KS Bar Criminal Law and Procedure 2 — Questions and Answers
Question 1: Under the Fourth Amendment, which of the following is NOT a recognized exception to the warrant requirement?
- Search incident to lawful arrest
- Exigent circumstances
- Consent
- Statutory authorization by state legislature (Correct answer)
Correct answer: Statutory authorization by state legislature
The Fourth Amendment exceptions are judicially created; a state legislature cannot create new exceptions to the federal constitutional warrant requirement.
Question 2: A defendant is charged with felony murder in Kansas. The underlying felony is robbery. Which element must the prosecution prove beyond a reasonable doubt?
- The defendant personally caused the victim's death
- The death occurred during the commission or attempted commission of the robbery (Correct answer)
- The defendant intended to cause death while committing robbery
- The victim was aware of the robbery
Correct answer: The death occurred during the commission or attempted commission of the robbery
Kansas felony murder requires proof that the killing occurred during the commission or attempted commission of an inherently dangerous felony; no specific intent to kill is required.
Question 3: Miranda warnings are required when a suspect is:
- Briefly detained on the street for questioning
- In custody and subject to interrogation (Correct answer)
- Voluntarily speaking to police at the station
- Named as a suspect in a police report
Correct answer: In custody and subject to interrogation
Miranda warnings are triggered only when a suspect is both in custody and subject to interrogation by law enforcement.
Question 4: Which of the following best describes the 'plain view' doctrine?
- Police may search anywhere visible from a public street
- Officers may seize evidence without a warrant if lawfully present and incriminating nature is immediately apparent (Correct answer)
- Any item visible to the naked eye is subject to seizure
- Officers need only probable cause to enter and seize items in plain sight
Correct answer: Officers may seize evidence without a warrant if lawfully present and incriminating nature is immediately apparent
Plain view allows warrantless seizure when: the officer is lawfully present, the item is in plain view, and its incriminating character is immediately apparent.
Question 5: In Kansas, voluntary intoxication is generally:
- A complete defense to any criminal charge
- A defense only to specific intent crimes (Correct answer)
- Irrelevant and never admissible to negate intent
- A complete defense if the defendant did not know alcohol would affect them
Correct answer: A defense only to specific intent crimes
Kansas permits evidence of voluntary intoxication only to negate specific intent; it is not a defense to general intent crimes.
Question 6: The Sixth Amendment right to counsel attaches at:
- The moment of arrest
- The filing of formal charges or initial appearance, whichever is earlier
- The initiation of formal judicial proceedings (Correct answer)
- When the suspect invokes the right during interrogation
Correct answer: The initiation of formal judicial proceedings
The Sixth Amendment right to counsel attaches at the initiation of formal judicial proceedings such as indictment, arraignment, or preliminary hearing.
Question 7: Double jeopardy bars a second prosecution for the same offense after acquittal. Under Blockburger v. United States, two offenses are the 'same offense' when:
- They arise from the same criminal episode
- Neither offense requires proof of an element not required by the other (Correct answer)
- They share more than one element in common
- The same evidence is used to prove both charges
Correct answer: Neither offense requires proof of an element not required by the other
Under the Blockburger test, two offenses are the same if each does not require proof of a fact that the other does not.
KS Bar Criminal Law and Procedure 2
Under the Fourth Amendment, which of the following is NOT a recognized exception to the warrant requirement?