NALA ACP — Criminal Litigation

Police stop a man on the street because he has been pacing in front of a store window and peering inside repeatedly, conduct an experienced officer reasonably reads as casing the store for a robbery. The officer pats down the man's outer clothing and feels a pistol. Under Terry v. Ohio, what legal standard justified the initial stop and the protective frisk?

• AReasonable suspicion that criminal activity is afoot, plus reasonable suspicion the perso…
• BProbable cause for both the stop and the frisk
• CA mere hunch is sufficient because the encounter was brief
• DA valid arrest warrant naming the suspect

An officer with probable cause to believe a lawfully stopped car contains illegal drugs searches the passenger compartment, the trunk, and a closed backpack inside the trunk, all without a warrant. Which doctrine best supports the warrantless search of the vehicle and its containers?

• ASearch incident to arrest, which always extends to the entire vehicle
• BThe automobile exception, which permits a warrantless search of a readily mobile vehicle…
• CThe plain-view doctrine, because the drugs were visible from outside
• DInevitable discovery, because the drugs would have been found later

A suspect is arrested and taken to the station, where detectives begin a custodial interrogation. Before asking questions, what must they advise the suspect under Miranda v. Arizona to make any resulting statement admissible in the prosecution's case-in-chief?

• AOnly the right to remain silent
• BThe right to a jury trial and to confront witnesses
• CThe right to remain silent, that anything said can be used against him, the right to coun…
• DThe right to a speedy trial and to bail

During a custodial interrogation, the suspect says, 'I think I want a lawyer, maybe.' Officers continue questioning and obtain a confession. Under Davis v. United States, was the officers' decision to continue questioning lawful?

• ANo, any reference to a lawyer requires all questioning to stop immediately
• BYes, because the right to counsel does not apply during interrogation
• CNo, because Miranda forbids any further questioning after warnings are given
• DYes, because the suspect's reference to counsel was ambiguous and did not constitute an u…

Officers arrest a suspect who they believe just hid a loaded handgun in a public supermarket. Without giving Miranda warnings, an officer asks, 'Where is the gun?' and the suspect points to it. The prosecution seeks to admit the statement. Which doctrine most likely permits its use?

• AThe inevitable discovery exception
• BThe public safety exception of New York v. Quarles
• CThe good-faith exception of United States v. Leon
• DThe independent source doctrine

A defendant is formally charged by indictment and arraigned. Police later send an informant to elicit statements about the charged offense without counsel present. Which constitutional right is most directly implicated by this deliberate elicitation after formal charges?

• AThe Fourth Amendment right against unreasonable searches
• BThe Eighth Amendment prohibition on excessive bail
• CThe Sixth Amendment right to counsel, which attaches at the initiation of formal adversar…
• DThe Fifth Amendment privilege against self-incrimination only

A judge issues a search warrant based on an affidavit later found to lack probable cause, but the officers reasonably relied on the warrant's validity. The defense moves to suppress the evidence. Under United States v. Leon, what is the likely result?

• ASuppression is automatic because the warrant lacked probable cause
• BThe exclusionary rule never applies to warrants
• CThe evidence is admissible only if the officer personally drafted the affidavit
• DThe evidence may be admitted under the good-faith exception to the exclusionary rule

An indigent felony defendant cannot afford a lawyer and asks the court to appoint one for trial. Which Supreme Court decision guarantees appointed counsel to indigent defendants in felony prosecutions in state court?

• AGideon v. Wainwright
• BMapp v. Ohio
• CTerry v. Ohio
• DKatz v. United States

Police obtain a confession by physical coercion, then use leads from that confession to find a weapon. The defense moves to suppress both the confession and the weapon. Which doctrine best describes the theory for suppressing the derivative weapon evidence?

• AThe plain-view doctrine
• BThe open-fields doctrine
• CThe fruit of the poisonous tree doctrine
• DThe exigent-circumstances doctrine

A paralegal is reviewing whether a warrantless entry into a home was lawful. Absent consent or a warrant, which of the following is generally required to justify a warrantless entry into a residence?

• AMere reasonable suspicion of a misdemeanor
• BThe officer's subjective good intentions
• CAn anonymous tip with no corroboration
• DExigent circumstances such as hot pursuit, imminent destruction of evidence, or risk to l…

A defendant testifies at trial that he was never near the crime scene. The prosecution seeks to introduce a statement the defendant gave in custody without Miranda warnings, solely to impeach his credibility. May the statement be used?

• AYes, a voluntary un-Mirandized statement may be used to impeach the defendant's contradic…
• BNo, un-Mirandized statements may never be used for any purpose
• CNo, because impeachment requires a prior inconsistent sworn statement
• DYes, but only if the defendant consents

Police place a GPS tracker on a suspect's car and monitor its movements for 28 days without a warrant. The defense challenges the practice. Under United States v. Jones, what was the constitutional problem?

• AThere was no problem because cars have no privacy expectation
• BPhysically attaching the GPS device to the vehicle to gather information was a Fourth Ame…
• COnly the Fifth Amendment was implicated
• DGPS tracking is governed exclusively by state statute, not the Constitution

A defendant is arrested for a serious felony, and police want to search the digital contents of his smartphone seized from his person. Under Riley v. California, what must they generally obtain first?

• ANothing, because search incident to arrest covers everything on the person
• BA grand jury subpoena addressed to the carrier
• COnly the consent of the phone's manufacturer
• DA warrant supported by probable cause, because the data on a cell phone is not subject to…

At a police lineup conducted after the defendant was indicted, counsel was not present and not waived. The witness identified the defendant. Which constitutional rule governs the admissibility of that post-indictment lineup identification?

• AThe Sixth Amendment right to counsel attaches to post-indictment corporeal lineups under…
• BThe Fourth Amendment automobile exception
• CThe Fifth Amendment privilege bars all identifications
• DThe Eighth Amendment governs lineup procedures

An officer lawfully arrests a driver and, contemporaneously, searches the area within the arrestee's immediate control. What is the primary justification recognized in Chimel v. California for a search incident to arrest?

• ATo create an inventory of the arrestee's belongings
• BOfficer safety and prevention of the destruction or concealment of evidence within the ar…
• CTo gather intelligence about unrelated crimes
• DTo satisfy administrative booking requirements

A grand jury returns an indictment against a defendant. What standard does a grand jury apply when deciding whether to indict?

• AProof beyond a reasonable doubt
• BClear and convincing evidence
• CProbable cause to believe the defendant committed the charged offense
• DA preponderance of the evidence

In a federal felony case, the prosecutor seeks to charge a defendant. Under the Fifth Amendment, how must a capital or otherwise infamous federal crime ordinarily be charged?

• ABy a grand jury indictment
• BBy a criminal complaint signed by any police officer
• CBy a civil petition
• DBy an administrative citation

A defendant appears at arraignment in federal court. Which of the following is the principal purpose of the arraignment?

• ATo determine the defendant's sentence
• BTo inform the defendant of the charges and take the defendant's plea
• CTo select the trial jury
• DTo hear closing arguments

A judge sets bail at an amount far higher than necessary to ensure the defendant's appearance, with no individualized justification. Which constitutional provision is most directly implicated?

• AThe Fourth Amendment
• BThe Second Amendment
• CThe Eighth Amendment's prohibition on excessive bail
• DThe Tenth Amendment

In federal court, a prosecutor moves to detain a defendant pending trial, arguing he is a danger to the community. Under the Bail Reform Act of 1984, on what grounds may a federal court order pretrial detention?

• AOnly if the defendant has previously been convicted of a felony
• BBail can never be denied in federal court
• COnly when the charge is a capital offense
• DIf no condition or combination of conditions will reasonably assure the appearance of the…

A defendant is arrested without a warrant. How soon must a judicial officer make a probable cause determination to comply with the Fourth Amendment under County of Riverside v. McLaughlin?

• AWithin 24 hours, without exception
• BGenerally within 48 hours of a warrantless arrest, absent a bona fide emergency or extrao…
• CWithin 10 days
• DOnly after the preliminary hearing, whenever it occurs

A paralegal is preparing a chart of plea options for a client. At arraignment a defendant may enter a plea of nolo contendere. What is the principal effect of a nolo contendere plea compared to a guilty plea?

• AIt results in automatic dismissal of the charges
• BIt guarantees a lower sentence than a guilty plea
• CIt is not an admission of guilt usable as such in a related civil suit, though it subject…
• DIt can be entered only in capital cases

A complaint charges the defendant, and a preliminary hearing is held in a felony case that did not begin by indictment. What is the function of the preliminary hearing?

• ATo determine the defendant's guilt beyond a reasonable doubt
• BTo allow the jury to deliberate
• CTo impose the final sentence
• DTo determine whether probable cause exists to bind the defendant over for trial

A prosecutor charges a defendant in a single indictment with two counts arising from the same act, fearing the proof for one count may fail. This practice of pleading alternative or multiple counts is generally:

• APermissible, as Rule 8 allows joinder of offenses that are of the same or similar charact…
• BProhibited as duplicitous in all circumstances
• CAllowed only with the defendant's written consent
• DAllowed only in capital cases

A defendant argues the indictment should be dismissed because it fails to state the essential elements of the charged offense and does not give him fair notice of the accusation. Which constitutional provisions support this challenge?

• AThe Second and Third Amendments
• BOnly the Eighth Amendment
• CThe Fifth Amendment (grand jury and due process) and Sixth Amendment (notice of the accus…
• DThe Tenth Amendment alone

Before trial, the defense learns the prosecutor possesses a police report indicating another suspect confessed to the crime, but the prosecutor has not disclosed it. Which constitutional rule requires disclosure of this evidence?

• AThe Jencks Act, which governs only impeachment of defense witnesses
• BThe Speedy Trial Act
• CThe Confrontation Clause
• DBrady v. Maryland, which requires the prosecution to disclose evidence favorable and mate…

The prosecution's key witness received a secret deal for leniency in exchange for testimony, and the prosecutor did not disclose it. The defense argues the nondisclosure violated the Constitution. Which case extended Brady to impeachment evidence such as deals with witnesses?

• AGiglio v. United States
• BMiranda v. Arizona
• CGideon v. Wainwright
• DMapp v. Ohio

Defense counsel seeks the prior recorded statement of a government witness who has just finished testifying on direct examination. Under the Jencks Act and Rule 26.2, when is the prosecution generally required to produce such a statement?

• ANever, because witness statements are always privileged
• BAfter the witness has testified on direct, on the defendant's motion, the government must…
• COnly at sentencing
• DOnly if the statement is exculpatory

A paralegal drafts a defense request for discovery in federal court. Under Federal Rule of Criminal Procedure 16, which of the following is the defendant generally entitled to obtain from the government?

• AThe prosecutor's confidential trial strategy memoranda
• BThe home addresses of all jurors
• CGrand jury deliberations in all cases
• DThe defendant's own statements, prior record, documents and objects material to the defen…

The defense files a motion to suppress a confession, arguing it was obtained in violation of Miranda. At a suppression hearing, who bears the burden, and what does the government generally have to show regarding a waiver of Miranda rights?

• AThe government must show by a preponderance of the evidence that the defendant's waiver w…
• BThe defense must prove beyond a reasonable doubt that no waiver occurred
• CNo hearing is permitted on confessions
• DThe judge decides based solely on the prosecutor's representation

A defendant moves to suppress physical evidence seized in a warrantless search. A threshold issue is whether the defendant has standing. Under Rakas v. Illinois, who may challenge a search as unconstitutional?

• AAnyone affected by the prosecution
• BOnly a person whose own reasonable expectation of privacy was violated by the search
• COnly the registered owner of the searched premises
• DAny co-defendant in the case

Defense counsel wishes to challenge the composition of the grand jury that indicted the client. What is the proper vehicle, and when must such a defect generally be raised under Rule 12?

• AA closing argument at trial
• BA motion for new trial only
• CA pretrial motion, because defects in the institution of the prosecution and in the indic…
• DA petition for certiorari

A defendant believes the publicity in the county makes a fair trial impossible. Which pretrial motion seeks to move the trial to a different location?

• AA motion for change of venue
• BA motion in limine
• CA motion for judgment of acquittal
• DA motion to sever

Before trial, the defense wants the court to exclude reference to the defendant's unrelated prior conviction during the prosecution's case. Which motion is the appropriate vehicle to obtain an advance ruling excluding that evidence?

• AA motion for a bill of particulars
• BA motion in limine
• CA motion to dismiss
• DA motion for a continuance

Two co-defendants are charged together, but one gave a confession that incriminates the other, and that co-defendant will not testify. Admitting the confession at a joint trial would violate the non-confessing defendant's Confrontation Clause rights. What motion addresses this problem?

• AA motion to suppress for lack of standing
• BA motion for a directed verdict
• CA motion to sever the defendants for separate trials
• DA motion to compel discovery

An indictment charges 'theft' but gives no detail about the date, items, or manner. The defense wants more specifics to prepare a defense without changing the charge. Which motion is appropriate?

• AA motion for mistrial
• BA motion in limine
• CA motion for change of venue
• DA motion for a bill of particulars

A paralegal assembles materials for a Brady disclosure review. The prosecutor argues she is not responsible for exculpatory evidence held only by the investigating police, not in the prosecutor's own file. Under Kyles v. Whitley, is that argument correct?

• AYes, the prosecutor's duty is limited to documents physically in the prosecutor's file
• BNo, the prosecutor has a duty to learn of and disclose favorable evidence known to others…
• CYes, but only in capital cases
• DNo, but only if the defense specifically requested the item

In a federal case, the defendant intends to claim he was elsewhere when the crime occurred. Under Federal Rule of Criminal Procedure 12.1, what must the defense generally do upon the government's written demand?

• ANothing, because alibi is never subject to notice
• BProvide the defendant's full medical history
• CProvide notice of an alibi defense, including the specific place the defendant claims to…
• DWaive the right to testify

A defendant claims the police lineup that led to his identification was so suggestive that it created a substantial likelihood of misidentification. Which due process challenge and remedy applies?

• AA Fourth Amendment motion for return of property
• BA motion to recuse the prosecutor
• CA motion for a bill of particulars
• DA motion to suppress the identification on due process grounds for an unnecessarily sugge…

Defense counsel needs the testimony of an out-of-state witness who refuses to appear voluntarily. What is the appropriate tool to compel the witness's attendance at trial?

• AA subpoena, which may be enforced and, for out-of-state witnesses, sought under the Unifo…
• BA motion in limine
• CA motion to suppress
• DA demurrer

At trial, the prosecution offers an out-of-court statement by a non-testifying declarant made to police during a station-house interrogation, to prove the truth of the matter. The defendant had no prior chance to cross-examine. Under Crawford v. Washington, what is the result?

• AThe statement is admissible because it is reliable
• BThe statement is admissible as a present sense impression
• CThe statement is inadmissible because testimonial hearsay requires unavailability and a p…
• DThe statement is admissible because the declarant is the defendant

The prosecution seeks to admit a 911 call in which the caller, during an ongoing emergency, describes an attacker who is still present. Under Davis v. Washington, is this statement testimonial?

• AYes, all statements to government agents are testimonial
• BNo, but only if the caller later testifies
• CYes, because a 911 operator is a government employee
• DNo, statements made to enable police to meet an ongoing emergency are nontestimonial and…

The prosecution wants to introduce evidence of the defendant's prior unrelated bad acts to show he has a propensity to commit crimes. Under Federal Rule of Evidence 404(b), is this permitted?

• ANo, evidence of other crimes is inadmissible to prove propensity, though it may be admiss…
• BYes, character evidence is always admissible against a defendant
• CYes, but only in misdemeanor cases
• DNo, prior bad acts are never admissible for any purpose

A witness testifies, 'My neighbor told me she saw the defendant run from the store.' The defense objects. Why is this statement generally inadmissible if offered to prove the defendant ran from the store?

• AIt is privileged
• BIt is hearsay, an out-of-court statement offered to prove the truth of the matter asserte…
• CIt is irrelevant
• DIt violates the best evidence rule

An injured victim, believing death is imminent, tells a bystander, 'John shot me.' The victim later dies. In a homicide prosecution, which hearsay exception most likely permits this statement?

• APresent sense impression
• BStatement against penal interest by the defendant
• CBusiness records exception
• DDying declaration

The prosecution seeks to admit a hospital's routinely created medical record to show the victim's injuries. Which hearsay exception is most directly applicable?

• ARecords of a regularly conducted activity (business records exception)
• BExcited utterance
• CFormer testimony
• DStatement of personal or family history

The prosecution offers expert testimony from a forensic analyst about a novel scientific technique. The defense challenges its admissibility. Under Daubert v. Merrell Dow and Federal Rule of Evidence 702, what is the trial judge's role?

• ATo admit any testimony a qualified witness offers
• BTo act as a gatekeeper, ensuring the expert testimony is both relevant and reliable, cons…
• CTo let the jury decide reliability without any screening
• DTo exclude all scientific evidence as unduly prejudicial