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1978 Criminal Procedure

1978 Criminal Procedure - CRIMINAL LAW AND PROCEDURE...

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CRIMINAL LAW AND PROCEDURE SECTION AD Final Examination May 3, 1978 Three Hours 1:30 - 4:30 OPEN BOOK Instructions Each of the four problems is of equal weight. Budget your time accordingly. Answer all the questions reasonably raised in each problem even though your resolution of a prior issue in the same problem may e believe that you need more facts than are presented to adeauately resolve an issue, indicate specifically what facts you believe - you need and why. Specific citations to cases are welcome but not as a substi- tute for thinking, i.e. do not use citations instead of clearly stating the relevant point of law.
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Criminal Law & Procedure - $AD Page 2 "On January 1 or 2, 1977, D[rug] E[nforcement] A[gency] Special Agent Cairo was told by an informer that Vidal-Garcia, a stewardess for Aerocondor Airlines, would be [carrying] an unknown quantity of cocaine . . . Cairo had not known the informer previously, but he did determine that the informer had no criminal record, had not previously supplied information to the DEA, and was not paid for the information concerning Vidal-Garcia. The informer gave Cairo the departure point [Caracas], the flight, and the date, and said that Vidal-Garcia would be 'carrying' cocaine. Upon the flight's arrival at Miami International Airport [after a stop-over in Atlanta] . . . authorities verified that Vidal-Garcia was indeed a stewardess on the specific flight and date. The crew's luggage was examined . . . but apparently nothing suspicious was found. Nor were the crew members questioned. However, solely on the basis of the tip, [DEA agents] were instructed to search six members of the crew. Afanador was searched first, and the female [DEA Agent] found two cocaine packages on her body, one in the crotch area and the other taped slightly below the waist. A similar strip search of Vidal-Garcia also revealed two packages carried in the same manner ." United States v. Afanador - F.2d-,22 Crim.Law Rptr. 2494 (5th Cir. 2/17/78). Having found the job market rather tight, you now find yourself employed as an attorney for the Drug Enforcement Agency. Given the facts above, what grounds do you have to argue that the cocaine found on defendants Afanador and Vidal-Garcia should not - be suppressed as the fruits of an unlawful search and seizure?
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