Students will analyze the following fact pattern and discuss how Miranda v. Arizona and subsequent rulings apply

| March 14, 2016

Question
Students will analyze the following fact pattern and discuss how Miranda v. Arizona and
subsequent rulings apply.
Four police officers storm an apartment of a suspected drug trafficker with a history of illegal
firearm possession. The officers, exercising a valid search warrant, conduct a quick sweep of the
apartment to account for all individuals inside, discovering the suspect in the living room
reclining in a chair. The officers immediately handcuff the suspect, place him in an upright
position, and explain the reason for being there. Then, the officers asked the suspect, “Is there
anything we need to be aware of?” The suspect responds that a loaded semi-automatic pistol is
under the bed in the master bedroom. Officers also find nearby, used drug paraphernalia and a
box of unused bullets. Over the course of two hours the officers discover various amounts of
illicit weapons, drugs, and money throughout the dwelling. After about 45 minutes into the raid,
the suspect asks a nearby officer, “Why are you picking on me?” and asks in jest whether he
should call his cousin “Vinny the Lawyer”. Another officer proceeds to ask the suspect if there
was “more to find”. The suspect says “yes” and then leads them to a closet full of shoeboxes
containing cocaine and marijuana. After the second exchange, and two hours after entering the
dwelling, one of the officers reads the suspect his Miranda warnings.
The defense attorney has filed a motion to suppress each of the statements made by the suspect
and the pistol and shoeboxes containing cocaine and marijuana seized during the execution of
the warrant. Please do a 3-4 page memorandum of law evaluating the issues raised and citing
appropriate authority and case law in support of your opinion as to whether or not the Court
should grant the motion as to the statements and evidence seized. Your memorandum should
include a statement of the facts, the issues presented, summary of relevant case law, application
of the relevant law to the facts of this case and a conclusion.
Format:
A minimum of 3 (maximum of 4) full pages of narrative text that responds to the items
listed above
Use American Psychological Association (APA) citation format for all narrative and
Resource page citations, including judicial rulings.
Double-spaced, 12 font, 1″ margins
Cover Page: student’s name, name and number of the course, name of the project, date of
submission
Resource page: Any resources, including course instructional materials, referenced in
this project, using APA citation formatting.

Rubric Name: DEFAULT Rubric for CCJS Projects (2162)

Criteria

Equivalent to an Equivalent to a Equivalent to a Equivalent to a
A
B
C
D or F
13.9 points

Overall content of
paper or project.
Value: 20 points

The overall
20 points
content of the
17.9 points
paper addresses
less than the
The paper is
15.9 points
minimal amount
exemplary. Content Paper indicates
of the
of the paper
effort above and
information
exceeds all
beyond the
In general, the
required by the
information
Project
content of the
assignment. It
required by
Description in paper addresses
demonstrates
assignment,
the areas of
the information
marginal work
demonstrates
research,
required by the
and does not
critical thinking analysis, critical assignment.
reflect an
skills, sophisticated thinking, etc.
understanding of
Points
analysis and other
Points
available: 14-15.9 the project.
perspectives.
available: 16Points
17.9
available: 18-20
Points available
F: 12 – 13.9
Points available
F: 0-11.9

Overall analysis and 20 points
17.9 points
critical thinking
Value: 20 points
Analysis and
Paper includes
critical thinking is evidence of
evident throughout analysis and
the paper, beyond critical thinking
the requirements in beyond the
the Project
requirements in
Description
the Project
Description
Points

15.9 points

13.9 points

The analysis and The analysis and
critical thinking is critical thinking
consistant with reflected in this
the requirements paper did not
in the Project
meet the
Description
requirements in
the Project
Points
Description
available: 14-15.9

available: 18-20

Points available
D: 12-13.9

Points
available: 1617.9
8.9 points

Points available
F: 0-11.9
7.9 points

6.9 points

Assignment
mostly formatted
as required but
missing some
required
element(s).

Assignment is
missing major
elements,

Points
available: 7-7.9

Points available
F: 0-5.9

10 points
Assignment is
Responsiveness to
formatted as
Project Description: Assignment is
required with
All elements are
formatted exactly
minor/
included. Value: 10 as required.
inconsequential
points
Points available: 9- deviations.
10
Points
available: 8-8.9

Points available
D: 6-6.9

6.9 points
8.9 points
10 points

7.9 points

Clear
Excellent
application of
Responsiveness to
Project Description : understanding and theory and
knowledge to
Application of theory application of
theory and
the facts.
and knowledge to the
knowledge to the
facts presented,
Most
facts.
accurate use of
terminology
terminology, etc.
Terminology is
references are
Value: 10 points
correct in all uses. correctly
applied.
Points available: 910
Points
available: 8-8.9

Responsiveness to
10 points
Project Description:
Organization. Value:
Organization is
10 points
relevant to topic,
clear and

8.9 points

Theory and
knowledge does
not apply to the
facts presented.

Application of
theory, knowledgeUse of
and terminology terminology
indicates a lack
indicate
understanding of of understanding
the concepts and of the concepts
and focus of the
focus of the
project
project
Points
available: 7-7.9

Points available
D: 6-6.9
Points available
F: 0-5.9

7.9 points

Organization is Organization
clear and does presents some
not distract from MINOR

6.9 points
Organization
lacks relevance,
is unclear,

understandable
with logical flow
that makes the
project easier to
follow.

the project’s
content.

difficult to
understand, or
logic is missing
distractions from that causes
the project’s
distraction for
content.
the reader.

Points available:
Points available: Points available
8-8.9
Points available: 97-7.9
D: 6-6.9
10
Points available
F: 0-5.9
13.4 points
15 points
Assignment is
formatted exactly
as required, all
Formatting,
required citations
references, and APA
and references are
citations Value 15
present and APA
points
standards are
followed in every
respect.
Points available
13.5-15

10.4 points

Assignment is 11.9 points
formatted as
required with
Assignment
minor/
mostly formatted
inconsequential
as required but
deviations,
missing some
resource
required
requirements are
elements/
met, citations
sources or some
and references
APA errors are
are
evident.
present and APA
standards are
Points available:
followed.
10.5-11.9
Points available:
12-13.4

General
15 points
Grammar/Mechanics
Value 15 points
No or minor
English and
grammar usage
errors.
Points available
13.5-15

Assignment is
missing major
elements, lacks
required
sources or APA
is not followed
however a
different citation
method is used
correctly.
Points available
D: 9.0 – 10.4
Points available
F: 0-8.9

13.4 points

11.9 points

10.4 points

A few minor/
inconsequential
mistakes in
English and
grammar.

Some, but
acceptable
mistakes in
English and/or
grammar.

Many mistakes
evident in
English/grammar
usage.

Points available Points
12-13.4
available: 10.511.9

Points available
D: 9.0 – 10.4
Points available
F: 0 – 8.9

Overall Score

Equivalent to an Equivalent to
A
an B
90 or more
80 or more

Equivalent to an Equivalent to a
C
D or an F
70 or more
0 or more

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