OR Bar Criminal Procedure

Question 1

Under the Fourth Amendment, a search warrant must be supported by:

Accepted Answer

Probable cause supported by oath or affirmation

Answer

The Fourth Amendment explicitly requires probable cause supported by oath or affirmation for issuance of a valid search warrant.

Question 2

Under the 'good faith' exception established in United States v. Leon, illegally obtained evidence may still be admitted if:

Accepted Answer

The officer acted in reasonable reliance on a warrant later found defective

Answer

Leon's good faith exception permits admission of evidence when officers reasonably relied on a warrant they had no reason to believe was defective.

Question 3

Under Katz v. United States, the Fourth Amendment protects:

Accepted Answer

People's reasonable expectations of privacy, not just property rights

Answer

Katz v. United States established the 'reasonable expectation of privacy' test, making the Fourth Amendment protect people rather than merely places or property.

Question 4

The automobile exception to the Fourth Amendment's warrant requirement allows police to search a vehicle without a warrant when:

Accepted Answer

There is probable cause to believe the vehicle contains contraband or evidence of a crime

Answer

Under Carroll v. United States, the automobile exception applies when officers have probable cause to believe a vehicle contains contraband or evidence, given the vehicle's inherent mobility and reduced privacy expectations.

Question 5

Under Terry v. Ohio, a brief investigatory stop and pat-down is constitutionally permissible when:

Accepted Answer

An officer has reasonable articulable suspicion of criminal activity and reason to believe the suspect is armed

Answer

Terry permits brief investigatory stops based on reasonable articulable suspicion of criminal activity, and a limited pat-down when officers reasonably believe the suspect may be armed and dangerous.

(OR Bar) Oregon Bar Exam Practice Test

(OR Bar) Oregon Bar Exam Practice Test

OR Bar Criminal Procedure