UT Bar Criminal Procedure 4

Question 1

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

Accepted Answer

A Fourth Amendment search, because the physical attachment to the vehicle was a trespass to obtain information

Answer

Not a search, because movements on public roads are exposed to the public

Answer

Not a search, because cars have a reduced expectation of privacy

Answer

A search only if the monitoring exceeds 30 days

Question 2

A defendant free on bail fails to appear at trial after it has begun. The judge continues the trial in his absence, and he is convicted. The conviction is:

Accepted Answer

Valid, because a defendant who voluntarily absents himself after trial begins waives the right to be present

Answer

Invalid, because a defendant must be present at every stage of trial

Answer

Invalid, unless defense counsel consented to proceeding

Answer

Valid only if the defendant signed a written waiver before trial

Question 3

During jury selection, the prosecutor uses peremptory strikes to remove all three Black venire members. The defense objects under Batson. The prosecutor's proffered reason must be:

Accepted Answer

Race-neutral, after which the court decides whether the defense proved purposeful discrimination

Answer

Persuasive and plausible on its face, or the strike is automatically reversed

Answer

Supported by evidence in the record of juror bias

Answer

Related to the specific facts of the case being tried

Question 4

Police arrest a suspect at home on a valid arrest warrant and, incident to the arrest, look inside a closet immediately adjoining the room of arrest, finding a shotgun. Under Maryland v. Buie, the look into the closet is:

Accepted Answer

Valid as a protective sweep of spaces immediately adjoining the arrest from which an attack could be launched, without any suspicion required

Answer

Invalid without reasonable suspicion that someone dangerous was hiding there

Answer

Invalid without probable cause and a search warrant

Answer

Valid only if the arrestee was not yet handcuffed

Question 5

A defendant pleads guilty, and the judge fails to inform him of the mandatory minimum sentence during the plea colloquy. The plea is vulnerable because:

Accepted Answer

A guilty plea must be knowing and voluntary, requiring awareness of the direct consequences including mandatory minimums

Answer

Judges must always recite the entire sentencing code

Answer

Mandatory minimums are unconstitutional in plea cases

Answer

The prosecutor did not confirm the factual basis

Question 6

After a mistrial is declared because the jury cannot reach a verdict despite lengthy deliberations, the state seeks to retry the defendant. Retrial is:

Accepted Answer

Permitted, because a hung jury is a manifest necessity that does not bar retrial under double jeopardy

Answer

Barred, because jeopardy attached when the jury was sworn

Answer

Barred, unless the defendant consented to the mistrial

Answer

Permitted only if new evidence has been discovered

Question 7

A probationer's home is searched by his probation officer without a warrant, based on reasonable suspicion of a probation violation, pursuant to a state regulation authorizing such searches. The search is:

Accepted Answer

Valid, because probationers have diminished privacy expectations and such regulatory searches require only reasonable suspicion

Answer

Invalid, because home searches always require probable cause

Answer

Valid only if the probationer consented at the time of the search

Answer

Invalid, because probation officers cannot conduct searches