1. Explain the Plain View Doctrine and how it applies to searches without a warrant.
2. Jenny and Tom had been dating for several months when they got into an argument. Tom said something hurtful, and Jenny grabbed a kitchen knife and stabbed him multiple times, resulting in his death. At trial, the prosecutor charged Jenny with first-degree murder.
Did Jenny commit first-degree murder, and did she act with premeditation? Explain your reasoning.
3. For the above fact pattern, give me an example of 2 facts, that if known would be more likely to establish pre-meditation and 2 facts, that if known would be more likely to establish a lack of intent.
4. The police come to Marlene’s sorority house because they are investigating the disappearance of her boyfriend, Fred. Marlene begins to answer their questions, but then gets embarrassed having all of the sisters seeing her being questioned by police, so she asks to talk to them in an empty study room at a nearby building instead. The police drive Marlene in their car to the study room, but it is locked so they suggest the police station instead, to which she agrees. While driving, Marlene tells the police about the last time that she saw Fred. They got in a huge fight and she said that she never wanted to see him again. At the station, the police escort Marlene to one of their interview rooms on the 5th floor then leave her alone. Marlene needs to use the restroom, so she walks down the hallway, then comes back. After about 45 min the police bring Marlene a snack and ask her more questions about her life and relationship. About an hour into the conversation, the police start bringing up the fact that Fred is dead and they think she knows something about the homicide. Marlene shares that she told her brother about the fight and knew that her brother was going to confront Fred. They then excuse themselves again and let her know that she has a long night ahead, so if she needs to take another bathroom break, now is a good time. She goes to the bathroom again, then tries to go into the stairwell to head out for a smoke break. The door is locked. She heads back to the room and waits for 3 hours for the cops to come back. Due to poor cell signal, she was unable to call anyone. The police talk to her again about her brother and her relationship, then read Marlene her Miranda rights before confronting her with evidence that she was at the scene of the crime.
4a. At what point is Marlene likely in custody? explain your analysis
4b. At what point is Marlene being interrogated? explain your analysis
4c. Are any of the statements inadmissible? Which ones and why?
