OH Bar Criminal Procedure

Question 1

What does the Fourth Amendment protect against?

Accepted Answer

Unreasonable searches and seizures by the government

Answer

All searches regardless of reasonableness

Answer

Only searches of private homes

Answer

Searches by private parties

Question 2

What is the exclusionary rule?

Accepted Answer

Evidence obtained in violation of constitutional rights is inadmissible at trial

Answer

All evidence that excludes the defendant is inadmissible

Answer

Only confessions can be excluded from evidence

Answer

Evidence rules that apply only in federal courts

Question 3

When are Miranda warnings required?

Accepted Answer

During custodial interrogation by law enforcement

Answer

Upon any contact with police

Answer

Only after formal arrest

Answer

Only for felony suspects

Question 4

What is the right to a speedy trial?

Accepted Answer

The Sixth Amendment right to be tried without unnecessary delay after being charged

Answer

The right to complete trial within 24 hours of arrest

Answer

The right to delay trial indefinitely

Answer

A right that applies only to misdemeanors

Question 5

What is the double jeopardy clause?

Accepted Answer

The Fifth Amendment prohibition against being tried twice for the same offense

Answer

A requirement to face two juries simultaneously

Answer

Protection against receiving two sentences

Answer

The right to two appeals

Question 6

What is the standard for probable cause?

Accepted Answer

Facts and circumstances sufficient to warrant a reasonable person to believe a crime has been or is being committed

Answer

Absolute certainty that a crime occurred

Answer

A mere hunch by law enforcement

Answer

Evidence beyond a reasonable doubt