Question Analysis
Harriet was on her porch when Don walked up, pointed a gun at her, and said, “You’re coming with me.” Believing it was a toy gun, Harriet said, “Go on home,” and Don left.
While walking home, Don had to pass through a police checkpoint (Checkpoint) for contraband. Officer Otis patted down (government conduct) Don’s clothing, (warrantless search, stop and frisk, reasonable suspicion) found the gun, confiscated it, and released Don. Later, Officer Otis checked the serial number and located the registered owner, who said the gun had been stolen from him.
A month later, Officer Otis arrested Don for possession of stolen property, i.e., the gun. (probable cause) During a booking search, another officer found cocaine in Don’s pocket. (booking search)
Don was charged with possession of stolen property and possession of cocaine. He moved to suppress the gun and the cocaine, (fruit of poisonous tree, exclusionary rule, attenuation of taint, independent source, inevitable discovery, intervening free will) but the court denied the motion.
While in jail, Don drank some homemade wine. As a result, when he appeared in court with counsel, he was slurring his words. The court advised Don that if he waived his right to a trial, it would take his guilty plea and let him go on his way. Don agreed and pleaded guilty. Subsequently, he made a motion to withdraw his guilty plea, but the court denied the motion.
1. Did the court properly deny Don’s motion to suppress:
a. the gun? Discuss.
b. the cocaine? Discuss.
2. Did the court properly deny Don’s motion to withdraw his guilty plea? Discuss.
3. If Don were charged with attempted kidnapping against Harriet, could he properly be convicted? Discuss.
Outline
1a. D's motion to suppress the gun
(1) Checkpoint search
1b. D's motion to suppress the cocaine
2. Withdraw Guilty Plea
(1) Formality
(2) Alcohol
3. Attempted kidnapping
Comments
This is a Criminal Procedure and Criminal Law crossover question.