MN Bar Criminal Law and Procedure 2 — Questions and Answers
Question 1: Under the Fourth Amendment as applied in Minnesota, a warrantless search of a home is presumptively unreasonable unless:
- There is probable cause
- An exception such as exigent circumstances applies (Correct answer)
- The suspect has a prior criminal record
- Officers have reasonable suspicion
Correct answer: An exception such as exigent circumstances applies
Minnesota courts follow federal Fourth Amendment doctrine requiring that warrantless home searches fall within a recognized exception such as consent, exigency, or plain view.
Question 2: In Minnesota, a Terry stop (investigatory detention) is justified by:
- Probable cause to arrest
- Reasonable articulable suspicion of criminal activity (Correct answer)
- A warrant issued by a judge
- A citizen complaint
Correct answer: Reasonable articulable suspicion of criminal activity
Under Terry v. Ohio and Minnesota case law, police may briefly detain a person for investigation based on reasonable, articulable suspicion of criminal activity.
Question 3: Under Minnesota law, which statement about the insanity defense is correct?
- A defendant must prove insanity beyond a reasonable doubt
- Minnesota uses the M'Naghten standard — not knowing the nature or wrongfulness of the act (Correct answer)
- Insanity is not a recognized defense in Minnesota
- A guilty plea waives the insanity defense
Correct answer: Minnesota uses the M'Naghten standard — not knowing the nature or wrongfulness of the act
Minnesota applies the M'Naghten test under Minn. Stat. § 611.026, requiring that the defendant, due to mental illness, did not know the nature of the act or that it was wrong.
Question 4: In Minnesota criminal procedure, impeachment of a defendant's credibility with a prior felony conviction is governed by:
- A mandatory exclusion rule
- A balancing test weighing probative value against prejudice (Correct answer)
- Automatic admission in all cases
- Exclusion unless the crime involved dishonesty
Correct answer: A balancing test weighing probative value against prejudice
Under Minn. R. Evid. 609, prior felony convictions are admissible to impeach only if the probative value outweighs the prejudicial effect, with special protections for defendants.
Question 5: Under Minnesota law, accomplice liability attaches when a person:
- Is present at the scene of a crime
- Intentionally aids, advises, or conspires with another to commit a crime (Correct answer)
- Fails to report knowledge of a crime
- Benefits financially from another's crime
Correct answer: Intentionally aids, advises, or conspires with another to commit a crime
Under Minn. Stat. § 609.05, a person is criminally liable as an accomplice when they intentionally aid, advise, hire, or conspire with another to commit the offense.
Question 6: Under Minnesota sentencing guidelines, what is the primary factor that determines the presumptive sentence for a felony?
- Victim impact
- Offense severity level and criminal history score (Correct answer)
- Prosecutor's recommendation only
- Defendant's age
Correct answer: Offense severity level and criminal history score
Minnesota's sentencing guidelines use a grid with offense severity level on one axis and criminal history score on the other to determine the presumptive sentence.
MN Bar Criminal Law and Procedure 2
Under the Fourth Amendment as applied in Minnesota, a warrantless search of a home is presumptively unreasonable unless: