2006 Criminal Procedure - E a i I NO. CRIR.IIXAL PROCEDURE...

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Unformatted text preview: E a i I NO. CRIR.IIXAL PROCEDURE Section A, B1 (A-K), B2 Final Examination ~ a y 2 , 2 0 0 b 3 Hours 9:OO-12:OO THIS EXAiL.lIN4TION MUST BE RETURNED WITH YOUR BLUEBOOKS CLOSED BOOK " I I m mcouri~girrg him to st^ , y in schooi mzdgo info white-coiiur crime. " Instructions There are two parts to this examination: Part I (multiple-choice questions), which must be answered on a scantron sheet; and Part I1 (one issue-spotting question), which must be answered in a blue book. Each of these two parts is worth 5094 of the final gade on this exam. In the issue-spotting question in Part 11. please discuss all of the issues reasonably raised in that question even though your resolution of a prior issue may rec.bically have made decision of other issues immaterial. If :~ou believe that you need more facts rhan are presented to adequately resolve an issue. indicate specifically what facts you believe :+ou need and why you need :hem. Specific cirarions to cases are \v-elcome. but not as a subsrimre for analysis. i.s. do not use case citations insread or 5rating c!eariy the i-eleoanr point of law. CRIMINAL PROCEDURE A; B1 (A-K); B2 -2- EX4IvI NO. Part I Select the letter of the answer that is the "best answer" for each ofthese qzrestions, e.g if answers (a) and (b) are both trtre and answer (c) is not true, then the "best answer" is neither (a) nor (b), but another letter stating that both (a) and (b) are true and that (c) is not true. Note: There is ONE - and only ONE - "best answer" to each of these questions. 1. If reasonable suspicion exists to stop a person, the stopping police officer: (a) may lawfully decide not to stop that person. (b) may stop that person and search his or her person for crack cocaine. (c) will be making a constitutional stop under the Fourth Amendment even if the officer's primary motivation is racist. (d) none of the above, (e) (a) and (c) above but not (b). 2. An affidavit supporting a search warrant: (a) may be challenged "on its face." (b) may not be challenged by "going behind it." (c) may be challenged by hitting it with a very large stick and yelling: "Booga Booga." (d) none of the above. (e) (a) and (b) but not (c). 3. A defendant in a state criminal trial: (a) always has the right to trial by jury. (b) if tried by a jury. always has the constitutional right to be tried by hveive jurors. (c) if tried by a j u ~ . dways has the constitutional nght to ). unanimous jury verdict. I dl ail of the above. I e I none o i the ~bove. CRIMINAL PROCEDURE $A, BI (A-K), B2 -3- EXAM NO. 4. A consent search is not constitutional if: (a) the consent was obtained without informing the person whose consent is sought of his or her right not to consent....
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2006 Criminal Procedure - E a i I NO. CRIR.IIXAL PROCEDURE...

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