Practice Set 2

Question 1

What are critical stages during which 6A right to counsel attaches?

Answer 1

1. Post-indictment lineups + in-person IDs
2. Post-indictment interrogations
3. Arraignment, bail hearings, pre-trial motions
4. Pleas, trials, sentencing

Question 2

When can an accomplice be guilty of felony murder even without any attempt or intent to kill?

Answer 2

When the defendant (1) significantly participated in the commission of the felony and (2) acted with reckless indifference to human life

Question 3

When does the use of a dog become a search?

Answer 3

When there is a physical intrusion into Constitutionally protected property

Question 4

What is the scope of a protective sweep?

Answer 4

Only if police officers have reason to believe that others inside the home may pose a danger to them - limited to where people can be hiding only

Question 5

What are the requirements in order for a warrantless search of a car incident to an arrest be permitted?

Answer 5

1. Within reaching distance of the passenger + threat to the officer’s safety / prevent evidence tampering
2. Reasonable that evidence of the offense of arrest might be found in the vehicle