Able is a veteran of the Vietnam war and began smoking marijuana as a way to cope with his horrible memories of his war experience. For the last year, he has been in a drug treatment program to help him deal with his psychological problems without marijuana. Ben is an undercover officer with the state Drug Enforcement Agency posing as a recovering drug addict. He approached Able after a group therapy session and related common war experiences with Able. Weeping, Ben said to Able that he just couldn’t get the pictures of his dead colleagues out of his mind. Ben then implored Able to help him obtain some weed just one last time and suggested the alternative might be a decision to take his own life. Moved by Ben’s anguish, Able left the rehab center and obtained a baggie of marijuana from his old supplier. At the next group therapy session, Able slipped Ben the baggie of marijuana and Ben arrested him on the spot. Assume that marijuana is illegal in this jurisdiction. If Able lives in a jurisdiction which follows the majority rule on entrapment, the court will focus on:

Philip is arrested and taken to the police station during an investigation into a series of car thefts that occurred in his neighborhood. The police interrogate Philip and he makes a statement, but unfortunately, the police never gave him a Miranda warning before or during the interrogation. Under what circumstances, might the state use Philip’s statements at trial?

Calvin flew from Orlando to LA and approached a uniformed police officer at the airport and told the officer that he had killed someone and wanted to talk to the officer about it. Calvin was then handcuffed and informed of his Miranda rights and driven to the police station. Calvin was once again Mirandized and said that he wanted to confess to murdering a girl nine months ago “after hearing voices in his head which ordered him either to kill the girl or to commit suicide.” He then described how he went about committing the murder. In his trial for murder, does Calvin’s statement violate the Due Process clause?

A Federal Grand Jury issued a subpoena to XXX Corp. in a case regarding the interstate sales of obscene materials. XXX Corporation is located in the state of Calizonia. The subpoena contained language demanding the production of all state tax returns for the last 3 years.  What would be the most effective objection in seeking to quash the subpoena?

Griffin was convicted of murder and appealed his case to the Calizonia Court of Appeals where he was denied relief. Griffin is an indigent appellant and seeks to appeal his case to the Calizonia Supreme Court. Griffin seeks a court order requiring the appointment of counsel for his case.  Is he likely to be successful?

After a late-night bar fight, Bartholomew is charged with assault with a deadly weapon. The police bring Bartholomew to court for his initial appearance. If Bartholomew asserts his right to counsel during this proceeding, can the police question Bartholomew without counsel in connection with another crime?

The United States Justice Department subpoenaed XYZ corp demanding all documents of the corporation and each and every subsidiary of the company located in the United States, Europe, and Asia relating to all transactions concerning all widgets manufactured by the company for the years 1985 to 2020.  If you are the counsel for the corporation, what objection to the subpoena would you raise?

Ben was indicted for narcotics violations. He obtained a lawyer, pled not guilty, and was released on bail. A codefendant, Carl, invited him to discuss the pending case in his car, which was parked on the street. Unknown to Ben, Carl had decided to cut a deal with the police and placed a listening device under the front seat of the vehicle. This enabled a nearby narcotics agent, Michael, to overhear the conversation. During the conversation between the two co-defendants, Ben made several incriminating statements that were later used against him at trial. Ben’s counsel seeks to have the statements made by his client excluded from the trial.  Will he be successful?

Jackson is charged with arson after a fire burns down a large office building. Jackson is asked whether or not he wants an attorney. He says no, but he sounds confused and doesn’t fully understand the question. Is Jackson’s waiver of his Sixth Amendment right to counsel legally effective?

Paul is indicted for perjury and is immediately placed under arrest. The next day Officer Johnson takes Paul to the interrogation room, Mirandized him, and asks him a series of questions about the perjury charges.  Under the Sixth Amendment, at what point did Paul’s right to counsel attach?