INSTRUCTIONS

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

Total for Part I: 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!

Part III ( 40 points)

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

* * * * * *

Caroline Jones, using a radio scanner bought at Radio Shack, repeatedly monitored cordless telephone conversations of her neighbors, Bill and Alice Harford.  In some of these conversations Bill and Alice discussed the sale of marijuana with people who called their home.  Jones called the local police station to report what she heard.

Based on this tip from Jones, Officer Kellogg, of the local police department, drove out to visit the Harford home.  He went up to the front door and knocked.  A woman holding a young child opened the door.  Kellogg explained why he was there, including the information he had received from Jones.  The woman said the Harfords were out for the evening and that she was babysitting but that Officer Kellogg could come in "for a few minutes."

Officer Kellogg entered the home and continued to talk to the baby sitter.  As he did, he noticed in the corner of the living room a work area that had a set of scales, hundreds of plastic baggies, and what looked like leafy green vegetable matter residue on the table.  He started toward the table when he noticed a pager on a desk.  Picking it up he asked, "Whose is this?" The baby sitter said, "Bill's, I think."  Kellogg then pressed a button on the pager, accessing its memory, which had recorded the last five numbers to have dialed the pager.  Kellogg copied the numbers down.

Kellogg returned to his office where he checked the phone numbers against police narcotics files and found that three of the five numbers were assigned to the homes of suspected drug users.

Based upon all the above information, Kellogg returned to the Harford home to arrest the Harfords on suspicion of drug trafficking.  As he arrived at the Harford home he saw Alice and Bill Harford pulling into the driveway in their car.  Kellogg arrested them as they were walking toward the front door.  Kellogg removed the car keys from Bill Harford's pocket and opened the trunk of the car.  Inside he found 25 one ounce baggies of marijuana.

He placed both defendants in the back of his patrol car and gave them their Miranda warnings.  Alice said, "I don't want to talk to you."  Bill didn't say anything to Kellogg but turned to Alice and said, "Don't worry; I'll call our lawyer."  Kellogg didn't say anything else to the suspects.

One hour later, down at the police station, Sergeant McKelvey (the head of the narcotic squad) took Alice to an interrogation room.  He gave her a new set of Miranda warnings and asked if she wished to speak with him.  Alice said, "Oh, I guess I might as well talk."  She then admitted that she and her husband had been dealing in marijuana ever since they fell behind in their mortgage payments.

Both Harfords were then charged with possession of marijuana with the intent to sell. 

Prior to trial Bill and Alice move to suppress all evidence taken in violation of their constitutional rights. Discuss which, if any, of the evidence is  suppressible and why.