2002 Criminal Procedure

2002 Criminal Procedure - EXAM NO CFSWNAL PROCEDURE SECTION...

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EXAM NO. CFSWNAL PROCEDURE SECTION A Final Examination May 6,2002 2% Hours 9:OO-11:30 OPEN BOOK Xgain?IreadyouycurMiranda rights /art night." Instructions The three problems are of uneaual weipht. Thev will be maded in ~ro~ortion to the - sugeested time limits. Budget vour time accordindv. - Answer all the auestions reasonablv raised in each ~roblem even thou~h vour resolution of a ~rior issue in the same ~roblem mav technicallv make decision of the other issues immaterial. If vou believe that vou need more facts than are resented to adeauatelvresolve an issue, indicate specificallv what facts vou believe vou need and whv. Specitic citations to cases are welcome but not as a substitute for thinking, i.e. do not use I citations instead of clearly stating the relevant point of law.
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- CRIMWAL PROCEDURE $ A EXAM NO. I. (60 Minutes) Consider the following facts: "On March 14,2001, Officer Michele Van Arsdall of the City of Lawrence Police Department stopped a car driven by Terrence Crabtree ('Terrence') because the occupants were not wearing seatbelts. Jeffrey, Terrence's brother, was a front- seat passenger in the car. Officer Van Arsdall asked for Terrence's license and registration for the vehicle, but Terrence was not able to supply either document. Officer Van Arsdall conducted a registration check on the license plate and found that the plate on the car driven by Terrence was not registered to that vehicle. Officer Van Arsdall also ran a check on Terrence's license and discovered that it had been suspended. "Officer Van Arsdall then walked back to the vehicle and noticed an odor of marijuana emanating from it. Mcer Van Arsdall asked Terrence if there were any narcotics in the vehicle, to which Terrence responded, 'No, I would never drive with my weed in my car.' [Statement #1] She then placed Terrence under arrest for driving with a suspended license. "Officer Mark Osborn of the City of Lawrence Police Department, assisting Officer Van Arsdall as back up, approached the vehicle in which Jeffrey was still sitting as a passenger. Officer Osborn asked Jeffrey if he had any weapons. When Jeffrey answered that he did not have any weapons [Statement #2], Officer Osbom asked him to step out of the vehicle for a pat-down search. "As Jeffrey either stepped out or was 'pulled out' of the vehicle, Officer Osborn patted him down and found a clear baggie, containing green leafy vegetation, in the front 'pouch' of Jeffrey's sweatshirt. Before removing the baggie, which turned out to contain marijuana, Officer Osborn searched Jeffrey for weapons and found an 8 inch-long knife strapped against his lower right leg. After seizing the knife and placing Jeffrey under arrest, Officer Osborn asked
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2002 Criminal Procedure - EXAM NO CFSWNAL PROCEDURE SECTION...

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