Students will analyze the following fact pattern and discuss how Miranda v. Arizona and subsequent rulings apply

Students will analyze the following fact pattern and discuss how Miranda v. Arizona and subsequent rulings apply.

Four police officers storm an apartment of a suspected drug trafficker with a history of illegal firearm possession. The officers, exercising a valid search warrant, conduct a quick sweep of the apartment to account for all individuals inside, discovering the suspect in the living room reclining in a chair. The officers immediately handcuff the suspect, place him in an upright position, and explain the reason for being there. Then, the officers asked the suspect, “Is there anything we need to be aware of?” The suspect responds that a loaded semi-automatic pistol is under the bed in the master bedroom. Officers also find nearby, used drug paraphernalia and a box of unused bullets. Over the course of two hours the officers discover various amounts of illicit weapons, drugs, and money throughout the dwelling. After about 45 minutes into the raid, the suspect asks a nearby officer, “Why are you picking on me?” and asks in jest whether he should call his cousin “Vinny the Lawyer”. Another officer proceeds to ask the suspect if there was “more to find”. The suspect says “yes” and then leads them to a closet full of shoeboxes containing cocaine and marijuana. After the second exchange, and two hours after entering the dwelling, one of the officers reads the suspect his Miranda warnings.

The defense attorney has filed a motion to suppress each of the statements made by the suspect and the pistol and shoeboxes containing cocaine and marijuana seized during the execution of the warrant. Please do a 3-4 page memorandum of law evaluating the issues raised and citing appropriate authority and case law in support of your opinion as to whether or not the Court should grant the motion as to the statements and evidence seized. Your memorandum should include a statement of the facts, the issues presented, summary of relevant case law, application of the relevant law to the facts of this case and a conclusion.

Format:

A minimum of 3 (maximum of 4)  full pages of narrative text that responds to the items listed above

Use American Psychological Association (APA) citation format for all narrative and Resource page citations, including judicial rulings.

Double-spaced, 12 font, 1″ margins

Cover Page: student’s name, name and number of the course, name of the project, date of submission

Resource page:  Any resources, including course instructional materials, referenced in this project, using APA citation formatting.

 

Rubric Name: DEFAULT Rubric for CCJS Projects (2162)

Criteria Equivalent to an A Equivalent to a B Equivalent to a C Equivalent to a D or F
Overall content of paper or project. Value: 20 points 20 points

The paper is exemplary. Content of the paper exceeds all information required by assignment, demonstrates critical thinking skills, sophisticated analysis and other perspectives.

Points available: 18-20

17.9 points

Paper indicates effort above and beyond the Project Description in the areas of research, analysis, critical thinking, etc.

Points available: 16-17.9

15.9 points

In general, the content of the paper addresses the information required by the assignment.

Points available: 14-15.9

13.9 points

The overall content of the paper addresses less than the minimal amount of the information required by the assignment. It demonstrates marginal work and does not reflect an understanding of the project.

 

Points available F: 12 – 13.9

Points available F: 0-11.9

Overall analysis and critical thinking Value: 20 points 20 points

Analysis and critical thinking is evident throughout the paper, beyond the requirements in the Project Description

Points available: 18-20

17.9 points

Paper includes evidence of analysis and critical thinking beyond the requirements in the Project Description

Points available: 16-17.9

15.9 points

The analysis and critical thinking is consistant with the requirements in the Project Description

Points available: 14-15.9

13.9 points

The analysis and critical thinking reflected in this paper did not meet the requirements in the Project Description

Points available D: 12-13.9

Points available F: 0-11.9

Responsiveness to Project Description: All elements are included. Value: 10 points 10 points

Assignment is formatted exactly as required.

Points available: 9-10

8.9 points

Assignment is formatted as required with minor/ inconsequential deviations.

Points available: 8-8.9

7.9 points

Assignment mostly formatted as required but missing some required element(s).

Points available: 7-7.9

6.9 points

Assignment is missing major elements,

Points available D: 6-6.9

Points available F: 0-5.9

Responsiveness to Project Description : Application of theory and knowledge to the facts presented, accurate use of terminology, etc. Value: 10 points 10 points

Excellent understanding and application of theory and knowledge to the facts.

Terminology is correct in all uses.

Points available: 9-10

8.9 points

Clear application of theory and knowledge to the facts.

Most terminology references are correctly applied.

Points available: 8-8.9

7.9 points

Application of theory, knowledge and terminology indicate understanding of the concepts and focus of the project

Points available: 7-7.9

6.9 points

Theory and knowledge does not apply to the facts presented.

Use of terminology indicates a lack of understanding of the concepts and focus of the project

Points available D: 6-6.9

Points available F: 0-5.9

 

Responsiveness to Project Description: Organization. Value: 10 points 10 points

Organization is relevant to topic, clear and understandable with logical flow that makes the project easier to follow.

Points available: 9-10

8.9 points

Organization is clear and does not distract from the project’s content.

Points available: 8-8.9

7.9 points

Organization presents some MINOR distractions from the project’s content.

Points available: 7-7.9

6.9 points

Organization lacks relevance, is unclear, difficult to understand, or logic is missing that causes distraction for the reader.

Points available D: 6-6.9

Points available F: 0-5.9

Formatting, references, and APA citations Value 15 points 15 points

Assignment is formatted exactly as required, all required citations and references are present and APA standards are followed in every respect.

Points available 13.5-15

13.4 points

Assignment is formatted as required with minor/ inconsequential deviations, resource requirements are met, citations and references are present and APA standards are followed.

Points available: 12-13.4

11.9 points

Assignment mostly formatted as required but missing some required elements/ sources or some APA errors are evident.

Points available: 10.5-11.9

10.4 points

Assignment is missing major elements, lacks required sources or APA is not followed however a different citation method is used correctly.

Points available D: 9.0 – 10.4

Points available F: 0-8.9

General Grammar/Mechanics Value 15 points 15 points

No or minor English and grammar usage errors.

Points available 13.5-15

13.4 points

A few minor/ inconsequential mistakes in English and grammar.

Points available 12-13.4

11.9 points

Some, but acceptable mistakes in English and/or  grammar.

Points available: 10.5-11.9

10.4 points

Many mistakes evident in English/grammar usage.

Points available D: 9.0 – 10.4

Points available F: 0 – 8.9

 

Overall Score Equivalent to an A
90 or more
Equivalent to an B
80 or more
Equivalent to an C
70 or more
Equivalent to a D or an F
0 or more

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