7 pages. Coursework
You may need the textbook to answer these question. I returned the one I used for this course so I cannot provide you one. You can get a 24 hr free trial on amazon if you have an account and download kindle app on your computer.
Text: Criminal Evidence: Principles and Cases 8th edition
1. This test contains two sections: Short Answer and Essay. There are five short answer questions and two essay questions.
2. Use only the facts that I have presented to you in the questions in answering the questions. Do not assume any other facts. If you believe your answer depends on a material fact that is missing then state what this fact is and why it matters in answering the question.
3. Please answer in complete sentences. Bullet point answers or outline answers will not be accepted.
4. In some of the questions, it calls for supporting your argument with case law, statutes, amendments, etc. This means explaining (facts, holding, etc.) and citing the case, statues, etc. in support of your argument while also explaining why it supports your argument. All relevant case law, statutes, amendments, etc. may be found in the textbook.
Short Answer #1: What are the principal methods used at trial to test the testimony of witnesses? How does allowing hearsay interfere with those methods? Be sure to fully define key terms in your answer.
Short Answer #2: What is the difference between the Sixth Amendment rights of a person in custody being interrogated and a person charged with a crime? Be sure to provide examples and to cite to any relevant case law (found in the textbook).
Short Answer #3: Why are border agents free from the requirement of probable cause or particular suspicion? Do you believe there is any “underlying” reason (besides drug interdiction) for these searches? If your answer is yes, what do you think it might be? If no, why not? Be sure to cite and discuss all relevant border search case law found in the textbook or assigned.
Short Answer #4: Discuss, define and explain three exceptions to the warrant requirement that would permit police to enter a home (where evidence might be seen in plain view). Give examples of each.
Short Answer #5: Fully define the categories of abandonment and discuss the subsequent impact on evidence seized. Additionally, explain and discuss the use of, or exception to, the exclusionary rule in each situation.
Essay #1: Discuss, describe, compare, and contrast the legal requirements for voluntary encounters and Terry stops. What are the differences or similarities in legal standards? How does the legal standard differ in obtaining a search warrant when compared to the legal standard for a stop and frisk or a voluntary encounter? Be sure to provide examples, define key terms, and cite/discuss all relevant case law (in the textbook or assigned).
While on routine patrol at 2:00 a.m. in his police cruiser, Officer Ricky Bobby noticed a Chevrolet Camaro proceeding with both of its headlights out. Bobby attempted to pull over the Camaro, but the Camaro went on a high speed chase for several blocks. After Bobby resorted to using his load speaker attached to the patrol car to inform the suspect to pull over, the Camaro pulled over without further incident. Bobby pulled the Camaro over to the side of the road and approached the driver’s side window. There being no occupants of the car other than the driver, Bobby asked the driver to produce a driver’s license and registration. The driver produced both, and Bobby learned that the driver’s name was Eric Cartman. Bobby informed Cartman that he evaded being pulled and that both his headlight were out. Bobby would be issuing Cartman a citation. Cartman proceeded to lecture Bobby on civil liberties. Cartman then went on to say that “he would resort to violence to protect his civil liberties.”
Bobby then instructed Cartman to wait in his car while Bobby returned to his police cruiser for a computer check on the license and registration. Bobby radioed the information to his dispatcher, and within minutes the dispatcher radioed back that, within the last hour, the police had received a complaint that Cartman had that very night attacked a male, Vic Victim. Cartman was told that Victim is at the police station, had obviously been attacked and assaulted, had identified his assailant as Cartman, and had described Cartman as driving an Camaro. Assault and battery is a felony. Bobby then returned to the Camaro and ordered Cartman out of the car. Bobby then entered the passenger area of the Camaro. Bobby searched the passenger compartment area, including under the front seats. Bobby discovered a large, glassine bag of white powder. Using his field test kit from the cruiser, Bobby determined that the white powder was almost certainly heroine, and that, based on his experience, the bag contained approximately $10,000 worth of heroine. Bobby then told Cartman that he was under arrest, read Cartman the Miranda warnings, and placed Cartman into the police cruiser. Then Bobby searched the backseat area and the trunk of the Camaro where he found bullets in the backseat area and a 9 mm gun and a semi-automatic assault rifle in the trunk.
Meanwhile, backup officers arrived and transported Cartman to the police station. Victim was at the station, having arrived there at about 1:00 a.m. He had told the police that he (Victim) and Cartman are acquaintances and that they were both at the Swag nightclub that night. Apparently, things went south when Victim began talking and dancing with Mercedes Smith, Cartman’s ex-girlgriend. Victim alleges that he was dancing on the dance floor with Mercedes when Cartmen physically attacked him. Apparently, Cartmen threw several punches before fleeing from the nightclub. Victim claims he immediately drove to the police station from the nightclub to press charges. He arrived at about 1:00 a.m. He recounted the above events to the police, was able to identify Cartman by name, and described Cartman as about 6’1” tall, 170 pounds, white, clean-shaven, with brown hair, brown eyes, glasses, and wearing dark pants and a pink, puff-sleeved shirt unbuttoned down to his navel. However, Cartman was, in fact, 6’1” tall, 160 pounds, white, clean-shaven, with brown hair, brown eyes and glasses, and was wearing navy blue pants and a salmon-colored, puff-sleeved shirt buttoned up to the neck when Bobby encountered him.
Cartman was brought to the station by Bobby at about 2:30 a.m. Cartman was placed in an interrogation room where Cartman immediately said to Bobby, “I know my rights. I want to remain silent, and I want a lawyer.” Then Bobby walked Cartman to the holding cell and during the walk they passed Victim while Victim was being interviewed by an officer. Victim immediately identified Cartman as his attacker.
Meanwhile, at about 2:45 a.m., Cartman’s car was transported to the police station. The Police Department has a policy of inventorying items in impounded vehicles. In this case, the spare tire compartment of the trunk of the Camaro was opened and found to contain several other glassine bags of heroine. The officers then also searched under the car and found similar bags of heroine stuffed in the tailpipe and in various parts of the undercarriage. None of these bags of heroine was visible without reaching into hidden areas of the car or removing some part of the car’s structure.
Cartman was charged in state court in separate indictments with (a) an assault upon Victim, (b) possession with intent to distribute heroine (c) evading arrest and (d) possession of firearms. You are the prosecutor assigned to these cases. Cartman has filed a motion, regarding all charges jointly, arguing the following needs to be suppressed:
1. Cartman’s statements to Bobby while in the Camaro and in the interrogation room, which defense counsel claims were acquired in violation of Cartman’s Fifth and Sixth Amendment rights.
2. The 9mm gun and rifle and all of the heroine seized from Cartman’s car (whether at the time of the stop or once inventoried and it is conceded that the car is owned by Cartman), which, it is claimed, violated Cartman’s Fourth Amendment right.
3. Any out-of-court identification of Cartman by Victim that occurred, which are claimed to have been accomplished in violation of Cartman’s constitutional rights.
Prepare a response (an essay) in opposition to Cartman’s Motion to Suppress. Because the Motion to Suppress is so cursory, you must articulate all possible grounds against Cartman’s suppression arguments, along with valid reasons why suppression should not occur. All arguments should be supported by case law, statutory language, etc. (found in the textbook or assigned).