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

J.L. holds that an anonymous tip lacking predictive detail or corroboration of illegality cannot alone justify a Terry stop and frisk, and there is no firearm exception.

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

McLaughlin holds that a probable cause determination within 48 hours of a warrantless arrest generally satisfies the Fourth Amendment's promptness requirement.

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

Seibert condemns the deliberate two-step interrogation technique, holding midstream warnings ineffective where they cannot reasonably convey the suspect's true choice.

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

Crim.R. 16 mandates disclosure of defendant statements, exculpatory material, and test results, but protects the prosecutor's work product from discovery.

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

Batson establishes a three-step burden-shifting framework ending with the trial court's determination of purposeful discrimination.

(OH Bar) Ohio Bar Exam Practice Test

(OH Bar) Ohio Bar Exam Practice Test

OH Bar Criminal Procedure 4