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2001 Criminal Procedure

2001 Criminal Procedure - EXAM NO CRZMINAL PROCEDURE...

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Final Examination April 27,2001 EXAM NO. CRZMINAL PROCEDURE SECTION C 2% Hours 1:OO-3:30 OPEN BOOK 1 GOOD C O P , GREAT COP 1 Instructions The three problems are of unequal weight. Thev will be vraded in uroportion to the m e s t e d time limits. Budget vour time accordinglv. Answer all the questions reasonablv raised in each problem even though vour resolution of a vrior issue in the same vroblem may technically make decision of the other issues immaterial. If vou believe that you need more facts than are oresented to adequately resolve an issue. indicate svecificallv what facts you believe you need and whv. 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 5 C EXAM NO. I. (60 minutes) Consider the following factual scenario: "Broward County Sheriff Perez responded to Stephanie Drysdale's home after a 91 1 hangup call. Upon arrival, Drysdale told Perez that her home had been invaded and she had been robbed at gunpoint. While speaking to Drysdale at her open front door, Perez noticed the smell of marijuana. Without asking Drysdale's permission, Perez made a cursory search of the home in order to secure the crime scene. Perez then had no further involvement with the investigation. "Detective Young subsequently anived to investigate the home invasion and found Drysdale outside crying hysterically. After learning details of the robbery from Drysdale, Young told her he needed forensics to come into her home and search for evidence. At first she refused, but when he started to leave, she became more upset. Young then obtained a consent form for a search which Drysdale signed. Young testified that Drysdale only consented to a forensic search for fingerprints and to take photographs. Drysdale waked Young and Detective Ingalls, a forensics officer, through the rooms of her home that the intruders entered. While in the living room, Young spotted marijuana seeds in the carpet. "Broward County Sheriff Massucco of the regional narcotics K-9 unit was also dispatched to the scene to search for narcotics in the house. When he arrived with his dog, Bingo, he spoke with an unnamed deputy and was told he had consent to search the residence. Massucco entered the residence with Bingo and went to the master bedroom. He started to search but heard the voice of Drysdale saying that she didn't want the dog in the house.
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  • Fall '11
  • JohnBurkoff
  • Fourth Amendment to the United States Constitution, bin laden, Broward County, Drysdale, Stephanie Drysdale

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