CT Bar Criminal Law & Evidence 2 — Questions and Answers
Question 1: Under the Fourth Amendment, which exception allows police to search a vehicle without a warrant when it is lawfully stopped and there is probable cause to believe it contains contraband?
- Plain view doctrine
- Automobile exception (Correct answer)
- Inventory search exception
- Terry stop exception
Correct answer: Automobile exception
The automobile exception permits warrantless searches of vehicles when officers have probable cause to believe the vehicle contains evidence of a crime or contraband.
Question 2: A defendant is charged with felony murder. The underlying felony is robbery. During the robbery, a co-felon accidentally trips and drops his gun, which discharges and kills a bystander. Is the defendant liable for felony murder?
- No, because the death was accidental
- No, because the defendant did not fire the weapon
- Yes, because death occurred during the commission of the robbery (Correct answer)
- Yes, only if the defendant was the one who brought the gun
Correct answer: Yes, because death occurred during the commission of the robbery
Under felony murder doctrine, any death that occurs during the commission of an enumerated felony makes all participants liable for murder, regardless of intent or who caused the death.
Question 3: Which hearsay exception applies to a statement made by a patient to a physician describing the cause of their injuries for the purpose of medical diagnosis or treatment?
- Present sense impression
- Excited utterance
- Statements for medical diagnosis or treatment (Correct answer)
- Recorded recollection
Correct answer: Statements for medical diagnosis or treatment
Statements made for purposes of medical diagnosis or treatment are admissible under FRE 803(4) because the declarant's motive to be truthful is presumed when seeking medical care.
Question 4: A defendant charged with burglary argues he entered the building with consent. Burglary requires breaking and entering without consent. On which party does the burden of production for consent fall?
- The prosecution must disprove consent beyond a reasonable doubt (Correct answer)
- The defendant must raise consent as an affirmative defense
- The prosecution bears no burden once breaking and entering is proven
- The jury must be instructed to presume no consent exists
Correct answer: The prosecution must disprove consent beyond a reasonable doubt
Because consent negates an element of burglary (unauthorized entry), the prosecution must disprove consent beyond a reasonable doubt once it is raised.
Question 5: Under the Confrontation Clause analysis from Crawford v. Washington, which statement would NOT be considered 'testimonial' and therefore not subject to the confrontation requirement?
- A formal affidavit prepared for trial by a lab technician
- A 911 call reporting an ongoing domestic disturbance (Correct answer)
- A sworn deposition taken in preparation for litigation
- A written statement given to police after a crime scene was secured
Correct answer: A 911 call reporting an ongoing domestic disturbance
A 911 call reporting an ongoing emergency is non-testimonial because its primary purpose is to enable police to respond to an ongoing emergency, not to establish facts for prosecution.
Question 6: Dan shoots Victor intending to kill him. Victor survives but suffers permanent paralysis. Dan is charged with attempted murder. Which mental state is required?
- Negligence
- Recklessness
- Knowledge that death was practically certain
- Specific intent to kill (Correct answer)
Correct answer: Specific intent to kill
Attempted murder requires specific intent to kill (purpose), not merely knowledge or recklessness, because attempt is a specific intent crime tied to the completed offense's result element.
Question 7: Police arrest a suspect and read Miranda warnings. The suspect says 'Maybe I should talk to a lawyer.' How must police respond?
- Continue questioning because the invocation was ambiguous
- Cease all questioning immediately
- Ask one clarifying question about whether the suspect wants a lawyer (Correct answer)
- Provide a phone book and allow a brief break
Correct answer: Ask one clarifying question about whether the suspect wants a lawyer
Under Davis v. United States, an ambiguous invocation of the right to counsel allows officers to ask one narrow clarifying question to determine whether the suspect is invoking that right.
CT Bar Criminal Law & Evidence 2
Under the Fourth Amendment, which exception allows police to search a vehicle without a warrant when it is lawfully stopped and there is probable cause to believe it contains contraband?