1986 Criminal Procedure - CRIMINAL PROCEDURE SECTION B...

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CRIMINAL PROCEDURE SECTION B Final Examination May 2, 1986 Two and f Hours 1:OO-3:30 We nd the mlnd guilty, and, what's more, the Founding Fathers and . % *rue would have fiumi him guilty, too.JJ OPEN BOOK Instructions The three problems are of unequal weight. Each is worth an amount in gradlng proportionate to its suggested time allotment. 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 of 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. Specific citations to cases are welcome but not as a substitute for thinking, i.e. do not use citations instead of
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CRIMINAL PROCEDURE SECTION B PAGE 2 I. (60 minutes) Iton September 29, 1981, Detective Robert Turner of the Denver Police Department observed three individuals attempting to cover a large, apparently heavy object in the trunk of a car. Detective Turner drove past the car and then returned for another look. He 9 found the car empty with a safe visible in the trunk. Detective yo Turner radioed a description of the individuals he had seen trying to conceal the safe and shortly thereafter police officers \apprehended someone who matched one of the descriptions, Joan Jones. Jones was taken to the police station and asked if she had recently placed a safe in a car. After admitting that she had, Jones was given Miranda warnings and immediately thereafter told Turner that she had participated with two others in the burglary of a residence in the vicinity of Second Avenue and Colorado Boulevard. According to Detective Turner, she also told him that she thought the safe contained money and drugs. "Another detective located a house that appeared to have been broken into in the neighborhood described by Jones to Detective Turner. The front door of the house was open and the door jamb was splintered. Detective Turner arrived, shouted "policett into the residence, and then entered . . . . He then conducted a search of the premises. On the lower floor of the house, Turner noticed marks in a small room or closet indicating where the safe
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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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1986 Criminal Procedure - CRIMINAL PROCEDURE SECTION B...

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