1991 Criminal Procedure - EXAM NO. CRIMINAL PROCEDURE...

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Unformatted text preview: EXAM NO. CRIMINAL PROCEDURE SECTION A Final Examination May 2, 1991 Two and % Hours 1:OO-3:30 THIS EXAMINATION MUST BE RETURNED WITH YOUR BLUEBOOKS OPEN BOOK Instructions The three problems are of unequal weight. They will be graded in proportion 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 of the other issues immaterial. If youbelieve 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 clearly stating the relevant point of law. CRIMINAL PROCEDURE SECTION A -2- EXAM NO. I . (60 minutes) Consider t h e following scenario: "On June 16, 1987, an informant n o t i f i e d t h e Henrico County[, Virginia] P o l i c e Department t h a t Paul Stanley would be d r i v i n g a c a r i n Henrico County. The informant reported t h a t t h e c a r would contain drugs and t h a t Stanley might have weapons i n h i s possession. Stanley was a f u g i t i v e and a warrant f o r h i s a r r e s t f o r a probation v i o l a t i o n was outstanding. This information was relayed t o O f f i c e r s Von Canon and Jackson. O f f i c e r s Von Canon and Jackson were advised by p o l i c e i n v e s t i g a t o r s t h a t they needed t o e s t a b l i s h t h e i r 'own reason why . . . [they] had suspicion t o s t o p . . . [Stanley's] v e h i c l e , r e g a r d l e s s of what they [had been] t o l d . . . . ' They were i n s t r u c t e d not t o s t o p the c a r unlc:s they observed a t r a f f i c v i o l a t i o n . "Later t h a t day, O f f i c e r s Von Canon and Jackson, who were d r i v i n g separate c a r s , observed Stanley d r i v i n g a c a r on Staples M i l l Road i n Henrico County. Albert P. Harris was a passenger i n t h e f r o n t s e a t of S t a n l e y ' s c a r . Von Canon saw ' a l o t of o v e r t movement c a r ....
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1991 Criminal Procedure - EXAM NO. CRIMINAL PROCEDURE...

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