Facts John, age 16 was standing in front of the park across the street from his building. He sees his friend Frankie pull up in a 2018 BMW X6 in front of the building. John walks over to the car and leans in to the vehicle on the driver’s side. In the front passenger seat of the vehicle, is Willie, a friend of both John and Frankie. John reaches over and gives Willie dap. John then walks away from the vehicle and returns to his other group of friends across the street in the park. As Frankie begins to drive off, unmarked police vehicles surround the car and undercover officers order Frankie and Willie out of the car and place them in handcuffs, frisk them and put them in the back of the unmarked car. The officers then demand the password to Frankie and Willie’s cell phones and begin scrolling through the pictures and social media accounts. Nothing illegal is found on Frankie or Willie. Sgt. McGhee, a 15 year veteran and the head of the undercover officer task force, begins to question Frankie as to where he is going, what is he doing in this neighborhood and asks him if he can search the car. Frankie does not give his consent to the search. Frankie and Willie are let go and they drive away. At the same time, Undercover Officer Smith runs across the street and grabs John and frisks him. During the frisk, Officer Smith asks John, “where are the drugs,” to which John states, “What drugs?” and “I know my rights, I want a lawyer.” Although no drugs were found on John’s person, $88 dollars and a switchblade are found in his pocket. John is placed in handcuffs. Upon running John’s identification, it is determined that there is a warrant out for his arrest for an armed robbery committed several months before. John is arrested for possession of a weapon in the fourth degree. (P.L. 265.01(1) – a Class A Misdemeanor). At the precinct, John is questioned about the robbery. Officer Smith informs John that if he confesses to the robbery he will work to get him a better deal. John refuses initially, but decides to sign the statement after 12 hours of questioning, being placed in a cell, being given no food and not being allowed to use the bathroom. In the signed statement, John details how he committed the robbery and where to find the weapon he used to commit the robbery. Two witnesses to the robbery are called to the precinct and John is placed in a line up. Both witnesses identified John as the person who committed the robbery. John’s Miranda rights are read to him and he places his confession on video. John is charged with robbery in the 2nd Degree. (P.L. 160.10(2)(b)- a Class C Felony). At the arraignment, John is assigned an attorney and John’s bail is set at $50,000, cash or bond, with an examination of surety. John is indicted after the case is presented to a Grand Jury. He has filed a motion to suppress the evidence. Answer the following questions 1. What constitutional arguments might John have for suppression of evidence? Which evidence? 2. Would your opinion change if Frankie or Willie had first been found with marijuana in the vehicle prior to John being grabbed and frisked? 3. What if John had stated to Undercover Officer Smith, during the search, I have a knife. Should this statement be suppressed? 4. Could Sgt. McGhee have searched Frankie’s vehicle even though he did not give him his consent? 5. Did the officers have the right to search Frankie and Willie’s cell phones? 6. When should John have been assigned an attorney? Been read his Miranda Warnings? 7. What would be the Speedy Trial time for John’s felony charges? 8. What would be the Speedy Trial time for John’s Misdemeanor charges? 9. What factors would you need to determine if John’s bail was excessive? 10. Does John’s age matter in this fact pattern? If so, why?
