Assignment

Pretend you are a new associate at a criminal defense firm in Washington DC. Write a complete three-page internal memorandum to your supervising attorney regarding the legal issues of provided particular fact pattern (see the attached memorandum from your supervisor below).

In your memo;

a) Focus your analysis on the Fourth Amendment and its right-to-privacy aspects.

b) Using the criminal statute provided, compare the three legal cases indicated below using only the links supplied below with the facts to determine whether the rules from those cases apply to the provided facts (provided in supervisor memo). It is a given that the criminal statutes provided apply.

Structure the body of your memo to the supervising attorney using the IRAC method:

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.

Legal Cases

Mapp v. Ohio, 367 U.S. 643 (1961):http://www.law.cornell.edu/supct/html/historics/USSC_CR_0367_0643_ZO.html
Minnesota v. Carter, 525 U.S. 83 (1998): http://www.law.cornell.edu/supct/html/97-1147.ZO.html
District of Columbia v. Heller, 554 U.S. 570 (2008):https://www.law.cornell.edu/supct/html/07-290.ZS.html
Criminal Statutes (Use ONLY the elements of the crime as described below.)

Possession of a Controlled Substance

Type of Offense: Misdemeanor. DC Code Citation: §48-904.01, §48-904.08
Charge Elements: The elements of this offense are as follows:

1. The defendant possessed a controlled substance.

2. The defendant did so knowingly and intentionally. This means consciously, voluntarily, and on purpose, not mistakenly, accidentally, or inadvertently.

Possession of a Controlled Substance

Type of Offense: Felony. DC Code Citation: §48-904.01

Charge Elements: The elements of this offense are as follows:

1. The defendant distributed a controlled substance. To distribute means to transfer or to attempt to transfer an item to another person. The government need not prove that the defendant received or expected to receive anything of value in return.

2. The defendant distributed the controlled substance knowingly and intentionally. This means consciously, voluntarily, and on purpose, not mistakenly, accidentally, or inadvertently.

3. When the defendant distributed the controlled substance, he was at least 21 years of age.

4. When he distributed the controlled substance, the person to whom the substance was distributed was under 18 years old.

5. The amount or quantity of the controlled substance distributed was ____ grams or more.

In the District of Columbia, if the controlled substance is marijuana and this is the offender's first conviction for distribution and/or possession of a controlled substance with intent to distribute, then the maximum exposure of incarceration is 180 days.

Unregistered Firearm

Type of Offense: Felony/Misdemeanor. DC Code Citation: §7-2502.01, §7-2507.06

Charge Elements: The elements of this offense are as follows:

1. The defendant knowingly possessed a firearm.

2. The defendant did so knowingly and intentionally.

3. The defendant had not registered the firearm as required by District of Columbia law, or the defendant possessed a pistol or firearm in his dwelling place or place of business or on other land possessed by the defendant that could have been registered.

4. The defendant knowingly distributed a firearm to a person under 18 years of age, or the defendant had a prior conviction for a violation of this section, in which cases, the offense is a felony.

Format Requirements

• Memo should be three pages (750 words)
• Must structure your memo as per above provided instructions.
• For references, In addition to provided sources, include at least one credible secondary source material to support your explanation of the issues of this fact pattern or to support your legal opinion.
• No other material should be used for this assignment.