OH Bar Criminal Procedure 3

Question 1

Police arrest a driver, handcuff him, and place him in the patrol car, then search his vehicle's passenger compartment. Under Arizona v. Gant, the search is valid only if:

Accepted Answer

The arrestee could access the car at the time of the search, or it is reasonable to believe the car contains evidence of the offense of arrest

Answer

The arrest was for any offense, since search incident to arrest always covers the passenger compartment

Answer

Officers had probable cause to arrest, regardless of the offense

Answer

The vehicle was parked on a public street

Question 2

A jailhouse informant, acting on police instructions, deliberately elicits incriminating statements from an indicted defendant about the charged crime. The statements are:

Accepted Answer

Inadmissible, because deliberately eliciting statements from an indicted defendant without counsel violates the Sixth Amendment under Massiah

Answer

Admissible, because Miranda warnings are not required for undercover questioning

Answer

Admissible, because the defendant spoke voluntarily

Answer

Inadmissible only if the informant was paid

Question 3

During plea negotiations, defense counsel fails to tell the defendant about a favorable plea offer, which lapses; the defendant is later convicted at trial and receives a longer sentence. Under Missouri v. Frye, the defendant:

Accepted Answer

May claim ineffective assistance, because counsel must communicate formal plea offers and prejudice can be shown by a reasonable probability he would have accepted

Answer

Has no claim, because there is no constitutional right to a plea bargain

Answer

Has no claim, because he received a fair trial

Answer

May claim ineffective assistance only if the prosecutor confirms the offer would have been honored without change

Question 4

In Ohio, before accepting a guilty plea to a felony, the trial court must personally address the defendant under Crim.R. 11 and determine all of the following EXCEPT:

Accepted Answer

That the defendant is factually guilty based on evidence presented at a mini-trial

Answer

That the plea is voluntary and the defendant understands the nature of the charges and maximum penalty

Answer

That the defendant understands he is waiving the rights to jury trial, confrontation, and compulsory process

Answer

That the defendant understands the effect of the plea and that the court may proceed to judgment and sentence

Question 5

A witness identifies a suspect after police show her a single photo saying, "This is the guy we arrested." The identification's admissibility turns on:

Accepted Answer

Whether the unnecessarily suggestive procedure created a substantial likelihood of misidentification under the totality of the circumstances

Answer

Whether counsel was present at the photo display

Answer

Automatic exclusion, because single-photo showups are per se inadmissible

Answer

Whether the witness was under oath during the identification

Question 6

The prosecution fails to disclose a deal promising leniency to its key witness in exchange for testimony. The defense learns of it after conviction. Relief is warranted if:

Accepted Answer

The impeachment evidence was material, meaning a reasonable probability exists that disclosure would have changed the outcome

Answer

The defense can show the prosecutor acted in bad faith

Answer

The witness's testimony was the only evidence of guilt

Answer

The deal was in writing

Question 7

A trial judge, over defense objection, closes the courtroom to the public during the entire testimony of a police informant without making specific findings. This most likely violates:

Accepted Answer

The Sixth Amendment public trial right, requiring an overriding interest, narrow tailoring, alternatives considered, and adequate findings under Waller

Answer

Nothing, because judges have inherent authority to manage courtrooms

Answer

The Fifth Amendment due process clause only

Answer

The First Amendment rights of the defendant