IN Bar Criminal Procedure 2

Question 1

Police stop a driver for a broken taillight and, without any additional suspicion, extend the stop 20 minutes to wait for a drug-sniffing dog. Under Rodriguez v. United States, the resulting dog alert and search are:

Accepted Answer

Unconstitutional, because prolonging a stop beyond its mission requires independent reasonable suspicion

Answer

Rodriguez holds that police may not extend a traffic stop beyond the time needed to complete its mission absent 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 suspect's statement was ambiguous and did not unequivocally invoke the right to counsel

Answer

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

Question 3

Under Indiana Criminal Rule 4(C), a defendant not brought to trial within what period (excluding delays caused by the defendant or court congestion) must be discharged?

Accepted Answer

One year from the later of arrest or charging

Answer

Indiana Criminal Rule 4(C) requires trial within one year of the later of the charge or arrest, subject to chargeable delays.

Question 4

Officers execute a valid warrant to search a house for a stolen 60-inch television. While searching, an officer opens a small jewelry box and finds drugs. The drugs are:

Accepted Answer

Inadmissible, because a television could not be found in a jewelry box, so the search exceeded the warrant's scope

Answer

A warrant permits searching only places where the named item could reasonably be found, and a large TV cannot fit in a jewelry box.

Question 5

Article 1, Section 11 of the Indiana Constitution differs from Fourth Amendment analysis in that Indiana courts apply:

Accepted Answer

A reasonableness test under the totality of the circumstances, per Litchfield v. State, which can provide greater protection than federal law

Answer

Litchfield v. State established an independent totality-of-the-circumstances reasonableness analysis balancing suspicion, intrusion, and law enforcement needs.

(IN Bar) Indiana Bar Exam Practice Test

(IN Bar) Indiana Bar Exam Practice Test

IN Bar Criminal Procedure 2