Answers to Winter 2017
California Bar Exam Questions

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Winter 2017 Bar Question 6

Crimes, Criminal procedure

  Question
 

Ivan, an informant who had often proven unreliable, told Alan, a detective, that Debbie had offered Ivan $2,000 to find a hit man to kill her husband, Carl.

On the basis of that information, Alan obtained a warrant for Debbieís arrest. In the affidavit in support of the warrant, Alan described Ivan as ďa reliable informantĒ even though Alan knew that Ivan was unreliable.

Alan gave the arrest warrant to Bob, an undercover police officer, and told Bob to contact Debbie and pretend to be a hit man.

Bob called Debbie, told her he was a friend of Ivan and could do the killing, and arranged to meet her at a neighborhood bar. When the two met, the following conversation ensued:

Bob: I understand you are looking for someone to kill your husband.

Debbie: I was, but I now think itís too risky. Iíve changed my mind.

Bob: Thatís silly. Itís not risky at all. Iíll do it for $5,000 and you can set up an airtight alibi.

Debbie: Thatís not a bad price. Let me think about it.

Bob: Itís now or never.

Debbie: Iíll tell you what. Iíll give you a $200 down payment, but I want to think some more about it. Iím still not sure about it.

When Debbie handed Bob the $200 and got up to leave, Bob identified himself as a police officer and arrested her. He handcuffed and searched her, finding a clear vial containing a white, powdery substance in her front pocket. Bob stated: ďWell, well. What have we got here?Ē Debbie replied, ďItís cocaine. I guess Iím in real trouble now.Ē

Debbie has been charged with solicitation of murder and possession of cocaine. 1. How should the trial court rule on the following motions:

a) To suppress the cocaine under the Fourth Amendment? Discuss.

b) To suppress Debbieís post-arrest statement under Miranda? Discuss.

2. Is Debbie likely to prevail on a defense of entrapment at trial? Discuss.

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Analysis

Crimes, Criminal procedure
Question 6, Winter 2017

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