Burglary
Burglary Criminal Law Criminal Law Burglary Complete Criminal Law List Criminal LawThis topic appears in the UBE 2026 Rules Library master list under Criminal Law.BurglaryUse this entry as the rule-review checkpoint for...
Results for “Burglary Burglary”
Detective did not witness a burglary but watched a store surveillance video afterward. At trial, the prosecutor asks...
Detective did not witness a burglary but watched a store surveillance video afterward. At trial, the prosecutor asks Detective to testify that "the video showed Defendant breaking the display case." The prosecutor does n...
Citations: Fed. R. Evid. 1001, Fed. R. Evid. 1002, Fed. R. Evid. 1003
A defendant was indicted and appointed counsel for burglary. While he was in custody, detectives wanted to question h...
A defendant was indicted and appointed counsel for burglary. While he was in custody, detectives wanted to question him about an unrelated assault that occurred the next month and had not yet been charged. Which statemen...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Texas v. Cobb
A suspect was jailed while awaiting trial on a burglary charge. Police placed an undercover informant in the suspect'...
A suspect was jailed while awaiting trial on a burglary charge. Police placed an undercover informant in the suspect's cell. The informant pretended to be another inmate and asked, "How did you get into the house?" The s...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. V, Illinois v. Perkins, Miranda v. Arizona
At a jury trial for burglary, the jury is sworn and the first witness begins testifying. The judge then declares a mi...
At a jury trial for burglary, the jury is sworn and the first witness begins testifying. The judge then declares a mistrial after a juror has a medical emergency and no alternate is available. The defendant objects to an...
Citations: U.S. Const. amend. V, United States v. Perez, Blockburger v. United States, Gamble v. United States
Damon was indicted for burglary of a pharmacy. At arraignment, counsel was appointed. Two days later, police placed a...
Damon was indicted for burglary of a pharmacy. At arraignment, counsel was appointed. Two days later, police placed a paid informant in Damon's jail cell. Officers told the informant not to ask direct questions but to "s...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Massiah v. United States, Brewer v. Williams, Texas v. Cobb, Montejo v. Louisiana
Officers investigating a burglary traced a stolen laptop to a house using the laptop's location software. They had pr...
Officers investigating a burglary traced a stolen laptop to a house using the laptop's location software. They had probable cause but no warrant. When they arrived, they heard shouting inside and a crash that sounded lik...
Citations: U.S. Const. amend. IV, Payton v. New York, Brigham City v. Stuart, Kentucky v. King, Maryland v. Buie, Horton v. California
Police suspected a man of burglary for several weeks. They arrested him, but prosecutors did not file charges until t...
Police suspected a man of burglary for several weeks. They arrested him, but prosecutors did not file charges until two days later, when he had his first appearance before a judge. Which statement best describes when the...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Rothgery v. Gillespie County
Defendant is tried in federal court for bank robbery and decides to testify that he was home during the robbery. The...
...ior matters. First, Defendant was convicted seven years ago of felony burglary and released from confinement six years ago. Second, Defendant was convicted twelve years ago of felony tax return fraud and released from co...
Citations: Fed. R. Evid. 609(a), Fed. R. Evid. 609(b), Fed. R. Evid. 403
A defendant planned to steal rare coins from a locked office. He bought lock picks, studied the building's camera sch...
...door. Analyze whether the defendant is guilty of attempted larceny or burglary, including intent, substantial step, factual impossibility, and abandonment or renunciation. This essay tests attempt, substantial step, fact...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 5.01
A friend knew that a burglar planned to steal laptops from a school at night. The friend agreed to text if a security...
...with laptops. The next morning, a cousin who had not known about the burglary hid the burglar's backpack after the burglar said, "I robbed the school last night." Prosecutors charge the friend as an accomplice to burgla...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 2.06
A shopper slipped an expensive camera into his backpack while inside an electronics store, intending to keep it. A se...
...p and left. Analyze the shopper's liability for larceny, robbery, and burglary, including the timing of force, breaking, entry, dwelling, nighttime, and intent at entry. This essay tests robbery, force timing, common-law...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 221.1, Model Penal Code 222.1
A tenant had permission to enter a neighbor's apartment to feed a cat while the neighbor traveled. The tenant entered...
...ghbor lived year-round. The tenant argues that he cannot be guilty of burglary because he had permission to enter and formed the intent to burn only after entering. He also argues that he cannot be guilty of common-law a...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 220.1, Model Penal Code 221.1
After voluntarily drinking a large amount of whiskey, a man entered a warehouse at night, picked up a toolbox, and wa...
...e man swung the toolbox and struck the guard. The man is charged with burglary, larceny, and battery. Which statement best describes the possible effect of the man's voluntary intoxication? The best answer captures the l...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 2.08
An officer saw a man repeatedly look into a closed jewelry store window at midnight and confer with another person. T...
...night and confer with another person. The officer suspected a planned burglary. The officer stopped the man and considered patting down his outer clothing. Which statement best describes the governing rule? The best answ...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. IV, Terry v. Ohio
At midnight, a defendant opened a closed but unlocked window of another person's house, climbed inside intending to s...
...t before touching anything. Which statement best describes common-law burglary? The best answer states the common-law burglary rule. NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 221.1
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 221.1
Defendant is charged with burglarizing a jewelry store through the roof after disabling a motion sensor with a rare r...
...r, and left the same note. Defendant was not convicted of the earlier burglary but a security video and toolmark evidence connect him to it. Which statement best describes the admissibility of the earlier burglary eviden...
Citations: Fed. R. Evid. 404(b), Fed. R. Evid. 104(b), Fed. R. Evid. 403
Dr. Lane, a university chemist with a long history of psychotic episodes, became convinced that a museum's antique co...
...ugh he still believed the compass was dangerous. Lane is charged with burglary, larceny, and property damage. Analyze Lane's potential insanity defense under the M'Naghten, irresistible-impulse, and Model Penal Code subs...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 4.01
Ian, a sculptor, displayed several works in a private gallery. The written consignment agreement allowed Ian to remov...
..., Ian swung his elbow and broke the guard's nose. Ian is charged with burglary, larceny of the sculpture and laptop, and battery on the guard. Ian argues that he was too drunk to be guilty, that he honestly believed the...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 2.04, Model Penal Code 2.08
Nina was arrested for armed robbery and taken to an interview room. A detective read the full Miranda warnings from a...
...ered, reminded Nina of her Miranda rights, and asked about a separate burglary. Nina said, "Fine, I will talk about that," and confessed to the burglary. The next morning, before any officer entered the room, Nina knocke...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. V, Miranda v. Arizona, Edwards v. Arizona, Davis v. United States, Michigan v. Mosley, Berghuis v. Thompkins
Omar occasionally delivered packages for a neighborhood gang, but he had never before seen weapons or drugs. One nigh...
...was killed. Omar is charged with transporting controlled substances, burglary of the storage shed, theft of the bolt cutters, and criminal mischief for damaging the gate and electrical box. Analyze Omar's possible defen...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 2.09, Model Penal Code 3.02
Two friends broke into a pharmacy at night intending to steal prescription drugs. One friend carried an unloaded pist...
...iends with felony murder for both deaths. The defense argues that the burglary merges with the homicide, that the guard rather than a felon killed the customer, and that the later traffic death occurred after the burglar...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 210.2
Arson
...ntSexual OffensesTheft CrimesLarcenyEmbezzlementFalse PretensesRobberyBurglaryArsonPossession OffensesDefensesSelf-DefenseDefense of OthersDefense of PropertyNecessityDuressInsanityIntoxicationMistakeEntrapmentWithdrawal...
Duress
...ntSexual OffensesTheft CrimesLarcenyEmbezzlementFalse PretensesRobberyBurglaryArsonPossession OffensesDefensesSelf-DefenseDefense of OthersDefense of PropertyNecessityDuressInsanityIntoxicationMistakeEntrapmentWithdrawal...