Usetutoringspotscode to get 8% OFF on your first order!

  • time icon24/7 online - support@tutoringspots.com
  • phone icon1-316-444-1378 or 44-141-628-6690
  • login iconLogin

Constitutional Criminal Procedure

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.

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

You can leave a response, or trackback from your own site.

Leave a Reply

Powered by WordPress | Designed by: Premium WordPress Themes | Thanks to Themes Gallery, Bromoney and Wordpress Themes