February 2018 · ORIGINAL INSTRUCTIONAL EXAMPLE

Essay 4: Criminal Law & Procedure
Sample Answer & Question Pointers

February 2018 California Bar Examination · Fact-specific analysis, an issue outline, and pointers on the official question.

By Bar Exam Doctor · Published November 4, 2026

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This is an original, ungraded instructional response. It is not an official State Bar selected answer, a scored student submission, or a claim of attorney review. Use it to compare reasoning and organization after attempting the question. Alternative reasoned analyses may be possible.

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The actual question, with pointers

Official source text with our added highlights and numbered notes. The PDF preserves the source layout. For the PT, the task, file, and substantive library pages appear below; the complete packet includes the instructions and dividers.

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Official source page 6

QUESTION 4 Claire, a four-year-old girl, went missing. Ike, who regularly provided reliable information to Officer Ava, told her that he had recently overheard Don planning to kidnap a child to raise as his own daughter. Officer Ava’s partner, Officer Bert, hurried to the courthouse to apply for a search warrant for Don’s house. Meanwhile, Officer Ava rushed to Don’s house and knocked on the door. Don answered. Officer Ava told him, “I heard that a missing child might be here,” and asked, “Can I come in and look for her?” Don replied, “No.”1 Officer Ava said, “A life is at stake. I am searching your home, whether you want me to or not.” Don stepped aside and allowed Officer Ava to enter. Officer Ava searched the home thoroughly. In a closet in the bedroom, she found a bomb, measuring about 2 feet by 2 feet. In a medicine cabinet2 in the bathroom, she found several vials of cocaine. While looking under the bed, she found a plain sealed envelope, which she opened, that contained a map with a highlighted route from Don’s house to Claire’s house. She did not find Claire. Immediately after she completed the search, Officer Bert arrived with a warrant authorizing3 the “search of Don’s home for Claire.” Not long afterward, Claire turned up elsewhere unharmed. Don was charged with: (1) possession of a bomb; (2) possession of cocaine; and (3) attempted kidnapping. Don filed a motion, under the Fourth Amendment to the United States Constitution, to suppress evidence of the bomb, the cocaine and the map. 1. How should the court rule on the motion to suppress regarding: a. the bomb? Discuss. b. the cocaine? Discuss. c. the map? Discuss. 2. Can Don be found guilty of attempted kidnapping? Discuss.

Before you write: issue outline

  1. Submission to an announced search is not necessarily voluntary consent.
  2. Match each location searched to the emergency’s object: a missing four-year-old child.
  3. A later valid warrant may independently justify finding the bomb, but does not expand a child search into small containers.

1. Entry into Don's home

Don has a strong protected interest in his own home. A warrantless home search ordinarily is unreasonable unless an exception applies. Ava asked for consent, Don expressly refused, and she then asserted she would search regardless. His stepping aside after that assertion is submission to claimed authority, not necessarily a free voluntary reversal. The prosecution should not rely on his physical cooperation as conclusive consent.

An emergency can nevertheless justify entry without consent. Officers had a missing four-year-old and information from Ike, a source who regularly gave reliable information, that he personally overheard Don planning to kidnap a child. Ike supplied a basis of knowledge and a demonstrated reliability history. Combined with the actual disappearance, that information supports a reasonable belief that a vulnerable child might be inside and need immediate aid, and likely supports probable cause under the totality of circumstances.

Don can argue that the tip concerned a general plan rather than proof Claire was present, and an intent to raise a child does not expressly threaten immediate violence. Officers nevertheless need not await proof of injury before responding to an objectively reasonable threat to a missing young child's safety. The child's age, suspected abduction, and reliable firsthand information supply a strong emergency justification. The court assesses the facts known then; Claire's later safe discovery elsewhere does not retroactively invalidate a reasonable emergency assessment.

Bert's simultaneous warrant application does not require Ava to wait if delay would jeopardize the child. Conversely, the fact that a partner sought a warrant does not itself authorize her first search. Its scope must stay tied to the emergency, and the later warrant cannot retroactively enlarge it.

2. The bomb in the bedroom closet

A closet is a location where a four-year-old reasonably could be concealed. Looking there falls within a legitimate search for the child. If Ava lawfully entered and the object was immediately apparent as a bomb or contraband from her lawful vantage, the plain-view doctrine permits seizure, provided she had lawful access to it. A bomb measuring about two feet square need not be ignored simply because the emergency initially concerned a child.

The question calls it a bomb; no additional manipulation or testing needed to reveal its incriminating nature is described. If that nature were not readily apparent, the government would need to establish the additional justification. On the stated facts the court likely should deny suppression of the bomb through lawful emergency search and plain view.

Even if the first entry were held unsupported by exigency, Bert obtained a warrant authorizing a search of the home for Claire. He applied independently before Ava's discoveries and arrived immediately afterward. A proper child search under that warrant would include the closet and likely reveal the large bomb. The prosecution has a strong independent-source or inevitable-discovery argument if it proves the warrant was valid, based on untainted information, and would actually have led to that discovery. The analysis should not assume every later warrant automatically cures an earlier violation; here the independent application and authorized location supply concrete support.

3. Cocaine in the medicine cabinet

The emergency authorizes looking where the child could be, not a general contraband investigation. An ordinary medicine cabinet cannot conceal a four-year-old. Ava's opening or inspecting its contents therefore exceeds the stated rescue purpose. The fact that it contains evidence of another crime does not justify the exploratory act that exposed it.

If cocaine were already plainly visible from a lawful place without an additional intrusion, plain view could support seizure. The problem instead says she found vials in the medicine cabinet during her thorough search and supplies no fact that its contents were exposed before she searched it. On that reading suppression is appropriate. An answer should identify the factual distinction rather than say all evidence encountered somewhere in a home automatically is in plain view.

The later warrant is also limited to searching for Claire. It does not authorize opening a small cabinet to find drugs or evidence of kidnapping. Thus the State cannot establish inevitable discovery of the vials merely by pointing to that warrant. Nor does the discovered bomb automatically authorize every unrelated container search; a separate particularized safety or contraband justification would need facts not supplied. The likely ruling is suppression of the cocaine.

4. The map in the sealed envelope

Looking under a bed is a reasonable way to find a child. Opening a plain sealed envelope found there is different. A child cannot be hidden inside it, and nothing on its exterior identifies it as evidence. Plain view of the envelope does not reveal the map or its highlighted route without the further protected intrusion.

The government can argue the map might provide information urgently needed to locate Claire. But the mere possibility that any paper could contain useful clues would erase the search's scope limit. No label, visible writing, tip about an envelope, or other fact gives an objective reason to believe this particular sealed item would locate a child in danger. The valid search for Claire also does not transform into a warrant to search for every record relating to an attempted kidnapping.

The map therefore should be suppressed as obtained through an unjustified container search. The later warrant has the same limited object and would not independently authorize opening the envelope. No attenuation event, independent information identifying the contents, or concrete inevitable-discovery path is described. The case should be decided on those facts rather than a generalized belief that officers probably would eventually find the map.

5. Attempted kidnapping

Attempt requires the intent to commit the target offense and an act sufficiently beyond preparation. Traditional formulations require dangerous proximity or an overt act toward completion; the Model Penal Code formulation asks for a substantial step strongly corroborating criminal purpose. Mere desire or a preliminary plan ordinarily is not enough under either approach.

Ike's report that Don wanted to kidnap a child to raise supports a specific intent to take and confine or move a child without lawful consent. The underlying kidnapping requirements include an unlawful taking or confinement with the necessary movement or restraint under the governing jurisdiction. Claire's age prevents treating her supposed willingness as ordinary adult consent, and parental authorization is not supplied.

The map, if admissible, suggests planning a route to her home. But the facts do not say Don went there, surveilled or lured Claire, obtained control of her, or began the planned seizure. A highlighted route kept at home, combined with an expressed plan, ordinarily remains preparatory rather than demonstrating close approach to actual abduction. Even under the more flexible substantial-step test the prosecution must show conduct sufficiently corroborative of execution, not simply an idea written on paper.

Suppression makes the proof of a substantial act still weaker, although it does not change the offense's elements. The bomb and cocaine do not establish a kidnapping step without a factual link to that plan. Claire's later appearance elsewhere unharmed means the facts do not establish a completed abduction by Don, but factual failure alone would not excuse an otherwise completed attempt. The better conclusion is that the State has evidence of intent but insufficient described conduct beyond preparation to convict of attempted kidnapping. Additional steps not stated in the question should not be invented.

Sources and further comparison

The official question controls its facts and jurisdiction. These responses address the exam scenario; subsequent legal changes and other fact patterns may require a different analysis. The PT uses the supplied fictional Columbia library, which must not be replaced with outside law.