Friday, June 28, 2013

Constitutional Criminal Procedure


Police obtained a warrant to search a single-family residence for :
? “illegal amphetamines and
? equipment used in the manufacture of same.”
The warrant also authorized the search of the person of Harry Hampton, described in the warrant as a white male, 32 years of age, 6 ft. 2 in., and 225 lbs. When they arrived at the scene, one officer began to search Hampton. When the search yielded contraband, another officer detained a second man sitting on the porch; he was later identified as Jimmy Jaffers.CLICK HERE TO ORDER THIS ESSAY!!!!
The officer subjected Jaffers to a pat-down search. No weapons were discovered, but the officer felt a “suspicious lump” in Jaffers’ front pants pocket and retrieved a plastic bag of capsules that later proved to be illegal amphetamines. In a pretrial motion, Jaffers’ counsel moved to suppress the contraband, arguing that his client was the victim of an unreasonable search.
Assignment directions:In a decision of 2-3 pages,
1. You are the judge.
? how would you rule on the motion? and Why?
? Preparing the decision is similar to the brief you wrote for the first assignment:
o Start with the facts, state the issue(s), and then decide the issue(s)
o then decide the issue(s), supporting your decision with principles of law as learned from our text readings
Scheb and Scheb, Criminal Law and Procedure, Chapter 16 for referencing

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