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EXAM NO. ________ CRIMINAL PROCEDURE SECTION A Final Examination 3 Hours April 28, 2008 9:00-12:00 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 scenario: “On graveyard shift, at 1:33 a.m., on December 13, 2005, Coeur d’Alene Police Officer Patrick Sullivan observed a gold sedan with a tinted windshield, deep scratches all over the rear door panels, and a bumper sticker reading ‘Idaho is Growing to Pot.’ Officer Sullivan pulled over the sedan which was driven by Gomez. Officer Sullivan observed that the whites of Gomez’s eyes were red, but he exuded no odor of alcohol. Officer Sullivan suspected Gomez was under the influence of some intoxicant, however, because Gomez spoke with a broken and rapid speech pattern, making him difficult to understand. “During the initial exchange with the officer, Gomez volunteered that he had ‘gotten out’ of prison in April. Officer Sullivan returned to his patrol vehicle, requested Gomez’s driver’s history from dispatch, and prepared a citation for speeding. Dispatch advised that Gomez had a weapons offense and ‘officer safety alerts’ for battery, resisting an officer, and carrying a concealed weapon. Officer Buhl arrived several minutes later and Officer Sullivan, accompanied by the back-up officer, returned to Gomez’s vehicle with the citation. “Prior to explaining the citation for speeding and handing it to Gomez to sign, Officer Sullivan made further conversation to check for additional signs of intoxication. In response to a question about binoculars on his front seat, Gomez explained he was having girlfriend problems and was using the binoculars to spy on her. Officer Sullivan then gave the citation to Gomez, who signed it and handed it back. Sometime within the next few seconds while Officer Sullivan sorted the paperwork, Officer Buhl—who from the passenger side of the vehicle had been looking through the windows with a flashlight—said he could see a gun case on the floor underneath the driver’s legs. Gomez replied that it was nothing and began to fidget, looking back and forth. “Officer Sullivan then ordered Gomez and the only
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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.

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