Legal Analysis Memorandum

| June 19, 2015

Legal Analysis Memorandum

Project instructions:
Legal Analysis Memorandum

Pretend you are a new associate at a criminal defense firm in Washington DC. Write a three-page internal memorandum to your supervising attorney regarding the legal issues of this particular fact pattern (see the memorandum from your supervisor below). Structure your paper as follows:

Focus your analysis on the Fourth Amendment and its right-to-privacy aspects.

Using the criminal statute provided, compare the five legal cases indicated below using only the links supplied below with the facts to determine whether the rules from those cases apply to the facts. It is a given that the criminal statutes provided apply.

In addition, use your textbook (Criminal Law for the Criminal Justice Professional Norman M. Garland, 2012), include at least once (one citation) as secondary source material to support your explanation of the issues of this fact pattern or to support your legal opinion. No other material should be used for this assignment.

Structure the body of your memo to the supervising attorney using the IRAC method:

I. Issue: Explain the material facts presented in the memo from the supervising attorney, and clearly state whether the drugs and/or guns found should be admissible or not.

II. Rule: Address the relevant criminal procedure issues, the applicable fundamental rights established by the Fourth Amendment, and the issues and rules clarified in the case law given that are relevant to whether the drugs found on Mr. Blake should be admissible or not. (e.g., stop and frisk, plain view)

III. Analysis: Using the relevant facts presented, determine whether or not they meet the requirements set out in the DC Code, the amendments, or Mapp v. Ohio and Minnesota v. Carter regarding the admissibility of evidence (drugs and guns) in the criminal prosecution against Mr. Blake.

IV. Conclusion: Restate your legal opinion.

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