NM Bar Criminal Law & Procedure 2 — Questions and Answers
Question 1: Under the Fourth Amendment, which exception allows police to search a vehicle without a warrant when there is probable cause to believe it contains contraband?
- Plain view doctrine
- Automobile exception (Correct answer)
- Exigent circumstances
- Consent exception
Correct answer: Automobile exception
The automobile exception permits warrantless searches of vehicles when police have probable cause to believe the vehicle contains contraband or evidence of a crime.
Question 2: A defendant is charged with second-degree murder. He claims he acted in the heat of passion after discovering his spouse in bed with another person. If the jury accepts this claim, what is the most likely result?
- Acquittal on all charges
- Conviction reduced to voluntary manslaughter (Correct answer)
- Conviction reduced to involuntary manslaughter
- Conviction for second-degree murder stands
Correct answer: Conviction reduced to voluntary manslaughter
Heat of passion can reduce second-degree murder to voluntary manslaughter if the provocation was adequate and the defendant acted before cooling off.
Question 3: Which standard must the prosecution meet to bind a defendant over for trial at a preliminary hearing?
- Beyond a reasonable doubt
- Clear and convincing evidence
- Probable cause (Correct answer)
- Preponderance of the evidence
Correct answer: Probable cause
At a preliminary hearing, the prosecution must show probable cause to believe the defendant committed the charged offense.
Question 4: Under the Double Jeopardy Clause, when does jeopardy attach in a jury trial?
- When the indictment is returned
- When the defendant enters a plea
- When the jury is sworn in (Correct answer)
- When opening statements begin
Correct answer: When the jury is sworn in
In a jury trial, jeopardy attaches when the jury is impaneled and sworn, not at arraignment or opening statements.
Question 5: A police officer stops a pedestrian and asks for identification without reasonable suspicion. The pedestrian refuses and walks away. Under Terry v. Ohio principles, the officer's stop was:
- Valid because officers can ask anyone for ID
- Invalid because no reasonable suspicion existed to justify the stop (Correct answer)
- Valid under the community caretaking doctrine
- Invalid only if the pedestrian was subsequently arrested
Correct answer: Invalid because no reasonable suspicion existed to justify the stop
Terry stops require reasonable articulable suspicion of criminal activity; absent that, the stop violates the Fourth Amendment.
Question 6: What mental state is required for criminal conspiracy under the common law?
- Negligence as to the criminal purpose
- Recklessness toward the conspiratorial agreement
- Intent to agree and intent to achieve the unlawful objective (Correct answer)
- Knowledge that co-conspirators plan to commit a crime
Correct answer: Intent to agree and intent to achieve the unlawful objective
Common law conspiracy requires both the intent to enter into an agreement and the specific intent to accomplish the unlawful goal.
Question 7: Under the Sixth Amendment Speedy Trial Clause, which factor does NOT weigh in determining whether the right has been violated under Barker v. Wingo?
- Length of the delay
- Reason for the delay
- Defendant's assertion of the right
- Severity of the alleged offense (Correct answer)
Correct answer: Severity of the alleged offense
The Barker v. Wingo balancing test considers length of delay, reason for delay, defendant's assertion of the right, and prejudice — not the severity of the offense.
NM Bar Criminal Law & Procedure 2
Under the Fourth Amendment, which exception allows police to search a vehicle without a warrant when there is probable cause to believe it contains contraband?