Blog

Case 8.2 Mayberry Police receive a 911 call in which an argument, with a woman screaming, can be heard in the background. What sounds like a violent struggle with breaking glass and a male voice screaming “no more cheating for you bitch” can be heard as the 911 dispatcher tries to get a response. The dispatcher relays this information to the patrol units dispatched to 123 Main Street. When police arrive on scene they find the door is locked but can see a female victim lying on the floor amidst broken furniture. Police force entry and find the victim lifeless. They also find a trail of blood leading to the back door. According to neighbors, the victim, Shannon Mathews, was recently separated from her husband and had only moved in a few months prior. The next door neighbor, Mary Hart, reports that she had witnessed a few heated arguments between the victim and her estranged husband in the driveway over the past few months. In fact after the last incident a week prior, the victim had asked Mrs. Hart to call the police if she saw her estranged husband at the house as she was in fear of him. A check of police dispatch records revealed two prior 911 calls from Mrs. Mathews about threats from Matt Mathews. Also in the system was an active domestic violence order of protection for the victim, baring contact from Matt Mathews. Matt Mathews is pulled over for speeding and is arrested for DWI by police in the adjacent town of Mount Pilot five minutes after the call to 123 Main. Mr. Mathews has fresh injuries including  scratches on his face and is highly agitated. While the officers are trying to conduct field sobriety tests, Matthews repeatedly mumbles “the bitch deserved it.” The motor vehicle stop and arrest are recorded on the police dash camera. Due to the active restraining order in the police data base, the accused’s fresh injuries and his statements, Mount Pilot Police contact Mayberry Police to conduct a welfare check on Mrs. Mathews. They are advised of the active murder investigation and asked to hold Mr. Mathews. ​ The medical examiner conducts an autopsy as well as forensic testing that reveals DNA evidence and blood other the victim’s on her clothing. During the investigation police find multiple threatening phone messages and texts from Matt Mathews on Mrs. Mathews’ cell phone. Police subpoena Mr. Mathews’ phone records as well. Mr. Mathews is ultimately charged with the murder of his estranged wife Shannon.The defense also attempts to block the testimony of Mount Pilot police regarding Mr. Mathews utterances during the recorded field sobriety test. Is this testimony hearsay?

A defendant is found in possession of a very large quantity of illegal drugs. It is permissible to draw the inference that the possession was _____.​

The privilege against self-incrimination, which includes the right of a defendant not to testify, is found in the _____ Amendment.​

Case 12.1 ​Police respond to an armed robbery call at a local deli. The store owner shows the video of the suspect with a gun, provides the direction the suspect fled and tells police that $375.00 in cash was taken.  The police spot the suspect fleeing on foot two blocks away and give chase. The suspect runs through a city park and is stopped near a playground. Officer Smith conducts a frisk of the suspect for the handgun but finds no gun. Officer Smith immediately asks the suspect “where’s the gun?” The suspect hesitates and Officer Smith says “Look, there a lot of little kids here; we don’t want one of them to find the gun and have a tragedy.” The suspect points to a garbage can near the playground and states “it’s in the can.” Another officer retrieves the gun. The suspect is then taken into custody, searched and brought to the police station where he is placed, handcuffed, in an interrogation room. He is provided a written copy of his Miranda warning and the warning is read to him.  The search of the suspect produces $ 450.00 in cash and a cell phone. ​ The suspect is questioned regarding the gun and the robbery. The detectives present the now-unloaded gun in an evidence bag, which the suspect identifies as the one he threw in the can. The suspect admits the gun is his, claiming he found it a week prior in an alley by his apartment.  He remains silent in response to questions regarding the robbery and states “I am not talking about anything else that happened today.” The suspect is then directed to stand in a lineup with five other persons. The store owner positively identifies the suspect. The suspect is charged with the armed robbery, unlawful possession of a weapon and possession of a weapon for unlawful purposes. ​Which of the following statements would not be required when the detectives were providing the suspect his Miranda warning?​

Under the Sixth Amendment, once a criminal proceeding has begun, defendants are entitled to an attorney at all critical stages.​

The dying declarations exception to the hearsay rule has been justified on the basis of public necessity. statements against penal interest.​

Case 8.1 Police respond to the scene of fight inside a local bar. The scene is chaotic with ambulance personnel attending to an unconscious male.  In the course of rendering aid to the victim, the victim and the victim’s clothing were removed from the scene. The victim’s clothing and personal effects are collected by an emergency room nurse at the hospital. ​ Police interview witnesses who report that the victim, Jeff Anderson, got into an  argument with another bar patron/accused for having several rounds of drinks put on the patrons tab. Witnesses also report that the patron/accused struck Mr. Anderson with a close fist and two then exchanged several punches with Mr. Anderson giving the patron/accused a bloody nose. The patron/accused then struck Mr. Anderson with a chair knocking him unconscious and fled the bar. ​ Police interview the bar owner who reports that accused became enraged after getting the $500.00 credit card receipt for his drink tab. The bar owner stated the “guy flipped out, nearly jumping over the bar when he saw the amount of his tab”. The bar owner reported that he pointed Mr. Anderson and said “go talk to your friend – he ordered three rounds for the bar on your tab.” Police ask for and receive copies of the credit card receipts for the accused, Dick Grayson. The investigating officer responds to the hospital and takes a statement from the victim who reports not knowing why he was attacked. While at the hospital the investigating officer asks if anyone had sought treatment for facial injuries from a fight. It is determined that Mr. Grayson had been seen and had reported to the registration nurse that his injuries were from “some guy sucker punching” him in a bar and had also stated “you should see the other guy.” Mr. Grayson is taken into custody and is being escorted out of the emergency room when he stops in front of room where the victim lying in a hospital bed being attended to by medical personnel he blurts out “I’m in so much trouble” and asks the officers “is he going to make it.”  Mr. Grayson charged with aggravated assault.At trial the defense attempts to block admission of the credit card transactions from the bar as hearsay. Are the records admissible?​

Case 12.2 ​A 16-year-old male suspect is detained and questioned by his school principal regarding drugs found in his school locker. The boy confesses to supplying small quantities of drugs to a few friends. The boy and the drugs are turned over to juvenile detectives. The principal advises the juvenile detectives of the boy’s confession. The detectives transport the juvenile to the police station where he is placed in a juvenile interview room. The detectives are familiar with the juvenile as he has two prior arrests for theft. The detectives attempt to reach the juvenile’s parents without success. The juvenile detectives provide the boy with his Miranda warning which he indicates that he understands. He is then questioned regarding the drugs and from whom he has been obtaining the drugs to sell at school. The juvenile repeats his previous confession he gave to the principal. He remains silent in response to questions regarding who his supplier is stating “I’m not a snitch. I am not talking about anyone else.” The detectives then advise him that another high school student overdosed and died from the same drugs he was dealing. He stops speaking other than to repeatedly ask to speak with his parents. The boy’s parents arrive at headquarters three hours later and tell him not to answer any more questions. The suspect is charged on juvenile delinquency complaints for the possession and distribution of drugs on school property. He is released to his parents pending his court appearance.Suppose four detectives continue to question the juvenile even after his repeated requests to speak with his parents.  He is kept from his parents in excess of 12 hours, and denied a break from questioning. The detectives tell him that they have enough evidence to charge him for the death of the other student and unless he confesses he will go directly to jail and not see his parents. The continued pressure results in his confession, implicating him in the death of an overdosed high school student. Would the juvenile’s confession be considered voluntary?

Enterprises involving liquor, firearms, coal mining, pharmacies, and taverns are among those deemed to be “closely regulated businesses.”

Case 11.1 Janet is a successful Colorado entrepreneur and has recently decided to open a recreational marijuana sales business in Denver, “High and Mighty.” The state and county require operators of such businesses to acquire a license, hold a public meeting coordinated with the local and state license board, and other special procedures for this new and highly regulated enterprise.  One holiday weekend, Detective Jones stops in and informs Janet that he is conducting a surprise inspection of the business to determine if Janet is complying with state record-keeping laws and other rules ensuring that minors are not being permitted to purchase the recreational marijuana. Janet has never been the subject of such a search and is concerned the detective’s presence will scare away customers. There are 20 customers in line, waiting to purchase recreational marijuana. Detective Jones enters the store over Janet’s objection and despite her request that he produce a search warrant.  He enters her office and reviews her paperwork relevant to state record-keeping laws. He notes several irregularities and documents them. When Detective Jones returns to the sales area, he finds that Janet and her staff have continued to serve customers while he was in the office. Detective Jones checks the ID of several people who have made purchases and finds that two of them are under age under state law to purchase marijuana. While Detective Jones is checking IDs, one of the patrons (Bobby) waiting to buy marijuana says, “Man, I can’t believe this guy is giving us such a hard time. What a bummer!” Detective Jones directs this man to empty his pockets on a nearby table and finds he has cocaine.  Detective Jones arrests Bobby for possession of cocaine, cites Janet for violating state law for poor record-keeping and charges her with providing marijuana to underage patrons.If Janet chose to challenge the search, which amendment would she invoke?