Opota practice

1. During a foot patrol at night, you observe a subject pacing and repeatedly looking into a jewelry store window, then conferring with another person and pointing at the door. You stop the subject briefly to ask questions.

What legal standard primarily governs the initial stop?

(Citation: Terry v. Ohio, 392 U.S. 1 (1968))

1. After a lawful traffic stop, the officer completes the citation tasks, returns the driver’s documents, and then holds the driver an additional 7 minutes to wait for a K9 unit—without any new facts developing.

Which statement is most accurate under the Fourth Amendment?

(Citation: Rodriguez v. United States, 575 U.S. 348 (2015))

1. You arrest the driver for driving under suspension, handcuff them, and secure them in the cruiser. You then want to search the passenger compartment of their car incident to arrest.

Under what condition is that search incident to arrest permitted?

(Citation: Arizona v. Gant, 556 U.S. 332 (2009))

1. During a lawful traffic stop, an officer smells the odor of marijuana coming from the vehicle. The officer is trained and experienced in recognizing that odor.

In Ohio, what does that odor alone generally establish regarding a vehicle search?

(Citation: State v. Moore, 90 Ohio St.3d 47, 2000-Ohio-10)

1. An officer has reasonable suspicion a person is armed and dangerous during a lawful investigative stop. The officer pats down the outer clothing and feels an object that is immediately identifiable as a weapon.

What is the proper scope/purpose of this frisk?

(Citation: Terry v. Ohio, 392 U.S. 1 (1968))

1. A driver is stopped for speeding. After the warning and return of documents, the officer asks, “Mind if I search your car?” The driver says, “Sure,” and the officer searches.

Under federal law, which statement is most accurate about whether the officer must first say the driver is free to go?

(Citation: Ohio v. Robinette, 519 U.S. 33 (1996))

1. You see a suspect run from the direction of another officer’s cruiser into a dark courtyard in a high-crime area at night. Based on your training and experience, you stop the suspect and conduct a pat-down.

Which concept best describes how courts evaluate the facts supporting reasonable suspicion?

(Citation: State v. Andrews, 57 Ohio St.3d 86 (1991))

1. Evidence is seized during a warrantless home search that violates the Fourth Amendment. The defendant moves to suppress the evidence in Ohio state court.

What principle makes suppression available in state court for Fourth Amendment violations?

(Citation: Mapp v. Ohio, 367 U.S. 643 (1961))

1. A suspect is handcuffed in an interview room at the station. Before questioning, the detective does not provide warnings and asks, “Where did you put the gun?” The suspect answers.

What is the most accurate statement about admissibility in the prosecution’s case-in-chief?

(Citation: Miranda v. Arizona, 384 U.S. 436 (1966))

1. Under Ohio law, “culpability” means which set of mental states?

(Citation: R.C. 2901.21(A)(3))

1. A statute requires a person act “knowingly.” In Ohio, a person acts knowingly when they are aware their conduct will probably cause a certain result or will probably be of a certain nature.

Which ORC section defines “knowingly”?

(Citation: R.C. 2901.22(B))

1. A statute says negligence “suffices” for an element. Under Ohio law, which statement is correct?

(Citation: R.C. 2901.22(E))

1. An offense requires the defendant act “recklessly.” Which description best matches “recklessly” under Ohio law?

(Citation: R.C. 2901.22(C))

1. An offense requires the defendant act “purposely.” Which statement best reflects “purposely” in Ohio?

(Citation: R.C. 2901.22(A))

1. Under Ohio law, when an offense specifies a culpable mental state for an element, the state must prove what?

(Citation: R.C. 2901.21(A)(2))

1. Scenario: A suspect throws a brick through a store window, reaches in, and takes merchandise. The suspect’s conscious objective is to steal.

Which mental state best fits the suspect’s objective regarding the theft?

(Citation: R.C. 2901.22(A))

1. Scenario: You are dispatched to a “shoplifting just occurred” call. A witness says they saw a male in a red hoodie take items and run east. Two minutes later, you see a male matching the description jogging east one block away.

What is the best legal basis to briefly detain the person to investigate?

(Citation: Terry v. Ohio, 392 U.S. 1 (1968))

1. Scenario: After a traffic stop, you ask for consent to search. The driver appears nervous but says “Okay.”

Under federal law, which factor is MOST central in determining whether the consent was valid?

(Citation: Ohio v. Robinette, 519 U.S. 33 (1996))

1. Scenario: During a traffic stop, you develop independent reasonable suspicion of drug trafficking (e.g., inconsistent travel story, masking odors, visible packaging materials). You extend the stop to conduct a dog sniff.

Under Rodriguez, what is the key legal justification for extending the stop beyond the traffic mission?

(Citation: Rodriguez v. United States, 575 U.S. 348 (2015))

1. Scenario: After a lawful stop, you order the driver out and secure them. You then search the car’s passenger compartment for evidence of the offense of arrest (driving under suspension).

Under Gant, which is the best answer?

(Citation: Arizona v. Gant, 556 U.S. 332 (2009))

1. Scenario: A suspect is detained during a Terry stop. You want to ask basic identifying questions and what they are doing in the area.

Which statement best reflects the Fifth Amendment/Miranda issue?

(Citation: Miranda v. Arizona, 384 U.S. 436 (1966))

1. Scenario: A suspect is under arrest in the cruiser. An officer, without asking questions, says loudly, “I can’t believe you did this.” The suspect blurts out, “I only meant to scare him.”

Under Miranda, which is the best answer?

(Citation: Miranda v. Arizona, 384 U.S. 436 (1966))

1. Scenario: You are investigating an assault. A bystander tells you they witnessed a felony assault and knows who did it but refuses to call it in.

Which ORC section addresses failure to report a felony?

(Citation: R.C. 2921.22)

1. Scenario: A suspect secretly enters an occupied structure by force at night intending to commit a theft offense inside.

Which ORC section contains the Ohio burglary statute?

(Citation: R.C. 2911.12)

1. Scenario: During a traffic stop, you smell marijuana and see loose plant material on the center console. You search the vehicle under the automobile exception.

Which statement best reflects the probable-cause basis under Ohio law?

(Citation: State v. Moore, 90 Ohio St.3d 47, 2000-Ohio-10)

1. Scenario: You detain a person based on reasonable suspicion. You want to frisk them.

Under Terry/Andrews, what additional justification is required to frisk?

(Citations: Terry v. Ohio, 392 U.S. 1 (1968); State v. Andrews, 57 Ohio St.3d 86 (1991))

1. Scenario: After a traffic stop, you ask the driver for consent to search. The driver says, “No.” You do not have probable cause or reasonable suspicion of additional criminal activity.

Which statement is most accurate?

(Citation: Rodriguez v. United States, 575 U.S. 348 (2015))

1. Scenario: You arrest a suspect for a drug offense after observing a hand-to-hand sale. You then question the suspect in the cruiser without warnings.

Which amendment is primarily implicated by the warning requirement described in Miranda?

(Citation: Miranda v. Arizona, 384 U.S. 436 (1966))

1. Scenario: An offense requires the defendant act “knowingly.” The evidence shows the defendant was aware their conduct would probably cause the prohibited result, even though causing that result was not their goal.

Which mental state is most supported?

(Citation: R.C. 2901.22(B))

1. Scenario: A statute provides that negligence suffices for an element. The evidence shows the defendant acted purposely as to that element.

Under Ohio’s culpability hierarchy rule, which is the best answer?

(Citation: R.C. 2901.22(E))