Practice Set 1

Question 1

When can a police officer arrest a suspect in someone else’s home without a search warrant for that home?

Answer 1

1. Exigent circumstances

2. Consent from the owner of the home

Question 2

What is the proper scope of a protective sweep after a suspect is arrested in a home?

Answer 2

Only covers potentially dangerous situations like concealed accomplices - cannot search for evidence of crimes

Question 3

What are two limitations of 5A with regards to corporate defendants?

Answer 3

1. 5A doesn’t apply to custodian of records even if it could incriminate custodians
2. Applies only to testimonial evidence, not voluntarily prepared business records

Question 4

When does the right to counsel attach?

Answer 4

When formal judicial proceedings have begun - (1) initial appearance, (2) preliminary hearing, (3) arraignment

Question 5

When can a grand jury indictment be dismissed for the prosecutor’s failure to present exculpatory evidence?

Answer 5

When the prosecutor violated (1) a preexisting constitutional or (2) legislative rule

Question 6

When can a defendant challenge an indictment of a grand jury for having a member of a racial group excluded?

Answer 6

Anytime there is a racial group that has been systematically excluded even if the defendant is not a member of that racial group

Question 7

What is required for a judge to impose a death sentence in a jury trial?

Answer 7

Under 6A, jury must find at least one aggravating circumstance beyond a reasonable doubt

Question 8

When does double jeopardy prevent a criminal defendant from being tried for a greater included offense after being tried for a lesser included offense?

Answer 8

When it has been acquitted of the lesser included offense