FINAL EXAMINATION
CRIMINAL PROCEDURE
ROBERT CALHOUN
SPRING 2002

 

INSTRUCTIONS


This exam is closed book; no materials are allowed.

 This exam consists of three parts: Part I is to be answered on a separate parscore answer sheet. Part II is to be answered on this exam paper in the space provided. Part III is to be answered in blue books (or typed). If you answer Part III in a blue book, please write on every other line.

 Part I consists of 20 multiple choice questions on 10 pages. Each question is worth two points.

 Total for Part I: 40 Points
Part II consists of several short answer questions on 7 pages. These range in value from 3 to 7 points.

 Total for Part 11: 40 Points
Part III consists of one long essay question on 1 page, which is worth 40 points.

 Total for Part Ill: 40 Points
Please be sure to put your exam number on this exam paper, the answer sheet and your blue books.

 With regard to the essay question, deal with all issues raised -- even though you believe disposition of one is controlling.

 You have three (3) hours to answer this exam.

 GOOD LUCK!

 Turn in all questions, scratch paper, blue books and your multiple choice answer sheets after the conclusion of the exam.

 

 

 

Part III (40 Points)

The following essay should be answered in blue books or typed.

Michael Smith was jaywalking on Market Street in San Francisco when motorcycle police officer Paula Bell drove by and saw him. Officer Bell approached Smith and informed him that he had just violated a traffic ordinance and that he would be given a citation. Officer Bell asked Smith for identification. Smith said that he did not have any I.D. on him but that it was possible his wallet with all his I.D. was in his car, which was parked 10 feet away. Smith pointed to his car. "Possible?" said Bell. "I haven't got time to search all over the place to see if you have I.D. or not. Besides, this isn't the first time you've jaywalked here. If you don't have your I.D. on you, I'm taking you in. You're under arrest." (Jaywalking is an infraction, punishable by a fine only).

Prior to putting Smith in the parked car, Bell patted him down and felt a soft bulge in Smith's coat pocket. Bell was not sure what it was. She reached in and pulled out a plastic baggie containing what appeared to be an ounce of marijuana.

Bell handcuffed Smith and placed him in her patrol car. She then walked over to the car that Smith had pointed to. Using a key she had taken from Smith's pocket, Bell unlocked the car and then unlocked the glove compartment. Inside the glove compartment was a one kilo brick of marijuana. Bell seized it. She then looked. though a jacket on the front seat and found a wallet with Smith's drivers license and other identification.

Smith was taken down to the police station where he was allowed to make a phone call. He called his attorney, Horace Rumpole, and asked him to come down as quickly as possible. Officer Bell then took Smith into an interrogation room where she read his Miranda rights. Smith said, "I'll talk to you but I want to know the moment my attorney arrives." Bell proceeded to question Smith. At one point, another officer stepped in to tell Bell that Rumpole had arrived. Bell did not tell Smith. Several minutes later Smith admitted that all the marijuana was his. He also told Bell that he grew marijuana in a remote part of the Marin County hills. Bell drove to the place he described, which was miles from any habitation. The area was fenced with big signs, saying "Keep out. This means you." Bell climbed over the fence and found approximately 100 marijuana plants growing among the trees. She seized them.

Smith was charged with possession of marijuana for sale and cultivation of marijuana for sale. Prior to trial, Smith moved to suppress all evidence taken in violation of his constitutional rights. Discuss which, if any, of the evidence is suppressible and why.