Should the marijuana be considered admissible at trial

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Reference no: EM133286596

Step 1:  Read Scenario #1 and prepare an essay that answers the question(s) that follow:     

SCENARIO #1:  

The First Amendment to the U.S. Constitution provides that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." Given what you have read so far, is the First Amendment relevant to criminal procedure?

Step 2:  Read Scenario #2 and prepare an essay that answers the question(s) that follow:

SCENARIO #2:  

Suspecting that people were storing marijuana in a warehouse, several police officers entered the building without obtaining a warrant to do so. (Later, they argued that they had suspected that evidence would be destroyed or that the people would escape if they had waited to obtain a warrant.) In fact, the search revealed bales of marijuana but no people. The police then applied for a warrant to search the building, deliberately failing to mention their previous search. The warrant was granted, the search was conducted, and the police "discovered" the marijuana. Should the marijuana be considered admissible at trial?

Step 3: Read Scenario write an essay    

SCENARIO #3:

In a recent Supreme Court case,  Wilson v.  Layne , the Supreme Court considered (1) whether law enforcement officers violated the Fourth Amendment by allowing members of the media to accompany them on the service of warrants and (2) whether the officers were nonetheless entitled to qualified immunity if such activity violates the Fourth Amendment. The Court decided that "a media 'ride-along' in a home violates the Fourth Amendment, but because the state of the law was not clearly established at the time the entry in this case took place, respondent officers are entitled to qualified immunity."  Do you see any problems with this decision?

Step 4: Read Scenario #4 and prepare an essay that answers the question(s) that follow:      

SCENARIO #4:  

Here are some facts from an actual case:  . . . a Gulf service station in North Braddock, Pennsylvania, was robbed by two men, each of whom carried and displayed a gun. The robbers took the currency from the cash register; the service station attendant, one Stephen Kovacich, was directed to place the coins in his right-hand glove, which was then taken by the robbers. Two teenagers, who had earlier noticed a blue compact station wagon circling the block in the vicinity of the Gulf station, then saw the station wagon speed away from a parking lot close to the Gulf station. About the same time, they learned that the Gulf station had been robbed. They reported to police, who arrived immediately, that four men were in the station wagon and one was wearing a green sweater. Kovacich told the police that one of the men who robbed him was wearing a green sweater and the other was wearing a trench coat. A description of the car and the two robbers was broadcast over the police radio.

A vehicle fitting the description was stopped. The occupants were arrested and the car was driven to the police station and searched. Was the stop justified? In other words, did the officers have probable cause to arrest the occupants of the car?

Reference no: EM133286596

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