Description
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Scenario
Police obtained a warrant to search a single-family residence for ?illegal amphetamines and equipment used in the manufacture of same.? The warrant also authorized the search of the person of Harry Hampton, described in the warrant as a white male, 32 years of age, 6 ft. 2 in., and 225 lbs. When police arrived at the scene, one officer began to search Hampton. When that search yielded contraband, another officer detained a second man sitting on the porch (he was later identified as Jimmy Jaffers). The officer subjected Jaffers to a pat-down search. No weapons were discovered on Jaffers?s person, but the officer, having felt a ?suspicious lump? in Jaffers?s front pants pocket, retrieved a plastic bag of capsules that later proved to be illegal amphetamines.
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Draft a Pre-Trial Motion
Assume that you are working as part of Jaffer?s defense and have been asked to draft a pre-trail motion at your local state level court. For this motion, you will need to research Supreme Court cases related to search and seizure and the 4th amendmentUse case law to support the following:
- That the contraband found on Jaffers? person should be suppressed;
- That he was also a victim of an unreasonable search.
- Be sure to reference the cases you chose in your responses to make your arguments. Several cases have been provided below that you can use.
- As part of your Argument (see sample below) be sure to address whether Jaffers is likely to prevail in this contention. Why or why not? Support your position with case law.
- Note: Three reference cases have been provided below. You can use two of these cases in your draft, but you will need to research one additional case for your submission.
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State v. Edstrom, 916 N.W.2d 512 (Minn., 2018) State v. Edstrom, 916 N.W.2d 512 (Minn., 2018)
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State v. Ture, 632 N.W.2d 621 (Minn., 2001) State v. Ture, 632 N.W.2d 621 (Minn., 2001)
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Yang v. State, No. A07-1034 (Minn. App. 5/6/2008) (Minn. App., 2008) Yang v. State, No. A07-1034 (Minn. App. 5/6/2008) (Minn. App., 2008)
