CRIMINAL PROCEDURE I
Professor Calhoun
FINAL - Fall 2000
Part III ( 40 points)
The following essay should be answered in blue books or typed.
* * * * *
An anonymous caller phoned the police station to say that there was a white male dressed in a
black T-shirt, tan pants and a white straw hat standing on the corner of Lombard and Van Ness
Streets selling crack cocaine. Police officers Kramer and Costanza went to that corner and saw Niles
Crane standing on the corner. He was dressed in a black T-shirt, tan pants and a white straw hat. He
was talking to another individual as the police approached. When the other individual walked away,
Kramer and Costanza approached Crane and said, "We hear you're dealing crack here."
Officer Kramer said, "Then empty your pockets."
Crane reached into his pants pockets and pulled out some loose change and keys. Nestled
among the change was a small powdery white rock in a small glassine envelope which Kramer
recognized to be rock cocaine. He seized the rock. He proceeded to search Crane and found no
other drugs.
He then arrested Crane for possession of a controlled substance. As he was putting cuffs on
Crane, Kramer said, "Where do you keep your stash?"
Crane nodded toward a black Lexus parked about 50 yards down the street and said, "In my
brother's car."
Kramer pointed at the Lexus and said, "Is that it?"
Crane said "yes."
Kramer opened the Lexus and searched through it. He found 10 more rocks of cocaine and
$240 in $20 bills in a pocket of a sports jacket that was in the back seat of the Lexus.
On the ride down to the police station, Kramer gave Crane his Miranda warnings.
Crane said, "My attorney told me not to say anything."
Kramer asked no further questions.
Three hours later (after booking), the precinct captain came to Crane's cell. He gave Crane a
new set of Miranda warnings, explaining that he would like to talk to Crane about drug dealing.
Crane waived his Miranda rights and proceeded to admit that he was a drug dealer and that
all the drugs they discovered were his.
Crane was charged with possession of a controlled substance with intent to sell.
Prior to trial Crane moves-to suppress all evidence taken in violation of his constitutional
rights. Discuss which, if any, of the evidence is suppressible and why.