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II.
Essay
Question
(10 points):,
I
Duringthe month
of
November 2009, the Concord Police Department was investigating arash
of
burglaries
in
aneighborhood located
in
West Concord. Atotal
of?
houses had been burglarized
during the daytime hours
in
aneighborhood known as Peterson Circle.
The
Concord Police
Department had.received adetailed description
of
asuspect. .The suspect was described as a
male between the ages
000
and 40 years old. The suspect was further described as
approximately 6feet
in
height with ashort crew cut and dark black facial hair. The police were
doing regular daytime patrols
of
Peterson Circle
in
order to fmd this particular suspect.
On
December 16,2009, Concord Police Officer John White saw a 6 foot male
in
ablack trench
coat walking on the sidewalk
in
Peterson Circle. This suspect was dressed in gothic-style
clothing.
He
had blonde hair and alight beard. Officer White approached the male.
He
asked
the suspect his name and age. The suspect responded
"my
name is Jim Smith and Iam
18
years
old." The officer asked Smith where he lived. Smith responded that
he
was homeless. The
officer then asked Smith where
he
was going, and Smith replied he was headed to afriend's
house
on
Peterson Circle.
Officer White noticed that Smith appeared "nervous." Smith continued to walk
ashe
answered
I
White's
questions. White told him to stop. White then patted down Smith and felt ahard object
in
Smith's
inside coat pocket.
He
reached
in
the pocket and discovered apistol. Smith did not
have alicense to carry the concealed weapon.
He
was immediately placed under arrest
by
Officer White for carrying acc:mcealed weapon without alicense (Class Amisdemeanor).
Smith was brought to the Concord Police Station. Officer White read him his Miranda rights
from apreprinted form. Smith then signed awaiver
of
these rights.
In
view
ofSinith's
age,
Officer White allowed
him
to call his mother. Smith asked White
if
his mother could come to
the police station after she left work. White agreed and
he
allowed Smith to wait
in
the lobbyfor
his mother.
Smith's
mother arrived about 4hours later.
In
the interim, White provided Smith
with his cell phone to make
any
other calls and aCoca-Cola to drink.
After Smith's mother arrived, White reviewed the Miranda form again with Smith
in
the
presence
of
his mother. Afterreviewing the form and waiving his rights asecond time, Smith
provided adetailed confession to all 7
of
the Peterson Circle burglaries.
Smith has filed aMotion toSuppress the pistol and his confession. You are thejudge presiding
over State v. Smith. Please issue adetailed ruling
on
Smith's Motion to Suppress the pistol and
his confession. I •
10
