Please review the Search and Seizure Problem in Appendix A of your textbook [p. 375]. Use the information from Appendix A to prepare a Law Office Memo [ONE document] addressing the following three points:
1. Using United States v. Chanthasouxat, 342 F.3d 1271 (11th Cir. 2003) [Appendix A of your textbook] discuss whether a court would hold that stopping Mike Cooper’s car [fact pattern found on page 30 – Joshua Smeek] was constitutional. Your answer should state specifically the rule of law from Chanthasouxat and what made the Smeek facts different from and similar to the facts in Chanthasouxat. Do not forget to reach a conclusion.
2. Using18 U.S.C. § 2510 (West 2007) [Appendix A of your textbook-p. 375] and United States v. McKinnon, 985 F.2d 525, [See Document in Final Exam Folder] discuss whether a court would suppress the conversation recorded by the police officer. Your answer should state specifically the rule of law from McKinnon and what made the Smeek facts different from and similar to the facts in McKinnon. Do not forget to reach a conclusion.
3.Using Brendlin v. California, 127 S. Ct. 2400 (2007), discuss whether a court would hold that the officer had probable cause to arrest Smeek. Your answer should state specifically the test to determine whether there was probable cause from Brendlin and what made the Weiss facts different from and similar to the facts in Brendlin. Do not forget to reach a conclusion.
If you have any questions regarding the proper style of your memo, please refer to Chapter 13 of your textbook [pgs.308-330.]
Additional formatting directions:
Make sure your Law Office Memo [one memo addressing all 3 points] contains the following sections:
1. Facts
2. Issues [for each issue]
3. Answers [for each issue]
4. Reasoning [for each issue]
5. Separate Reasoning and Conclusion for each issue.
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