Criminal Procedure I
Professor Moskovitz
Midterm Exam
Wednesday, March 26, 2003
6:30 p.m. - 8:00p.m.

Instructions

1. You have one and 1/2 (1.5) hours to complete this exam.

2. This examination consists of two (2) pages containing these Instructions and one Essay Question.

3. This is a closed book exam.

4. The Essay Question is to be answered in the bluebooks provided, using every other line on one side of each page. If you are typing, use double spacing.

5. Write your exam number on your exam envelope, the bluebook(s) and any scrape paper 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 test materials to the exam envelope and submit it to the proctor. Do not seal the exam envelope.

Good Luck!



To: My Law Clerk
From: Bernie D'Attorney, Esq.

The San Francisco Grand Jury has indicted My client, Dan Dork (D), for assault and possession of marijuana. I have moved to suppress a steak fajita and the marijuana. Here is the transcript of the hearing on the motion to suppress. Please advise me how the court is likely to rule.

Transcript of Hearing on Dork's Motion to Suppress Evidence

Q: Officer Copp, why did you go to Mr. Dork's home?

A. At about 2 a.m. on a Sunday morning, just after the bars closed, I received a call from a man named John who said that his friend had just been badly beaten up by two other men who seemed to be drunk. They took his steak fajitas and hit him with a liquor bottle. The attackers drove off fast in a dark-colored car. John had been drinking, but he thought that the first two letters on the license plate were FU, ',but John did not get the rest of the plate. I checked with the Department of Motor Vehicles, and they showed three vehicles with first initials FU registered to owners in San Francisco. The owners were Al Able, Bob Baker, and Dan Dork. I knew that we had a cop 11n our department named Dan Dork. I checked our file on him. It showed that he had some disciplinary problems, including some drunkenness and minor assaults. It had his address as 1234 9 Avenue, so I went out there. I arrived at about 3 a.m.

Q: What happened then?

A: I parked on the street, right behind a maroon car With license number FUZZ99. I got out and felt the hood over the car's engine, and it was very warm. Just then a man came out of the house and saw my police car and then saw me. He came over to me and said, "What the hell are you doing?" I said, "Are you Officer Dork?" He said yes, and I told him he was under arrest for assault. I searched his pockets, and I found some marijuana in his jacket pocket. I took him to my police car and put him in. I smelled alcohol on his breath and saw that he had a fresh bandage on his knuckles. I said, "I'm going to take a quick look around." He said, "OK." I searched his car, and I found a steak fajita on the front seat.