Case law paper 2. Case law paper 2. DIRECTIONS: The following assignment will ask you to analyze and apply the U.S. Supreme Court’s decision in certain criminal cases. You are to begin with the following scenario and incorporate the case rulings to your scenario where they apply.
SCENARIO: Last Friday (place date) Oliver Thompson was arrested at 12964 Bordeaux Ct., Moreno Valley, CA. for Burglary of an inhabited dwelling – 459 PC. Upon the arrest, Oliver was searched and a handgun with altered numbers and a silencer was found on his person. Thompson then gave an incriminating statement about the weapon’s possession to the arresting officer and was placed on a $50,000 bail.
IN THE STAGES OF DUE PROCESS, GO NO FURTHER THAN ARREST
After you have completed your scenario, you will need to analyze and apply the Supreme Court’s rulings of the following cases to your scenario:
MAPP v. OHIO (1961 – Exclusionary Rule – States)
http://www.law.cornell.edu/supct/html/historics/USSC_CR_0367_0643_ZS.html
GIDEON v. WAINWRIGHT (1963 – Right to counsel for indigent persons)
http://www.law.cornell.edu/supct/html/historics/USSC_CR_0372_0335_ZS.html
WONG SUN v. U.S. (1963 – FRUIT OF THE POISONOUS TREE)
https://supreme.justia.com/cases/federal/us/371/471/case.html
ESCOBEDO v. ILLINOIS (1964 – Right to remain silent – Right to counsel)
http://www.law.cornell.edu/supct/html/historics/USSC_CR_0378_0478_ZS.html
MIRANDA v. ARIZONA (1966 – Self-incrimination)
http://www.law.cornell.edu/supct/html/historics/USSC_CR_0384_0436_ZS.html
TERRY v. OHIO (1968 – Reasonable Suspicion – Stop/Pat/Frisk for weapons)
http://www.law.cornell.edu/supct/html/historics/USSC_CR_0392_0001_ZS.html
FLORIDA v. J.L. (2000 – Anonymous Informant)
http://www.oyez.org/cases/1990-1999/1999/1999_98_1993
DICKERSON v. U.S. (2000 – Voluntariness of Statements
http://www.law.cornell.edu/supct/html/99-5525.ZS.html
UTAH v STRIEFF (2016 – Investigatory stop illegal, Search; arrest warrant discovered, evidence admissible)
https://www.oyez.org/cases/2015/14-1373
CONSIDER:
PC 834c – Rights of Detained Foreign National; Notice to Foreign Government
(a)(1) In accordance with federal law and the provisions of this section, every peace officer, upon arrest and booking or detention for more than two hours of a known or suspected foreign national, shall advise the foreign national that he or she has a right to communicate with an official from the consulate of his or her country, except as provided in subdivision (d). If the foreign national chooses to exercise that right, the peace officer shall notify the pertinent official in his or her agency or department of the arrest or detention and that the foreign national wants his or her consulate notified.
Vocabulary:
Constructive Possession
Actual Possession
Hand Gun w/ altered numbers
Possession of a silencer
P(4)
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