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I am studying for my criminal evidence and procedure class right now, I have the final this week, if someone could please help me there are a few questions on the study guide that I am unsure about. This is a long post, but if any of ya'll have the time to read it and help me out, that would be GREATLY appreciated!!!

I know this is long, but if you could please take the time, if you have it, to read the question, and what I think is the answer to it, you would REALLY REALLY be helping me out. Thanks

So here it is....

At approximately 3pm on October 13, 2005, Sgt James Brackett of the Nirvana PD called his brother, Cpt Alan Brackett of the Eden PD regarding an anonymous telephone tip that he had recieved about 10 minutes prior concerning Gina Keton. The informant, an unknown male, alleged that he had seen 4 lbs of marijuana in the trunk of Keton's car. Sgt Brackett testified at a subsequent hearing: "The caller informed me that Gina Keton had a blue Cadillac and the plate number was 517860. The caller also stated that she worked at Heaven Precision Company on 35 Progress Ave in Nirvana and that she'd be leaving work 3pm and back to her residence in Eden and from there she would be making deliveries of marijuana."

Cpt Brackett knew Keton; he had seen her associating with drug users and dealers during 2000-2002, and he once conducted a drug arrest of persons seated in a car in which she was a passanger. Moreover, during the summer of 2004, Cpt Brackett recieved a tip from a "confidential reliable informant" that Keton sold marijuana. Last, Cpt Brackett testified that the Nirvana PD issued 2 reports in the summer of 2004 about "a male caller clling and stating that he had observed pounds of marijuana in Keton's truck."

Following the reciept of the tip recounted above by Sgt Brackett, the Nirvana PD confirmed the described car was parked in the Heaven Precision Company parking lot and was registered to Keton. At approximately 3pm, undercover officers observed a woman enter the car and drive off. The officers attempted to follow the car but lost it in traffic.

Cpt Brackett was informed of these happenings and began surveillance of Keton's home in Eden. He watched as Keton arrived, parked her car, and entered her house. For 2 hours, nothing of consequence happened. Then, at approximately 5pm Keton left her house, entered her car, and drove away. Cpt Brackett followed her for 1 1/2 miles, observed no suspicious or illegal activity, and pulled her over.

Upon approching Keton's car, Cpt Brackett informed her that she had been stopped because he believed that she was transportting controlled drugs. He then asked for her to sign a conset form in to give him permission to search her car. She signed the form and Cpt Brackett arrested her after finding approximately 4 lbs of marijuana in the trunk.

Keton was transported to Nirvana PD and was allowed to call her mother. Keton told her mother that she'd been arrested buy she expected to be out soon.Within 2 hours of the call, Cpt Brackett read Keton her Miranda rights and Keton told Brackett that she was willing to waive her rights and talk with him. She then began describing her drug-selling operation. Unbeknownst to Keton, her mother, immediately after the phone call, had called and retained the family lawyer, Charles Temple. Temple immediately went to the Nirvana PD where he damanded to see Keton; asserted her right against self incrimination and ordered that any interrogation cease until he had a chance to speak with her. Tample made those statements before Keton had even begun to talk with Brackett. The Nirvana PD told him that they would get back to him on his requests.

Once Keton had completed her lengthy description of her drug-selling operation, the Nirvana police allowed her to talk with Temple. She was then charged with possesion of 4 lbs of marijuana with the intent to distribute and with conspiracy to sell drugs.

You are now Keton's defense lawyer. What arguements do you have to suppress the 4 lbs of marijuana seized from her car and the statements she gave to the police at the police department? Identify the strengths and weaknesses of each arguement.

(P.S. This is not a real event, this all made up for the sake of the class)

MY POSSIBLE ANSWER (Please tell me what you think and if I should add or take away anything)

To suppress the marijuana, as the lawyer, I would file a motion to suppress because Cpt Brackett had no probable cause to pull Keton over in the first place, so the search of her vehicle was in violation of the 4th amendment. A second motion to suppress would filed to suppress her confession because her lawyer requested to speak with her and the officers would not allow him to.

The weaknesses: There was probable cause to pull Keton over based on the anonymous tip and the previous interactions that the officers had had with her. The officers had reason to believe that she was selling drugs and that the drugs were in her vehicle. During interrogation, Keton waived her right to speak with her lawyer, so his request to speak with her does not matter because she had already waived her rights.

I cannot think of any strengths, but I that may just be because I am looking at from an LEO point of view. Any input or advice on this question would be greatly appreciated. Thank you!!!!!!!

I know that, but I am assuming that since this group is for criminal justice students maybe someone would have taken a similar class and would be able to give me some insight.

Sorry, my evidence class was a little different in forum then this one. Remember lawyers are tricky and are easy at finding loopholes.

Sorry that I couldn't help you out. 

Clover says ...

Looks like you have already answered your own question. Go with your feelings.....

Thanks, I just needed to know if anyone agreed with me because I was unsure, I appreciate it!

Clover says ...

You're Welcome!

People........your two steps ahead.

I like this saying, can I quote you on this? Sometimes I need the encouragement. It sounds like had the answer, but it was covered with doubt. Good job on the assignment. I think you will be a great officer.

bsears says ...

You should stick with your gut feeling. There is a Supreme court case Illinois vs Gates, that would help in the search and seizure of the drugs from the car. It's a two prong test. Hope that helps.

http://www.jus.state.nc.us/NCJA/legsep94.htm 

 

lol, i had to breif that case last week, I got that one. We had A LOT of cases to breif in that class. But now its done with, I just took my final, I think I did pretty good, thanks ya'll for your help!!!

I just got my grade for this class and I got an A, just thought I'd let ya'll know cause I am stoked! lol