Essay Instructions: essay that answers the following question in no more than five word-processed (double-spaced) pages. The question has several parts, but you should answer it in a continuous narrative, as if it were a single question. Start a new paragraph when beginning your answer to a new part of the question, but otherwise the answer should flow as one continuous document.
Officer Hardbutt is not finished with Harry Hiphop. Hardbutt is convinced that Harry is a major drug dealer in and around the Town of Woodchuck. While driving through town one afternoon, he saw Harry, who dropped out of school two years ago, talking to three teenage girls near Woodchuck Central High School. The girls had green, blue, and purple hair, respectively, and wore rings in their bellybuttons. “They look like burnouts and stoners to me,” Hardbutt thought to himself. “I’d better bring that punk Harry in for questioning.” Hardbutt parked his car, got out, and walked over to Harry. Saying, “you’re coming with me, punk,” he grabbed Harry roughly by the arm, walked him briskly to the squad car, and pushed him into the back seat, where he patted Harry down and discovered a small breath-mints container with several partially smoked marijuana cigarettes in it. He then drove Harry to the State Police Barracks, where he interrogated him for six hours without letting him eat, sleep, or go to the bathroom. Harry asked to speak with a lawyer, but Hardbutt ignored the request and continued to interrogate him. Finally, Harry, who was scared, exhausted, and thoroughly intimidated, admitted that he kept “a small stash” of cocaine and methamphetamine hidden in the hayloft of his parents’ barn. Hardbutt drove Harry to the barn, and Harry showed him where the drugs were. Hardbutt promptly confiscated the drugs and arrested Harry for possession with intent to sell. While leaving the property, Hardbutt noticed a freshly killed deer hanging on a hook attached to the barn. Hardbutt asked Harry if he had killed the deer, which had been shot out of season. Harry admitted killing the deer, so Hardbutt also charged him with hunting illegally.
You are Harry’s attorney. You have filed a motion to prevent the marijuana cigarettes, Harry’s confession, the cocaine and methamphetamine, and the deer carcass from being introduced as evidence at Harry’s trial. Assess your prospects for success by answering the following questions:
1. What is the likelihood, at the preliminary hearing, that the magistrate will admit the marijuana cigarettes into evidence? Explain your reasoning. Be sure to counter the State’s likely argument.
2. What is the likelihood that the magistrate will admit Harry’s confession into evidence? Explain your reasoning. Be sure to counter the State’s likely argument.
3. What is the likelihood that the magistrate will admit the cocaine and methamphetamine into evidence? Explain your reasoning. Be sure to counter the State’s likely argument.
4. What is the likelihood that the magistrate will admit the deer carcass into evidence? Explain your reasoning. Be sure to counter the State’s likely argument.
5. Are your prospects for success better or worse today than they would have been in 1960? Explain your reasoning.