1980 Criminal Procedure

1980 Criminal Procedure - CRIMINAL LAW AND PROCEDURE...

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Final Examination April 30, 1980 CRIMINAL LAW AND PROCEDURE SECTION B3 Three Hours 12:30-3:30 "Being innocent in.this day and age, Your Honor, is no easy matter." OPEN BOOK Instructions The four problems are of unequal weight. Each is worth an amount in grading proportionate to the suggested time limits. 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 technically make decision ot other issues immaterial. If you believe that you need more facts than are presented to adequately resolve an issue, indicate specifically what facts you believe you need and why.
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CRIMINAL LAW AND PROCEDURE PAGE 2 Specific citations to cases are welcome but not as a sub- stitute for thinking, i.e. do not use citations instead of clearly stating the relevant point of law. I. [Suggested Time: 60 minutes] Officers Abbott and Costello, members of the Vice Squad of the Comic City Police Department, located in the State of Hilarity, decided on September 3, 1979 to make a personal investigation of Tomlin's Tavern for suspected public homosexual activity which was alleged by "a usually reliable informant" to take place regularly on the premises. The Comic Vice Squad doesn't usually check out all allegations of public homosexual activity but as Officer Abbott later commented in the press: "We've been trying to get something on Tomlin for quite a while. She has never cooperated with the police in any of our investigations of local underworld activity." On September 5, 1979, Abbott and Costello entered Tomlin's Tavern with a warrant and headed straight for the Men's Room. As they entered the Men's Room, they immediately saw Tomlin and one Richard Pryor sitting on the floor smoking what looked and smelled like marijuana. Abbott and Costello immediately placed Tomlin and Pryor under arrest and fully searched them. They also "searched" George Carlin who was standing in the Men's Room immediately next to Tomlin and Pryor when the police officers entered. The "search" of Carlin was a cursory check of his outer clothing which culminated in Officer Abbott reaching his hand into Carlin's jacket pocket, producing a metal cigarette case which contained two rolled marijuana cigarettes inside. The search of Tomlin and Pryor also produced two marijuana cigarettes on each of them. The search of Tomlin also included a search of a knapsack that she was sitting next to at the time of her arrest.
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