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Question Criminal Law and Procedure | Search and Seizure | MULTIPLE_CHOICE Medium

An officer lawfully arrested a driver for driving with a suspended license, handcuffed him, and locked him in the bac...

...vehicle searches incident to arrest. NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. IV, Arizona v. Gant

Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. IV, Arizona v. Gant

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Question Criminal Law and Procedure | Right to Counsel and Trial Rights | MULTIPLE_CHOICE Medium

Before trial, a defendant told the judge, "I understand I have a lawyer, but I want to represent myself." The judge w...

...self-representation waiver standard. NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Faretta v. California

Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Faretta v. California

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Question Criminal Law and Procedure | Search and Seizure | MULTIPLE_CHOICE Medium

During a lawful traffic stop, an officer smelled raw marijuana coming from the car and saw marijuana stems on the bac...

...tainer capable of holding contraband. NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. IV, California v. Acevedo, United States v. Ross

Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. IV, California v. Acevedo, United States v. Ross

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Question Criminal Law and Procedure | Search and Seizure | MULTIPLE_CHOICE Medium

Police unlawfully searched a car's locked glove compartment and found drugs. The defendant was a passenger in the car...

...rights standing rule for suppression. NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. IV, Rakas v. Illinois, Brendlin v. California

Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. IV, Rakas v. Illinois, Brendlin v. California

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Question Criminal Law and Procedure | Defenses | MULTIPLE_CHOICE Medium

A hiker found an arrowhead on federal park land. A criminal statute prohibited removing artifacts from the park, but...

A hiker found an arrowhead on federal park land. A criminal statute prohibited removing artifacts from the park, but the hiker had read a private travel website stating that visitors could keep small finds. The hiker too...

Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 2.04

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Question Criminal Law and Procedure | Constitutional Procedure | MULTIPLE_CHOICE Medium

One party acted after receiving notice of a legal risk tied to Constitutional Procedure. One argument was preserved,...

...xplain how any exception or limitation affects the result. Common law criminal doctrine, Model Penal Code principles, Fourth, Fifth, Sixth, and Fourteenth Amendment criminal procedure doctrine

Citations: Common law criminal doctrine, Model Penal Code principles, Fourth, Fifth, Sixth, and Fourteenth Amendment criminal procedure doctrine

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Question Criminal Law and Procedure | Constitutional Procedure | ESSAY Medium

One party acted after receiving notice of a legal risk tied to Constitutional Procedure. The key event occurred after...

...the strongest arguments for each side, state the controlling rule for criminal law and procedure: Constitutional Procedure, apply it to the material facts, and explain the likely remedy or consequence. This essay tests c...

Citations: Common law criminal doctrine, Model Penal Code principles, Fourth, Fifth, Sixth, and Fourteenth Amendment criminal procedure doctrine

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Question Criminal Law and Procedure | Constitutional Procedure | MULTIPLE_CHOICE Medium

One party acted after receiving notice of a legal risk tied to Constitutional Procedure. The moving party has the bur...

...xplain how any exception or limitation affects the result. Common law criminal doctrine, Model Penal Code principles, Fourth, Fifth, Sixth, and Fourteenth Amendment criminal procedure doctrine

Citations: Common law criminal doctrine, Model Penal Code principles, Fourth, Fifth, Sixth, and Fourteenth Amendment criminal procedure doctrine

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Question Criminal Law and Procedure | Constitutional Procedure | MULTIPLE_CHOICE Medium

One party acted after receiving notice of a legal risk tied to Constitutional Procedure. The record contains both wri...

...xplain how any exception or limitation affects the result. Common law criminal doctrine, Model Penal Code principles, Fourth, Fifth, Sixth, and Fourteenth Amendment criminal procedure doctrine

Citations: Common law criminal doctrine, Model Penal Code principles, Fourth, Fifth, Sixth, and Fourteenth Amendment criminal procedure doctrine

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Question Criminal Law and Procedure | Constitutional Procedure | ESSAY Hard

One party acted after receiving notice of a legal risk tied to Constitutional Procedure. The requested remedy would p...

...the strongest arguments for each side, state the controlling rule for criminal law and procedure: Constitutional Procedure, apply it to the material facts, and explain the likely remedy or consequence. This essay tests c...

Citations: Common law criminal doctrine, Model Penal Code principles, Fourth, Fifth, Sixth, and Fourteenth Amendment criminal procedure doctrine

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Question Criminal Law and Procedure | Right to Counsel and Trial Rights | ESSAY Hard

Rosa was charged with aggravated assault after a nightclub stabbing. Her appointed lawyer also represented Rosa's fri...

...ged with aggravated assault after a nightclub stabbing. Her appointed lawyer also represented Rosa's friend Eli, who was charged as an accomplice in the same case. Rosa repeatedly told the lawyer that she was across town...

Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Strickland v. Washington, Missouri v. Frye, Lafler v. Cooper, Cuyler v. Sullivan

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Question Criminal Law and Procedure | Inchoate Offenses | MULTIPLE_CHOICE Medium

A defendant intending to rob a pharmacy put on a mask, carried a note demanding narcotics, entered the pharmacy, and...

...answer states the basic attempt rule. NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 5.01

Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 5.01

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Question Criminal Law and Procedure | Identification and Lineups | ESSAY Hard

A jewelry-store customer saw a thief grab a bracelet and run through a mall. Mall security, acting on its own before...

...he role of ordinary trial safeguards. NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. XIV, Perry v. New Hampshire, Neil v. Biggers, Manson v. Brat...

Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. XIV, Perry v. New Hampshire, Neil v. Biggers, Manson v. Brathwaite

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Question Criminal Law and Procedure | Identification and Lineups | ESSAY Hard

A masked man robbed a convenience store at 11 p.m. The clerk saw the robber's eyes, build, jacket, and a distinctive...

...ence store at 11 p.m. The clerk saw the robber's eyes, build, jacket, and a distinctive scar on his neck for about 20 seconds under bright store lights. The clerk told police that the robber was about six feet tall, wore...

Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, United States v. Wade, Gilbert v. California, Kirby v. Illinois, Neil v. Biggers, Manson v. Brathwaite

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Question Criminal Law and Procedure | Inchoate Offenses | MULTIPLE_CHOICE Medium

After agreeing to rob a store and after a co-conspirator bought masks, a defendant told the others, "I am out, and I...

...effect of withdrawal from conspiracy. NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 5.03

Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 5.03

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Question Criminal Law and Procedure | Confessions and Miranda | MULTIPLE_CHOICE Medium

After receiving and waiving Miranda rights, a suspect answered questions for several minutes. He then said, "Maybe I...

...-invocation rule for Miranda counsel. NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. V, Davis v. United States, Miranda v. Arizona

Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. V, Davis v. United States, Miranda v. Arizona

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Question Criminal Law and Procedure | Confessions and Miranda | MULTIPLE_CHOICE Medium

Detectives read Miranda warnings to a suspect in custody. The suspect said he understood each warning but refused to...

...aiver rule after understood warnings. NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. V, Berghuis v. Thompkins, Miranda v. Arizona

Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. V, Berghuis v. Thompkins, Miranda v. Arizona

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Question Criminal Law and Procedure | Search and Seizure | MULTIPLE_CHOICE Medium

Officers lawfully entered a house with a warrant to search for a stolen television. While walking through the living...

...elements of the plain-view doctrine. NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. IV, Horton v. California

Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. IV, Horton v. California

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Question Criminal Law and Procedure | Confessions and Miranda | ESSAY Hard

Police arrested Tara for a bank robbery and brought her to an interview room. A detective intentionally did not give...

Police arrested Tara for a bank robbery and brought her to an interview room. A detective intentionally did not give Miranda warnings because, as he later wrote in a training memo, "It is easier to get the first admissio...

Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. V, Oregon v. Elstad, Missouri v. Seibert, United States v. Patane, Harris v. New York, Mincey v. Arizona

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Question Criminal Law and Procedure | Confessions and Miranda | MULTIPLE_CHOICE Medium

Police chased an armed robbery suspect into a crowded supermarket. They arrested him near the checkout lanes and saw...

...o an immediate gun-location question. NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. V, New York v. Quarles

Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. V, New York v. Quarles

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Question Criminal Law and Procedure | Substantive Crimes | ESSAY Hard

The prosecution charged an offense after disputed facts raised questions about intent, causation, and grading. After...

...y tests criminal offense elements and punishment in the syllabus path Criminal Law and Procedure > Substantive Crimes. A high-scoring answer states the rule, resolves the competing factual inferences, and explains why th...

Citations: Common law criminal doctrine, Model Penal Code offense principles, Due process proof-beyond-a-reasonable-doubt doctrine

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Question Criminal Law and Procedure | Right to Counsel and Trial Rights | ESSAY Hard

Victor was charged with domestic assault and drug possession. During the assault, the victim called 911 while Victor...

Victor was charged with domestic assault and drug possession. During the assault, the victim called 911 while Victor was still in the apartment. Crying and whispering, she told the operator, "He is in the kitchen with a...

Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Crawford v. Washington, Davis v. Washington, Melendez-Diaz v. Massachusetts, Giles v. California

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Question Criminal Law and Procedure | Theft and Property Crimes | ESSAY Hard

A buyer falsely told a boat owner, "My cashier's check has already cleared, and my bank confirmed the funds," knowing...

...promises, bad checks, and extortion. NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 223.3, Model Penal Code 223.4

Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 223.3, Model Penal Code 223.4

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Question Criminal Law and Procedure | Identification and Lineups | MULTIPLE_CHOICE Medium

A court finds that a police-arranged showup was suggestive and must decide whether the witness's identification was n...

...ctors for suggestive identifications. NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. XIV, Neil v. Biggers, Manson v. Brathwaite

Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. XIV, Neil v. Biggers, Manson v. Brathwaite

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