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Results for “Fruit of the Poisonous Tree Complete Criminal Procedure List”

22 catalog matches
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...

...slept on the couch for the past three nights while visiting from out of town. Police knocked on the apartment door without a warrant after receiving a tip. Malik opened the door. When police asked to search, Malik said...

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 | 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...

...to the victim's hospital room. Sam was handcuffed and flanked by two officers. An officer said, "We need to know now if this is the shooter." The victim identified Sam. Three months later, after Sam was charged and coun...

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 | Constitutional Procedure | ESSAY Medium

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

The record contains mixed facts that support one part of the requested ruling but also suggest a limitation or defense. A party relied on common practice, but the record includes facts suggesting that practice was unreas...

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 | Substantive Crimes | ESSAY Medium

The prosecution charged an offense after disputed facts raised questions about intent, causation, and grading. A part...

The prosecution charged an offense after disputed facts raised questions about intent, causation, and grading. A party relied on common practice, but the record includes facts suggesting that practice was unreasonable or...

Citations: Common law criminal doctrine, Model Penal Code offense principles, Due process proof-beyond-a-reasonable-doubt doctrine

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

Five minutes after a street robbery, police detained a suspect one block away and brought the victim to view him whil...

...ned a suspect one block away and brought the victim to view him while officers continued searching for a weapon and possible accomplice. The victim identified the suspect. Which statement best describes the showup? The b...

Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. XIV, Stovall v. Denno, Neil v. Biggers

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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...

Officer Chen stopped Dana for speeding. During the stop, Chen smelled burnt marijuana coming from the car and saw a small bag of white powder on the passenger seat. Chen ordered Dana out of the car, arrested her for driv...

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 | Inchoate Offenses | ESSAY Hard

A friend knew that a burglar planned to steal laptops from a school at night. The friend agreed to text if a security...

...knew that a burglar planned to steal laptops from a school at night. The friend agreed to text if a security guard approached, saying, "I do not want anyone hurt, but I will warn you if someone comes." The friend stood...

Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 2.06

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Question Criminal Law and Procedure | Inchoate Offenses | MULTIPLE_CHOICE Hard

Two people conspired to rob a warehouse at night. During the robbery, one conspirator tied up a guard, a step that wa...

Two people conspired to rob a warehouse at night. During the robbery, one conspirator tied up a guard, a step that was reasonably foreseeable and helped complete the robbery. The other conspirator waited several blocks a...

Citations: NCBE NextGen UBE Content Scope, Criminal Law

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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,...

Malik was charged with armed robbery of a delivery driver. His defense was mistaken identity. Malik subpoenaed Jada, who would testify that she saw another man drop a handgun and delivery bag in an alley two blocks away...

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 | Homicide | MULTIPLE_CHOICE Medium

A defendant drove through a residential neighborhood at twice the speed limit while texting. He did not see a child c...

...d crossing the street and struck and killed the child. Which homicide offense is most directly supported if the conduct is reckless but not sufficiently extreme for murder? The best answer states the common reckless-kill...

Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 210.3

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Question Criminal Law and Procedure | Homicide | ESSAY Hard

A driver left a crowded stadium after drinking heavily. Security guards warned him that thousands of pedestrians were...

...ium after drinking heavily. Security guards warned him that thousands of pedestrians were crossing the streets. The driver laughed, accelerated to 70 miles per hour through a red light, and swerved around stopped traffic...

Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 210.2, Model Penal Code 210.3, Model Penal Code 210.4

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Question Criminal Law and Procedure | Theft and Property Crimes | ESSAY Hard

A tenant had permission to enter a neighbor's apartment to feed a cat while the neighbor traveled. The tenant entered...

...ains on fire. The curtains burned completely, and flames charred part of a wooden window frame before sprinklers extinguished the fire. The apartment was in a building where the neighbor lived year-round. The tenant argu...

Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 220.1, Model Penal Code 221.1

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Question Criminal Law and Procedure | Defenses | ESSAY Hard

Dr. Lane, a university chemist with a long history of psychotic episodes, became convinced that a museum's antique co...

Dr. Lane, a university chemist with a long history of psychotic episodes, became convinced that a museum's antique compass was a device sending poisonous signals to children. His treating psychiatrist had warned him that...

Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 4.01

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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...

...distribute, conspiracy to distribute, and the completed distribution offense. Separately, prosecutors charge two gamblers with conspiracy to commit illegal dueling after they agreed to fight each other in a jurisdiction...

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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Question Criminal Law and Procedure | Inchoate Offenses | MULTIPLE_CHOICE Medium

A defendant sent a text to an acquaintance saying, "Burn my competitor's delivery truck tonight and I will pay you $2...

...rn my competitor's delivery truck tonight and I will pay you $2,000." The acquaintance immediately refused and called police. Which statement best describes solicitation? The best answer states when solicitation is compl...

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

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Question Criminal Law and Procedure | Inchoate Offenses | ESSAY Hard

A store owner wanted to collect insurance proceeds on an old warehouse. He told a driver, "I will pay you $5,000 to b...

...000 to burn the warehouse Friday night." The driver was an undercover officer. The driver said, "I am in," and the store owner gave him a map, a key, and $500 for gasoline. The next morning, the store owner called the dr...

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

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

Police arrested Tara for a bank robbery and brought her to an interview room. A detective intentionally did not give...

...possible impeachment use. This essay tests Miranda remedies, physical fruits, later warned statements, deliberate two-step interrogation, coercion, and impeachmen...

Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. V, Oregon v. Elstad, Missouri v. Seibert, United States v. Patane, Harris v. New York, Mincey v. Arizona

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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...

...was running toward an exit and appeared to be holding his waistband. Officers tackled and handcuffed Omar. Without giving Miranda warnings, an officer asked, "Where is the gun?" Omar said, "Under the newsstand by the st...

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 | Homicide | ESSAY Hard

Two friends broke into a pharmacy at night intending to steal prescription drugs. One friend carried an unloaded pist...

...missed the fleeing friends and killed a customer who had stepped out of a nearby store. The friends continued running, reached their car two blocks away, and drove off. Ten minutes later, while still speeding away from...

Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 210.2

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Question Civil Procedure | Personal Jurisdiction | ESSAY Hard

AlpineGear GmbH, a German company, manufactures brake clips for ski bindings. AlpineGear sells all clips to a German...

...bindings to an independent distributor in New York. AlpineGear has no office, employees, property, advertising, direct sales, customer list, or distributor agreement in State L. It knows generally that some bindings cont...

Citations: World-Wide Volkswagen Corp. v. Woodson, J. McIntyre Machinery, Ltd. v. Nicastro, Walden v. Fiore

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Question Civil Procedure | Subject Matter Jurisdiction | ESSAY Hard

Amara sued Delta Drones, Inc. and LiftPoint LLC in federal district court, invoking diversity jurisdiction. Amara has...

...nes is incorporated in State B and has its headquarters and executive offices in State C. LiftPoint LLC has two members: Mateo, who is domiciled in State D, and Ridge Capital LP. Ridge Capital LP has partners domiciled i...

Citations: 28 U.S.C. 1332, Hertz Corp. v. Friend, Carden v. Arkoma Associates

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