#1 James Scenario

  • Police walk up and see James standing at a bus stop on a downtown street...where there is extensive drug dealing.
  • Cops roll up and ask James if they can look in his bag and he says “yes”
  • They open the bag and find drugs.
  • QUESTIONS FOR THE CLASS:
  • Is this a legal search and seizure procedure?
  • What if James had said no...is it legal procedure?
  • What if he said no...what would need to happen for it to be legal to search his bag?
  • ADVICE:
  • If cops stop you, be polite, answer questions honestly and carefully, do not resist or run away. (Signs of being guilty!)
  • At times cops don’t follow procedures correctly and if they don’t a lawyer is there to help argue that
  • Stay Calm and remember all the details.

#2 Tyler Scenario

  • Tyler goes to a hotel with is wife and kids.
  • Police ask the manager to turn over all of the contents of the trashcan from his room.
  • The cops find evidence via notes he left planning a murder.
  • QUESTIONS FOR THE CLASS:
  • Is this a legal search?
  • What would make the search of the trash contents illegal?

#3 Julia Scenario

  • Julia is a student JMHS.
  • Students in her class spread rumors that Julia is selling drugs at school
  • The principal and the dean go to Julia’s class and pull her out of class. They take her to her locker and have her take out all of her stuff from her backpack/purse.
  • Without her permission the principal opens the locker with a master key and finds drugs. The principal then calls the cops.
  • QUESTIONS FOR THE CLASS:
  • Is this a legal search?
  • What makes it so?

#4 Anthony’s Scenario

  • Anthony is a known drug dealer around JMHS.
  • Instead of searching him, the cops send his girlfriend Jenny into his house to search for drugs.
  • They say that if she doesn’t cooperate then they will hold her as an accomplice.
  • Jenny finds a pound of weed in his sock drawer and then gives it to the police waiting outside.
  • They then arrest Anthony outside of his house when he comes home from a friend’s house for possession and intent to sell.
  • QUESTIONS FOR THE CLASS:
  • Is this search legal?
  • What makes it illegal?

#5 Chris’s Scenario

  • Chris was driving on Los Feliz on a Friday night
  • He was stopped for going 45mph on a 35mph zone (that’s it).
  • The police see a gun on the backseat of a car through an open window.
  • They then order the driver and the passenger out of the car and arrest them.
  • A search is then conducted on both persons as well as the car.
  • QUESTIONS FOR THE CLASS:
  • Is this a legal search?
  • What happens to the passenger?
  • What if the gun was in the trunk?
  • What if it was a 6 pack of beer in the back seat?

#6 Ray’s Scenario

  • Ray is a known tagger in JMHS.
  • At a Macy’s, workers see him stealing a pack of underwear.
  • Police arrest Ray outside the mall once he gets into his car.
  • They then drive him to his home, search his house, and find a room full other stolen items (tv’s and such).
  • QUESTIONS FOR THE CLASS:
  • Is this a legal search?
  • What if Ray was on probation?
  • What if they search Ray’s house but they find illegal drugs and weapons that were his mom’s?

#7 Miranda Rights Scenario

  • QUESTIONS FOR THE CLASS:
  • Can anyone recite the Miranda Rights?
  • What do they mean?
  • TIPS DURING INTERROGATION
  • Remain Silent (No talking or talking back)
  • Ask for a lawyer
  • WHEN IT APPLIES
  • Only after you are in custody (handcuffed and or detained)
  • If not sure ask the cop politely
  • Cops don’t have to Mirandize a person until the interrogation (questioning) begins
  • That could take hours because they haven’t asked any questions
  • HOW TO USE THEM
  • “I want to talk to a lawyer”
  • Juveniles under 18
  • Asking for your mom is not the same as asking for a lawyer unless she is a lawyer.
  • Cops do not have to stop questioning if you ask for a parent nor do they have to let parents in the room
  • Say those magic words and cops can’t ask you any questions
  • If they keep asking questions afterwards then any info given is inadmissible in court.
  • However, if you keep talking then they can use it. So don’t talk.