MJ 650 AC Criminal Law & Procedure Search Seizure & Interrogation Discussion

DISCUSSION QUESTION 5-1

MJ650 Criminal Law and Procedure

Lesson 5: Search, Seizure, and Interrogation

Upon completion of the Required Readings, write a thorough, well-planned narrative answer to each of the following discussion questions. Rely on your Required Readings and the Lecture and Research Update for specific information to answer each discussion question, but turn to your original thoughts when asked to apply, evaluate, analyze, or synthesize the information. Your Discussion Question responses should be both grammatically and mechanically correct, and formatted in the same fashion as the questions themselves. If there is a Part A, your response should identify a Part A, etc. In addition, you must appropriately cite all resources used in your responses and document in a bibliography using APA style.

Discussion Question 5-1 (50 points)

Two deputy sheriffs were investigating a series of robberies at local jewelry stores.

They contacted a known felon named Joe, who had been arrested previously for buying stolen property, and agreed to give him “transactional immunity” if he would participate in attempting to buy the jewelry that had been stolen from one of the stores. He agreed. He informed the police that Jerry had indicated that he might have some jewelry for sale at a good price. The deputies, on their off-duty time, went to the local hotel where Jerry was temporarily living and requested his room keys from the assistant hotel manger. The manager gave them permission to search the hotel room because the house cleaners were in the room cleaning it at the time. The deputies searched his room and discovered jewelry that had been stolen in a recent robbery. They did not touch the jewelry.

Next, the deputies obtained a search warrant from a local magistrate, formally searched the room, and took possession of the jewelry. They then arrested Jerry and interrogated him regarding the robbery, and he confessed. Jerry also stated that Joe and Tom were involved. There were fingerprints on the jewelry belonging to Tom, who was a local schoolteacher. Tom, Joe, and Jerry are now under prosecution for the robberies.

Discuss the following issues related to the scenario. Be sure to discuss relevant case law in your response. (A 2-page response is required.)

a. Identify the procedural issues attached to the granting of immunity to Joe.

b. What Constitutional issues exist regarding the hotel room search and the interrogation of Jerry?

c. Discuss which (if any) evidence was improperly/illegally obtained and on what basis the defense counsels of all three defendants could challenge such evidence