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Homework answers / question archive / Facts Bob Forman and his best friend, Pat Hester, were walking in a high-crime area in Baltimore, Maryland at 1:00 a

Facts Bob Forman and his best friend, Pat Hester, were walking in a high-crime area in Baltimore, Maryland at 1:00 a

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Facts Bob Forman and his best friend, Pat Hester, were walking in a high-crime area in Baltimore, Maryland at 1:00 a.m. Bob was carrying a backpack with a distinctive red and yellow slash across the back. Pat was carrying a small brown paper bag. Both were dressed in jeans and black hoodies.  When they saw a police car approaching them, they stopped walking and Pat threw the brown paper bag into the bushes beside the road. 

Officer Smith pointed out Bob and Pat walking down the street. Officer Eve Smith and her partner Officer Adam Hopkins  have patrolled this area together for the last five years. They know the area and that drug crime is rampant in this part of the city.  Tonight, they were particularly vigilant because a nearby patrol unit had just received a call to investigate a street robbery of a juvenile at knife-point. A description of the suspects had not yet been broadcast, but Officers Smith and Hopkins were alert for anyone suspicious. As Officer Smith drove past the two males, she witnessed one man toss an item into the bushes. "Did you see that?" she asked her partner. " Yeah," said Hopkins. "Looks like one of them chucked something behind that bush." 

Officer Smith stopped and the two officers exited their patrol car. Approaching the men, Officer Hopkins asked, "What are you two doing out so late?"  Neither Bob nor Pat answered. Officer Smith saw an bulge in the front pocket of Bob's hoodie. 

" What have you got there?" Smith said as she did a pat-down of Bob for weapons.  Feeling something soft and pliable inside the pocket, Smith stepped back. She had made dozens of arrests for drugs in this part of the city and knew marijuana was often bundles in zip-lock sandwich bags. She said to Bob, " Feels like you're holding a baggie of weed and that's too big a bundle for personal use. You are under arrest."  Hearing this, Officer Hopkins told Pat to sit down on the curb and not to move while he helped Smith handcuff  Bob. Before putting on the handcuffs, Officer Hopkins took off Bob's backpack and placed it in the roadway, out of reach. Officer Smith searched all of Bob's pockets after he was restrained. Inside the hoodie pocket she found a cellophane sandwich bag filled with a green leafy material and, beneath that, a 6-inch switch-blade knife. "That's my own stuff." Bob said. " and that knife is for my work."   

Officer Hopkins moved a few steps and, from behind a bush growing along the roadway, he retrieved the brown paper bag. He opened it.  It contained two plastic vials of a white crystal substance. "Looks like we got ourselves some crack here." he called out to Smith. 

Officer Smith had Bob sit on the curb next to Pat and turned her attention to the backpack. "This will be going with us." she said. Then she asked Bob, "What's in here?" Pat replied, "How should he know?" With that, Officer Smith looked in the backpack and found clothes, an iPad with headphones, and a MacBook computer. "Who does this stuff belong to?" Smith asked. Neither man responded. Officer Hopkins moved to the police car to check the serial number on the iPad against the stolen property data base when the description for the robbery suspects was broadcast.  - Two adult males wearing dark clothing last seen running east. Taken in this robbery was a Lightning brand backpack with a red and yellow logo containing personal items belonging to the victim Joesph Kidd, and an Apple notebook computer.  "Well", Hopkins said, "I guess now we know who this belongs to now. " 

 Officer Hopkins was in the process of handcuffing Pat when Officer Smith pulled Bob to his feet and ushered him to her police car, putting him is the backseat. 

"I know you." she said.  "You work at Tony's where I get my morning coffee." 

"Yeah, I've seen you there. We're gonna fry for this ain't we?" said Bob. 

"Probably." Smith said.  "Get yourself a good lawyer and cop a plea and it might not be too bad." 

"I don't know about Pat," Bob said,  "but I'll plead out in a heartbeat. We were really stupid hittin' that guy tonight" With that, Bob sat back and closed his eyes. 

 Officer Hopkins came to the car with Pat, the backpack, the paper bag, the knife, the vial of crystals and the baggie. He asked Smith, "You ready to go?" Smith responded, "Sure. Easy case. The other guy just confessed." 

 

Research and analyze Bob's case regarding whether: 

(1) the physical evidence of the items in the backpack as well as the marijuana, the knife and the cocaine can be suppressed; and 

(2) whether Bob's confession to robbery can be suppressed. 

 

I.  Introduction - describing the issue(s) regarding:

  • suppression of the evidence
  • suppression of Bob's confession

II.  Evaluate and explain the relevant facts regarding:

  • suppression of the evidence
  • suppression of Bob's confession

III.  Analysis and explanation of the applicable law regarding:

  • suppression of the evidence
  • suppression of Bob's confession

 IV.   Application of law to support conclusions regarding:

  • suppression of the evidence
  • suppression of Bob's confession

 V.  Counter Analysis regarding:

  • suppression of the evidence
  • suppression of Bob's confession

 VI.  Conclusions regarding:

  • suppression of the evidence
  • suppression of Bob's confession

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