Reference no: EM133764834

Assignment: Search & Seizure & Charges in the State of Maryland

Facts: Acting on a tip from a government informant, agents from the Federal Bureau of Investigation (FBI) sought a warrant from a Federal magistrate to search the property of Garland Fold, a farmer on the Maryland Eastern Shore. The informant told the FBI that Garland Freehold and his brother, Bruce Freehold, were running an international stolen car operation. Specific car models were being targeted on the streets of Baltimore, Washington DC, Wilmington and Philadelphia. The cars were transported to the Garland farm where they were prepped and loaded in storage containers, then trucked to the Port of Baltimore for shipping to Cuba and China. The informant told the FBI that Garland was storing the cars in a barn on his farm. He even provided a photograph.

The agents obtained a warrant to search the barn on Fold's property for stolen cars or evidence that stolen cars had been stored there.

The FBI assigned four agents to execute the search warrant. When the agents arrived at the Freehold farm to execute the search warrant, they found only one building on the farm only about 50 feet from the roadway gate. There was no one on the property that the agents could see. One of the agents took a picture of it.

Forcing their way into the building the agents did not find any vehicles, tools, car parts or accessories. Instead what they found was rows and rows of bunk beds, and bedding. "This looks like a scout camp." one of the agents remarked, "except there are no lavatories or kitchens or food supplies." To document what they found, the supervising agent took a cell phone picture.

As they were leaving the Freehold property they were met at the gate by a group of approximately seventy men, women and children, all walking in a line. Using a language app on his phone, one of the agents asked the apparent leader of the group who they were and where they were going. The only response she received was. "The man on the bus said walk to that place." and pointed at the structure the agents had just searched. No one in the group had any personal identification.

As the agents continued to ask questions, a pickup truck approached the scene, stopped, made a u-turn, and sped off. Curious, two of the agents pursued the truck, stopped it, and learned that the driver was Garland Freehold. They placed him under arrest. The agents gave Garland a Miranda warning, but in the questioning, Garland admitted nothing and insisted he speak with his attorney.

Instructions:

Prepare the legal analysis that addresses the following:

I. Identify and explain the crimes (no more than four) that are potentially applicable to Garland Freehold's case.

II. Analyze in detail and discuss Garland's defense counsels' arguments that evidence found by the agents should be suppressed; why or why not.

III. Analyze whether the defendant, Garland, will likely be convicted of any crimes enumerated in item #1; why or why not.