Exam #______________

Final Examination

CRIMINAL PROCEDURE I –

Professor Moskovitz

Spring, 2008




  1. You have three hours to complete this exam.


  1. This is a closed book exam.


  1. This exam consists of two parts.


Part I consists of multiple-choice questions. Please mark your responses to the multiple choice questions 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.


Part II consists of one (1) essay question. Please write your response in the blue books provided. Please write clearly. Write on every other line and every other page to permit instructor comments.


  1. 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.


  1. 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.






PART II: ESSAY QUESTION

50% of Grade


At 9 p.m. on a Saturday evening, San Francisco Police Officer Carl Copp (C) received a report that a 7-11 store had just been held up. He went to the store and spoke to the clerk. She told Copp that the robber was a white male, about 5'10" tall, with brown hair, wearing a black Giants baseball jacket and a red 49ers cap. She said that the man had pointed a handgun at her and demanded money, and she gave him $215 from the cash register. He had put the money into a 7-11 shopping bag and drove off in a black Honda sedan.


Copp left the store and drove to a nearby restaurant to get a hamburger. While walking from the store to the restaurant, he saw in the restaurant's parking lot a dark brown Honda sedan. Standing next to it were 2 men, one of whom was Dan Dean (D), whom Copp had never seen before. Dean was a white male, 6' tall, with black hair and beard, and he was wearing a black Giants baseball jacket. He wore no cap.


Copp went over to the car and looked through the rear window. On the back seat, he saw a red 49ers cap. Dean began to walk away from the car. Copp touched Dean on the arm and said, "Excuse me. Were you just driving this car?" Dean nodded and kept walking. Copp grabbed Dean by the arm, turned him around, and put Dean's hands on the roof of the car. He then patted down Dean's clothing. Copp felt a hard object in Dean's jacket pocket. Copp reached into the pocket and pulled out a small, flat cigarette case. Copp opened the cigarette case. Inside, he found a small plastic bag full of hashish.

Copp told Dean that he was under arrest. He then handcuffed Dean and put him in the police car.


Copp went back to the Honda and opened the trunk, which was unlocked. In the trunk he saw a briefcase. He opened it, and inside he found $215 in cash.


Dean is being prosecuted for armed robbery of the 7-11 store and possession of hashish. He moves to suppress (1) any testimony by Copp that he saw the 49ers cap in the back seat, (2) any testimony by Copp that Dean nodded in response to Copp's question, (3) the hashish, and (4) the $215 in cash. Should any part of the motion be granted?



HAVE A NICE SUMMER!!