Community College of Philadelphia

Criminal Evidence and Procedure

Name:_____________________________________

Please answer all questions on this paper.  Be sure to explain your answer in detail.  Answers that are not explained, will not receive credit.  For each of the scenarios, please use any of the cases we have covered.

The Missing T-Shirts

            The Stolen T-Shirt Task Force has just obtained a warrant for the recovery of 500 T-Shirts with the image of Dirty Carmen on them.  The warrant provides that the agents of the Task Force may go to:  345 Spring Garden and search for the 500 t-shirts.  Upon arriving at 435 Spring Garden Street the agents decide that rather than knock on the door, they are going to break down the door.  Upon breaking down the door, they discover the 500 t-shirts. 

1.  Explain all the issues with respect to the search in this case.  (15 points)

The Lost Dirty Claudia Tapes

            Assume the search in The Missing T-Shirts in the first scenario is valid for the purpose of this answer. 

Assume that while walking through the living room of the premises and recovering the t-shirts, one of the agents notices a VCR tape with a title, “The Nasty One.”  The agent recalls Dirty Claudia had suffered a burglary about six months ago and lost a VCR tape of herself that was of an embarrassing and very personal episode.  The officer retrieves the tape and takes it back to headquarters.  After playing it on a VCR, he discovers that Dirty Claudia is indeed on the tape, and it is indeed embarrassing and personal and pornographic.  This is stolen property and will be used to prosecute.

2.  Explain all the issues with respect to the search in this case. (20 points)

Itchy Carmen Takes a Fall

            Responding to a 911 call for immediate medical assistance, Officer Bob arrives at the home of Itchy Carmen, but no one answers the door.  After pounding on the door for 5 minutes, Officer Bob enters the home by opening the unlocked door and observes Itchy is unconscious on the floor.  Next to Itchy is a half-burned apple flavored Blunt (marijuana cigarette).  Officer Bob calls an ambulance and confiscates the blunt. 

After Itchy is taken to the hospital, Bob notices the temperature in Itchy’s home is quite high and decides to investigate further.  Walking to the thermostat which is mounted on the wall in the dining room, Bob notices the temperature is 98 degrees and that there is a bag of marijuana on a stand and that the heat is actually turned off.  Bob decides he will go into the basement to find the source of the heat and discovers Itchy is in the process of growing 500 marijuana plants and the heat he noticed is generated by a large battery of grow lights.

.            Itchy is charged with possession of the blunt, possession of the bag of marijuana and all the plants.

3.  Explain all the issues with respect to the search that discovered the blunt in this case. (15 points)

4.  Explain all the issues with respect to the search that discovered the bag of marijuana in this case.  (15 points)

5.  Explain all the issues with respect to the search that discovered the plants in the basement. (15 points)

On the Way to <舰ɉ툼춗瘡奀Ι䬀Ι>Cape May

Itchy, Claudia and BLoe, are going to the Jersey shore.  Itchy is the driver and her windows are tinted very darkly and Officer Roberta believes this may violate the motor vehicle code.  He stops her vehicle and upon approaching her vehicle, notices a Phillies Blunt (just a cheap cigar…..no unlawful substances) in the ashtray of the vehicle.  She produces her credentials.  Officer Bob uses the Window Tintmeter and it indicates her windows are within acceptable limits.  Officer Roberta then asks if anyone in the car has any narcotics in the car.

No one replies to the officer’s question, so he asks Itchy to step out of the vehicle.  As she steps from the vehicle, a small baggy of chiba (marijuana) falls from her pocket.  She is placed under arrest.

Looking into the back of the auto, Officer Roberta notices a large briefcase with Itchy’s name on it.  She removes the bag and looks in the open briefcase.  In the briefcase is ….yes, another bag of chiba (marijuana).  None of the three suspects admit owning the chiba, so all three are charged with possession of chiba.

6.  Evaluate the discovery of the bag of chiba that fell from Itchy’s pocket as she stepped from the vehicle.  (10 points)

7.  Evaluate the discovery of the chiba that was discovered in the briefcase.(assume that all earlier searches were valid for the purpose of this answer). (10 points)

Prepare your own scenario and answer it  (Extra credit)

Using either Illinois v. Caballes or Indiana v. Edmonds, prepare a scenario and answer it.  (15 points)