Memorandum of Law Discussion Assignment
3/20/2020 10:27:26 AM
Number Of Pages:
1 Double-spaced (300 words)
Number Of Sources:
Type of Document:
Admission Services-Admission Essay
PLEASE READ AND FOLLOW ALL DIRECTIONS: In the chapter 14 module, you read the Charging Affidavit, the Affidavit of Mary Whittaker, the Whittaker transcript and the Poole, Mendenhall, and Gipson cases. Discuss the following by answering each question: Explain how Poole, Mendenhall, or Gipson is similar to the Mary Whittaker case. Explain how Poole, Mendenhall, or Gipson is dissimilar to the Mary Whittaker case. How would you argue a consensual encounter using Poole, Mendenhall, or Gipson and applying it to the Mary Whittaker case? How would you argue a stop using Poole, Mendenhall, or Gipson and applying it to the Mary Whittaker case. Note: Please only use facts contained in the above listed documents. You must write a complete and quality post and a complete and quality reply to another student’s post. When you write your post choose one of the cases above. When you write your reply, choose a student’s post that discussed a different case than the one you wrote in your post. So your post and reply will discuss different cases (not the same case). For the reply to another student: use this one: which means the original response can’t be the same person. 1. Mendenhall is similar to Whittaker in some of their facts and issues. As for their facts, both defendants were stopped by officers under suspicions of drug possession. Both defendants complied with the officers’ instructions, and gave permission to be searched. As for the issues, both cases deal with a violation of 4th amendment search and seizure rights. The cases also take into account the defendant’s perception of the officers’ behavior. Both courts take into account whether the defendants knew they had the right to leave or not comply, the officers’ behavior, and the defendant’s perception of the officers. The courts in both cases discuss whether the officers’ behavior constituted as coercion. 2. Mendenhall and Whittaker differ in some facts and issues. In Mendenhall, the officers told the defendant multiple times that she did not have to consent to be searched. In Whittaker, however, the officers simply commanded the defendant to “search herself.”” While the defendant in Mendenhall had no prior encounters with the officers in the case
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