Criminal Procedure I – Professor Moskovitz Final Exam – Spring, 2005

PART II: ESSAY QUESTION

OUTLINE OF ISSUES

I. “Yes, he’s my lover.”

A. Fruit of unreasonable seizure?

1. “Seizure”? Yes: Command, uniform.

2. “Unreasonable”? Informant presumed underworld, unreliable, lousy basis of knowledge, no corroboration.

B. Fruit of Miranda violation?

1. “Custody”? Not from mere Terry stop. Berkemer.

2. “Interrogation”? Probably. Like Ferro.

II. “Yes, one with some pictures of some beautiful boys.”

A. Fruit of prior unreasonable stop? Attenuation? Time between tree & fruit was very brief, and stop led to C’s question which led to statement, so seems foreseeable.

B. Fruit of prior Miranda violation? No. Elstad.

C. Fruit of illegal arrest? Probable cause?

D. Fruit of new Miranda violation?

1. Did M waive rights? He understood right to counsel, but said nothing re right to silence.

2. Did M invoke right to counsel? “I guess I should. . . .” seems not clear invocation, like Davis.

III. Magazine

A. Fruit of prior unreasonable stop?

1. Attenuation? Time between tree & fruit was very brief, and stop led to C’s question which led to statement and magazine, so seems foreseeable.

2. But perhaps C would have inevitably discovered magazine during SIVA or search at police station.

B. Fruit of prior Miranda violation? No. Elstad.