WILLIAM MITCHELL COLLEGE OF LAW FINAL EXAMINATION CONSTITUTIONAL CRIMINAL PROCEDURES Professor Peter Erlinder Thursday, July 16, 1998 6:30 p.m. - 9:30 p.m. (3 Hours) Room 223

TYPING AREA: If you are going to type your examination, the typing area is located in Room 230. You must return the exam to this room at the conclusion of the exam period.

Defendant Martin was serving as a sergeant in the Howard County Police Department. Following N=s report that she had been assaulted after accepting a ride in defendant=s police cruiser, officers conducted a warrantless search of the defendant=s police cruiser and discovered a flashlight allegedly used in the assault and a gym bag with a combination lock. Police cut open the bag and discovered that it contained clothing that tied Martin to the offense.

Pursuant to standard procedures Martin had use of the police vehicle for off-duty and on-duty purposes. He was allowed to keep the vehicle at home and to keep personal effects in the vehicle. He was not allowed to take the vehicle out of the county without permission of a supervisor. He was also required to be armed and in Aproper attire@ whenever he was using the vehicle. It was inspected monthly by Supervisor Snitch.

Police went to Martin=s house and were met at the door by Martin=s adult daughter, who lived in another town and was visiting for the afternoon. The daughter says that Police stated that they had a warrant for Martin=s arrest. Police reports indicate that the daughter let them in. When they approached Martin in the garage, which was located 100 feet behind the house, they had their guns drawn and ordered him to stop. Rather than stopping, he got into the car and fled.

After a 15 minute chase through city streets, Martin crashed into a guard-rail and was conscious, but was seriously injured. Police transported Martin to the hospital. During the ride, his best friend on the force, Supervisor Snitch, asked him if he Awanted to say anything before he died.@ Supervisor Snitch said that Martin made an incriminating statement. N was brought to Martin=s hospital bed the next day at which time she said that she was almost Acertain@ that Martin was the officer who assaulted her.

Martin claims that he is being set up by Officer Snitch and that he doesn=t know how the items got into the car. N has said she is no longer certain of her identification.

You have been asked to write a memo for the prosecution discussing the constitutional issues likely to be raised by the defense, the likely outcome and the impact that the resolution of these issues will have on the government=s case.

An anonymous 911 tip provided police with information that a heavy-set man in black pants, leather coat and sweatshirt was selling, drugs on a corner that police recognized as a corner that fit the Adrug corner profile@ and that the drugs were being stored at his home. When they arrived at the corner in a marked vehicle they saw a man fitting the description perfectly. The man made eye contact with one of the officers and casually walked over to a parked car, and leaned in as if to speak to the occupants. As the officers approached with guns drawn, they observed a Abulge@ under the jacket.

Police ordered the person, Bob, to Astand still and put his hands on the car.@ They patted down the individual=s exterior clothing and felt what the officer stated was an Aunusually large folded wad that I immediately recognized as cash associated with drug dealing.@ They reached into the pocket and pulled out a roll of bills. They opened the roll and discovered a very small wooden container at the center. Police opened the container and found what appeared to be marijuana. They tested a small amount in the bowl of the officer=s pipe and discovered it was, in fact, a controlled substance.

Based upon the tip and locating the contraband, police swore out a search warrant for the home. It was signed by the judge=s clerk, pursuant to standard procedure, and was served at 4:00 AM by means of a battering ram that shattered the front door. Bill was in the house waiting for Bob to return home. He had been admitted by Bob=s brother who also lived in the house. The warrant was almost entirely pre-printed with blanks that were filled in with averments that the informant was Areliable@ and was known to associate with drug dealers.

The search of the home lasted for 8 hours and turned up firearms and drug paraphernalia. While waiting for DEA agents, police viewed several videotapes that showed sex acts between Martin, Brother and Bill that are illegal in Georgia, and marijuana use. The DEA agents viewed the evidence that local police had already viewed and seized the videotapes. Bill and Brother were held for the entire time of the search.

Bob, Bill and Brother have all been charged with illegal sex acts and possession of drugs. Discuss the Fourth Amendment issues.

A three week investigation into possible terrorist activity at 5155 Penway culminated in surveillance of the premises. Police had received reliable information from a confidential source in the United States State Department that unnamed persons at the above address were involved in terrorist activity related to supplying Amaterial aid@ to Aknown terrorist organizations.@ Surveillance revealed that several individuals of Aapparent middle-eastern persuasion@ who fit a profile for terrorist supporters were seen coming and going from that address carrying books and other educational materials. In addition, an electronic monitoring device was placed on a car of one of the individuals, Ronni, who was found to be making repeated trips to several local post

offices.

Police were in communication with another officer who was typing an application for a warrant to search the premises. After the surveillance began, Patricia left the house and drove away in an automobile. Police stopped the car, removed her from the car, and searched her purse, where they found a handgun, a large amount of cash, a variety of pencils, paper and other school supplies, and what they describe as a list of members of a terrorist cell.

Police transported her back to the house and used her keys to gain entrance. Upon entering, they saw a co-defendant holding literature from an organization that is listed on the Secretary of State=s list of AForeign Terrorist Organizations.@ Officers secured the house and waited an hour, without conducting a search, for the warrant to arrive. The warrant, which was based, in part, on Patricia having been found with a purse containing contraband and the electronic surveillance, allowed the search of the entire house but did not mention a small guest cottage behind the main hose, but separated from it by about 50 feet and a fence. The warrant specified a search for illegal educational materials only.

No evidence was found in the search of the house, but a search of the cottage revealed more evidence that the defendant had been sending educational supplies to a school for war refugees run by a Kurdish group that is on the Secretary=s list, complete with a fully loaded truck in the garage of the cottage. While waiting for federal authorities, officers viewed several videotapes depicting illegal sexual acts by one of the defendants, Ms. Mapp. Federal authorities took all the evidence, including the videotapes. State authorities confiscated everything of value in the house, pursuant to standard procedure.

Because it is a violation of federal law to send educational materials to the wrong foreign organization under the 1996 Federal Anti-terrorism Act, Patricia, Ronni and Ms. Mapp are facing ten years in a Federal penitentiary. Ms. Mapp is also facing a pornography charge. Discuss and decide the constitutional issues.