CRIMINAL PROCEDURE I
Professor Moskovitz
Final Examination – May 7, 2003

General Instructions

Part I: Objective Questions: This section is worth 50% of your grade. Mark the best answer under federal constitutional law on the ParScore answer sheet provided to you. You will receive one point for each correct answer. Be sure to read each question carefully. Assume that the facts stated in the question are all of the facts that apply to the question. (For example, if the facts do not say that Copp told Dan his Miranda rights, then assume that Copp did not tell Dan his Miranda rights.)

Part II: Essay Question: This section is worth 50% of your grade. Please answer in the blue book(s) provided to you. Make sure to double space your work (written or typed) and use only one side of the page.

Allocate your time as you wish.

PART II: ESSAY QUESTION

I was driving along Howard Street at 11:30 on a Saturday night when I saw a man and a woman leave a nightclub. I’d read a newspaper article about some illegal drug use at the club, so I told them to stop. They did, and I searched the woman’s purse. Inside the purse was a small transparent vial containing a white powder. From my training, I recognized the powder as cocaine. The man— who turned out to be Mr. Dork — looked into the purse at the vial and said, “Leave her alone. It’s my dope.” I then arrested him and told him his Miranda rights.* He said, “Maybe I shouldn’t say anything.” I drove him to the police station. On the way, I said, “That club is pretty noisy.” He said, “That’s because most of us were high on cocaine.”