defendant's sentence beyond the statutory maximum authorized by the jury verdict. Under Apprendi, this is:

Accepted Answer

Unconstitutional, because any fact increasing the penalty beyond the statutory maximum must be found by a jury beyond a reasonable doubt

Answer

Apprendi requires that facts other than a prior conviction that raise the maximum sentence be proved to a jury beyond a reasonable doubt.

Question 3

In Colorado, after the 2020 bail reforms, a person arrested for most low-level offenses is entitled to:

Accepted Answer

A prompt individualized bond determination with a presumption favoring release on the least restrictive conditions

Answer

Colorado law favors release on the least restrictive conditions and requires prompt individualized bond hearings rather than fixed cash schedules.

Question 4

A homeowner's houseguest staying overnight objects to a warrantless police search of the home. The guest has standing to challenge the search because:

Accepted Answer

Overnight guests have a legitimate expectation of privacy in the host's home under Minnesota v. Olson

Answer

Olson recognized that overnight guests share their host's expectation of privacy, unlike brief commercial visitors under Carter.

Question 5

The prosecution uses peremptory strikes to remove all three Black prospective jurors, and the defense objects. Under Batson, the trial court must first determine whether:

Accepted Answer

The defense has made a prima facie showing that the strikes were based on race

Answer

Batson's first step requires a prima facie showing of racial discrimination before the burden shifts to the striking party to give a race-neutral reason.

(CO Bar) Colorado Bar Exam Practice Test

(CO Bar) Colorado Bar Exam Practice Test

CO Bar Criminal Procedure 5