CCJS 230 Assignment 2: Legal Analysis Memorandum Instructions
Pretend you are a new associate at a criminal defense firm in Washington DC. Write an internal memorandum to your supervising attorney regarding the legal issues of this particular fact pattern (see the memorandum from your supervisor below). Structure your paper as follows:
Using the five case links supplied below and your textbook and modules ONLY, evaluate the fact pattern to determine whether the evidence seized is admissible and whether there is proof beyond a reasonable doubt of the offenses charged. No other material should be used for this assignment.
Structure the body of your memo to the supervising attorney using the IRAC method:
I. Facts: Explain the material facts presented in the memo from the supervising attorney.
II. Issue: Based on the cases provided by the firm’s librarian and any additional authority from your textbook and modules, identify any legal issues raised by the facts, beginning with (1) issues related to the 4th Amendment’s prohibition against unreasonable searches and seizures, including its right-to-privacy aspects and then any (2) issues related to proof beyond a reasonable doubt as to the crimes charged. Clearly state your legal conclusion as to each issue identified.
III. Rule: Based on the cases provided by the firm’s librarian and any additional authority from your textbook and modules, identify and articulate the relevant rule of law as it relates to each issue identified, including the law as it relates to whether the drugs and guns found should be admissible or not (e.g., stop and frisk, plain view, consent, search incident to arrest) and whether there is proof beyond a reasonable doubt as to the offenses charged.
IV. Analysis: Apply the relevant facts presented to the applicable rules of law in analyzing whether or not the evidence seized (drugs and guns) is admissible under the 4th Amendment and/or the holdings of any of the cases provided and whether there is proof beyond a reasonable doubt under the offenses charged.
V. Conclusion: Restate your legal opinion.
Case Law Supplied by the Firm’s Law Librarian
Mapp v. Ohio 367 U.S. 643 (1961) http://www.law.cornell.edu/supct/html/historics/USSC_CR_0367_0643_ZO.html
Minnesota v. Carter 525 U.S. 83 (1998)
http://www.law.cornell.edu/supct/html/97-1147.ZO.html
Rawlings v. Kentucky, 448 U.S. 98 (1980)
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=448&invol=98
Horton v. California, 496 U.S. 128 (1990)
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=496&invol=128
Florida v. Jardines U.S. Supreme Court (3013)
http://www.supremecourt.gov/opinions/12pdf/11-564_5426.pdf
Criminal Statutes provided by the Firm’s Law Librarian (Use ONLY the elements of the crime as described below.)
Possession of a Controlled Substance
Type of Offense: Misdemeanor. DC Code Citation: §48-904.01, §48-904.08
Charge Elements: The elements of this offense are as follows:
1. The defendant possessed a controlled substance.
2. The defendant did so knowingly and intentionally. This means consciously, voluntarily, and on purpose, not mistakenly, accidentally, or inadvertently.
Distribution of a Controlled Substance
Type of Offense: Felony. DC Code Citation: §48-904.01
Charge Elements: The elements of this offense are as follows:
1. The defendant distributed a controlled substance. To distribute means to transfer or to attempt to transfer an item to another person. The government need not prove that the defendant received or expected to receive anything of value in return.
2. The defendant distributed the controlled substance knowingly and intentionally. This means consciously, voluntarily, and on purpose, not mistakenly, accidentally, or inadvertently.
Unregistered Firearm
Type of Offense: Felony/Misdemeanor. DC Code Citation: §7-2502.01, §7-2507.06
Charge Elements: The elements of this offense are as follows:
1. The defendant knowingly possessed a firearm.
2. The defendant did so knowingly and intentionally.
3. The defendant had not registered the firearm as required by District of Columbia law.
Fact Pattern supplied by your Supervisor
Memorandum
To: Junior Associate
From: Supervising Attorney
Re: DC v. Blake
Mr. Jonathan Blake, a new client of the firm, recently requested our legal services in a criminal matter.
Mr. Blake was recently arrested for possession of a controlled substance by the Metropolitan Police Department. According to Mr. Blake, the facts are as follows: Jessie Smith and his wife are the co-owners of a residence at 3630 16th St. NW, Washington DC, 20015. Jessie Smith and Jonathan Blake run a catering business in the Smiths’ basement.
Jonathan Blake was at the Smiths’ house on Sunday, February 6, 2011, watching the Super Bowl.
Mr. Blake and two other guests were sitting on the couch watching television and smoking marijuana. The Smiths’ home has a very large living room window. Police officers responded to a call from a neighbor about noise emanating from the Smith household. Officers observed Mr. Blake and his friends smoking marijuana through the large living room window. Officers also observed Mr. Blake hand a baggie of white powder to someone standing near the couch.
Officers then knocked on the door. After hiding the drugs, Mr. Smith opened the door and granted the officers access. When the officers came inside, they informed Mr. Blake and his friends that they had witnessed the transfer of a baggie of white powder between Mr. Blake and another gentleman and that everyone in the room had been observed smoking marijuana through the living room window. Police then observed what looked like a shotgun sandwiched between the cushions of the couch near Mr. Blake. Upon further inspection, the officers discovered three other firearms underneath the same couch. None of the firearms were registered as required by DC law and the ownership of all four is in dispute.
The officers then conducted a pat-down search of Mr. Blake and everyone else in the room. The officers found that Mr. Blake had on his person a large amount of suspected marijuana, suspected cocaine, and money ($400). Another occupant of the room, the one to which officers saw Blake hand a baggie of white powder, had a baggie of suspected cocaine (white powder) in his possession. Mr. Blake was then charged with possession of a controlled substance, distribution of a controlled substance, and possession of an unregistered firearm. Cocaine and Marijuana are “controlled substances” under the relevant statutes and chemical tests done on the substances seized confirmed they were, in fact, “marijuana” and “cocaine”.
Format Requirements
• Paper should be a minimum of five pages (1250 words)
• Double space
• 12 pt. font
• 1″ margins
• Use APA citations for all sources
• Include APA reference page (not included in word count)
Additionally,
• Create a cover page for your assignment (not included in page count)
• Include your name
• Course title and number
• Project title
• Topic selected
• Date of submission
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