NM Bar Criminal Law & Procedure 2

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?

Accepted Answer

Automobile exception

Answer

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?

Accepted Answer

Conviction reduced to voluntary manslaughter

Answer

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?

Accepted Answer

Probable cause

Answer

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?

Accepted Answer

When the jury is sworn in

Answer

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:

Accepted Answer

Invalid because no reasonable suspicion existed to justify the stop

Answer

Terry stops require reasonable articulable suspicion of criminal activity; absent that, the stop violates the Fourth Amendment.

(NM Bar) New Mexico Bar Exam Practice Test

(NM Bar) New Mexico Bar Exam Practice Test

NM Bar Criminal Law & Procedure 2