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

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:

Accepted Answer

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

Answer

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?

Accepted Answer

10 consecutive days

Answer

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:

Accepted Answer

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

Answer

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:

Accepted Answer

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

Answer

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.

(OH Bar) Ohio Bar Exam Practice Test

(OH Bar) Ohio Bar Exam Practice Test

OH Bar Criminal Procedure 2