COLLEGE OF LAW

Criminal Procedure Fall, 1996

Prof. Paul Cassell December 18, 1996

FINAL EXAMINATION

Instructions

This examination begins at 8:30 a.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 hour to allocate as you see fit. You must turn in your examination by 12:30 p.m.

This is essentially an open book examination. You may have the following materials with you: your textbook, your textbook supplement, my supplemental materials, 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.

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 possible, please do not write in pencil (it is difficult to read).

Page limits: if you are handwriting this exam, you are limited to a total of three bluebooks, one side of each page, every other line. The three bluebook limit is a limit for the whole exam; for example, if you have space left over in the first bluebook after answering Question I, you can use that space for Question II, etc. If you are typewriting this exam, you are limited to a total of nine pages, one side of each page, double-spaced.

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

This examination consists of four pages (excluding the cover page). Please make sure you have all pages.

Question I (one hour)

On September 1, 1996, Deputy Dodge suspected that Larry Crystal was responsible for a string of black powder letter bombs recently mailed to the Administrative Office of the University of Utah from Ogden. Through her investigation, Dodge learned the following:

1. An anonymous phone call from Ogden reported to Dodge that Crystal was Abuilding bombs in shoeboxes."

 

2. While the explosion of the letter bombs obliterated all of the surrounding packaging, a shoe box was one of many possible containers the bomb might have been packaged in.

 

3. Crystal was a resident of Ogden, the city from which the bombs were mailed.

 

4. Crystal lawfully owned five firearms: a hunting rifle and four handguns.

 

5. Crystal was a recent graduate of the University of Utah, where he received mediocre grades in industrial engineering.

 

6. Crystal's home in Ogden was only two miles from the Acme Firearms Store, from which a large quantity of black powder had just been stolen.

 

Through investigation, Dodge was able to confirm that Crystal looked suspicious because he seemed to be staying up late at night working on something in his workshop in his garage.

Dodge properly recounted all of the foregoing in an affidavit in support of a search warrant for Crystal's workshop, properly and accurately reciting Crystal's address and describing the exterior of his garage and workshop. Dodge took it to Magistrate Friendly, whom she knows is a former police officer and prosecutor. Friendly reviewed the affidavit and signed a search warrant accurately reciting Crystal's address and describing his garage. The warrant authorized a search of Crystal's garage and workshop for Aletter bombs and bombmaking components, including but not limited to black power or similar explosives, shoeboxes or similar containers, triggering or timing devices, and all other evidence of bomb making."

Dodge executed the warrant the next day, when Crystal was in his workshop. She discovered Crystal building what appeared to be a letterbomb in a shoebox. She seized (1) the partially built bomb, (2) a quantity of what appeared to be black powder, (3) a letter from the University of Utah pinned above Crystal's workbench telling Crystal that his petition to raise his grades has been denied, and (4) Crystal's five firearms.

Dodge also seized from the trunk of Crystal's convertible, parked in the driveway outside the garage, other black powder and shoe boxes.

Crystal's defense attorney has filed a motion to suppress all of items seized during the execution of the search warrant. Discuss the issues of criminal procedure that arise under the United States Constitution and the Utah Constitution.

Question II (one hour)

[All facts the same as above. Ignore Afruits" issues arising from possible illegal behavior in Question I C that is, you need not discuss how possibly illegal behavior in Question I might lead to suppression of evidence discussed in Question II.]

As part of the investigation described in Question I, Dodge and five deputies came to Larry Crystal's home to execute the search warrant. They told him why they were there and said he could Aeither stay or leave C your choice." Crystal said he would stay and watch.

When Dodge found the partially built bomb in the workshop, she asked Crystal what it was. Crystal said [1] it was a Anew and improved industrial blasting device I'm making to earn my doctorate."

Dodge then nodded to one of the other deputies executing the warrant, who moved behind Crystal to block the only way out of the workshop. Dodge had decided to arrest Crystal then, but did not tell him that. Crystal did not see the deputy moving behind him. Dodge said in a disbelieving tone of voice, AOh, really!" Crystal then and said, [2] AWell, actually, to tell you the truth, I'm just working on a masters thesis on practical blasting."

Dodge then said, AWe've got enough questions here that I'd like for you to come downtown and answer a few questions. Would you mind?" Crystal agreed.

At the stationhouse in AInterview Room #2," the following interview was secretly recorded between Dodge and Crystal:

Dodge: Present are Deputies Dodge and Exum and Larry Crystal. Mr. Crystal, isn't it true that you had a large quantity of black power at your house?"

 

Crystal: [3] Yes, I had lots of the stuff. Hey, wait a minute. When do I get my rights?

Dodge: Here are your rights. Number one, you have the right to remain silent. Number two, anything you say can be used against you in a court of law. Number three, you have the right to talk to a lawyer and have him present with you while you're being questioned. Number four, if you cannot afford to hire a lawyer, one will be appointed to represent you before any questioning if you wish. Do you understand each of these rights?

 

Crystal: Okay, now do I have to be arrested to get a court appointed lawyer?

Dodge: Charged, ya, basically you'd have to be arrested or arraigned before you can get a court appointed attorney. The court has to determine that you're eligible for that. Due to your income or whatever.

 

Crystal: >Cause I can't afford one.

Dodge: Ok, do you understand each of those rights?

Crystal: Yes, I do.

Dodge: Okay, and having those rights in mind, do you wish to speak to us?

Crystal: Yes.

Dodge: Did you just mail another one of those bombs to anyone?

Crystal: [4] Yes I did. But I want my lawyer now. After that, maybe I'll talk to you.

Dodge: We need to know now C where is it going?

Crystal: [5] It's going to someone who will be surprised!

Dodge: Look, you're sick. You need help. If we promise not to bring any changes, will you tell us who it's going to?

 

Crystal: [6] Yes, it's going to the Administrative Office at the "U." But you'll have to stop my brother, Harry, also. He's sending bombs too.

 

Larry Crystal's defense attorney has filed a motion to suppress each of the six incriminating statements numbered above. (The prosecution seeks to use only the factually incriminating parts of the statements, not mentioning invocation of rights, etc.). Discuss the issues of criminal procedure that arise under the United States Constitution and the Utah Constitution

Question III (one hour)

[All facts the same as above. Ignore "fruits" issues arising from possible illegal behavior in Questions I and II C that is, you need not discuss how possibly illegal behavior in Questions I and II might lead to suppression of evidence discussed in Question III.]

After learning that Harry Crystal might be involved in sending bombs, Deputy Dodge rushed to the home of Harry Crystal in Ogden. Just as she approached his home, she saw a man driving a jeep pulling out of the driveway into the street. She activated her lights and pulled him over on the street one block from his house.

Dodge approached the jeep and noticed that the driver, Harry Crystal, was nervous. She asked for his license and registration. Crystal said, "What's up?" Dodge replied, "Routine investigation."

After returning to her car and determining (after five minutes elapsed) that Crystal had no outstanding warrants, Dodge returned to the jeep. She immediately asked: ADo you know what your brother Larry is up to these days?"

Crystal: ANo, I don't."

Dodge: AMind if I look around your car and see if he's left anything here?"

Crystal: AI'm not sure . . . . well, maybe you can go ahead . . . if it doesn't take too long."

Crystal then got out of the car and Dodge looked around the passenger compartment, finding a clear plastic bag with some black powder hidden under the front seat.

She pulled it out of the jeep and slowly placed it on the hood of the car next to Crystal, all the while eyeing the bag thoughtfully.

Crystal said Ayou don't think I had anything to do with the mail bombs, do you?"

Dodge then said, AYes I do" and placed Crystal under arrest. She searched the trunk finding more black powder there. She also found a note in what appeared to be Harry's handwriting that said, ALarry C I hid the rest of the powder in the trunk of my Mustang."

Dodge then returned to Crystal's house and saw a Mustang parked in front of the house on the street. She opened the trunk finding more powder and some shoeboxes.

Harry Crystal's attorney has filed a motion to suppress: (1) the powder found in the passenger compartment of the jeep; (2) the evidence found in the trunk of the jeep; (3) the evidence found in the trunk of the Mustang; and (4) the statement AYou don't think I had anything to do with the mail bombs, do you?" Discuss the issues of criminal procedure that arise under the United States Constitution and the Utah Constitution