CRIMINAL PROCEDURE I - Professor Moskovitz

Wednesday, October 16, 1996

To: My law clerk

From: Johnnie Crane, Esq.

My favorite client, O.J. Sampson, is in another spot of trouble. This time, he’s been charged with selling drugs. I filed a motion to suppress some marijuana and some cocaine the police found. Here’s a transcript of the hearing on my motion:

Q: Officer Copp, what drew your attention to Mr. Sampson?

A: I was patrolling my regular beat, which includes his home. One of his neighbors - Ms. Nosey - flagged me down. She said that she had recently been seeing a lot of people drive up to Sampson’s house and stop next to his white Ford Bronco. Sampson would look up and down the street, take a paper bag out of the Bronco and give it to the person, and then the person would hand him something small. Sampson then smiled and waved as the person drove off. Once, she was near enough to hear a person who drove up say to Sampson, "How good is the grass?" "Grass" is a slang word for marijuana.

Q: What did you do next?

A: I parked and walked to Sampson’s place. His Bronco was parked on his driveway, about 5 feet from the sidewalk, facing toward the house. I walked to the front windshield and looked in. On the front seat, I saw 6 or 7 paper bags. One of them was partly open, and I could see a green, leafy substance inside. I was about to go into the car and get the stuff, when Mr. Sampson came out of the house and over to me. He said, "Can I help you with anything, Officer?" I told him that he was under arrest. I handcuffed him and locked him in the back of my patrol car. Then I went back to the Bronco, opened the front door, and took the bag of leafy substance, which turned out to be marijuana. I also opened the glove compartment, where I found a plastic bag of cocaine.

Q: Before this incident, had you heard of Mr. Sampson?

A: Yes. I knew that a jury had acquitted him on two murder charges, but some of the jurors thought he was guilty, though not beyond a reasonable doubt. From what I’d read, I believed he was a criminal.

The judge took my motion under submission, and hasn’t decided it yet. Meanwhile, the prosecutor has offered to dismiss the charges if O.J. pleads guilty to disturbing the peace. If the judge is likely to deny my motion, I’ll take the deal. But if he’s going to grant my motion, there won’t be enough evidence to convict O.J. anyway, so I’ll reject the deal.

So, my question for you is: Will the judge grant my motion (or any part of it)?

CRIMINAL PROCEDURE I - Professor Moskovitz

Wednesday, October 16, 1996

OUTLINE OF ISSUES on MIDTERM EXAM

I. Marijuana

II. Cocaine