Community College of Philadelphia
Criminal
Evidence and Procedure
For Thursday, October 27th
We
are doing a remote session on Thursday; that is, we will not hold a live class. You are to go to the blog and complete the exercises there by 5 p.m. on Thursday.
Trooper CCP and a “car” stop
Prepare
answers to the numbered portions of this scenario. To help in answering this scenario,
you will also probably use Maryland v. Pringle and Maryland v. Wilson from the handouts section.
For each of the bracketed issues [1-6], explain the search and seizure issues (explain means
to detail your analysis, connect it to cases or issues). There are six issues
to address and at the end you need to prepare the affidavit for a search warrant of the mobile home in this case. These will only be collected at class at 9:30 on Tuesday, November 1, 2005. If you do not attend class this assignment must be
emailed before 9:30, late assignments will not be accepted.
I. The Story
A
radio transmission is received from Trooper CCP, a member of the Pennsylvania State Police, as follows:
“Corner
of 17th and Spring Garden Street, observe a 27’ mobile home traveling at 20 mph. Vehicle
tie-dyed in color with three bumper stickers:
“Chiba is my friend,” “Bong
for your health,” and “I plead the need for weed.”
Am
now making car-stop and engaging overheads. The vehicle is pulling to the curb.”
[1]
Upon
approaching the driver’s compartment, Trooper CCP notes many Phillies Blunt wrappers throughout the driver’s area. Bob Marley’s greatest hits is playing very loudly and Trooper must shout to
make himself heard.
The
driver responds to the request for license and registration and they are all in order…..in a first for Philadelphia, the vehicle is actually
insured.
There
are three people in the passenger in the driver’s compartment and the other two non-drivers continue to sing along with
the Bob Marley songs.
Trooper
decides to ask all the occupants to get out of the vehicle and as they he do so, he observes a bong (narcotics paraphernalia)
in the seat which the passenger #1 was sitting upon. He is placed under arrest.
[2]
Trooper
now decides to pat-down driver and passenger #2 and notices a handgun in the waistband of driver [3] and after feeling around,
notices a Phillies Blunt (loaded with marijuana) in the pocket of passenger #2. Assume
all police action that has happened before has been legal in answering question [4].
Assume,
for the purpose of this exercise, that the arrests of the three individuals are valid. Trooper
now realizes the Bob Marley music was not actually coming from the passenger compartment of the mobile home, but rather the
“home” portion. Securing his three prisoners, he first searches the
passenger compartment and discovers more marijuana. Now he knocks on the door
of the mobile home and is greeted by Anita Chiba. Trooper asks if he may come
in and Anita says, I would like to let you in, but I am watching Springer. Trooper
decides to arrest the occupant of the home pursuant to Maryland v. Pringle. [5]
Assume
Trooper calls in to headquarters instead of arresting the mobile home occupant, you are asked to advise him what to do: Can he search the mobile home portion of the vehicle without a warrant? [6]
II The Warrant
Trooper
has decided to seek a warrant. Prepare a warrant application using the guidelines
for warrant application form in the handouts section of the course webpage.
This is your first warrant application, so do not exceed more than one page.
