FLORIDA BAR EXAM QUESTIONS AND ACCURATE
ANSWERS
Who does the Fourth Amendment apply to? - Answers - Government actors only, not
private individuals
What is a search under the Fourth Amendment? - Answers - A government intrusion
into a reasonable expectation of privacy
What is standing in the context of the Fourth Amendment? - Answers - The defendant
must have a reasonable expectation of privacy in the place searched
What is probable cause? - Answers - A fair probability that evidence of a crime will be
found
When is a warrant required for searches? - Answers - Generally required for searches
unless an exception applies
What must a valid warrant contain? - Answers - Probable cause, particularity, and
issued by a neutral magistrate
What is the exclusionary rule? - Answers - Evidence obtained in violation of the
Constitution is inadmissible
What is the good faith exception? - Answers - Evidence is admissible if officers
reasonably relied on a defective warrant
What is consent in the context of a search? - Answers - A voluntary agreement to allow
a search without a warrant
What is required for valid consent? - Answers - It must be voluntary under the totality of
the circumstances
Who can give consent for a search? - Answers - A person with actual or apparent
authority over the premises
What is a search incident to lawful arrest? - Answers - A search of the person and areas
within immediate control after arrest
What is the automobile exception? - Answers - Police may search a vehicle without a
warrant if they have probable cause
What are exigent circumstances? - Answers - Emergencies allowing warrantless
searches to prevent harm, escape, or destruction of evidence
,What is hot pursuit? - Answers - Police may enter a home without a warrant while
chasing a fleeing suspect
What is a stop and frisk? - Answers - A brief detention and pat-down based on
reasonable suspicion
What is reasonable suspicion? - Answers - Specific and articulable facts suggesting
criminal activity
What is the plain view doctrine? - Answers - Police may seize evidence if lawfully
present and the item is immediately apparent as contraband
What is an arrest? - Answers - Taking a person into custody based on probable cause
When is probable cause required for arrest? - Answers - Always required for a lawful
arrest
What is Miranda? - Answers - Rights required before custodial interrogation
When are Miranda warnings required? - Answers - When there is custody and
interrogation
What is custody for Miranda purposes? - Answers - A reasonable person would not feel
free to leave
What is interrogation? - Answers - Words or actions likely to elicit an incriminating
response
What happens if Miranda is violated? - Answers - Statements are excluded from
prosecution's case-in-chief
What is the Sixth Amendment right to counsel? - Answers - Right to counsel after formal
charges are filed
When does the Sixth Amendment right to counsel attach? - Answers - At indictment or
formal charging
What is the difference between 5th and 6th Amendment counsel? - Answers - 5th
applies to custodial interrogation, 6th applies after formal charges
What is relevance in evidence? - Answers - Evidence that tends to make a material fact
more or less likely
What is the general rule for admissibility of evidence? - Answers - Relevant evidence is
admissible unless excluded by law
, What is the balancing test for evidence? - Answers - Evidence may be excluded if unfair
prejudice substantially outweighs probative value
What is the rule of completeness? - Answers - Remaining portions of a statement must
be admitted for fairness
What is judicial notice? - Answers - Court acceptance of a fact as true without formal
proof
Is judicial notice binding in criminal cases? - Answers - No, the jury may accept or reject
it
What is character evidence? - Answers - Evidence of a person's character used to
prove conduct
How is character proven in Florida? - Answers - By reputation only, not opinion
When can character evidence be used? - Answers - When defendant opens the door
What is prior bad acts evidence? - Answers - Evidence of other crimes used for non-
propensity purposes
What is required for prior bad acts in Florida? - Answers - Advance notice to the
defense
What is habit evidence? - Answers - Evidence of routine behavior
How is habit treated in Florida? - Answers - Admissible but often used to support other
evidence
What are subsequent remedial measures? - Answers - Repairs made after an injury
Are subsequent repairs admissible to prove negligence? - Answers - No
Are settlement offers admissible? - Answers - No, to prove liability
Are plea negotiations admissible? - Answers - No
Is liability insurance admissible to prove fault? - Answers - No
What is lay witness opinion? - Answers - Opinion based on personal perception
When is lay opinion admissible? - Answers - When helpful and based on firsthand
knowledge
ANSWERS
Who does the Fourth Amendment apply to? - Answers - Government actors only, not
private individuals
What is a search under the Fourth Amendment? - Answers - A government intrusion
into a reasonable expectation of privacy
What is standing in the context of the Fourth Amendment? - Answers - The defendant
must have a reasonable expectation of privacy in the place searched
What is probable cause? - Answers - A fair probability that evidence of a crime will be
found
When is a warrant required for searches? - Answers - Generally required for searches
unless an exception applies
What must a valid warrant contain? - Answers - Probable cause, particularity, and
issued by a neutral magistrate
What is the exclusionary rule? - Answers - Evidence obtained in violation of the
Constitution is inadmissible
What is the good faith exception? - Answers - Evidence is admissible if officers
reasonably relied on a defective warrant
What is consent in the context of a search? - Answers - A voluntary agreement to allow
a search without a warrant
What is required for valid consent? - Answers - It must be voluntary under the totality of
the circumstances
Who can give consent for a search? - Answers - A person with actual or apparent
authority over the premises
What is a search incident to lawful arrest? - Answers - A search of the person and areas
within immediate control after arrest
What is the automobile exception? - Answers - Police may search a vehicle without a
warrant if they have probable cause
What are exigent circumstances? - Answers - Emergencies allowing warrantless
searches to prevent harm, escape, or destruction of evidence
,What is hot pursuit? - Answers - Police may enter a home without a warrant while
chasing a fleeing suspect
What is a stop and frisk? - Answers - A brief detention and pat-down based on
reasonable suspicion
What is reasonable suspicion? - Answers - Specific and articulable facts suggesting
criminal activity
What is the plain view doctrine? - Answers - Police may seize evidence if lawfully
present and the item is immediately apparent as contraband
What is an arrest? - Answers - Taking a person into custody based on probable cause
When is probable cause required for arrest? - Answers - Always required for a lawful
arrest
What is Miranda? - Answers - Rights required before custodial interrogation
When are Miranda warnings required? - Answers - When there is custody and
interrogation
What is custody for Miranda purposes? - Answers - A reasonable person would not feel
free to leave
What is interrogation? - Answers - Words or actions likely to elicit an incriminating
response
What happens if Miranda is violated? - Answers - Statements are excluded from
prosecution's case-in-chief
What is the Sixth Amendment right to counsel? - Answers - Right to counsel after formal
charges are filed
When does the Sixth Amendment right to counsel attach? - Answers - At indictment or
formal charging
What is the difference between 5th and 6th Amendment counsel? - Answers - 5th
applies to custodial interrogation, 6th applies after formal charges
What is relevance in evidence? - Answers - Evidence that tends to make a material fact
more or less likely
What is the general rule for admissibility of evidence? - Answers - Relevant evidence is
admissible unless excluded by law
, What is the balancing test for evidence? - Answers - Evidence may be excluded if unfair
prejudice substantially outweighs probative value
What is the rule of completeness? - Answers - Remaining portions of a statement must
be admitted for fairness
What is judicial notice? - Answers - Court acceptance of a fact as true without formal
proof
Is judicial notice binding in criminal cases? - Answers - No, the jury may accept or reject
it
What is character evidence? - Answers - Evidence of a person's character used to
prove conduct
How is character proven in Florida? - Answers - By reputation only, not opinion
When can character evidence be used? - Answers - When defendant opens the door
What is prior bad acts evidence? - Answers - Evidence of other crimes used for non-
propensity purposes
What is required for prior bad acts in Florida? - Answers - Advance notice to the
defense
What is habit evidence? - Answers - Evidence of routine behavior
How is habit treated in Florida? - Answers - Admissible but often used to support other
evidence
What are subsequent remedial measures? - Answers - Repairs made after an injury
Are subsequent repairs admissible to prove negligence? - Answers - No
Are settlement offers admissible? - Answers - No, to prove liability
Are plea negotiations admissible? - Answers - No
Is liability insurance admissible to prove fault? - Answers - No
What is lay witness opinion? - Answers - Opinion based on personal perception
When is lay opinion admissible? - Answers - When helpful and based on firsthand
knowledge
