VT Bar Criminal Law and Procedure 2 — Questions and Answers
Question 1: Under the Fourth Amendment, what is the 'plain view' doctrine?
- Officers may search any visible area of a vehicle without a warrant
- Officers may seize evidence without a warrant if it is in plain view, the officer is lawfully present, and incriminating nature is immediately apparent (Correct answer)
- Any evidence visible from a public area is automatically admissible
- Officers may enter private property to view evidence visible through a window
Correct answer: Officers may seize evidence without a warrant if it is in plain view, the officer is lawfully present, and incriminating nature is immediately apparent
Plain view allows warrantless seizure when the officer is lawfully present, the item is in plain view, and its incriminating character is immediately apparent.
Question 2: A defendant is charged with first-degree murder. Which mental state is typically required?
- Negligence
- Recklessness
- Premeditation and deliberation (Correct answer)
- General intent
Correct answer: Premeditation and deliberation
First-degree murder requires premeditation and deliberation in addition to the intent to kill, distinguishing it from second-degree murder.
Question 3: What does the term 'fruit of the poisonous tree' refer to in criminal procedure?
- Physical evidence found at a crime scene involving plants
- Evidence derived from an illegal search or seizure that is also inadmissible (Correct answer)
- Testimony obtained through prosecutorial misconduct
- Confessions obtained after an unlawful arrest only
Correct answer: Evidence derived from an illegal search or seizure that is also inadmissible
The fruit of the poisonous tree doctrine excludes not only directly obtained illegal evidence but also derivative evidence that flows from the initial constitutional violation.
Question 4: Which exception to the warrant requirement applies when police pursue a fleeing suspect into a home?
- Consent exception
- Hot pursuit exception (Correct answer)
- Plain view exception
- Stop and frisk exception
Correct answer: Hot pursuit exception
The hot pursuit exception allows warrantless entry into a home when police are in close pursuit of a fleeing felon.
Question 5: Under Miranda, which of the following triggers the requirement to give Miranda warnings?
- Any questioning of a person by police
- Custodial interrogation by law enforcement (Correct answer)
- Investigative questioning at the scene of a crime
- Questioning of a suspect who has retained counsel
Correct answer: Custodial interrogation by law enforcement
Miranda warnings are required only when there is both custody (arrest or equivalent restraint) and interrogation by law enforcement.
Question 6: What is the crime of burglary at common law?
- Theft from a dwelling by force or threat
- Breaking and entering the dwelling of another at nighttime with intent to commit a felony therein (Correct answer)
- Unauthorized entry into any structure
- Trespassing with intent to steal
Correct answer: Breaking and entering the dwelling of another at nighttime with intent to commit a felony therein
Common law burglary required breaking and entering the dwelling of another at nighttime with the specific intent to commit a felony inside.
Question 7: Vermont follows which approach regarding criminal conspiracy?
- The Wharton Rule requires all conspirators to be charged together
- An agreement between two or more persons to commit an unlawful act constitutes conspiracy (Correct answer)
- Conspiracy requires an overt act by all co-conspirators
- Conspiracy merges with the completed offense
Correct answer: An agreement between two or more persons to commit an unlawful act constitutes conspiracy
Conspiracy is formed by an agreement between two or more persons to commit an unlawful act; Vermont, like most jurisdictions, also requires an overt act in furtherance.
VT Bar Criminal Law and Procedure 2
Under the Fourth Amendment, what is the 'plain view' doctrine?