VT Bar Criminal Law and Procedure 3

Question 1

A police officer stops a vehicle for speeding and smells marijuana. Under current Fourth Amendment doctrine, what may the officer do?

Accepted Answer

Search the entire vehicle based on probable cause from the smell alone

Answer

Under United States v. Ross, probable cause to search a vehicle (including a marijuana odor) allows a full search of the vehicle and any containers within.

Question 2

What distinguishes voluntary manslaughter from murder?

Accepted Answer

Voluntary manslaughter occurs when a killing results from adequate provocation that causes sudden heat of passion before cooling off

Answer

Voluntary manslaughter reduces murder to manslaughter when the defendant acted in the heat of passion caused by legally adequate provocation with insufficient time to cool off.

Question 3

Under the Double Jeopardy Clause, which of the following is NOT barred?

Accepted Answer

Prosecution by both state and federal government for same conduct

Answer

The dual sovereignty doctrine allows both state and federal governments to prosecute a defendant for the same conduct without violating double jeopardy.

Question 4

Which of the following best describes the insanity defense under the M'Naghten test?

Accepted Answer

The defendant did not know the nature of the act or did not know it was wrong due to a mental disease

Answer

The M'Naghten test focuses on whether, due to a mental disease, the defendant did not know the nature and quality of the act or did not know it was wrong.

Question 5

When is a warrantless arrest lawful for a misdemeanor?

Accepted Answer

Only when the misdemeanor is committed in the officer's presence

Answer

At common law and in most states, a warrantless arrest for a misdemeanor is only lawful when the misdemeanor is committed in the officer's presence.

(VT Bar) Vermont Bar Exam Practice Test

(VT Bar) Vermont Bar Exam Practice Test

VT Bar Criminal Law and Procedure 3