UT Bar Criminal Procedure 3

Question 1

An officer arrests a driver for DUI, handcuffs him, and secures him in the patrol car.
The officer then searches the passenger compartment of the driver's car and finds a gun.
Under Arizona v.
Gant, the search is:

Accepted Answer

Valid only if it was reasonable to believe the vehicle contained evidence of the DUI offense

Answer

Valid as a search incident to any lawful custodial arrest

Answer

Invalid, because vehicle searches always require a warrant

Answer

Valid, because the gun was in plain view once the door was opened

Question 2

A defendant is charged with both a state robbery offense and a federal firearms offense arising from the same incident. He argues double jeopardy bars the second prosecution. The argument fails because:

Accepted Answer

Under the dual sovereignty doctrine, separate sovereigns may each prosecute the same conduct

Answer

Robbery and firearms offenses always have different elements

Answer

Double jeopardy applies only to capital cases

Answer

He has not yet been acquitted in either case

Question 3

Police place an undercover informant in a defendant's jail cell after the defendant has been indicted. The informant deliberately elicits incriminating statements about the charged crime. The statements are:

Accepted Answer

Inadmissible, because deliberate elicitation after indictment violates the Sixth Amendment right to counsel

Answer

Admissible, because Miranda warnings are not required for undercover agents

Answer

Admissible, because the defendant spoke voluntarily

Answer

Inadmissible, because all jailhouse informant testimony is barred

Question 4

A defendant requests a jury trial for a misdemeanor carrying a maximum sentence of five months in jail. The request is denied. On appeal, the denial is:

Accepted Answer

Proper, because the constitutional jury right applies only to offenses punishable by more than six months' imprisonment

Answer

Improper, because all criminal defendants have a jury trial right

Answer

Improper, because misdemeanors involving jail time require juries

Answer

Proper, only if the defendant was ultimately sentenced to probation

Question 5

At a lineup conducted after indictment, the defendant's lawyer is not present, and a witness identifies the defendant. At trial, the witness identifies the defendant in court. The in-court identification is admissible if:

Accepted Answer

The prosecution shows by clear and convincing evidence that it has an independent source untainted by the lineup

Answer

The lineup was not unnecessarily suggestive

Answer

The witness testifies she is certain of her identification

Answer

The defendant cross-examines the witness about the lineup

Question 6

A prosecutor fails to disclose to the defense a witness's plea deal in exchange for testimony. The defendant is convicted. The conviction must be reversed if:

Accepted Answer

There is a reasonable probability the result would have been different had the impeachment evidence been disclosed

Answer

The prosecutor acted in bad faith

Answer

The defense specifically requested the evidence before trial

Answer

The witness's testimony was the only evidence of guilt

Question 7

Officers without a warrant enter a home after hearing screams and sounds of a violent struggle inside. Once inside, they see illegal weapons in plain view. The entry is:

Accepted Answer

Valid under the emergency aid exception to the warrant requirement

Answer

Invalid, because home entries always require a warrant

Answer

Valid only if the officers had probable cause of a specific crime before entering

Answer

Invalid, because exigent circumstances apply only to hot pursuit