Your Free Resource for Exam Success
a) Distinguish between the subjective and objective approaches to entrapment. b) How does the predisposition of the defendant affect the success of an entrapment defense? c) When does police conduct become entrapment under the objective test?
Ms. Trouble is brought before a judge for a first appearance where she is informed the prosecutor has charged her with burglary. At the first appearance, the judge appoints the Public Defender to represent Ms. Trouble and releases her on bond. Upon being released from jail on bond, Ms. Trouble stops by her attorney’s office for a brief intake interview before returning home. A week later, Detective Teal was investigating a domestic violence case that occurred the previous day. Detective Teal drives to Ms. Trouble’s home and asks Ms. Trouble if she would mind “clearing some things up for him.” Ms. Trouble responds by stating that “her lawyer said not to talk to the cops without him.” Detective Teal then states: “I just want to know if anybody else was involved; you don’t want to take the fall for this thing.” Ms. Trouble then proceeds to make incriminating statements. Has the questioning violated Ms. Trouble’s Sixth Amendment right to counsel, her Due Process rights, or her right against Self-Incrimination? Explain why or why not in detail.
Upon arriving at Sheetz, Officer Maverick observed two men wearing backpacks emerging from a side entrance of the building. Maverick announced herself as a police officer and commanded the men to “freeze.” The men immediately began running; Maverick gave chase and eventually discovered one of the men, Jim Trout, hiding behind the dumpster of a nearby business. Maverick drew her Taser, began handcuffing Trout, and asked him “why he was running.” Trout stated that he had been “stealing stuff from the store and didn’t want to get caught.” A pat-down search of Trout revealed a screwdriver, a pair of gloves, and numerous items of merchandise bearing price tags from the store. Maverick then told Trout that he was “under arrest,” advised him of his Miranda rights, and placed him in the back of her patrol car. As she drove him to the police station for booking, Maverick asked Trout several questions about his activities at the store and Trout responded with incriminating statements. Trout has filed a motion to suppress the statements he made while being handcuffed and the statements he made while being transported to the station. Discuss whether or not the statements were given in violation of Trout’s constitutional rights.
Define interrogation. What is the difference between direct questioning and the functional equivalent of direct questioning? Give an example for each. Under what circumstances must a suspect be read their Miranda rights?
Identify and discuss the three constitutional clauses that apply to an individuals’ rights during police interrogations. Be sure to describe key cases, terms, and tests.
Explain the border exception. Why are border searches analyzed differently than a traditional police stops? Discuss how roving patrols, routine border searches, and non-routine border searches are analyzed. Be sure to include key cases in your discussion.
Describe administrative inspections. Describe special needs searches. How do these searches differ from traditional Fourth Amendment police searches? Explain modified probable cause.
Describe in detail the four types of vehicle check points we discussed in class. Be sure to discuss key cases, rules and explain important terms.
Compare and contrast the three types of precedent. How is precedent created, and what factors might lead a court to overturn it? Use specific cases to illustrate your answer.
Explain the doctrine of stare decisis and its role in the American legal system. How does a Supreme Court ruling affect lower courts? What distinguishes binding precedent from persuasive precedent?