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I. Issue: Explain the material facts presented in the memo from the supervising attorney, and clearly state whether the drugs and/or guns found should be admissible or not.
II. Rule: Address the relevant criminal procedure issues, the applicable fundamental rights established by the Fourth Amendment, and the issues and rules clarified in the case law given that are relevant to whether the drugs found on Mr. Blake should be admissible or not. (e.g., stop and frisk, plain view)
III. Analysis: Using the relevant facts presented, determine whether or not they meet the requirements set out in the DC Code, the amendments, or Mapp v. Ohio and Minnesota v. Carter regarding the admissibility of evidence (drugs and guns) in the criminal prosecution against Mr. Blake.
IV. Conclusion: Restate your legal opinion.
-With the following scenario complete the memo.
There were several home burglaries in Purpletown, New York. The Purpletown police suspected that Lionel Lamb was the burglar, but did not have enough evidence to get an arrest or search warrant. At two of the crime scenes, there were discarded cigarette stubs that seemed like they must have come from the burglar. The police knew they could get DNA samples from those cigarette butts. A plain clothes police officer followed Lionel into a fast food joint. Lionel finished his meal and walked away from his table.The officer walked by Lionel’s table and grabbed Lionel’s empty cup. Lionel came back to his table — he had been using the restroom — had a couple more fries and then threw the rest of his items into the trash. The police tested the DNA from Lionel’s cup against the DNA from the cigarette stubs at the burglary locations and found they matched. They charged Lionel with the burglaries. Lionel’s attorney moved to suppress the DNA evidence from the cup on the grounds that it was an illegal search. Should his motion succeed?
– Consider the cases California v. Greenwood and Commonwealth v. Cabral, Massachusetts Court of Appeals No. 06-P-987 (May 16, 2007) for your analysis. These will not be exact matches to the case, but use the rules from these 2 cases to help support what you think the appropriate
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