2003 Criminal Procedure - E m 1 NO. CRIMINAL PROCEDURE...

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Final Examination May 1,2003 Em1 NO. CRIMINAL PROCEDURE SECTION B 2% Hours 9:OO - 11:30 OPEN BOOK "OK, you'vejust sentenredhim to twenty-f;veyears to Iifmowpush 'send'" Instructions The three oroblems are of uneaual weizht. Thev will be zraded in orooortion to the susested time limits. Budzet vour time accordinzlv. Answer all the auestions reasonablv raised in each problem even thou& vour resolution of a prior issue in the same ~10blem mav technicallv make decision of the other issues . immaterial. Ifvou believe that vou need more facts than are presented to adeauatelv resolve an issue. indicate s~ecificallv what facts vou believe vou need and whv. I 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 § B I. (60 minutes) EXAM NO. Consider the following factual scenario: "On May 20,2001, a confidential informant working for the Highlands County Sheri£E's Office purchased cocaine and marijuana from Gregory Cassells at a restaurant in Avon Park, Florida. Based on this sale, the sheriff obtained a search warrant to look for drugs and paraphernalia at Cassells' home which was only one block away from the restaurant. Ten days after the warrant was issued, at approximately 7:30 p.m., a small group of deputies went to the home to conduct surveillance and execute the warrant, if possible. Upon arrival, the deputies observed that Cassells' car was not in the driveway and delayed execution of the warrant. Two hours later, the officers recognized Cassells as he drove into the driveway. The deputies immediately pulled into the driveway behind Cassells' car. In addition to Cassells, there were three other occupants in the car, who were all young children. "One of the deputies approached Cassells and informed him that they were there to execute a warrant. Another deputy took charge of the children to assure their safety during the search. As Cassells was exiting his car, he was asked if the home was occupied. Cassells stated that the house was unoccupied. The entry team then went to the front door. They knocked and announced, and waited approximately ten seconds before making a forceful entry into the home. No one was home. Thereafter, the warrant was read to Cassells, and he said: 'Do
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2003 Criminal Procedure - E m 1 NO. CRIMINAL PROCEDURE...

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