OH Bar Criminal Procedure 2

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:

Accepted Answer

Inadmissible, because prolonging a traffic stop beyond its mission to conduct a dog sniff requires independent reasonable suspicion

Answer

Admissible, because dog sniffs are not searches under the Fourth Amendment

Answer

Admissible, because the initial stop was lawful

Answer

Inadmissible only if the delay exceeded 30 minutes

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:

Accepted Answer

Admissible, because an ambiguous or equivocal reference to counsel does not require officers to stop questioning

Answer

Inadmissible, because any mention of a lawyer invokes the right to counsel

Answer

Inadmissible, because officers must clarify ambiguous requests before continuing

Answer

Admissible only if the suspect later signed a written waiver

Question 3

In Ohio, a defendant charged with a felony is entitled to a preliminary hearing within how many days if held in jail?

Accepted Answer

10 consecutive days

Answer

15 consecutive days

Answer

5 consecutive days

Answer

30 consecutive days

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:

Accepted Answer

Inadmissible, because a large television could not be concealed in a jewelry box, placing it outside the warrant's scope

Answer

Admissible under the plain view doctrine

Answer

Admissible because the warrant authorized search of the entire premises

Answer

Admissible under the good-faith exception

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:

Accepted Answer

Deny the motion, because grand jury indictments may rest on hearsay and evidence obtained in violation of the Fourth Amendment

Answer

Grant the motion, because the exclusionary rule applies to grand jury proceedings

Answer

Grant the motion, because hearsay cannot support probable cause

Answer

Deny the motion only if the prosecutor acted in good faith

Question 6

Under Ohio's speedy trial statute, a person charged with a felony must generally be brought to trial within:

Accepted Answer

270 days of arrest, with each day in jail solely on the pending charge counting as three days

Answer

90 days of arrest regardless of custody status

Answer

180 days of indictment with no triple-count provision

Answer

One year of arraignment

Question 7

A defendant is convicted, and on appeal the court finds the evidence legally insufficient. The state seeks to retry him. Retrial is:

Accepted Answer

Barred by double jeopardy, because a reversal for insufficient evidence is equivalent to an acquittal

Answer

Permitted, because the defendant appealed and waived double jeopardy protection

Answer

Permitted, because jeopardy terminates only upon a jury acquittal

Answer

Barred only if the defendant did not testify at trial