Questions 2-3 are based on the following fact situation.
1. Pursuant to a valid arrest warrant, Defendant was arrested in a public place for the murder of his wife. Before putting him in the police car, the police searched Defendant's entire person and found one ounce of heroin, which he had concealed in a flat plastic envelope under his belt.
2. At Defendant's motion to suppress the heroin, the court should rule that:
A. The search was invalid, since the police did not have a search warrant.
B. The search was invalid, since incident to a lawful arrest the police may only search a suspect's person for weapons or evidence of the crime.
C. The search was valid, since Defendant's arrest was proper.
D. The search was valid, because evidence of a crime was, in fact, discovered.
E. None of the above.
3. Assume that, in the above situation, the police arrested Defendant without a warrant, although they had (1) time to obtain one, and (2) probable cause to believe Defendant was his wife's murderer. In challenging the validity of his arrest and the heroin found on his person, Defendant will:
A. Succeed, because an arrest without a warrant is an unreasonable seizure under the Fourth Amendment.
B. Succeed, because the police must always obtain a warrant if there is sufficient time to do so.
C. Fail, because the police had probable cause to make the arrest.
D. Fail, because even without probable cause, the subsequent discovery of heroin would have been sufficient justification for the arrest.
4. Mark carefully plots a course of action to embezzle $100,000. From his employer, Sue. He is fired before he ever gets a chance to put the plan in action. In cleaning out his desk, Sue finds his plans. Mark is:
A. Guilty of a crime because he intended to carry it out.
B. Guilty of a crime because he had a "guilty mind".
C. Not guilty because he did not act on his plan.
D. Not guilty because he is no longer employed by Sue.
5. Which of the following is correct with respect to a grand jury?
A. The grand jury decides guilt or innocence of the defendant.
B. The grand jury always hears testimony from the defendant.
C. The grand jury can issue an indictment if it finds sufficient evidence to justify a trial on the charges alleged.
D. None of the above.
6. Detective received information from Informant, who had given reliable information many times in the past. Specifically, Informant said that, two days before, he had visited Harry's apartment with Bill and saw Harry sell Bill some heroin. Detective knew that Informant, Harry, and Bill were friends. Thereafter, Detective put this information into affidavit form, appeared before a magistrate, and secured a search warrant for Harry's apartment. The search turned up a supply of heroin. Harry's motion to suppress introduction of the heroin into evidence probably will be:
A. Granted, because a search warrant cannot validly be issued solely on the basis of an informant's information.
B. Granted, because the information supplied to Detective concerned an occurrence too remote in time to justify a finding of probably cause.
C. Denied, because there was reasonable cause to believe a crime had been committed.
D. Denied, because there was probably cause to issue the warrant.
E. None of the above.