Description
Optional Draft CRJ 350 Final Assessment
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Instructions
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Read the following scenarios, and respond to the following prompts with full analysis of the actual and potential legal questions. What courts’ majority and minority opinions are relevant to the facts of the scenario Upload and submit a file with your responses.
Terry Joseph, age 18, and his cousin Nick, age 20, are standing near a convenient store in downtown Canton, Ohio. Officer Brooklyn, a twenty-two-year veteran notices the pair loitering around the store and avoiding eye contact with anybody entering and exiting the store. After witnessing these actions for nearly forty-five minutes, Officer Brooklyn moves in to question the suspects.
Is a pat search of the two subjects lawful? Why or why not? Explain the “what ifs”.
The suspects refuse to talk, and walk away. Is it lawful to pursue further contact with the two subjects? Why or why not?
The police pulled over a vehicle to determine whether the driver was driving with expired tags. During the stop, an officer recognized the defendant as a parole violator. The officer arrested the defendant and found methamphetamine on his person. The defendant was charged with parole violation and possession of narcotics. At his trial, he moved to suppress (keep out) the narcotics, stating that the police lacked justification to stop the automobile in the first place. The defendant’s argument was that the temporary plates indicated that an application for renewal of an expired license was pending.
Describe what the courts would likely conclude in this case and the legal reasoning.
T.L.O. was a 14-year-old female student at a New Jersey high school. A teacher found T.L.O. and another student smoking cigarettes in the girls’ restroom in the school building in violation of school rules. The teacher brought the two students to a school administrator, who questioned each of them. The second student admitted to smoking cigarettes. T.L.O. denied the allegations. The administrator then accused T.LO. of lying to him, and demanded to see her purse in an attempt to find the cigarettes. Among other things, when the administrator opened her purse, he found a pack of cigarettes, and cigarette rolling paper. Due to the fact that the administrator knew that cigarette rolling paper is used to smoke marijuana he now suspected T.L.O. of marijuana use. He further searched T.L.O.’s purse, and found a small plastic bag containing a grass-like substance and items that could be drug paraphernalia, including a pipe, a wad of money, a piece of paper with the names of students who apparently owed T.L.O. money, and a letter that appeared to implicate T.L.O. in dealing marijuana. The administrator contacted the police who, in turn, contacted T.L.O.’s mother. Her mother brought T.L.O. to the police station, where she confessed to selling marijuana.
Due to her age, T.L.O. faced delinquency charges in Juvenile Court. The Juvenile Court denied T.L.O.’s motion to suppress (keep out) her confession and the evidence from the search. Her lawyer argued that the search of her purse was a violation of the Fourth Amendment. T.L.O. was found delinquent, and was put on probation for one year. After a lengthy appeal process in the New Jersey state court system, the U.S. Supreme Court of the United States agreed to hear the case.
Describe the various reasoning and findings the Supreme Court might have in 2020. Contrast that with a 1985 decision.
