Prof. Garcia

Criminal Procedure

Final Exam

Summer, 1998

You have three hours to complete this examination. You may not use any materials during the exam. Write only in the space provided for the answer. I will not read any answer that appears outside the lines allotted for the answer. There are five short hypotheticals in this examination. All questions will be equally weighted. You should spend approximately thirty-five minutes per hypothetical.

1. Trooper Rogers and Johnson chased a car at speeds exceeding 100 miles per hour after trying to stop the car for having a broken taillight. During the chase, the fleeing car slid off the icy highway into a ditch. The defendant driver then fled on foot, leaving his wife in the disabled car. Rogers pursued the defendant while Johnson placed the defendantís wife in her patrol car. During the two hours that Rogers was gone, Johnson conducted an inventory of the defendantís car, including a closed but unlocked suitcase. When Rogers returned without the defendant, Johnson informed him that she had seen an ammunition belt in the suitcase. The officers then ordered the tow truck for the car and took the suitcase tot he station, where they conducted a more careful inventory that uncovered credit cards bearing the name of Lucille Collins. Subsequent investigation disclosed that Ms Collins had been murdered, and the defendant is now charged with the murder.

The defendant has filed a motion to suppress the evidence uncovered during the searches. Should the court grant or deny the motion explain.

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2. After stopping the defendant for speeding, Officer Holt observed him make a movement "consistent with removing an object from his midsection and placing it on the floorboard." Making a radio check, Holt learned that the defendant had an extensive record, including a felony conviction within the last five years. The radio dispatcher also indicated that the defendant had been known to carry firearms and to assault officers. At this point, Holt ordered the defendant and his passenger, Ms Smith, from the car. Holt then searched the car, found a gun under the passengerís seat and arrested the defendant for unlawful possession of a gun within five years of a felony conviction.

At the defendantís suppression hearing, testimony disclosed that Mr. Bell, the owner of the car, had lent the car to Ms Smith. Although Smith had a driverís license, she gave the keys to the defendant to drive the car. Assume Ms Smith was charged as an accessory to the crime and joins the defendantís motion to suppress the gun. What result? Explain.

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3. Brandon leased an apartment for six years before Silva moved in with her. Although they were not married, the couple then took out a lease in the names of "Mr. And Mrs. Silva." Silva paid the rent, and the couple lived in the apartment for more than two years, before a quarrel on New Yearís Day.

On New Yearís Day, Silva punched Brandon in the face. Brandonís nine-year-old son then ran from the apartment screaming that he intended to call the police. Silva directed Brandon to get the boy, but after doing so she called the police instead of returning home. Brandon told the police not only that Silva had hit her but also that he was a convicted felon with guns in a closet in their apartment.

When Brandon subsequently tried to let police into the apartment, she found the door had been locked. She then put her hand through the jalousie and unlocked the door from the inside. Once inside, she told the police that the guns were in the hall closet. Silva forbade the police to enter the closet, but relying on Brandonís permission, the police entered the closet, searched it, and found two guns. Besides the guns, the closet contained only Silvaís belongings. Brandon occasionally entered the closet to clean; her son entered it once in a while.

Charged with illegal possession of firearms, Silva moved to suppress the guns. Should the court grant the motion? Explain.

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4. While riding in their unmarked car, plainclothes officers Kane, Atkinson, and White received a radio report that a narcotics sale was taking place in the 2400 block of Kermit Court. Walking to the designated area, they found only two males, Scott and Calvin, conversing. When Scott observed the three officers, he started to walk away. Kane immediately identified the three as police officers and said, "Come here." At this, Scott started to run, but Calvin stayed put. During their several minute chase, Atkinson and Kane observed Scot run behind some houses and drop a "medicine type vial." After apprehending Scott, the two officers returned to the area where the drop had occurred and retrieved the vial, which contain Valium. In the meantime, White asked Calvin how much dope he had sold, and Calvin responded by claiming that he was not a dealer, that Scott was his only customer, and that he had sold a little Valium to Scott to help out a friend in need.

Finding that illegal Fourth Amendment activity had occurred, the trial court suppressed the Valium in Scottís case and Calvinís statements in his case. The prosecutor filed and interlocutory appeal. How should the appellate court rule?

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5. Two armed men robbed the Nashville City Bank and escaped with over $50,000 in white sacks. According to witnesses, both robbers wore long leather coats and hats, and one wore a ski mask.

Four days later, several police officers obtained valid arrest warrants for two men who lived in a nearby apartment. After lawfully gaining entry, the officers, who carried shotguns, arrested and handcuffed the two defendants in the living room and placed them against the living room wall. An immediate search disclosed six bullets in one defendantís pocket One officer then seized a leather jacket, ski mask, pistol, and fur cap in plain view in the living room. By lifting the flap and bending down, another officer found three bank sacks of money and a pistol under the living room couch. A third officer, who had gone into an adjoining bedroom to look for additional people, seized money from a closed paper bag on a shelf in the bedroom closet. Finally, one officer seized money from a closed paper bag between a water heater and an adjoining wall, about four feet from the defendants. At the time, a police officer stood in the hallway that separated the defendant from the heater. The closet-like depression behind the heater contained a number of items in addition to the bag.

Should any of the evidence be suppressed? Explain.

(The professor left 15 blank line for the answer)