Review Quiz

Johnny Boy was pulled over by Officer O'Hair under suspicion of drunk driving. Officer O'Hair proceeded to ask Johnny Boy a series of questions, trying to ascertain whether he had been drinking, how much he had been drinking and when he had his last drink. Would Officer O'Hair's questioning of Johnny Boy be considered custodial interrogation?

• Yes, because Officer O'Hair is a police officer.

• Yes, because Officer O'Hair detained Johnny Boy.

• No, because Johnny Boy was not arrested.

• No, but only if O'Hair knew Johnny had been drinking.

Joe is placed under arrest. He is not told what crime he is arrested for. (The crime is extortion.) After being given the Miranda warnings, he says "I don't want to talk." Two hours later, after the routine booking, another officer interrogates Joe. Joe is first given Miranda. He waives the warnings, then starts talking. Ultimately, after 45 minutes, Joe makes a highly incriminating statement. Is the statement admissible, in a subsequent criminal trial, for extortion?

• No, because extortion is not a drug offense.

• No, because the police initiated the subsequent interrogation.

• No, because it was, per se, involuntary.

• None of the above.

Nine police officers had lawfully entered Johnny Boy's house at 3:00 a.m. and questioned him in his own bedroom, without reading him the Miranda warnings. During this questioning session, Johnny made several incriminating statements. Should the officers have read Johnny Boy his Miranda rights?

• No, because he was not being questioned at the police station.

• No, because a suspect cannot be in custody in his own home.

• Yes, because there were nine officers in Johnny Boy's bedroom.

• Yes, because a reasonable person would have believed this was an interrogation.

Jennifer is charged with Petty Theft. Petty Theft, for first-time offenders, cannot exceed 6 months in jail. Jennifer is a first-time offender. She is 19 years old and cannot afford counsel. Her request to have counsel is denied, on the grounds that she will likely not serve any jail time even if convicted. In fact, she is convicted. No jail time is given. Have Jennifer's constitutional rights been denied?

• No, because the potential for jail must be over 6 months, in order for the Right to Counsel to attach.

• Yes, because the conviction might potentially be used if she is charged with another crime.

• No, because no actual jail time was imposed.

• Yes, because indigents have an absolute right to the appointment of counsel at "critical stages", such as this.

Johnny Boy accepted an invitation from a police officer to come down to the police station for questioning, but was not under arrest. Would Johnny be deemed to be in custody?

• Yes, because the questioning took place at the police station.

• Yes, because Johnny was invited by a police officer.

• No, unless the invitation appeared to be a kind of offer that could not be reasonably refused.

• No, because Johnny was not under arrest.

David Malcolm served a three-year sentence for burglary and upon his release from an Idaho prison was placed on a five-year probation period. Later, when officers obtained information that Malcolm was fencing stolen goods, they went to his home and searched it without a warrant while he was out of town, and found large amounts of stolen goods. Will the police officer's search of Malcolm's home be upheld?

• No, because the police entered Malcolm's home without a search warrant.

• No, because Malcolm was out of town and could not consent to the search.

• Yes, because, under the circumstances, it can be deemed a "regulatory search."

• Both A and B.

Pawnshops, in the city of Tomato, are closely regulated. The reason for the regulations are that such are often used to "fence" stolen property, that illegal guns are often sold through pawnshops and that the city has received hundreds of complaints regarding the shops. Among the city ordinances is the requirement that, in order to do business, the pawnshop must keep complete records of all chattels received, from whom and also keep records of all chattels sold, and to whom such were sold. Moreover, in applying for a business license, they also consent to inspection of the above by the police. The Dirtball, a Tomato City pawnshop, is inspected by Officer Lemon. He finds several violations, including a weapon violation that subjects the owner of Dirtball to criminal liability. Will a motion to suppress this evidence succeed?

• No, because of the good faith exception to the warrant requirement.

• No, because of the administrative exception.

• Yes, because a warrant was required.

• Yes, because of Lemon's bad faith

Officer Browson tows Jill's car to the local impoundment lot because of a good faith belief that she was illegally parked. A routine inventory reveals marijuana in the car. In fact, Jill was legally parked. Jill is prosecuted for the misdemeanor of marijuana possession. Jill's motion to suppress will:

• Succeed, because of the fruit of the poisonous tree doctrine.

• Fail, because this was a misdemeanor.

• Fail, because of the inventory exception.

• Fail, because of the good faith exception.

Yolanda is represented by a retained lawyer on a charge of manslaughter. She is found guilty. She tells her attorney Rex, to appeal. Rex misses the deadline. There is overwhelming evidence, however, that Yolanda is guilty. Yolanda seeks collateral relief. She will:

• Prevail, because Rex was ineffective.

• Fail, because there was no prejudice.

• Fail, because Rex was privately retained.

• Fail, because collateral appeal is not allowed.

Kim is tried on a charge of prostitution. The potential jail term is 6 months. She requests both counsel because she is indigent, and a jury trial. Both requests are denied. She is tried and sentenced to one month in jail. The judge's denial of counsel was:

• Not erroneous, because this was a petty offense.

• Not erroneous, because the offense was punishable by under 6 months jail.

• Not erroneous, because Kim was not indigent.

• Erroneous.