1997 Criminal Procedure

1997 Criminal Procedure - EXAM NO CRIMINAL PROCEDURE...

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Final Examination April 29,1997 EXAM NO. - CRIMINAL PROCEDURE SECTION A 2 % Hours 9:OO-11:30 THIS EXAMINATION MUST BE RETURNED WITH YOUR BLUEBOOKS OPEN BOOK "We had to let the animalsgo. No one informed them of their rights when thty were arrested." Tbn sueeested time limits. Budeet vour time accordinnlv, Answer all questions reasonablv raised in each ~roblem even thoueh vour resolution of a prior issue in the same ~roblem mav technicallv make decision of the other issues immaterial. If v u ieve th t ou e d r a ts specificallv what facts vou believe vou need and whv, Specific citations to cases are welcome but not as a substitute for thinking, i.e. do not use citations of clearly stating the relevant point of law.
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CRIMINAL PROCEDURE 5 A (60 minutes) EXAM NO. Consider the following factual scenario: "John Cuva was stopped by an Orlando police officer because Cuva was in downtown Orlando after midnight and appeared to be under age 18. (The police later learned that Cuva was 18 years old.) The city's Youth Protection Ordinance prohibits the presence of minors in downtown Orlando from 12:Ol a.m. to 6:00 a.m. unless they are going to work, coming from work, engaged in approved activities, or accompanied by an adult. The officer asked Cuva's age and for identification, and, when Cuva could not produce identification, the officer told Cuva that he would have to be detained. The officer also told Cuva that he would be searched whether or not he consented. The officer searched Cuva and found $1,850 in cash. He testified that the purpose of the search was to find weapons. Cuva was detained and led to a police substation. "At the substation, no effort was made to contact Cuva's parents or to verify his age. Another officer asked Cuva where he parked his car and took Cuva's keys without his permission. Cuva told the officer he might find a joint of marijuana in the car. The officer called for a K-9 unit to walk around the car. When the dog did not alert on the vehicle, the officer unlocked the car and found marijuana under a hubcap on the front seat. Cuva was arrested and read his Miranda rights and when asked if he had anything to say, Cuva said: 'I want to see an attorney. That's my Mom's marijuana and she's going to be plenty mad at me.' "At the suppression hearing, the first officer testified that Cuva was doing nothing illegal when he first saw him. He stopped Cuva only because he appeared
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1997 Criminal Procedure - EXAM NO CRIMINAL PROCEDURE...

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