KY Bar Constitutional Rights and Liberties 3

Question 1

A suspect in custody invokes his right to counsel during interrogation. Two hours later, officers return and re-Mirandize him, and he confesses without counsel present. Is the confession admissible?

Accepted Answer

No, because under Edwards v. Arizona interrogation must cease until counsel is present or the suspect reinitiates contact

Answer

Once a suspect invokes the Miranda right to counsel, police may not reinitiate interrogation without counsel present unless the suspect himself reinitiates or there is a 14-day break in custody.

Question 2

A state grants property tax exemptions only to veterans who resided in the state before 1980. A newer resident veteran challenges the law. The classification most likely violates:

Accepted Answer

The right to travel, because durational residency preferences penalize new residents

Answer

Fixed-date residency preferences that permanently favor longer-term residents penalize the right to migrate and fail equal protection review.

Question 3

A city allows private groups to display holiday exhibits in a public park but denies a religious group's request to erect a nativity scene, citing the Establishment Clause. The denial is most likely:

Accepted Answer

Unconstitutional viewpoint discrimination, because private religious speech in a public forum enjoys equal access

Answer

Excluding private religious expression from a forum open to comparable secular speech is viewpoint discrimination, and equal access does not violate the Establishment Clause.

Question 4

A grand jury witness is compelled to testify after receiving use and derivative use immunity. He later argues the compulsion violated his Fifth Amendment privilege. What result?

Accepted Answer

No violation, because use and derivative use immunity is coextensive with the privilege against self-incrimination

Answer

Kastigar v. United States held that use and derivative use immunity sufficiently protects the Fifth Amendment privilege, so testimony may be compelled.

Question 5

A state law requires all candidates for state office to swear they have never advocated overthrow of the government. A candidate refuses and is barred from the ballot. The law is most vulnerable because:

Accepted Answer

It penalizes mere abstract advocacy protected by the First Amendment rather than incitement to imminent lawless action

Answer

Under Brandenburg, government may punish advocacy only when directed to inciting imminent lawless action and likely to produce it, so oaths targeting abstract advocacy are invalid.

(KY Bar) Kentucky Bar Exam Practice Test

(KY Bar) Kentucky Bar Exam Practice Test

KY Bar Constitutional Rights and Liberties 3