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Question Criminal Law and Procedure | Search and Seizure | ESSAY Hard

Officer Chen stopped Dana for speeding. During the stop, Chen smelled burnt marijuana coming from the car and saw a s...

...eizure. This essay tests vehicle searches, search incident to arrest, automobile exception, inventory searches, plain view, and cell-phone limits. NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. IV...

Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. IV, Arizona v. Gant, California v. Acevedo, United States v. Ross, Riley v. California, South Dakota v. Opperman

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Question Criminal Law and Procedure | Search and Seizure | MULTIPLE_CHOICE Medium

During a lawful traffic stop, an officer smelled raw marijuana coming from the car and saw marijuana stems on the bac...

...n of the marijuana found in the backpack? The best answer applies the automobile exception to a container capable of holding contraband. NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. IV, Californ...

Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. IV, California v. Acevedo, United States v. Ross

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Question Criminal Law and Procedure | Confessions and Miranda | ESSAY Hard

Police responded to a shooting in a crowded subway station. Witnesses pointed to Omar, who was running toward an exit...

...ements, waiver, and voluntariness. This essay tests the public-safety exception, booking questions, spontaneous statements, waiver, and voluntariness. N...

Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. V, Miranda v. Arizona, New York v. Quarles, Pennsylvania v. Muniz, Rhode Island v. Innis

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Question Criminal Law and Procedure | Theft and Property Crimes | MULTIPLE_CHOICE Medium

A defendant pointed a realistic toy gun at a cashier and demanded that the cashier open the register. The cashier, te...

...r states the common-law robbery rule. NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 222.1

Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 222.1

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Question Criminal Law and Procedure | Constitutional Procedure | MULTIPLE_CHOICE Medium

One party acted after receiving notice of a legal risk tied to Constitutional Procedure. One argument was preserved,...

...trine, connect each material fact to that source, and explain how any exception or limitation affects the result. Common law criminal doctrine, Model Penal Code principles, Fourth, Fifth, Sixth, and Fourteenth Amendment...

Citations: Common law criminal doctrine, Model Penal Code principles, Fourth, Fifth, Sixth, and Fourteenth Amendment criminal procedure doctrine

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Question Criminal Law and Procedure | Constitutional Procedure | MULTIPLE_CHOICE Medium

One party acted after receiving notice of a legal risk tied to Constitutional Procedure. The moving party has the bur...

...urden on a contested element, and the opponent identifies a plausible exception. How should the issue most likely be resolved? Correct. The answer turns on the governing source of law for Constitutional Procedure, the re...

Citations: Common law criminal doctrine, Model Penal Code principles, Fourth, Fifth, Sixth, and Fourteenth Amendment criminal procedure doctrine

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Question Criminal Law and Procedure | Constitutional Procedure | MULTIPLE_CHOICE Medium

One party acted after receiving notice of a legal risk tied to Constitutional Procedure. The record contains both wri...

...trine, connect each material fact to that source, and explain how any exception or limitation affects the result. Common law criminal doctrine, Model Penal Code principles, Fourth, Fifth, Sixth, and Fourteenth Amendment...

Citations: Common law criminal doctrine, Model Penal Code principles, Fourth, Fifth, Sixth, and Fourteenth Amendment criminal procedure doctrine

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Question Criminal Law and Procedure | Right to Counsel and Trial Rights | ESSAY Hard

Malik was charged with armed robbery of a delivery driver. His defense was mistaken identity. Malik subpoenaed Jada,...

...rial, but the judge excluded her testimony because Malik's lawyer had listed her as a witness one day late. The judge did not consider a continuance or other lesser sanction. During voir dire, Juror 8 said he did not kno...

Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Washington v. Texas, Chambers v. Mississippi, Brady v. Maryland, Smith v. Phillips

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Question Criminal Law and Procedure | Confessions and Miranda | MULTIPLE_CHOICE Medium

Police chased an armed robbery suspect into a crowded supermarket. They arrested him near the checkout lanes and saw...

...statement is most accurate? The best answer applies the public-safety exception to an immediate gun-location question. NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. V, New York v. Quarles

Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. V, New York v. Quarles

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Question Criminal Law and Procedure | Constitutional Procedure | MULTIPLE_CHOICE Hard

The requested consequence depends on facts that are disputed or only partly documented. A party invokes an equitable...

...trine, connect each material fact to that source, and explain how any exception or limitation affects the result. Common law criminal doctrine, Model Penal Code principles, Fourth, Fifth, Sixth, and Fourteenth Amendment...

Citations: Common law criminal doctrine, Model Penal Code principles, Fourth, Fifth, Sixth, and Fourteenth Amendment criminal procedure doctrine

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Question Criminal Law and Procedure | Right to Counsel and Trial Rights | ESSAY Hard

Victor was charged with domestic assault and drug possession. During the assault, the victim called 911 while Victor...

...ture argument, and the relationship between confrontation and hearsay exceptions. This essay tests testimonial hearsay, primary-purpose doctrine, forensic reports, forfeiture by w...

Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Crawford v. Washington, Davis v. Washington, Melendez-Diaz v. Massachusetts, Giles v. California

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Question Criminal Law and Procedure | Identification and Lineups | ESSAY Hard

A shooting victim briefly saw the shooter's face under a streetlight before being wounded. At the hospital, doctors t...

...duce both pretrial identifications and an in-court identification. Ballistics evidence also links Sam's gun to the shooting. Sam moves to suppress the identification evidence. Analyze the hospital showup, the later lineu...

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

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Question Criminal Law and Procedure | Search and Seizure | MULTIPLE_CHOICE Medium

An officer obtained a warrant to search a house for stolen laptops. The affidavit said only, "I believe stolen laptop...

...tion argues that the evidence should be admitted under the good-faith exception. Which statement is most accurate? The best answer states a key limit on the good-faith exception. NCBE NextGen UBE Content Scope, Criminal...

Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. IV, United States v. Leon

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Question Criminal Law and Procedure | Search and Seizure | ESSAY Hard

Malik leased an apartment with his roommate Ana. Jae, who lived elsewhere, came to the apartment for two hours to pac...

Malik leased an apartment with his roommate Ana. Jae, who lived elsewhere, came to the apartment for two hours to package pills for sale. Riley, Ana's cousin, had slept on the couch for the past three nights while vis...

Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. IV, Rakas v. Illinois, Minnesota v. Olson, Minnesota v. Carter, Georgia v. Randolph, Murray v. United States, Nix v. Williams

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Question Criminal Law and Procedure | Search and Seizure | ESSAY Hard

Police received an anonymous tip that Nora was growing marijuana inside her rural farmhouse. Without a warrant, two o...

...lyze which police actions were Fourth Amendment searches, whether any exception applies, and whether the warrant remains...

Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. IV, Katz v. United States, Florida v. Jardines, Kyllo v. United States, United States v. Dunn, Oliver v. United States

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Question Criminal Law and Procedure | Identification and Lineups | MULTIPLE_CHOICE Medium

Police required a suspect in a voice lineup to repeat the phrase used by a robber during the crime so a witness could...

...t rule for compelled voice exemplars. NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. V, United States v. Dionisio, United States v. Wade

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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Question Criminal Law and Procedure | Constitutional Procedure | ESSAY Medium

The record contains mixed facts that support one part of the requested ruling but also suggest a limitation or defens...

...record includes facts suggesting that practice was unreasonable or incomplete in this setting. The opponent argues that custom ends the analysis. How should the court, tribunal, or decision maker resolve the dispute? Di...

Citations: Common law criminal doctrine, Model Penal Code principles, Fourth, Fifth, Sixth, and Fourteenth Amendment criminal procedure doctrine

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Question Criminal Law and Procedure | Constitutional Procedure | MULTIPLE_CHOICE Medium

The record contains mixed facts that support one part of the requested ruling but also suggest a limitation or defens...

...trine, connect each material fact to that source, and explain how any exception or limitation affects the result. Common law criminal doctrine, Model Penal Code principles, Fourth, Fifth, Sixth, and Fourteenth Amendment...

Citations: Common law criminal doctrine, Model Penal Code principles, Fourth, Fifth, Sixth, and Fourteenth Amendment criminal procedure doctrine

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Question Criminal Law and Procedure | Constitutional Procedure | MULTIPLE_CHOICE Medium

The record contains mixed facts that support one part of the requested ruling but also suggest a limitation or defens...

...trine, connect each material fact to that source, and explain how any exception or limitation affects the result. Common law criminal doctrine, Model Penal Code principles, Fourth, Fifth, Sixth, and Fourteenth Amendment...

Citations: Common law criminal doctrine, Model Penal Code principles, Fourth, Fifth, Sixth, and Fourteenth Amendment criminal procedure doctrine

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Question Criminal Law and Procedure | Constitutional Procedure | MULTIPLE_CHOICE Medium

The record contains mixed facts that support one part of the requested ruling but also suggest a limitation or defens...

...trine, connect each material fact to that source, and explain how any exception or limitation affects the result. Common law criminal doctrine, Model Penal Code principles, Fourth, Fifth, Sixth, and Fourteenth Amendment...

Citations: Common law criminal doctrine, Model Penal Code principles, Fourth, Fifth, Sixth, and Fourteenth Amendment criminal procedure doctrine

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Question Criminal Law and Procedure | Constitutional Procedure | MULTIPLE_CHOICE Medium

The record contains mixed facts that support one part of the requested ruling but also suggest a limitation or defens...

...trine, connect each material fact to that source, and explain how any exception or limitation affects the result. Common law criminal doctrine, Model Penal Code principles, Fourth, Fifth, Sixth, and Fourteenth Amendment...

Citations: Common law criminal doctrine, Model Penal Code principles, Fourth, Fifth, Sixth, and Fourteenth Amendment criminal procedure doctrine

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Question Criminal Law and Procedure | Constitutional Procedure | MULTIPLE_CHOICE Hard

The requested consequence depends on facts that are disputed or only partly documented. The disputed action was partl...

...trine, connect each material fact to that source, and explain how any exception or limitation affects the result. Common law criminal doctrine, Model Penal Code principles, Fourth, Fifth, Sixth, and Fourteenth Amendment...

Citations: Common law criminal doctrine, Model Penal Code principles, Fourth, Fifth, Sixth, and Fourteenth Amendment criminal procedure doctrine

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Question Criminal Law and Procedure | Constitutional Procedure | MULTIPLE_CHOICE Hard

The requested consequence depends on facts that are disputed or only partly documented. The facts support the doctrin...

...trine, connect each material fact to that source, and explain how any exception or limitation affects the result. Common law criminal doctrine, Model Penal Code principles, Fourth, Fifth, Sixth, and Fourteenth Amendment...

Citations: Common law criminal doctrine, Model Penal Code principles, Fourth, Fifth, Sixth, and Fourteenth Amendment criminal procedure doctrine

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Question Criminal Law and Procedure | Inchoate Offenses | ESSAY Hard

A defendant asked a courier to deliver illegal drugs to a buyer, saying, "Take this package across town and sell it f...

...courier to the buyer's apartment and waited outside while the courier completed the sale. Police arrested both as the courier returned to the car. Prosecutors charge the defendant with solicitation, attempt to distribute...

Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 5.01, Model Penal Code 5.02, Model Penal Code 5.03, Model Penal Code 5.05

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