1. You have one (1) hour and forty-five (45) minutes for this exam. You may allocate your time as you wish.

2. This is a closed book exam.

3. There are 2 parts to this exam:

a) PART 1 consists of 22 objective questions. This segment is worth 30 points. Correct objective answers are to be marked on the separate “ParSCORE TEST FORM” using pen or pencil and following the instructions on that form. If you change your answer, place a clear X through the wrong answer and mark the correct answer. A machine will score the exam and any ambiguities will be counted as a wrong answer.

b) PART 2 consists of one (1) essay question. This segment is worth 30 points.

4. Write your exam number on your exam envelope. Put your correct class section and student exam # at the top of this page, each page of questions, each blue book, and the “ParSCORE TEST FORM.” Do not use your name, student ID number or Social Security Number on any exam materials.

5. Please answer these questions in the blue books provided to you. Write only on the right hand side of the page (skipping a page each time) and double-space your work. Please write clearly.

6. At the conclusion of the exam, return all test materials, including blue books, ParScore answer sheet, scratch paper, and this exam packet to the envelope and submit it to the proctor. 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 II: ESSAY QUESTION
30 Points

To: My Law Clerk
From: Rhoda Ruin, Esq.
Re: U.S. v. Barns

My client, Billie Barns (B), has been indicted for possession of unprescibed steroids. I obtained a copy of the grand jury testimony of U.S. Drug Enforcement Agency Agent Nick Nark (N), which reads as follows:

The grand jury has been investigating allegations of steroid use by major league baseball players. One witness, Mr. Count (C), testified that he administered steroids to Billie Barns, who plays for the San Francisco Giants. So I went over to SBC Park in San Francisco, where the Giants were playing a night game against the Dodgers. I found Barns’ car parked outside the stadium, and I looked in the glove compartment, where I found steroids. Just then, Barns appeared. He said, “What are you doing in my car?” I showed him the steroids and said, “Looks like you just struck out, Billie. You’re under arrest.” I handcuffed him and put him in my car and started driving. He said, “OK, I use that stuff. At my age, I need all the help I can get.” I said, “Before you say any more, I’d better tell you your Miranda rights”, which I did.* Barns said, “I probably should call one of my hot shot lawyers. For what I pay them, they should do some work.” I said, “That’s up to you, Billie, but you’re the one who knows what happened.” He said, “My teammate J.T. was bringing me some more today. There’s his Ford Mustang over there.” I went over to the Mustang and found some more steroids in the trunk.”

I have filed a motion to suppress the steroids found in Barns’ car, Barns’ statements (“OK, I use that stuff” and “My teammate J.T. was bringing me some more today”), and the steroids found in the trunk of J.T’s Mustang. Will the court grant my motion?

* Assume Nark correctly stated the Miranda warnings.

Note: This story is pure fiction. Any resemblance to any real person is a coincidence.

END OF EXAM
Have a nice summer!