Procedural Criminal Law

AJS 260

PROCEDURAL CRIMINAL LAW

CASE SCENARIOS

INSTRUCTOR: MR. JIM CERVEN

SCENARIO #1

On Monday July 10, 2011 an informant advises Sergeant Toms that there are fifteen stolen Vizio flat screen televisions that are located in apartment 2B at 3280 Broadway, Avondale. The informant is reliable and his previous information has resulted in eight arrests and the seizure of 20 stolen refrigerators. Sergeant Toms directs his team to the above location and knocks on the door. The door opens and the team enters forcing their way past a male that opened it. The team finds itself standing in the living room. In plain view are fifteen television sets. The televisions are seized and 1 arrest is made for possession of stolen property.

At a pretrial hearing, the defense attorney makes a motion to exclude the evidence because it was seized in violation of the Fourth Amendment. You are the prosecutor and must decide how to proceed. Your decision will be based on previous case law.

You must decide the following: Was the seizure of the televisions constitutional or not. If valid under which search warrant exception would the seizure have been made. Name the case and give a short summary of the decision. If not, explain why the evidence should be excluded and include the case law and summary of the decision. Remember to discuss the cases that will substantiate your decision.

WAS THE SEIZURE CONSTITUTIONAL_____

CONSTITUTIONAL CASES THAT SUPPORT YOUR DECISION:1. ______

2. ______

YOUR ARGUMENT:

SCENARIO #2

A narcotics detective receives information from a reliable informant that a drug courier will be transporting a bag containing several kilograms (a kilogram is 2.2 pounds) of cocaine. This informant has supplied the detective with substantial information in the past which has led to several arrests and the seizure of in excess of 100 pounds of marijuana. The informant tells the detective that the subject will be driving a Black Ford Explorer and the bag will be picked up from an apartment located at 14-14 Dysart Road. The detective sets up surveillance at that location and a short time later observes a Black Explorer pull up in front of the location and park. An unknown male exits the vehicle and enters the location. About fifteen minutes later the unknown male, previously observed, exits the building with a brown knapsack. The male places the knapsack in the vehicle and proceeds to drive off. The detective and the field team follow the Explorer and a short time later conduct a traffic stop. The Explorer is searched and the brown knapsack is seized. Five brick like packages (5 kilograms) containing alleged cocaine are recovered from this knapsack. The driver is subsequently arrested and charged with narcotics possession.

You must decide the following: Was the seizure of the cocaine constitutional or not. If valid, under which search warrant exception would the seizure be made. Name the case and give a short summary of the decision. If not, explain why the evidence should be excluded and include the case law and summary of the decision. Remember to discuss the case that will substantiate your decision.

WAS THE SEIZURE CONSTITUTIONAL_____

CONSTITUTIONAL CASE THAT SUPPORTS YOUR DECISION: 1.______

YOUR ARGUMENT:

SCENARIO #3

Two local patrol officers respond to a family dispute at 1275 Jones Street, Avondale Arizona, private house. The officers arrive at the house and are met by Mr. and Mrs. Ralph Purple. Mrs. Purple tells the police that the argument is over and their services are no longer needed. Mr. Purple informs the police that they were arguing over his wife’s participation in an organized theft ring. Mr. Purple tells police that he is sick of his wife keeping stolen property in the house and he will no longer stand for it. He tells the police that Mrs. Purple currently has several dozen gold necklaces in the bedroom. He further informs the police that they are all stolen. The officers ask Mr. Purple if the bedroom is used by both the Purple’s and he says yes. Mr. Purple gives police permission to search the bedroom. The police ask Mr. Purple to sign a consent to search form which he does. Mrs. Purple has heard the entire conversation between her husband and the police. Mrs. Purple informs the police that they do not have her permission to search the bedroom. The police inform Mrs. Purple that they have Mr. Purple’s written consent to search the bedroom and that is all they need. The police subsequently search the bedroom and recover 75 gold necklaces in Kay Jewelers boxes. A short investigation reveals the necklaces are stolen and Mrs. Purple is placed under arrest.

You must decide if the seizure of the necklaces was constitutional. Base your decision to prosecute or not on a case we discussed this semester. If valid, under which search warrant exception would the seizure be made. Name the case and give a short summary of the decision. If not, explain why the evidence should be excluded and include the case law and summary of the decision. Remember to discuss the case that will substantiate your decision.

WAS THE SEIZURE CONSTITUTIONAL_____

CONSTITUTIONAL CASE THAT SUPPORTS YOUR DECISION: 1.______

YOUR ARGUMENT:

SCENARIO #4

Detective Red is assigned to the Estrella Police Department Detective Squad. After a short term investigation, he developed probable cause to believe that Mr. John Green was responsible for the armed robbery of a Walgreens supermarket. Detective Red swore out an arrest warrant in front of Judge Blue charging Mr. Green with armed robbery. Mr. Green’s residence is located at 375 Greenwood Road, Avondale Arizona, apartment 3K. Detective Red goes to that location for the purpose of executing the arrest warrant. Detective Red enters the apartment after knocking and observes Mr. Green laying on a small couch in the living room. Mr. Green is arrested at this time. Detective Red searched Mr. Green and finds nothing of an evidentiary value on his person. A search under the couch reveals a loaded .38 caliber revolver. Detective Red also searched a nightstand next to the couch. Recovered from an unlocked drawer in this nightstand was a 9 mm semi-automatic pistol. Detective Red then leaves the apartment with his prisoner and the two handguns.

You must decide the following: Was the seizure of the handguns constitutional or not. If valid, under which search warrant exception would the seizure be made. Name the case and give a short summary of the decision. If not, explain why the evidence should be excluded and include the case law and summary of the decision. Remember to discuss the case that will substantiate your decision.

WAS THE SEIZURE CONSTITUTIONAL_____

CONSTITUTIONAL CASE THAT SUPPORTS YOUR DECISION:1.______

YOUR ARGUMENT:

SCENARIO #5

Detective Diller of the Estrella Police Department executes an arrest warrant at 23-23 Litchfield Road. He arrests Mr. John Yellow in the living room of a 5 room apartment. After arresting Mr. Yellow, a member of the field team, Detective Hope, goes from room to room in the apartment. In a rear bedroom, Detective Hope observes a male hiding under a bed. On a table by the window, Detective Hope observes a large clear plastic bag of alleged marijuana. A subsequent field test confirms that the contents of the bag are marijuana. The male hiding under the bed is identified as Mr. Charles Brown. He is placed under arrest by Detective Hope and charged with the marijuana.

You must decide the following: Was the seizure of the marijuana constitutional or not. If valid, under which search warrant exception would the seizure be made. Name the case and give a short summary of the decision. If not, explain why the evidence should be excluded and include the case law and summary of the decision. Remember to discuss the case that will substantiate your decision.

WAS THE SEIZURE CONSTITUTIONAL_____

CONSTITUTIONAL CASES THAT SUPPORT YOUR DECISION: 1.______

2.______

YOUR ARGUMENT: