The police suspected that Luke, a 17-year-old high school st…
The police suspected that Luke, a 17-year-old high school student of selling marijuana to his classmates. Luke lived with his mother. The police went to the mother’s house without a search warrant and secured permission from Luke’s mother to search Luke’s bedroom. In his bedroom, they found a locked suitcase under the bed. Luke’s mother said that it was Luke’s suitcase, but that they could search it. The police then broke the suitcase’s lock, opened the suitcase, and found a substantial amount of marijuana. Luke has been charged with possession of marijuana with intent to distribute and brings a pretrial motion to suppress the marijuana as evidence. How should the court rule on the motion?
Read DetailsWithin minutes after hearing gunshots from the neighboring h…
Within minutes after hearing gunshots from the neighboring house belonging to Nancy, Randy called the police. When the police arrived, two officers entered the unlocked front door with guns drawn. They observed a man lying on the floor. The victim had been shot in the stomach and was unconscious. While one officer called an ambulance, the other began to search Nancy’s house, looking for the gunman. When the officer opened a closet door in the master bedroom, he observed several small bags containing a white substance. Based on experience and training, the officer had probable cause to believe the contents were cocaine. The officer seized the bags. The officer then entered the kitchen and noticed the back door was open. He observed a gun on the ground a few feet from the doorstep. Subsequent investigation revealed that the gunshot victim was Nancy’s cousin, and that the bags did indeed contain cocaine. Nancy was charged with unlawful possession of cocaine. Nancy filed a motion to suppress the evidence, claiming that the officers’ entry and subsequent search were unlawful. Should the court grant Nancy’s motion?
Read DetailsKate and Ian left for a weekend trip. They asked Felix, a te…
Kate and Ian left for a weekend trip. They asked Felix, a teenaged neighbor, to come to their house each day to feed the tropical fish in the den and to water the plants in the kitchen and bedrooms. The police, who were suspicious that Ian was a bookie, came to Kate and Ian’s house while Felix was there and asked if they might look around. Felix gave permission, and the police went to the basement, where they found illegal betting equipment. The equipment was clearly visible to anyone looking in the basement window from Kate and Ian’s backyard. After Ian was indicted for possession of illegal betting equipment, he brought a motion to suppress the evidence found in the basement. How should the court rule on the motion to suppress?
Read DetailsOn March 15, a police officer submitted an application for a…
On March 15, a police officer submitted an application for a warrant to search 342 Main Street for cocaine. In the application, the officer stated under oath that he believed there was cocaine at that location because of information supplied to him on the morning of March 15 by an informant. He described the informant as a cocaine user who had previously supplied accurate information concerning the use of cocaine in the community and summarized what the informant had told him as follows: the previous night, March 14, she was in the house at 342 Main Street. The occupant gave her cocaine. She also saw three cellophane bags containing cocaine in his bedroom. The warrant was issued and a search of 342 Main Street was conducted on March 15. The search turned up a quantity of marijuana but no cocaine. The occupant was arrested and charged with possession of marijuana. The occupant moved to suppress the use of the marijuana as evidence, contending that the informant was not in 342 Main Street on March 14 or at any other time. If, after hearing evidence, the judge concludes that the statement in the application attributed to the informant is incorrect, the judge should grant the motion to suppress:
Read DetailsNYPD suspected that Sam, a 16-year-old high school student,…
NYPD suspected that Sam, a 16-year-old high school student, had committed a series of burglaries. Officer Adam and Officer Clement went to Sam’s school and asked Patricia Principal to call Sam out of class and to search his backpack. While Officer Adam and Officer Clement waited, Patricia Principal took Sam into the hall and asked to look in the backpack. When Sam refused, Patricia Principal grabbed it, injuring Sam’s shoulder. In the backpack, Patricia Principal found jewelry, which she turned over to Officer Adam and Officer Clement. Officer Adam and Officer Clement believed that the jewelry had been taken in one of the burglaries. Officer Adam and Officer Clement arrested Sam, took him to the police station, and gave him Miranda warnings. Sam has been charged with the burglaries and moved to suppress the use of the jewelry as evidence. How should the court rule?
Read DetailsYour firm represents an individual who was injured in a car…
Your firm represents an individual who was injured in a car accident that occurred in Dallas County between your client, a resident of Harris County, and Defendant, a resident of Dallas County. The damages are expected to be well under $100,000. Your firm filed a lawsuit in Harris County District Court. Defendant filed a motion to transfer venue, a general denial, and removed the case to federal court. What discovery tools would be useful in digging deeper into defendant’s general denial? Identify two discovery tools that could be used to specifically identify what allegations defendant denies or contends are false.
Read DetailsAn attorney is permitted to ask the deponent questions in a…
An attorney is permitted to ask the deponent questions in a deposition even if the questions could not be asked at trial because they seek evidence that is not admissible so long as the questions are relevant to any party’s claim or defense.
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