Prof. Paul Cassell December 23, 1992 

FINAL EXAMINATION

 Instructions

 This examination begins at 1:00 p.m. It is designed to be a three-hour examination with three questions of one hour each. Each of the three questions will be given equal weight in determining the final grade. You are given an extra 30 minutes to allocate as you see fit. You must turn in your examination at 4:30 p.m.

 This test consists of five pages (including this cover page).

 This is essentially an open book examination. You may have the following materials with you: your textbook, your textbook supplement, any materials distributed during the course, any outline that you may have prepared by yourself or with other students. You may not have the following materials: any commercial publications, hornbooks, or the like.

 Please use a pen (not a pencil) or a typewriter to write your exams.

 In accordance with standard law school procedure, do not write your name anywhere on your exam or any other information that could be used to identify you. Write your exam number on your exam. This permits evaluation without knowledge of the exam-taker's identity. 

If you think that you need more facts for any question, identify the facts you need and state how they would affect your answer. 

You are limited to a total of three bluebooks (consolidation of bluebooks is encouraged) or a total of 24 typewritten, double-spaced pages for the whole exam.

 QUESTION I (one hour)

 On December 1, 1992, Officer Ochoa was investigating the kidnapping of a one-year-old boy from his home in Salt Lake City. Ochoa had a hunch that Sam Suspect was responsible for the crime. Ochoa decided to confront Suspect and located him at the home of a friend.  

Ochoa knocked on the door and was greeted by Suspect. Ochoa displayed her credentials and asked to come in. Without saying anything, Suspect showed her into the living room. There Ochoa saw diapers in a trash can, which further aroused her suspicion.

 Ochoa asked Suspect if he would mind answering a few questions. Suspect said, "I didn't have anything to do with the kidnapping." Ochoa said, "How did you know I was interested in a kidnapping?" Suspect said, "Oops, I guess a blew it."

 Ochoa grabbed the diapers and said, "I think we will both be a little more comfortable down at the stationhouse." Suspect accompanied Ochoa to "Interrogation Room #1" at the stationhouse, which had a hidden video camera (which operated properly and recorded all of the subsequent proceedings that occurred in the Interrogation Room). On the way there, Ochoa noticed that Suspect limped. Ochoa read Suspect the four standard Miranda warnings (and nothing else) from a card that she had. Suspect asked, "Can I get a lawyer now or do I have to wait?" Ochoa explained that the normal procedure was for suspect to be appointed a lawyer when he was arraigned in front of a judge.

 Ochoa next excused herself from the room. While she was outside, she met a lawyer who had been sent by Mrs. Suspect to represent Sam Suspect. Ochoa lied and told the lawyer that Sam Suspect was not being held at the stationhouse. Ochoa then reentered the interrogation room, and Suspect asked whether a lawyer had just been outside. Ochoa again lied and said that the person Suspect had heard was someone from the Forensics Unit reporting that they had found Suspect's fingerprints on the diapers. Suspect said, "What's in it for me if I tell you where he is?" Ochoa replied, "If you tell me, I will help you get the mental health treatment that you deserve." Suspect responded, "I'm not sure if I should say anything more," then admitted kidnapping the boy. Suspect, however, refused to disclose the boy's whereabouts.

 Ochoa then arranged for the boy's father and mother to confront Suspect. Suspect told them where the boy was hidden (in a playhouse in Suspect's backyard). Ochoa and other officers sped to Suspect's house, rushed through the front door and into the backyard, where they found the boy alive and well.

 Suspect is charged with kidnapping. The prosecutor wishes to introduce in her case-in-chief the diapers taken from the house of Suspect's friend, all statements made by Suspect, and the circumstances surrounding the boy's rescue in the backyard. The prosecutor also wishes to have Ochoa testify that Suspect limped (which will connect with other testimony that the kidnapper limped). Suspect has filed a motion to suppress all of this evidence.

 Discuss the issues of criminal procedure that arise under the United States Constitution and the Utah Constitution.

QUESTION II (one hour) 

Police Officer Powers suspected that Debra Dealer had been selling drugs out of her blue Winnebago mobile home all summer near Alta, Utah. Powers talked to a "cooperating individual," Fred Fink, who reported that he had purchased a bag of cocaine from Dealer in the parked mobile home on June 1. Fink had been a spectacularly successful source of information for the police, and had previously provided information that led to the recent seizure of ten kilos of cocaine. On August 1, Powers confirmed Fink's description of the mobile home and Fink's report that Debra Dealer was living there. At that time, Powers also saw through an open window Dealer weighing on a scale what appeared to be cocaine.

 On August 31, Powers decided to get a search warrant for the mobile home. The search warrant authorized the search of a "large blue Winnebago mobile home parked at the Alta forest service campground" for "any illicit drugs, including cocaine, and evidence relating thereto." The search warrant affidavit recounted Fink's purchase of cocaine on June 1. Powers also thought he remembered that Fink had purchased cocaine from Dealer on August 25. Without checking his facts, Powers included that in the affidavit. (Fink made no such second purchase; Powers was confusing the Dealer case with another case.) Powers forgot to make any reference in the affidavit to his observation of Dealer using a scales in the mobile home, but included all of the other facts recited above. The magistrate approved the warrant on the morning of August 31.

 As Powers was driving up to Alta to serve the warrant on the afternoon of August 31, he saw Dealer driving her blue mobile home down the canyon. He turned around, saw an expired license plate, and then pulled Dealer over. Powers asked Dealer, "Are you carrying any drugs?" She said she was not. Powers asked, "Mind if I take a look around?" Dealer replied, "Go ahead, just don't look in the bathroom, it is not clean." Powers then explained that he had a search warrant for the whole mobile home. He searched the passenger cab first, finding a machinegun (possession of which is illegal) under the driver's seat. He later searched the bathroom, finding one large package of marijuana and one kilo of cocaine there.

 Dealer is charged with possession of an illegal firearm and possession of illegal drugs. She has filed a motion to suppress the machinegun, as well as the packets of marijuana and cocaine.

 Discuss the issues of criminal procedure that arise under the United States Constitution and the Utah Constitution.

QUESTION III (one hour)

 On October 17, 1992, the Juab County Sheriff's Office set up a roadblock on Interstate 15 under Utah's new Administrative Checkpoint Act, which was passed by the legislature and signed by the governor. (Assume for purposes of this question that the roadblock complies with all statutory requirements of the Act.) A magistrate approved the written plan for the roadblock prepared by the Juab County Sheriff in accordance with the Act's procedures. The plan explained that October 17 is the first day of deer hunting season and that the officers staffing the checkpoint will stop all vehicles (except large trucks for safety reasons) who pass milepost 99 on the Interstate heading north. During the stop, the officers will look for obvious traffic, hunting, liquor, and narcotics violations and, "if suspicious activity is observed," they will ask for a consent to search the vehicle or take other "appropriate responses." The plan represents that the delay caused by the roadblock for most vehicles will be less than one minute. To minimize anxiety of the drivers who are stopped, a large banner will be displayed over the roadblock that says "HUNTING CHECKPOINT."

Officer Sangelnom had just gotten on duty at the roadblock on October 17 when a large Greyhound passenger bus approached. He stopped the bus following the written roadblock procedures. He then entered the bus, and smelled marijuana coming from somewhere in the back. Sangelnom announced so that everyone could hear "We're just doing a quick administrative check. This will only take a minute." Sangelnom then went down the aisle of the bus, and approached the person sitting in the last seat, Donna Doper. Sangelnom explained to Doper that she was free to leave if she wanted, but that he was doing a search for illegal drugs. What happened next is unclear. Sangelnom claims that he saw Doper try to hide her purse, at which time he smelled the fragrance of marijuana emanating from it; Doper claims that she was just sitting quietly, when Sangelnom grabbed the purse from her and opened it. It is undisputed that Sangelnom then opened the purse, and found that it contained only cocaine.

 Sangelnom arrested Doper and frisked her. He felt something suspicious in one of her pockets. He removed the item, which turned out to be a marijuana cigarette. He also searched her suitcase, stored in a compartment under the bus, finding a bottle of methamphetamine.  

The prosecution wants to use the cocaine against Doper and her boyfriend (Frank Friend), who was sitting next to Doper on the bus. Both Doper and Friend have been charged with illegal possession of cocaine. The prosecution also wants to introduce the marijuana cigarette and the bottle of methamphetamine against Doper, who is charged with illegal possession of both of these items. Doper and Friend have filed motions to suppress all of these items. 

Discuss the issues of criminal procedure that arise under the United States Constitution and the Utah Constitution.