A jewelry-store customer saw a thief grab a bracelet and run through a mall. Mall security, acting on its own before police arrived, detained Caleb near an exit and brought the customer to a security office. Caleb sat al...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. XIV, Perry v. New Hampshire, Neil v. Biggers, Manson v. Brathwaite
...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
A court finds that a police-arranged showup was suggestive and must decide whether the witness's identification was nevertheless reliable enough to admit. Which facts are most relevant to reliability? The best answer ide...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. XIV, Neil v. Biggers, Manson v. Brathwaite
Maria was charged with purse snatching. After charges were filed and counsel was appointed, detectives showed the victim a six-photo array without notifying Maria's lawyer. All six photos showed women of similar age and...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, United States v. Ash, Simmons v. United States, Neil v. Biggers, Manson v. Brathwaite, Perry v. New Hampshire
Police showed a robbery victim a single photograph of the defendant and said, "This is the man we arrested for the robbery." The victim identified the defendant. The defendant moves to suppress on due process grounds. Wh...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. XIV, Neil v. Biggers, Manson v. Brathwaite, Perry v. New Hampshire
...tal, doctors told police that the victim might need immediate surgery and might not survive. Police brought Sam, who had been stopped nearby with gunshot residue on his jacket, to the victim's hospital room. Sam was hand...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. XIV, Stovall v. Denno, Neil v. Biggers, Manson v. Brathwaite, United States v. Wade
...ssue? The best answer states the independent-source rule for in-court identifications after an invalid lineup. NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, United States v. Wade, Gilbert v...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, United States v. Wade, Gilbert v. California
After a defendant was indicted and counsel was appointed, police showed the victim a six-photo array that included the defendant's photograph. Defense counsel was not notified. Which statement best describes the Sixth Am...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, United States v. Ash, Simmons v. United States
...t answer states the Sixth Amendment counsel rule for post-charge live lineups. NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, United States v. Wade, Gilbert v. California
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, United States v. Wade, Gilbert v. California
...contacting police, a robbery victim searched social media on her own and found the defendant's public profile. She later told police that the profile photo showed the robber. The defendant moves to suppress the identifi...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. XIV, Perry v. New Hampshire
...utes after a street robbery, police detained a suspect one block away and brought the victim to view him while officers continued searching for a weapon and possible accomplice. The victim identified the suspect. Which s...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. XIV, Stovall v. Denno, Neil v. Biggers
...d with extortion after the victim received a late-night phone call demanding money. The caller repeatedly said, "Bring the envelope to Pier 9." The victim heard the caller for about three minutes and later described the...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. V, U.S. Const. amend. VI, United States v. Wade, United States v. Dionisio, Neil v. Biggers, Manson v. Brathwaite
...he prosecution still wants to use the witness's lineup identification and in-court identification. Which remedy is most likely? The best answer states the usual remedy for a Sixth Amendment lineup violation. NCBE NextGen...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, United States v. Wade, Gilbert v. California
...ect in a live lineup. The suspect had not yet appeared before a judge and no indictment or information had been filed. No lawyer was present. Which statement is most accurate? The best answer separates Sixth Amendment at...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Kirby v. Illinois, Neil v. Biggers
Police required a suspect in a voice lineup to repeat the phrase used by a robber during the crime so a witness could listen for the robber's voice. The suspect argues that being forced to speak violated the Fifth Ame...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. V, United States v. Dionisio, United States v. Wade
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