Spring Term, 2015 Allan Hancock College, Santa Maria Campus
THREE (3) PRACTICAL EXERCISES [90 Points]
Working with the criminal prosecution scenario, below, prepare, individually or with one or more classmate(s), a written (1) Probable Cause Statement in support of a search and/or arrest warrant, (2) defense Motion to Dismiss/Motion to Suppress, and (3) prosecution Opening Trial Statement by the respective due dates (Syllabus). Templates, explanatory lectures and class discussions will help facilitate the process. These exercises are designed to give students hands-on experience with three critical areas of criminal procedure that pull together major concepts from the course text and hopefully will enhance the student’s learning experience this term.
The Scenario: At 6:08am, on October 4, 2009, Trisha O. frantically called 911 from her apartment in City, California when her six-year-old son, Marco N., stopped breathing. The Fire Department took Marco to Children's Hospital, where he was found to be in full cardiac arrest. He died 11 hours later. By 6:20am, Sgt. Michael K. of the City Police Department had arrived at the apartment, where he found Trisha O., her boyfriend Michael P., who frequently stayed at the residence, and their 14-month-old daughter, Jazlyn O. Sgt. K. observed a couple of stripped beds and linens on the floor, a trash can with vomit inside it, dark brown vomit in a toilet, and a cell phone on the kitchen counter. Sgt. K. picked up the cell phone and viewed its contents in the form of various text messages. The cell phone was owned by Trisha O. A text message read, "Wat if I got 2 take him 2 da hospital wat do I say and dos marks on his neck omg." The message was sent from Trisha O. to Michael P., although the sending of the message apparently failed. There were other messages on the phone with profane language and references to punching Marco—three times—the hardest of which was in the stomach. Sgt. K. reported that he picked up the phone because it