Assignment Question
Read questions carefully to identify all constitutional law issues. Point out the applicable law with respect to each identified issue. Analyze the issues based on the facts of the question by applying relevant laws. Do not copy the questions. You need to organize your writing in the form of an essay. There is no requirement as to how long the essay has to be. The requirement is that you need to sufficiently discuss the issues and well organize your essay. Grading criteria Whether you have identified all the issues; Whether you have applied the correct law or legal rules; Whether you have properly analyzed the issues based on the facts and the applicable law; Whether your essay is well written and well organized. Question 1 Aaron and Bob broke into five electronic stores within a month and stole a number of i-phones. Two months after the crime, the police arrested Bob. Bob made a confession. He told the police that it was Aaron’s idea to commit the crime. He gave the police Aaron’s cell-phone number. On the ground that the information was necessary for a criminal investigation, the police asked Aaron’s wireless carrier to provide the cell site location information (CSLI) of Aaron’s phone. The CSLI indicates that Aaron’s phone was near the robbed stores on all five occasions. The prosecution intends to use this evidence at Aaron’s trial. The defense objects to the evidence, claiming that the police access to the CSLI without a warrant violated Aaron’s Fourth Amendment rights. Bob told the police that Aaron was also involved in drug dealings and money laundering. The police asked Bob to work as informant. The police concealed a radio transmitter on Bob’s person. Bob went to Aaron’s house and had a conversation with him. Aaron told Bob about his recent drug dealings. The conversation was transmitted to the police. The prosecution intends to use the conversation at Aaron’s trial. The defense objects, claiming that the electronic surveillance violated Aaron’s legitimate expectation of privacy and it was in violation of the Fourth Amendment. To investigate Aaron’s drug dealings, the police followed Aaron’s car for two weeks and took pictures that showed Aaron’s involvement in drug dealings. But the police on two occasions lost track of Aaron. The police decided to install a GPS unit in Aaron’s car so that they may better track Aaron’s movements. Without obtaining a warrant, the police got into Aaron’s car and installed a GPS unit. With the aid of the unit, the police caught Aaron in an act of drug transaction and seized a large amount of drugs. The defense claims that the police surveillance of Aaron’s movements violated Aaron’s legitimate expectation of privacy and requests exclusion of the evidence obtained. To investigate Aaron’s involvement in money laundering, the police requested Aaron’s bank to provide Aaron’s monthly statements, deposit slips, and cancelled checks. The police did not obtain a warrant. Instead they requested the records on the ground that the bank records were needed for an on-going criminal investigation. The bank provided the records, which the prosecution intends to use at Aaron’s trial. The defense objects, claiming the police access to the records violated Aaron’s legitimate expectation of privacy. After Aaron’s arrest, the police interrogated him for his involvement in various crimes. The police issued him the Miranda warnings. Aaron indicated that he understood his rights but made no indication whether he wanted to exercise the right to remain silent. The police interrogated him for three hours. Aaron did not answer any questions. One officer then said: “You’ve been here for a long time. Why don’t you talk to us and your wife can come to visit you?” Upon hearing this, Aaron made a confession. The prosecution intends to use Aaron’s confession at trial. The defense objects on the ground that the police violated Aaron’s right to remain silent.
