OH Bar Criminal Procedure 4

Question 1

Police receive an anonymous tip that a young man in a plaid shirt at a bus stop is carrying a gun. Officers frisk him based solely on the tip. Under Florida v. J.L., the frisk is:

Accepted Answer

Invalid, because a bare anonymous tip without indicia of reliability does not create reasonable suspicion

Answer

Valid, because tips about firearms trigger an automatic firearm exception

Answer

Valid, because the tip accurately described the suspect's clothing and location

Answer

Invalid only if the tipster refused to identify himself when asked

Question 2

A defendant is arrested without a warrant. Under County of Riverside v. McLaughlin, a judicial probable cause determination is presumptively prompt if held within:

Accepted Answer

48 hours of arrest

Answer

24 hours of arrest

Answer

72 hours of arrest

Answer

One week of arrest

Question 3

Officers interrogate an un-Mirandized suspect who confesses, then give Miranda warnings and have him repeat the confession as part of a deliberate two-step strategy. Under Missouri v. Seibert, the second confession is:

Accepted Answer

Inadmissible, because midstream warnings following a deliberate question-first tactic are ineffective

Answer

Admissible, because it followed valid Miranda warnings

Answer

Admissible under Oregon v. Elstad in all circumstances

Answer

Inadmissible only if physical coercion was used

Question 4

In an Ohio criminal case, the defense demands discovery under Crim.R. 16. Which of the following is the prosecutor generally NOT required to disclose?

Accepted Answer

The prosecutor's internal legal memoranda and work product analyzing trial strategy

Answer

Evidence favorable to the defendant and material to guilt or punishment

Answer

Written or recorded statements of the defendant

Answer

Results of physical or mental examinations and scientific tests

Question 5

During jury selection, the prosecutor uses peremptory strikes to remove the only three Black venire members. The defense objects under Batson. The correct procedure is:

Accepted Answer

Defense makes a prima facie showing, the prosecutor offers a race-neutral reason, and the court decides whether purposeful discrimination occurred

Answer

The strikes are automatically reversed because all members of one race were removed

Answer

The prosecutor must prove beyond a reasonable doubt the strikes were race-neutral

Answer

The court must seat the struck jurors immediately

Question 6

A defendant on trial for felonious assault wishes to waive counsel and represent himself. The trial court must:

Accepted Answer

Ensure the waiver is knowing, intelligent, and voluntary after warning of the dangers of self-representation, without requiring legal skill

Answer

Deny the request unless the defendant has legal training

Answer

Grant the request only if standby counsel agrees to assist

Answer

Deny the request because self-representation is not allowed in felony cases

Question 7

At sentencing, an Ohio judge imposes consecutive prison terms. Under R.C. 2929.14(C)(4), the judge must:

Accepted Answer

Make statutory findings that consecutive service is necessary to protect the public or punish the offender, is not disproportionate, and that a listed circumstance applies

Answer

Obtain a jury finding authorizing consecutive terms

Answer

Impose consecutive terms automatically for multiple felonies

Answer

Provide written reasons but no specific statutory findings