In two pages per question, please respond to the following Questions. Remember to adhere to our analytical writing style and use strong topic sentences, adequate sources, cogent reasoning, and a convincing conclusion.
In response to the Borden questions, you may exceed the page limitation if you feel it necessary to do so.
Q 1. Officer Duty on patrol in his squad car in a quiet neighborhood sees 3 males unloading a large box -visibly marked 70? TV- from a pickup truck parked inside a garage attached to a private home and he spots 3 more similar boxes still in the bed of the truck.
While at roll call at the start of his shift, his Sgt advised of a heist last evening from an appliance store. Upon seeing the males, Duty immediately became suspicious and now believes these TV sets are all stolen.
He knows you have taken a course in Con Law @ FGCU and calls you b/c he heard you talk abt ?plain view? at a party and he needs to know what the Constitution requires of him in order to recover the merchandise and arrest these thieves. He is concerned because his peace officer course referenced the exclusionary rule but he missed that class.
What wd you advise Officer Duty to do in order to act constitutionally? Cite any case decisions that inform your advice and explain how they are relevant to his concerns.
Q2. While on routine patrol, Trooper Tom witnesses Reckless Rudy swerve out of his lane of travel and into the lane of Rodney Roadrage who begins to chase Rudy and fires 3 rounds into the back window of Rudy?s car. Trooper Tom activates his emergency lights and siren in pursuit of Rodney at speeds exceeding 100mph. Rodney exits the highway w/ Tom following and shooting at him. Rodney pulls into his girlfriends apt complex, ditches his car in her carport and flees into her apt.
Trooper Tom recalls that in Mapp v Ohio, a case he learned abt from a Con law student at FGCU a warrant is needed to enter someone?s home. But Tom ignored that and went into the apt w/ gun drawn and arrested Rodney, cuffed him behind his back and as he was reaching for his Miranda Rts card, Rodney blurted out ? I?m really sorry. I didn?t mean to kill that guy. I just lost my temper?.
Rodney?s atty moved to suppress his arrest and statement.
You are the trial judge. How do you rule? What authority supports your decision? Write your cogent opinion clarifying all legal issues involved.
Q3. Lizzy Borden
Discuss the Constitutional issues presented during the trial of Lizzy Borden.
Address the judges? decision regarding the admission of inquest testimony during trial. Consider her compelled appearance. Her testimony at the inquest. Was she in custody? Did she make voluntary statements? Was the inquest investigatory or accusatory? Why does that matter?
What analysis supports the jury verdict?
Discuss the states evidence that most strongly suggests guilt. In your view, is this evidence of guilt beyond a reasonable doubt? Why or why not?