KS Bar Criminal Law and Procedure 2

Question 1

Under the Fourth Amendment, which of the following is NOT a recognized exception to the warrant requirement?

Accepted Answer

Statutory authorization by state legislature

Answer

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?

Accepted Answer

The death occurred during the commission or attempted commission of the robbery

Answer

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:

Accepted Answer

In custody and subject to interrogation

Answer

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?

Accepted Answer

Officers may seize evidence without a warrant if lawfully present and incriminating nature is immediately apparent

Answer

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:

Accepted Answer

A defense only to specific intent crimes

Answer

Kansas permits evidence of voluntary intoxication only to negate specific intent; it is not a defense to general intent crimes.

(KS Bar) Kansas Bar Exam Practice Test

(KS Bar) Kansas Bar Exam Practice Test

KS Bar Criminal Law and Procedure 2