1998 Criminal Procedure

1998 Criminal Procedure - CRIMINAL PROCEDURE . . SECTION A...

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CRIMINAL PROCEDURE . . SECTION A Final Examination April 30, 1998 2% Hours 9:OO-11:30 OPEN BOOK Instructions The three ~roblems are of uneoual weight. Thev will be graded in ~ro~ortion to the wested time limits. Budget vour time accordinglv. Answer all questions reasonablv raised in each ~roblem even though vour resolution of a prior issue in the same ~roblem mav technicallv make decision of the other issues immaterial. If you believe that vou need more facts than are resented to adeouately resolve an issue. indicate ~pecificallv what facts vou believe vou 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.
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CRIMINAL. PROCEDURE $ A . . I. (60 minutes) Consider the following facts: "DEA Special Agent Dave Marzullo was conducting a wiretap operation pursuant to a federal court order on November 3, 1995. During this operation, Mdo intercepted a call which indicated 300 kilograms of cocaine were to be delivered to 2641 Jackson Street, a residence in Carson, Los Angeles County. Orange County Sheriffs Investigator Thomas Dove related this information to Narcotics Officer Scott McKnight, who was parked on the west side of the 2600 block of Jackson Street for 24-hour surveillance of the location. "Shortly after 10:20 on the morning of November 5, McKnight observed Roberto Rarnirez arrive at the 2641 Jackson residence in a blue Ford Tempo. Ramirez drove his car into the driveway and behind the house until he disappeared ftom Officer McKnight's view. "Ramirez stayed inside the house for 40 to 50 minutes, after which he drove away in the same car with a passenger who emerged &om the house when Ramirez came out. Believing Ramirez possibly picked up a supply of cocaine fiom the Jackson residence, McKnight began to follow the car at a distance of 50 to 75 yards. Although McKnight did not look at his speedometer or clock the speed of the vehicle, he estimated it was traveling at a speed of 30 to 35 m.p.h. in a residential area with a posted speed limit of 25 m.p.h. "Officer McKnight advised over his police radio to other
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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.

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1998 Criminal Procedure - CRIMINAL PROCEDURE . . SECTION A...

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