Criminal Procedure Flashcards

A defendant's first trial ends in a hung jury and the judge declares a mistrial. The State retries him. His double jeopardy objection will:

Answer: Fail, because a hung jury is a manifest necessity permitting retrial

A genuinely deadlocked jury is the classic example of manifest necessity, so retrial does not violate double jeopardy.

Indiana's implied consent law provides that a driver who refuses a certified chemical test after a lawful request will:

Answer: Face license suspension, and the refusal is admissible at trial

Under Indiana's implied consent statute, refusal triggers license suspension and may be admitted as evidence at trial.

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 conduct:

Answer: Is a Fourth Amendment search because the physical trespass to the vehicle was for the purpose of obtaining information

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

At a lineup conducted after indictment, the defendant has no lawyer present and a witness identifies him. At trial, the witness identifies him again in court. The in-court identification is:

Answer: Admissible only if the State shows by clear and convincing evidence an independent source untainted by the lineup

Post-indictment lineups without counsel violate Wade-Gilbert, but an in-court identification survives if it has an independent origin shown by clear and convincing evidence.

A defendant in Indiana files a motion for a speedy trial under Criminal Rule 4(B) while incarcerated on the charge. The State must bring him to trial within:

Answer: 70 days of the motion, absent delay chargeable to the defendant or court congestion

Indiana Criminal Rule 4(B) entitles an incarcerated defendant who moves for an early trial to be tried within 70 days.

An officer arrests a suspect based on a warrant that, unknown to the officer, had been quashed months earlier due to a court clerk's bookkeeping error. Drugs found in the search incident to arrest are:

Answer: Admissible, because the exclusionary rule does not apply to isolated negligence by court employees

Under Arizona v. Evans and Herring, evidence is not suppressed when the error stems from isolated negligence by court personnel rather than police misconduct.

A prosecutor uses peremptory strikes to remove the only two Black jurors from the venire. Defense counsel objects under Batson. The first step of the Batson analysis requires the defendant to:

Answer: Make a prima facie showing that the strikes give rise to an inference of purposeful racial discrimination

Batson's first step requires only a prima facie showing of circumstances raising an inference of discriminatory purpose.