FINAL EXAMINATION
CRIMINAL PROCEDURE
PETER KEANE
SUMMER 2006
INSTRUCTIONS
1.
You have a total of three (3) hours to complete this examination.
2.
This is a closed book exam. No outside materials are allowed.
3.
The exam consists of three parts. Part One is a section of 20 multiple-choice
questions. Parts Two and Three are each
essay questions. Each of the three parts
to this exam is worth 1/3 of the total grade.
I suggest you budget your time to
devote one hour, and no more, to each of the three parts.
4.
Please be sure to allow some of the above suggested times
to think, organize and outline your answers before you begin writing your
essays. Use the blue books
provided. Write only on the right hand
side of the page (skipping a page each time) and double-space your work. Please write legibly.
5.
Write your exam number on your exam envelope, at the top of
this page and every page of questions thereafter, the ParSCORE test form, and
each blue book you use. Do not use your name, student ID number or Social Security number
on any exam materials.
6.
At the conclusion of the exam, return all exam materials to
the exam envelope and submit it to the proctor.
Please do not seal the envelope.
Students who do not return all exam materials at the end of the exam may
not be graded.
Good luck!
Part Two
Essay Question
(One Hour)
Gloria,
Angela and Suzie are partners dealing in stolen large screen television
sets. Police officers receive an
anonymous letter saying that Suzie’s house contains “stolen big TV sets.” The officers submit an affidavit to a judge
falsely stating that the information comes from a known, reliable, citizen
informant and also stating a number of other false facts saying that they have
corroborated the informant’s information.
The judge issues the warrant and the officers go to Suzie’s house, knock
on the door and are met by Teresa, a part-time cleaning woman who says Suzie is
out. They do not mention the warrant,
but instead ask Teresa if they can search the house. Teresa says, “Okay with me.” They find stolen TVs in a garage behind the
house and letters in a file cabinet that prove Gloria, Angela and Suzie are
dealing in stolen goods.
Leaving
the house, an officer notices Gloria, whom he does not know, walking on the
other side of the street. The officer
believes that she “looked over at him nervously.” He goes over and says he wants to talk to
her. When Gloria says “No” and keeps
walking, he says, “Stay here.” Gloria
stops; the officer approaches her, pats her outer clothing and feels a
gun. He reaches into her pocket, takes
the gun and arrests her. A search of a
briefcase she is carrying turns up more evidence incriminating the three women.
An
arrest warrant is obtained for Angela, whom the police have probable cause to
believe is staying at Gloria’s house.
They enter Gloria’s house without knocking and arrest Angela. In a “protective sweep” of the house after
they handcuff Angela, they notice papers relating to stolen televisions lying
on top of a desk. They seize the
letters. Angela asks, “Can I get my cell
phone out of my car? It is parked
outside. I have to tell my babysitter I
won’t be home.” An officer says no. He goes to the car, searches it and finds
more incriminating evidence in the trunk.
Discuss
all issues that will be raised in prosecuting the three women. State how those issues will be resolved and
why.
Part Three
Essay Question
(One Hour)
Lucy
and Natasha electronically steal George W. Bush’s credit card information and
Social Security number. They purchase a
number of items and sell them. Lucy is
subpoenaed to a grand jury, given immunity and admits the crimes. The next day, federal agents show photographs
of Lucy to storeowners and they identify her as having purchased items with
Bush’s credit cards. Lucy is arrested,
placed in a lineup and identified by other storeowners.
Lucy
is charged with theft and released on bail.
Several days later, FBI agents come to her house and ask her if they can
speak with her about a murder, unrelated to the theft charges. She agrees.
They give her Miranda warnings, which she waives, and Lucy confesses to
the murder. She also turns over a gun
used in the killing.
Natasha
is arrested and interrogated. She asks
for a lawyer and the interrogation stops.
That evening in her jail cell, Natasha tells a guard, “I should have
talked to those guys.” The guard calls
the agents who return and give her Miranda warnings and interrogate her. She confesses to the theft and the murder and
also tells them they can find Bush’s credit cards buried in a park. Natasha is then placed in a lineup with four
considerably older women and several storeowners also identify her as having
made purchases.
Lucy
and Natasha appear in court and the judge asks them if they want lawyers. Lucy says, “Yes.” Natasha says, “I hate lawyers.” The judge appoints a lawyer for Lucy and says
Natasha can represent herself. In the
trial, Lucy testifies, denies guilt and says she knows nothing about the gun
used in the murder. Natasha testifies,
denies guilt and says she knows nothing about the credit cards found buried in
the park. Lucy’s lawyer sleeps through
the entire trial.
Both
women are convicted. They both raise all
issues on appeal, but Lucy does not complain about her lawyer on the
appeal. Later, in a habeas corpus
action, Lucy alleges ineffective assistance of counsel and asks the court to
appoint a lawyer to represent her on this claim.
Discuss
all issues raised by these facts. State
how these issues should be resolved and why.