2005 Criminal Procedure - EXAM NO. CRIMINAL PROCEDURE...

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EXAM NO. CRIMINAL PROCEDURE SECTION A Final Examination May 2,2005 2% Hours 1:00 - 3:30 OPEN BOOK Yjnd in these cases that the bestdcfme is apack flies." Instructions The three problems are of uneaual weirrht. Thev will be maded in orooortion to the sugzested time limits. Budget vour time accordindv. Answer all the questions reasonablv raised in each problem even thouph vour resolution of a prior issue in the same oroblem mav technicallv make decision of the other issues immaterial. If vou believe that vou need more facts than are presented to adeauateiv resolve an issue. indicate s~ecificallv what facts vou believe you need and whv. Specific citations to cases are weicome but nor as a substitute for thinking, i.e. do not use citations insread of clearly stating the relevant point of law.
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CRIMINAL PROCEDURE $ A 1. (60 minutes) EXAM NO. Consider the following factual scenario: "In late May 2000, Officer Nichols of the Thompson Falls Police Department was assigned to investigate suspected illegal drug activity occumng at a rented house in Thompson Falls. During the course of the investigation, Nichols concluded that the occupants of the house were involved in operating a clandestine methamphetamine lab. Hence, on July 11, Nichols requested the assistance of Sergeant Bardwell, team leader of the Kalispell Police Department SWAT team, in serving a search warrant. After learning that the house to be searched was a large structure consisting of three levels with numerous rooms and that it might be occupied by as many as fifteen individuals, Bardwell contacted the Flathead County Sheriff Department's SWAT team for assistance. "On July 24, Nichols obtained a warrant to search the residence. In his application for the warrant, Nichols related that 'out of the ordinary traffic' was seen coming and going from the residence and that a great number of the vehicles were from Washington state. Nichols also stated that he checked the license plates on three of the vehicles that he had seen at the residence. One of them was registered to Troy Klein. Nichols had checked with Spokane County and discovered that Klein had been charged in the past with committing drug offenses and had three active felony warrants. "Nichols also related in his warrant application that several other individuals who had been seen near the residence had been charged with drug offenses. Nichols also stated that he discovered that there was a surveillance camera located in the second story window of the residence pointed at the driveway. Nichols also averred that an individual matching Klein's description had purchased ammunition from a local hardware store. However, he added, the two-and-a-half month investigation yielded no observation or reports of weapons sighted in the home. A warrant was issued, but the issuing magistrate declined to make it a 'no-knock' warrant.
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2005 Criminal Procedure - EXAM NO. CRIMINAL PROCEDURE...

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