This assignment involves Chapter 5 (Constitutional Law) and Chapter 7 (Crime). This assignment is open note, open book, and open slides.
Discuss the constitutional and criminal law implications of this scenario. Please identify the legal issues that are presented by the scenario (Constitutional issues and Criminal law issues), analyze the legal issues in terms of what we have learned in this course, and state how you think a judge would decide. Be sure to explain the reasoning behind your answers. What is most important here is your ability to explain your reasoning. Be thorough. Your answers should be approximately 300-500 words.
I recommend writing your response in Word or some other text program and then pasting it into the response box. That way, you can save your work and you will be less likely to lose it if the website refreshes or internet connectivity is lost.
The assignment will be open from July 12, 2021, at 12:00 am to July 18, 2021, at 11:59 pm. Please complete it by the deadline. I will accept late submissions until July 21, 2021, at 11:59 pm. However, all late submissions will be subject to an automatic 20% point deduction. I will not accept any submissions after July 21, 2021, at 11:59 pm.
Scenario:
Assume that the California coronavirus restrictions are still in place.
Tina owns a restaurant that is struggling to stay in business, and she and a group of friends want to hold a protest of California’s ongoing restrictions on in-restaurant dining. They want to hold their protest in front of Los Angeles City Hall, so Tina applies for a permit. The city clerk tells her that no protest permits at all are being issued for the time being due to concerns about large gatherings and coronavirus transmission.
Tina and her friends decide to hold their protest anyway and show up in front of City Hall the next morning. They begin shouting and marching with their signs held high. Most of the signs are tame and call for fewer restrictions, opening of restaurants, and less government involvement in people’s lives. However, Tina’s friend Sasha, who is sometimes a bit of a loose cannon, is holding a sign that describes the governor performing a sexual act.
The police arrive shortly after the protest starts. Tina and her friends are arrested for protesting without a permit, with Sasha also being arrested for exhibiting obscene material.
The police are particularly interested in Sasha and decide to look into his criminal history a bit. They find that Sasha has been arrested before for drug possession. The police decide they want to look even further and go to Sasha’s apartment while Sasha is still in custody.
As the police walk up to Sasha’s apartment, they see that the door is open and a large box full of smaller boxes labeled “Rolex” is sitting outside next to it. Sasha’s roommate, Carl, walks out just then to get the box, sees the police, and rushes back inside the apartment.
Carl tries to close the door behind him, but the police push it open and follow him. The police place Carl in handcuffs, sit him on the couch, and tell him to be quiet. They see more small boxes stacked up in a corner of the living room. The police proceed to look around the apartment, find that the small boxes contain cheap imitation Rolex watches. On Carl’s computer the police find several downloaded articles about imitation watches and successfully selling on eBay.
The police arrest Carl and take him back to the station. Carl and Sasha are charged with conspiracy to commit fraud and Sasha is shocked. Sasha says he had no idea what Carl was up to and that he (Sasha) just moved into the apartment this week.
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