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EXAM NO. ________ CRIMINAL PROCEDURE SECTION A Final Examination 2½ Hours May 3, 2007 1:00-3:30 OPEN BOOK Instructions The three problems are of unequal weight. They will be graded in proportion to the suggested time limits. Budget your time accordingly. Answer all the questions reasonably raised in each problem even though your resolution of a prior issue in the same problem may technically make decision of the other issues immaterial. If you believe that you need more facts than are presented to adequately resolve an issue, indicate specifically what facts you believe you 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 -2- EXAM NO. ________ I. (60 minutes) Consider the following facts: “On January 19, 2004, Police Officer James Minter responded to a call from the Billy the Kid Casino. ‘Larry Sinclair’ (a/k/a Sinclaire) had endorsed and cashed a check payable to ‘Larry Sinclaire’ at the casino which had been returned unpaid and marked ‘account closed.’ The officer took possession of the check and left the casino. Several hours later, on that same day while on patrol, the officer received a call from dispatch over his police radio. An employee at the casino had called to notify the police that Sinclair had returned to the casino and was now leaving in a ‘dark[-]colored sedan.’ Since he was in the vicinity, the officer immediately drove to the casino and, upon his arrival, saw a dark- colored sedan exiting the casino. The sedan was the only vehicle leaving the casino at that time. The officer then turned his car around and initiated a traffic stop under the suspicion that Sinclair may be in the dark-colored vehicle. Inside the vehicle were two males and a female. The officer made contact with the driver, William Funderburg, asking for his driver’s license, registration, and proof of insurance. His papers were in order. “The officer then asked the male passenger, Sinclair, for his identification and found he was the suspect in the check forgery. The officer asked Sinclair to get out of the car for questioning. During questioning, Sinclair appeared nervous and repeatedly placed his hands in his right front pocket. The officer asked him if there was anything that he needed to know about and Sinclair advised him that he had a marijuana pipe in his pocket. After retrieving the pipe, the officer observed a small amount of a green, leafy substance in the pipe, which the officer recognized as marijuana, and Sinclair was arrested. “The officer then went to Funderburg and asked if there was anything in the car that the officer needed to know about. When Funderburg said there was not, the officer asked for his
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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 University (Engineering School).

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