Crim b4 | Criminal homework help

 

This project will focus on a fact pattern.  Your job is to identify all of the potential Fourth Amendment issues in the fact pattern, then write up your findings in a memo.  You may use the book, or any California or Federal case law that you can find that might be relevant.  You are limited to no more than 5 typed double spaced pages in your analysis (no less than 3 pages, please).  This means you should only discuss the most likely grounds for a Fourth Amendment challenge.

Find every issue that might reasonably exists in the following fact pattern.  Compile a list of all of the issues then address whether each possible issue might actually result in the suppression of evidence.

Officer Thomas pulled over Jaime Alexander in a routine traffic stop.  Jaime was speeding along Interstate 5 through Kern county at 79 Mph.  While writing the ticket Officer Thomas thought Jaime looked nervous.  After taking Jaime’s license, Officer Thomas called his friend, Officer Angela.  Officer Angela was a canine officer who was working in he same general area.  Officer Thomas sat in his car with Jaime’s license for 20 minutes waiting for Officer Angela to arrive.  After Officer Angela arrived, within five minutes she had conducted an inspection of Jaime’s car with her canine companion.  Her dog, Hermione alerted to the possible presence of contraband in the vehicle’s trunk.  Officer Thomas asked Jaime if he could search the vehicle and Jaime declined saying “I am busy and don’t have the time to wait for a search.”  Officer Thomas then leaned into the car and used the lever to pop the trunk.  In the trunk, Officer Thomas found a small baggie of cocaine inside a closed Star Wars lunch pail.

Meanwhile in Modesto, the District Attorney was investigating the house Jaime lived in.  As part of her warrant application the District Attorney Investigator used the fact that Jaime had cocaine during the traffic stop to help justify a search of Jaime’s home.  the warrant authorized officers to search the home of Jaime Alexander at 1234 House St.  In the home, Officers discovered three rolled up canvas sacks containing more than a Kilo of individually packaged sandwich baggies of cocaine.  The sacks were found in the closet of Jaime’s roommate, Alex Jamison, at the flat who denied ever having seen them before.   Jaime and Alex are now on trial for possession with intent to distribute.  

You have been asked to preliminarily review these facts, decide what issues might be relevant and briefly restate the law on those issues.  You have also been asked what kind of additional information might be needed in order to argue successfully for suppression of the evidence and what kinds of facts, if true, would result in the denial of the motion.

Good luck!  Remember, its the argument, not getting something 100% right that matters.  focus on identifying every possible issue and explaining what additional facts might result in suppression of the evidence.

As for format, look up what a legal memo should look like and use any memorandum format you like.  Cover page not needed, but you should have full in text citations for every case you discuss.  You may use APA, bluebook, MLA or California Style for your citations.

 

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