VT Bar Criminal Law and Procedure 2

Question 1

Under the Fourth Amendment, what is the 'plain view' doctrine?

Accepted 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

Answer

Officers may search any visible area of a vehicle without a warrant

Answer

Any evidence visible from a public area is automatically admissible

Answer

Officers may enter private property to view evidence visible through a window

Question 2

A defendant is charged with first-degree murder. Which mental state is typically required?

Accepted Answer

Premeditation and deliberation

Answer

Negligence

Answer

Recklessness

Answer

General intent

Question 3

What does the term 'fruit of the poisonous tree' refer to in criminal procedure?

Accepted Answer

Evidence derived from an illegal search or seizure that is also inadmissible

Answer

Physical evidence found at a crime scene involving plants

Answer

Testimony obtained through prosecutorial misconduct

Answer

Confessions obtained after an unlawful arrest only

Question 4

Which exception to the warrant requirement applies when police pursue a fleeing suspect into a home?

Accepted Answer

Hot pursuit exception

Answer

Consent exception

Answer

Plain view exception

Answer

Stop and frisk exception

Question 5

Under Miranda, which of the following triggers the requirement to give Miranda warnings?

Accepted Answer

Custodial interrogation by law enforcement

Answer

Any questioning of a person by police

Answer

Investigative questioning at the scene of a crime

Answer

Questioning of a suspect who has retained counsel

Question 6

What is the crime of burglary at common law?

Accepted Answer

Breaking and entering the dwelling of another at nighttime with intent to commit a felony therein

Answer

Theft from a dwelling by force or threat

Answer

Unauthorized entry into any structure

Answer

Trespassing with intent to steal

Question 7

Vermont follows which approach regarding criminal conspiracy?

Accepted Answer

An agreement between two or more persons to commit an unlawful act constitutes conspiracy

Answer

The Wharton Rule requires all conspirators to be charged together

Answer

Conspiracy requires an overt act by all co-conspirators

Answer

Conspiracy merges with the completed offense