OK Bar Criminal Procedure 4

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 search, because the physical trespass to the vehicle to obtain information triggers the Fourth Amendment

Answer

Jones held that physically installing a GPS device on a vehicle to gather information is a Fourth Amendment search under a trespass theory.

Question 2

A defendant seeks to suppress evidence found in a friend's apartment where he was merely a short-term visitor present for a business transaction. Under Minnesota v. Carter, the motion should be:

Accepted Answer

Denied, because a brief commercial visitor lacks a legitimate expectation of privacy in another's home

Answer

Carter held that short-term visitors present solely for business purposes lack standing to challenge a search of the premises.

Question 3

At a lineup conducted after indictment, the defendant is not allowed to have counsel present, and a witness identifies him. The in-court identification by that witness is admissible only if:

Accepted Answer

The prosecution shows by clear and convincing evidence an independent source for the identification

Answer

Under United States v. Wade, an in-court identification following an uncounseled post-indictment lineup requires proof of an independent source.

Question 4

Defendant is charged in Oklahoma with a misdemeanor punishable by up to six months in jail, and the judge intends to impose only a fine. Under the Sixth Amendment, a jury trial is:

Accepted Answer

Not constitutionally required, because petty offenses with a maximum of six months or less carry no federal jury right

Answer

The federal jury right attaches only to serious offenses, generally those punishable by more than six months' imprisonment.

Question 5

After a defendant's conviction is reversed on appeal for trial error, he is retried, convicted again, and the same judge imposes a harsher sentence, citing new evidence of post-trial misconduct on the record. Under North Carolina v. Pearce, the harsher sentence is:

Accepted Answer

Permissible, because the presumption of vindictiveness is rebutted by objective new information on the record

Answer

Pearce's presumption of vindictiveness can be overcome by objective, on-the-record information justifying the increased sentence.

(OK Bar) Oklahoma Bar Exam Practice Test

(OK Bar) Oklahoma Bar Exam Practice Test

OK Bar Criminal Procedure 4