2010_CrimPro_Burkoff - EXAM NO. _ CRIMINAL PROCEDURE...

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EXAM NO. ________ CRIMINAL PROCEDURE SECTION C Final Examination 3 Hours May 10, 2010 1:00-4:00 OPEN BOOK Instructions The three problems are of unequal weight. They will be graded in proportion to their 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 § C -2- EXAM NO. ________ I. (60 Minutes) Consider the following factual scenario: “In late December 2005, two South Burlington police officers served a subpoena on an individual in connection with a major drug distribution case. The police had information that the individual in question had sold drugs from a white Jeep, accompanied by an Hispanic male from New York. While serving the subpoena, the officers observed a male who appeared to be Hispanic in the apartment. The individual appeared to be nervous about the officers’ presence, and had a New York accent. He identified himself to the officers as Yosef Pitts. After serving the subpoena, the officers waited outside the apartment, observed Yosef enter a taxi, and decided to follow. The officers called the taxi dispatcher and were informed that the taxi was going to an address on Henry Street in Burlington and that the taxi made the same run to the same address several times a day. This aroused the officers’ suspicions further because they believed that drug dealers routinely use taxis to avoid detection. “As Yosef exited the taxi, the officers approached, took him by the arm, and asked if they could speak with him. Yosef agreed to talk, and one officer asked him where he was going. He responded with the address on Henry Street. The officer inquired as to whether he had identification; Yosef gave his name and further explained that he was from New York but had been living in Vermont with his sister. The officer then asked if he had any weapons on him. According to the officer, Yosef told him ‘I have a knife in my pocket, here’ and the officer then ‘took the knife off [Yosef], and . . . patted him down for weapons.’ During the pat- down search, the officer felt a ‘big wad of cash’ and asked Yosef how much was there: Yosef indicated several hundred dollars. The officer then asked Yosef if he had any drugs on him. Yosef indicated that he had ‘a little weed’ in his pocket. The officer testified that Yosef ‘guided’ him to the location of the drugs, which the officer then removed, revealing about two grams of marijuana. The officer indicated that he then obtained consent to do a
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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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2010_CrimPro_Burkoff - EXAM NO. _ CRIMINAL PROCEDURE...

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