Review Problems Final Thoughts

1
Review Problems Final Thoughts
2
Problem 2-31

• Were requests for blood test consensual
  encounters?
• If not, RS to detain?
• Could refusal support RS or PC?
• Flight?
• IL v. Wardlow

3
Problem 2-32

• RS to detain?
• Did detention ripen into de facto arrest,
  unsupported by PC?
• Should Fourth Amendment standards be lower in
  cases of suspected terrorism than in cases of
  common crime?

4
Problem 3-9

• Was Johnson seized at time he threw bag?
• Was shooting reasonable use of deadly force?
  (admissibility of statement injuries)
• If not, should statement be excluded?
• Was use of choke hold reasonable?
• Was statement voluntary?
• Was gun FPT of illegal police action?

5
Problem 4-2

• RS to detain Carl?
• PC to arrest Carl (before gun found)?
• PC to search car?
• PC to seize watch?
• PC to search pager? Warrant?
• PC to search watch? Warrant?

6
Problem 4-16

• State action?
• School search under NJ v. TLO (locker, cars)?
• If so, RS?
• If not, PC to search locker?
• PC to search car?
• Effect of consent form?

7
Problem 4-23

• Do unwritten policies satisfy SD v. Opperman?
  (unwritten purpose)
• Do actual practices violate equal protection?

8
Problem 6-6

• Impact of USA Patriot Act?
• Unretrieved voice mail receives only Title II
  protection

9
Problem 8-3

• Was unwritten confession coerced?
• Was written confession FPT of coerced unwritten
  confession?
• Was written confession coerced?

10
Problem 8-26

• Was Terranova in custody?
• Did he waive in fact?
• If so, was waiver voluntary?

11
Problem 8-42

• Was John acting as a state agent?
• Did he deliberately elicit incriminating
  statement from Jamie?

12
Best of luck on the exam and beyond!

• Final examination at 830 am, Friday, May 14
• Closed book
• Three hours
• Roughly two thirds multiple choice
• One third essay (policy oriented, not issue
  spotter