One night while on routine patrol, Officer Reyna Luthor observed a red Chevy Corvette sports car with one headlight out, a clear violation of a traffic law. Luthor proceeded to execute a traffic stop and approached the driver to issue a citation. Following the standard police procedure, Luthor asked the driver for his license and registration. The license identified the driver as one Otis Wade. As Wade handed his license and registration to Luthor, he said with menace that he “would make her regret it” if she “messed” with him.
Luthor took the license and registration back to her car and began writing a citation. As she was preparing it, she heard a police APB (all-points bulletin) on the radio to BOLO (be on the lookout) alert for a red sports car driven by a male, about 5’8″ tall, 150 pounds, clean-shaven, with dark hair, and wearing glasses, dark pants with a pink puff-sleeved shirt unbuttoned down to the navel. This person was wanted for robbery of Kate Mettler, whose purse had just been taken. Wade was actually 5’9″ tall, 160 pounds, clean-shaven, with dark hair, and wore glasses, blue trousers and a rose-colored, puff-sleeved shirt buttoned up to the neck.
Luthor placed Wade under arrest for robbery and read him his Miranda warnings. Wade invoked his rights to remain silent and to counsel. Luthor turned Wade over to other police officers who had arrived at the scene. She then searched Wade’s car and discovered a purse under the seat.
One hour after Wade was arrested, Mettler identified Wade as the robber in a one-on-one confrontation at the police station. Wade did not have an attorney present at the identification. Mettler said that she was positive in her identification. She also identified the purse found in Wade’s car as hers. Wade was again given Miranda warnings. This time he waived his rights and confessed to the robbery, and was then formally charged with robbery and is awaiting trial.
11. How should the court rule on Wade’s pretrial motions to exclude his statement to Officer Luthor at the scene of the arrest, the identification of Wade by Mettler at the police station, as well as the purse seized from Wade’s car?
12. How should the court rule on Wade’s pretrial motions to exclude his confession at the police station? If Wade’s confession is ruled inadmissible at trial because of a violation of the Fifth Amendment, and he testifies at trial, will the Fifth Amendment violation preclude use of the confession to impeach the testimony that Wade gave on either direct or cross-examination?
Fact Pattern #2
Two male university students (Abe and Chris) are on Spring Break. They meet a young woman named Mary whom they lure back to their hotel room. The two young men make repeated sexual advances to Mary. She rebuffs the sexual advances from Chris, but says she will have sex with Abe.
Abe says, “If Mary isn’t willing to have sex with both of us, then we’ll have to force her. Are you with me?” Chris nods his assent. Mary objects and says she wants to leave. Abe locks the door so Mary can’t get out, and begins plying more alcohol on Mary to calm her down.
Mary, terrified and drunk, drinks more alcohol and eventually passes out.
Abe decides that since Mary had said she wanted to have sex with him, it was OK and he proceeds to have sexual intercourse with the unconscious Mary.
Chris, who is very drunk, then says “I’m going to force her to have sex with me too.” He takes his clothes off and gets up on the bed. However, before he actually has intercourse with Mary, Chris also passes out.
Mary wakes up and, finding both Abe and Chris passed out, quietly dresses and leaves the room, going directly to the police.
The next morning, the police arrest both students.
13. Of what, if anything, can Abe be charged?
14. Of what, if anything, can Chris be charged?
Fact Pattern #3
Anna and Barbara are pro-life activists who are picketing Dr. Cirona’s women’s health clinic, where, among other services, legal abortion services can be obtained. They and their group of several hundred activists have picketed Dr. Cirona’s clinic for several months, and Dr. Cirona has been doused with red paint, had her car damaged, and received death threats over the phone, as well as by letter to her home address. She has also received a flood of threatening emails. Thus far none of the activists have entered the clinic.
Frightened and exhausted by her experiences, Dr. Cirona purchases a small-caliber hand-gun to protect herself.
One night, Barbara notes that Dr. Cirona is working late, and enters the waiting room of the clinic after business hours, breaking through the front door. She runs back into the back lab, chanting and shouting. Dr. Cirona is napping on a cot she keeps in her office when she hears the commotion. She gets to her feet groggily, takes her pistol out of her purse, and opens the door between her office and the back lab. Barbara, unarmed, turns suddenly at her appearance, and Dr. Cirona shoots and kills Barbara.
The police arrest Dr. Cirona, and Anna is convinced that as a soldier of God in the war against abortion she is compelled to do something. The very next night, Anna sets the clinic on fire, killing a sanitation worker who is cleaning the lab after hours.
15. With what, if anything, can Dr. Cirona be charged? What defense(s), if any, can Dr. Cirona raise?16. With what, if anything, can Anna be charged? What defense(s), if any, can Anna raise?