Criminal Procedure - Professor Moskovitz

Final examination - December 13, 2001 - 6:30 to 8:30 p.m.

PART II: ESSAY QUESTION
Recommended time for this Part: 60 to 75 minutes

Byron Berkovitz (B) and Roger Hartburn (H) have been charged with conspiracy to sell marijuana. Each moved to suppress certain evidence. At the hearing on the motion to suppress, police officer Copp testified as follows:

A student at a local private law school told me that a professor was selling illegal drugs to students. I decided to check it out. I went to the law school and found the area where professors have their offices. One had Professor Hartburn's name on it. I knocked on the door. No one answered, so I opened the door and went in.

I saw Professor Berkovitz at Hartburn's desk holding a clear plastic baggie that I could see contained marijuana leaves.  I arrested him and told him his Miranda rights.*  He said, "I know that stuff. I teach it."  Just then Hartburn came in.  He said, "Don't tell him anything, Berkovitz."  Berkovitz looked at me and said, "OK."  I picked up the bag of marijuana, looked at it for a moment, and started to put it in my pocket to take to the police station.  Berkovitz said, "That marijuana is Hartburn's.  I came into his office just to borrow a book. I don't sell it for him very often."  Hartburn said, "That's baloney. I don't sell drugs. Go check my car."  I went to Hartburn's car, opened the door, and saw on the front seat a note that read, "Hartburn: It's your turn tonight to sell dope to the night students."  It was signed by Berkovitz.

Berkovitz moves to suppress the marijuana, his statement ("I don't sell it for him very often"), and the note. Hartburn moves to suppress the marijuana and the note. How should the court rule?

* Assume that these warnings were correctly stated.

Have a Nice Holiday!