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Posted: December 20th, 2021
Search, Seizure, and Interrogation
Discussion Question 5-2 (50 points)
A local bartender overheard conversation, which he related to the police, regarding the gang rape of a 19-year-old female that occurred at the bar several nights earlier. One of the individuals identified by the bartender as a possible suspect was Rapper, a young stockbroker. Rapper had a police record for having been stopped on three occasions for driving under the influence of drugs. He had also been married and divorced seven times. One of the police sergeants knew Rapper and had gone to school with him at State University. The sergeant called Rapper and indicated that he needed to talk to him about the problems at the bar, including the sale of drinks to underage students. The sergeant also indicated that they could use this time to discuss old times at the university. Rapper agreed and met the sergeant at a local coffee shop.
The sergeant was wired, and the conversations were recorded. Rapper and the sergeant had several drinks, and both began to get intoxicated. Rapper then bragged to the sheriff how he had raped the young female and left her in an alley, where she was then gang raped by three young punks. While the sergeant and Rapper were in the coffee shop, another officer peered into the windows of Rapper’s new car. On the front seat of the car were a pistol and a baggie of marijuana. The officer then opened the door of the vehicle and searched it. In the vehicle, he found a knife with blood on it.
The blood was later determined to be that of a young nurse who had been raped at knife point and had suffered a deep cut by the rapist. Rapper was eventually put into a lineup, and the nurse picked him out from the group as her rapist. Rapper was charged with the two rapes, possession of marijuana, and the unlawful possession of a dangerous weapon. Rapper’s attorney moved to suppress the marijuana, the knife, and the pistol, which he alleged were the results of an illegal search of the vehicle. The attorney also moved to strike the comments made by Rapper to the sergeant regarding the rape, claiming that Rapper was not advised of his Miranda rights and that the sergeant deceived him regarding the purpose of the visit.
Discuss the following issues related to the scenario. Be sure to discuss relevant case law in your response. (A 2-page response is required.)
- Discuss the specific procedural issues regarding the sergeant’s bar conversation with Rapper and the admissibility of Rapper’s confession.
- Discuss the application of probable cause; also address the protection of the Fourth Amendment in the car search.
- In addition, discuss the legality of car search and lineup procedure.
- Discuss what evidence the prosecution should be allowed to use in proceeding against Rapper.
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