OH Bar Criminal Procedure 2 — Questions and Answers
Question 1: Police stop a driver for a broken taillight and, while writing the citation, a drug dog alerts on the car after officers extended the stop 20 minutes solely to wait for the dog. Under Rodriguez v. United States, the evidence found is:
- Inadmissible, because prolonging a traffic stop beyond its mission to conduct a dog sniff requires independent reasonable suspicion (Correct answer)
- Admissible, because dog sniffs are not searches under the Fourth Amendment
- Admissible, because the initial stop was lawful
- Inadmissible only if the delay exceeded 30 minutes
Correct answer: Inadmissible, because prolonging a traffic stop beyond its mission to conduct a dog sniff requires independent reasonable suspicion
Rodriguez holds that police may not extend a traffic stop beyond the time needed to complete its mission absent independent reasonable suspicion, even for a brief dog sniff.
Question 2: A suspect in custody says, "Maybe I should talk to a lawyer." Officers continue questioning and obtain a confession. Under Davis v. United States, the confession is:
- Admissible, because an ambiguous or equivocal reference to counsel does not require officers to stop questioning (Correct answer)
- Inadmissible, because any mention of a lawyer invokes the right to counsel
- Inadmissible, because officers must clarify ambiguous requests before continuing
- Admissible only if the suspect later signed a written waiver
Correct answer: Admissible, because an ambiguous or equivocal reference to counsel does not require officers to stop questioning
Davis requires an unambiguous request for counsel; equivocal statements like "maybe I should talk to a lawyer" do not obligate police to cease questioning.
Question 3: In Ohio, a defendant charged with a felony is entitled to a preliminary hearing within how many days if held in jail?
- 10 consecutive days (Correct answer)
- 15 consecutive days
- 5 consecutive days
- 30 consecutive days
Correct answer: 10 consecutive days
Ohio Crim.R. 5(B) requires a preliminary hearing within 10 consecutive days if the defendant is in custody, and within 15 days if released on bail.
Question 4: Officers execute a valid warrant to search a house for a stolen 60-inch television. They open a small jewelry box and find drugs. The drugs are:
- Inadmissible, because a large television could not be concealed in a jewelry box, placing it outside the warrant's scope (Correct answer)
- Admissible under the plain view doctrine
- Admissible because the warrant authorized search of the entire premises
- Admissible under the good-faith exception
Correct answer: Inadmissible, because a large television could not be concealed in a jewelry box, placing it outside the warrant's scope
A warrant permits searching only places where the named item could reasonably be found, so a jewelry box is outside the scope of a search for a large television.
Question 5: A grand jury indicts a defendant based partly on hearsay and illegally seized evidence. The defendant moves to dismiss the indictment. Under Costello and Calandra, the court should:
- Deny the motion, because grand jury indictments may rest on hearsay and evidence obtained in violation of the Fourth Amendment (Correct answer)
- Grant the motion, because the exclusionary rule applies to grand jury proceedings
- Grant the motion, because hearsay cannot support probable cause
- Deny the motion only if the prosecutor acted in good faith
Correct answer: Deny the motion, because grand jury indictments may rest on hearsay and evidence obtained in violation of the Fourth Amendment
The Supreme Court has held that grand juries may consider hearsay and illegally obtained evidence, and the exclusionary rule does not apply to grand jury proceedings.
Question 6: Under Ohio's speedy trial statute, a person charged with a felony must generally be brought to trial within:
- 270 days of arrest, with each day in jail solely on the pending charge counting as three days (Correct answer)
- 90 days of arrest regardless of custody status
- 180 days of indictment with no triple-count provision
- One year of arraignment
Correct answer: 270 days of arrest, with each day in jail solely on the pending charge counting as three days
R.C. 2945.71 requires felony trial within 270 days, and the triple-count provision credits three days for each day held in jail solely on the pending charge.
Question 7: A defendant is convicted, and on appeal the court finds the evidence legally insufficient. The state seeks to retry him. Retrial is:
- Barred by double jeopardy, because a reversal for insufficient evidence is equivalent to an acquittal (Correct answer)
- Permitted, because the defendant appealed and waived double jeopardy protection
- Permitted, because jeopardy terminates only upon a jury acquittal
- Barred only if the defendant did not testify at trial
Correct answer: Barred by double jeopardy, because a reversal for insufficient evidence is equivalent to an acquittal
Under Burks v. United States, reversal for evidentiary insufficiency is the functional equivalent of an acquittal and bars retrial, unlike reversal for trial error.
OH Bar Criminal Procedure 2
Police stop a driver for a broken taillight and, while writing the citation, a drug dog alerts on the car after officers extended the stop 20 minutes solely to wait for the dog.
Under Rodriguez v.
United States, the evidence found is: