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1994 Criminal Procedure

1994 Criminal Procedure - EXAM NO CRIMINAL PROCEDURE...

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Final Examination May 9,1994 EXAM NO. - CRIMINAL PROCEDURE SECTION C Two '/t Hours 1 :OO-3130 THIS EXAMINATION MUST BE RETURNED WITH YOUR BLUEBOOKS OPEN BOOK Instructions The three Droblems are of uneaual weight. Thev will be waded in ~ro~ortion to the suaaested time limits. Budget vour time accordinalv. Answer all the auestions reasonablv raised in each Droblem even though vour 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.
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CRIMINAL PROCEDURE I (80 Minutes) You are an assistant to a state prosecutor. Your boss tells you that Tonya Pharding, who is charged with driving on a revoked license and who, together with Jeff Phillooly, is also charged with possession of cocaine, have filed a motion to suppress evidence, asserfing that the following evidence should be suppressed: [I) Phardina's statement to Detective Kerriaan in which she admitted driving on a revoked license; (2) a substantial quantity 6f cocaine found in Phillooly's cat (3) Phillooly's statement to Pharding in Detective Kerrigan's patrol car after they were arrested. She further informs you that the following relevant facts were presented at the hearing on Pharding's and Phillooly's motion to suppress: On April 30, a reliable informant told Detective Kerrigan that John Bobbitt, who lived in a house on Gelding St., was selling narcotics from his house and was going to have a shipment of heroin delivered there on the evening of May 1. Based on this tip, Kerrigan obtained a search warrant for the Gelding St. address. At 7 p.m. on May 1, armed with the search warrant, Kerrigan and other officers staked out the house to await developments. They planned to execute the search warrant sometime after 10 p.m. At 7:30 p.m., about half an hour after the officers began their stake-out, a car
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1994 Criminal Procedure - EXAM NO CRIMINAL PROCEDURE...

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