Reference no: EM131574239

1} Fred is drunk and driving his dad's car. Fred is a 21 year old student at Columbia College. Fred rams into a parked car at 10th and Rogers. Thinking no one saw him, Fred moves his car and parks it on an adjacent lot. He sprints to his dorm room in Miller Hall. A neighbor saw the wreck and Fred running to the dorm. Police are called and they arrive ten minutes after the wreck. The officers see several empty beer cans and a bottle of tequila (half full) in the front seat. The tags are traced to Fred's dad, who is called by police. Dad says that Fred is a student at Columbia College. Police run Fred's record and determine that he has two prior DWIs within the past five years. The third DWI in 10 years is a felony. Police contact Columbia College security who leads them to Fred's dorm. Fred is passed out, so security lets them in. The officers smell intoxicants, give Fred some Field Sobriety tests (he fails) and confirm that he was driving the car. Fred is arrested for DWI. It is his third offense, a felony under Missouri law. Fred is given a breath test, which registers at .13 on the scale. During the processing of his arrest paperwork, the officers search Fred's possessions which he brought to the station, and a small quantity of cocaine is found in Fred's pocket. Fred is charged with DWI, leaving the scene, and possession of cocaine. What issues do you see? How should they be resolved?

2} Cole County deputies obtain a search warrant for Mike's trailer for controlled substances. The warrant was based upon information provided by an informant, some officer corroboration, and the fact that Mike has a past record for drug offenses. The deputies execute the warrant. As it turns out, Mike has no past record for drugs, the court clerk made an error. This means the warrant will be found lacking in probable cause by the appellate court. While executing the warrant, they observe large quantities of controlled substances, which they seize. While they are executing the warrant a man drives up and knocks on the door. The officers detain the man during the search. The dog accompanying the officers begins to bark at the man's trunk. The officers open the trunk and see large trash bags with a substance which smells and looks like marijuana. This man (Larry) is arrested for possession of marijuana. Mike is charged with possession of a controlled substance. Are the drugs admissible in Court against Mike? Why or why not? What about Larry's case, are the drugs admissible? Why or why not?