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Case Analysis 3 Fact Patterns

 

 

 

For each fact pattern, specify the essential legal issue(s) involved, describe the legal concepts from the text, decide which side should win, and explain your reasoning and how you used the legal concepts to arrive at your decision. See the Case Analysis Instructionsfor further information about completing this assignment.

 

 

 

1.     Kurt is a disk jockey and loves to play his radio as a stress reliever. He likes to relax listening to his music. Last week at about midnight, he was blasting Black Eyed Peas on his radio. His neighbor, Ima Complain, yelled at him to turn off the music, and he impolitely told her “mind your own business, old lady.” The next day, Mrs. Complain told her son, Officer Vidal, who happened to work for the Saint Leo Police Department. Soon thereafter, the county passed an ordinance prohibiting loud noises after 10:00 PM. That very day, Officer Vidal called the judge, told him how Kurt was disrespectful to his mom and got an arrest warrant. Officer Vidal went to Kurt’s apartment to arrest him. Kurt wasn’t home, but had left the door unlocked. Since it was a hot day, Officer Vidal decided to wait for Kurt in the air-conditioned living room. While waiting, he got thirsty and went to the refrigerator to get a drink. In the fridge he found a bag of marijuana and a bong on the counter. When Kurt came home a few minutes later, he was arrested. In addition to being charged with violating the noise ordinance, Kurt has also been charged with possession of illegal drugs and drug paraphernalia.

 

 

 

2.     State v. Ana; State v. Summer

 

Ana needed a car. She had just gotten a job at the nearby mall and did not have a way to get there. Since she needed a few thousand dollars for the car she really wanted, she decided to rob the nearby bank. She grabbed her Halloween mask, a duffel bag to hold all the money, prepared a quick note on a scrap of paper, and headed to the bus stop. On her way there, she passed her friend Summer and asked her for a ride to the bank. Summer agreed to take her. While driving, Ana told Summer her plans, and Summer told Ana that the nearby bank did not have much money, but the one near the airport had loads of cash. Summer offered to drive her to that one, and said she would wait outside to help Ana get away. Ana went inside wearing the mask, duffel bag in hand, and patiently waited in line for her turn. When she got to the front of the line and stepped up to the teller’s window, Ana realized she had misplaced the note demanding the money. Flustered, she ran out of the bank, mistakenly grabbing the duffel bag of the person next to her. When she got back to Summer’s car, she opened the bag and discovered it held $100,000 and a gun. Just at that moment, the police arrived, having been alerted by the teller that someone was in the bank wearing a scary mask. The police arrested Summer and Ana. In your analysis, discuss what charges Summer and Ana should face. What charges did you consider and then rule out for both Summer and Ana? Discuss why you ruled these out, and whether a judge would agree with your decisions.

 

 

A monkey has been stolen from the zoo! The police have no leads as to who stole the monkey. Leah is a new officer with the police department. While on routine patrol, she drives past the home of Jason. Through the huge window, she sees a monkey jumping on the table! What good luck, she’ll surely make a good impression with the chief! Using proper knock and announce procedure, Leah enters Jason’s home to arrest him. She notices that it is really hot and bright inside, and a quick walk around the house reveals thirty marijuana plants that she could not see from outside. Excellent…two crimes she has solved! Jason is charged with stealing the monkey and possession of marijuana with intent to sell. Jason’s attorney moves to dismiss all charges, and provides the judge evidence proving that Jason’s monkey is not the stolen one the police were looking for, but one he bought last year. In your analysis, discuss how the judge should rule. Which charges, if any, should be dismissed and why? Discuss whether Leah’s actions were proper. Which legal concepts have you considered

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