Question 11 D was arrested for a robbery. At his arraignment on the robbery charges, the pr appointed an attorney to represent him. Two days after his arraignment, he was required to stand in a live line-up at the jail without his attomey being present. in", the robbery victim, identied D as the robber. At trial D objected to the admissibility of V's pretrial identification. The trial court should: (A) Dverrule D's objection because the line-up was fairly conducted. (E) Dverrule D's objection because V's identication was reliable. (C) Sustain D's objection because the lineup occurred after the initiation of judicial criminal proceedings. (D) Sustain D's objection because D had not agreed to waive his privilege against self-incrimination before standing in the line-Up. Question 12 D accosts Uwith a gun outside of a market late at night. l.timmediately called to P, a policeman, gave D's description to P, and told P that D had a gun. P entered the market and saw a man who t D's description. When D saw P, D started to run away. P stopped D, arrested him at gunpoint, handcuffed D. but saw no gun in D's possession. Then, without giving D Miranda warnings, P asked D, "What did you do with the gun?" D pointed to a pile of bananas, and said, "it's over there.\" P found the gun. D was charged with possession of a concealed weapon. D objected to the admissibility of his statement and moved to suppress the gun as the fruit of the poisonous tree. The trial court should: (A) Deny D's objection and motion because the gun's being in the banana big posed a danger to any shoppers who might later nd it there. (B) Sustain D's objection to the admissibility of his statement, but deny D's motion to suppress the gun because, establishing the primary illegality, the gun was not obtained by the exploitation of that illegality. but by means sufciently distinguishable to be purged ofthe primary taint. (C) Deny D's objection and motion because D was not in custody at a police station at the time P asked D about the gun's whereabouts. (D) Grant D's objection and motion because D had not been read his Miranda rights when P asked D about the gun. Question 13 Defendant is involved in a traffic collision and injured. Defendant cooperated with the police and was taken to the hospital by paramedics. The vehicle is blocking trafc and cannot be moved. The police follow a standardized procedure that when a vehicle is blocking trafc and cannot be moved a tow tmck is called and the vehicle towed to the impound yard. At the impound yard, the police are required to ll out a form setting forth an inventory of the contents. During the inventory of the vehicle an illegal assault rifle is found in the trunk ofthe vehicle. Ablood test taken at the hospital determined that Defendant was under the inuence of methamphetamine at the time of the accident. Defendant was later charged with driving under the inuence of an illegal drug and possession of an assault rifle. Defendant moves to suppress the introduction of the assault rie into evidence. The prosecution's best legal argument in order to convince the judge to deny the suppression motion is: (A) ltwas a consensual encounter. (E) It was an inventory search. (C) It was a search incident to an arrest. (D) It was a stop and frisk