MIDTERM EXAM — OUTLINE OF ISSUES

Wednesday, October 24, 2001, 5 p.m. to 6:15 p.m.

I. Marijuana

A. Fruit of unreasonable stop?

1. Were N’s words a “seizure”? Compare Mendenhall.

2. If so, did N have “reasonable suspicion”?

a. Informant?

i. Presumed unreliable, and no showing of reliability.

ii. Basis of knowledge? Compare Draper & Gates.

b. N’s own observations?

B. Fruit of unreasonable frisk?

1. Did frisk lead to marijuana?

2. Was frisk unreasonable? Did N have reasonable suspicion that D was armed & presently dangerous? (Are drug dealers often armed at night?)

C. Fruit of illegal arrest? Probable cause? Add D’s statement to above information and then compare totality with Gates.

D. Fruit of illegal search of bag?

Search OK under SIVA.

II. Cocaine

A. Fruit of prior illegal act?

B. Fruit of unreasonable search of luggage carrier?

1. SIVA?

a. Under Chimel?

b. Under Belton?

i. Was D “recent occupant”?

ii. Is luggage carrier like a trunk?

2. Auto exception? Did N have probable cause to believe evidence in luggage carrier?