Posted: September 14th, 2017

American Criminal Procedure

American Criminal Procedure
You are a Federal Public Defender in Phoenix, Arizona. Your Office address is:
Federal Public Defenders Office
1010 N. McDowell Road
Phoenix, Arizona

You have been appointed as Justin Swift’s Defense Counsel. Swift has been charged with armed robbery. Please read the following documents carefully:
F: Grand Jury Indictment
G: 911 Call Transcript
H: Police report extracts
I: Search Warrant, affidavit and statement of probable cause
J: Transcript of interviews with Detective Chip Gregory and Officer Ryan Null.

Using these documents, and carrying out your own legal research, you must produce the following:
A. A Motion to Supress items of evidence obtained from an unlawful search and seizure of Swift’s home.

B. A Memorandum of Points and Authorities to support the motion to supress.

You should use a maximum of 3 cases to support the arguments presented in the memorandum. All cases must be cited in accordance with the Bluebook.

WHAT I EXPECT FROM THE WRITER:
1- Demonstrate advanced knowledge and understanding of the historical development of the principles of due process as applied in the investigation of suspected crimes and the adjudication of judicial disputes generally and criminal cases particularly.

2- Demonstrate advanced knowledge and understanding of the place of the Federal Rules of Evidence in the conduct of trials, with emphasis on (a) the analysis of relevance, (b) rules governing the admissibility of hearsay evidence, and (c) the role of expert opinion testimony.

3- Demonstrate advanced skill in the analysis of appellate cases and application of the governing constitutional and due process principles to hypothetical cases.

4- Make proper use of english language in relation to the analysis and discussion of legal issues.
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Referencing Requirements:
You must use these two books:
1) Principles Of Criminal Procedure, 4th edition, by Russell L. Weaver, leslie W. Abramson, John M. Burkoff, Catherine Hancock
Concise Hornbook Series published by WEST

2) Criminal Procedure Simulations by Michael Vitiello
Bridge to Practice Series published by WEST

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