1981 Criminal Procedure - CRIMINAL LAW AND PROCEDURE...

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Unformatted text preview: CRIMINAL LAW AND PROCEDURE SECTION B3 F i n a l Examination A p r i l 27, 1981 Three Hours 1:30-4:30 OPEN BOOK I n s t r u c t i o n s The f o u r problems a r e o f unequal weight. Each is worth an S p e c i f i c c i t a t i o n s t o cases a r e welcome b u t n o t a s a sub- s t i t u t e f o r t h i n k i n g , i . e . do n o t use c i t a t i o n s i n s t e a d o f c l e a r l y s t a t i n g t h e r e l e v a n t p o i n t o f law. I . [Suggested Time: 60 minutes] The Hawaii Supreme Court, i n S t a t e v. B r i g h t e r , 621 P.2d 374 (19801, described t h e f a c t s of t h a t case a s follows: A t about seven o'clock i n t h e morning of November 13, 1974, i n occupant of t h e defend- a n t Paul B r i g h t e r ' s house telephoned t h e Kona . CRIMINAL LAW AND PROCEDURE. SB Police Station and, a f t e r identifying himself a s Richard Tavares, s t a t e d t h a t the house i n Kona Palisades Subdivision was surrounded by guys with guns, o r words t o t h a t e f f e c t . Between s i x and e i g h t police o f f i c e r s , some of them i n plainclothes, were dispatched t o defendant's house. Officer Stewart Dela Cruz was the f i r s t t o a r r i v e a t t h e house. He spoke t o Paul Brighter who s a i d t h a t the persons with guns had l e f t and everything was a l l r i g h t . Officer Dela Cruz r e l a t e d t h i s information t o Officers'Ronald Aguiar and Ronald Manuela, who had arrived a t t h e scene shortly a f t e r Officer Dela Cruz. These two o f f i c e r s observed t h a t t h e r e were no other persons surrounding t h e defendant's house and decided t o investi- gate f u r t h e r t o negate t h e p o s s i b i l i t y t h a t persons reportedly armed had entered t h e house and were holding its occupants a s hostages. Officers Aguiar and Manuela were met a t t h e door of defendant's house by a person who i d e n t i f i e d himself a s Richard Tavares. Their testimony c o n f l i c t s on what followed next. Officer Manuela t e s t i f i e d t h a t Tavares s a i d he had seen people with r i f l e s i n t h e bushes i n t h e h i l l s and one armed person on t h e p a t i o area of a house under construction on one h i l l . Tavares then confirmed t h a t everything was a l l right. The o f f i c e r s asked Tavares f o r permission t o enter t h e house. He refused. After the o f f i c e r s r e i t e r a t e d the importance of checking the house f o r potential hostages o r injured persons, Tavares stepped toward the door frame. The o f f i c e r s pushed open t h e door and entered. Richard Tavares denied t h a t t h e o f f i c e r s asked f o r permission t o e n t e r t h e house and did not r e c a l l a conversation about the gunmen. H i s version is t h a t Officer Manuela asked t o see Paul Brighter, and Tavares t o l d him t o wait. A s Tavares began t o close t h e p a r t i a l l y open door, he stepped toward t h e...
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This note was uploaded on 01/17/2012 for the course LAW 5046 taught by Professor Johnburkoff during the Fall '11 term at Cornell University (Engineering School).

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1981 Criminal Procedure - CRIMINAL LAW AND PROCEDURE...

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