You are working as a summer intern at the Law Offices of Ramsay & Wilson in Newark, New Jersey. Your supervisor is Dana Kitch, who has recently joined the firms criminal litigation group as an associate. Dana graduated passed the New Jersey and New York Bar exams just before joining the firm. The forms services clients in both states. A number of her cases involve what she describes to you as 4th Amendment issues. She summarizes these cases to you in an email, as set out below. *** To: Summer Intern From: Dana Kitch Re: 4th Amendment Cases Dana, here. Below is a summary of the cases I mentioned to you in our conference call yesterday. Draft a memorandum answering all of my questions, using appropriate form and authorities. Thanks! Q.1) Cindy Miller Cindy works at the designer watch department at Macys in NYC. She has been making extra cash by selling back of the truck, Dolce and Gabanna watches. Last week Cindy planned to travel to visit her sister, Rita, in Orlando, Florida. Cindy packed ten D&G watches in her suitcase, tucked in-between layers of her clothes, and headed to JFK airport. Cindy checked her suitcase at the Delta Airlines desk, passed through security, and headed to her gate. Transport Security Administration (TSA) pulled Cindys suitcase backstage for a random spot check. They unlocked her case and found the watches. TSA Officer Washington, who has 6 months service, conducted the search and seizure. Cindy has been charged with handling stolen goods and is facing a prison sentence due to the value of the watches. Random suitcase checks are routine and part of TSA policy. Q.2) Mark Upshaw Mark is a Sous Chef at a fine dining restaurant, City Lights, in Jersey City. Last week he finished his shift at City Lights at 1am. He then went to the Rooster Bar and had two pints of beer with his friend Todd. He then gave Todd a ride to his apartment. On route to Todds apartment the pair stopped at an empty warehouse and decided to smoke a joint on the parking lot. They left the parking lot and continued to Todds apartment, but just before they pulled into the complex a police car began tailing them. Mark was going 40 in a 30 zone. Mark pulled the car over. Officer Parker approached the car and ask Mark to wind down 2 2018/19 Assessment Point 1/2/3 the windows. A strong odor of marijuana emanated from the car. Officer Parker conducted a search of the vehicle for drugs and found 3 rolled joints. Mark and Todd have been charged with related drug offences. Q.3) Gordon Scott Scott is a radio broadcaster in Newark. Last weekend he went to The Nickel and Dime nightclub with his friend, Jamie Duke. The Nickel and Dime operates a pat-down and search policy before patrons enter the club. This is made clear on a sign outside the club. Last weekend, a famous DJ, DJ Kicks, was playing at the club, so the private security doorman, JJ, was being supported by a uniformed and armed off-duty police officer, Officer Kirk. Scott and Duke got in line. Duke was patted down and permitted entry. Scott was patted down and the doorman, JJ, felt a lump in his front jacket pocket. JJ asked Scott what was in his pocket and went to place his hand on the pocket again. Scott pushed JJs hand away and didnt answer the question. Officer Kirk intervened, told Scott to put his hands above his head, and held them there. JJ reached into Scotts pocket and pulled out a bag containing pills that presented as ketamine. Officer Kirk took custody of the pills. Questions 1. Given TSA did not have a warrant, are the watches admissible evidence against Cindy? 2. Does the warrantless search of Marks vehicle fall under the plain view doctrine? 3. Is the drug evidence admissible against Gordon Scott?
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