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EXAM NO. ________ CRIMINAL PROCEDURE SECTION B Final Examination 3 Hours April 30, 2009 1:00-4:00 OPEN BOOK Instructions The three problems are of equal weight. They will be graded equally. 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 § B -2- EXAM NO. ________ I. (60 Minutes) Consider the following scenario: “A patrol officer stopped Larry Matthews for driving 48 miles per hour on a street with a posted speed limit of 25 miles per hour at 3:32 in the morning. The officer approached Matthews’s car and obtained his driver’s license and insurance card. While doing so, he noticed a young female in the front passenger seat ‘bouncing . . . uncontrollably’ with bloodshot eyes, ‘a sunk-in face,’ and ‘very rough skin.’ Based on her appearance and behavior, the officer asked her for identification. She replied that she did not have any, but provided the officer with a name and date of birth that would have made her 19 years old. “The officer returned to his patrol car to conduct a standard check for outstanding warrants on both Matthews and his passenger. While he was waiting for the information to return, the office wrote a speeding ticket for Matthews. “When the passenger’s information ‘did not return,’ the officer became concerned. In his experience, ‘nine times out of ten’ the information does not return ‘because they have a warrant or they’re suspended or they’re on probation or parole. Something’s going on.’ His concern was amplified by her strange behavior and appearance, and the fact that ‘[s]he looked younger than the age she gave me.’ “The officer returned to Matthews at the driver’s window to ‘to make sure [he] didn’t make a mistake with her name and her date of birth’ and to give Matthews a ticket. The passenger told him that she possessed a driver’s license and identification card and gave the officer a different name with the same date of birth. The officer returned to his patrol car again to confirm the new information, which also did not return on file. Convinced that the passenger was lying to him, the officer approached the passenger side of Matthews’s car to talk with her. She appeared ‘highly intoxicated’ to the officer, and he smelled alcohol on her breath. He administered an alco-sensor test of her breath, which was positive for alcohol.
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