Criminal Procedure, Professor Moskovitz, Spring 2001 Final Exam

OUTLINE OF ISSUES

I. “I gave it to my partner”

A. Fruit of illegal stop?

1. Did C have reasonable suspicion? #2

2. Attenuation? #1

B. Fruit of Miranda violation?

1. “Custody”? Compare Berkemer. #2

2. Interrogation? Compare Ferro. #2

II. The credit card

A. Fruit of illegal stop? Attenuation? Apply Brown factors. #2

B. Fruit of Miranda violation? No. Elstad. #1

C. Fruit of illegal arrest? No. C had p.c. #1

III. “That credit card was in the purse”

A. Fruit of illegal stop? Attenuation? Compare Wong Sun. #3

B. Fruit of Miranda violation?

1. Did D waive right to silence? Doesn’t seem so. #2

2. Was statement the fruit of interrogation by C? Seems so. #2