OH Bar Criminal Procedure 5

Question 1

Police attach a GPS tracker to a suspect's car without a warrant and monitor it for 28 days. Under United States v. Jones, this conduct is:

Accepted Answer

A Fourth Amendment search, because the physical trespass on the vehicle to obtain information triggers constitutional protection

Answer

Jones held that physically installing a GPS device on a vehicle to monitor its movements is a search under the trespass-based theory of the Fourth Amendment.

Question 2

A suspect invokes his right to counsel during custodial interrogation and is released. Fourteen days later, police re-approach him and he waives Miranda and confesses. Under Maryland v. Shatzer, the confession is:

Accepted Answer

Admissible, because a 14-day break in custody ends the Edwards presumption against re-approach

Answer

Shatzer holds that a break in Miranda custody of 14 days or more dissolves the Edwards rule, permitting police to reinitiate interrogation after fresh warnings.

Question 3

The prosecution's DNA analyst is unavailable, so a supervisor who did not perform the testing testifies to the report's results. Over a Confrontation Clause objection, this testimony is:

Accepted Answer

Improper, because testimonial forensic reports require the testimony of the analyst who performed or witnessed the testing

Answer

Under Bullcoming v. New Mexico, surrogate testimony about a testimonial forensic report violates the Confrontation Clause when the testifying witness did not perform or observe the test.

Question 4

A defendant is charged with both misdemeanor theft and felony robbery arising from the same conduct. In Ohio, jeopardy attaches in a jury trial when:

Accepted Answer

The jury is impaneled and sworn

Answer

In a jury trial, jeopardy attaches when the jury is impaneled and sworn; in a bench trial, it attaches when the first witness is sworn.

Question 5

After a mistrial is declared over defense objection because the prosecutor's key witness failed to appear, retrial is permissible only if:

Accepted Answer

The mistrial was supported by manifest necessity

Answer

When a mistrial is granted without the defendant's consent, double jeopardy bars retrial unless the mistrial was justified by manifest necessity.

(OH Bar) Ohio Bar Exam Practice Test

(OH Bar) Ohio Bar Exam Practice Test

OH Bar Criminal Procedure 5