On April 1, 2010, Jim Williams approached Officer Jack Bauer to tell him that he

For This or a Similar Paper Click Here To Order Now

On April 1, 2010, Jim Williams approached Officer Jack Bauer to tell him that he had reason to believe his tenant; Carol Parker was selling drugs out of the townhouse she rented from him. He stated that his house was directly across the street and he could observe people gong in and out of the house all afternoon and into the night. He also stated that she would also go to the park every day at 5 p.m. to sell drugs. He gave Officer Bauer a key to the townhouse and told him he could use it to search the house at any time, but that he did not want to get further involved and wanted to remain anonymous because he was afraid of Parker’s “drug buddies.” Officer Bauer takes the report, runs a criminal background check on Carol Parker and discovers a conviction for shoplifting and possession of marijuana in 2001.
Officer Bauer then observed Ms. Parker for 3 days. Each day Ms. Parker went to the park at 5 p.m. and stood under a tree near the bleachers of the local youth baseball field. He observed many of the people attending the games speak to her, but observed no transactions or exchanges. Ms. Parker always left at 6 p.m., before the games had ended. During the three days, Officer Bauer also observed two different young men enter her home each day; one at about 1 p.m. and the other at about 7 p.m., each staying only about 10-15 minutes.
On the 4th day, Officer Bauer stops Ms. Parker just as she reaches her front steps returning from the park at 6 p.m. He asks her what she was doing at the park and she says “nothing.” He states that he’s seen her go there every day and has been told that she is selling drugs, and she says she likes to watch the games. He asks who the two people are who come to her house every day, and she answers that they are her nephews. He asks why they come there every day at the same time and she answers “It’s none of your business.” He says he has heard that she’s selling drugs out of her house and he’ll leave her alone if she will let him in to look around. She says “Not without a warrant.”
Suspicious of her lack of cooperation, Officer Bauer turns Ms. Parker around and pushes her against the door. He pats her down and finds nothing, but opens her purse and finds a syringe and a handgun. He places her under arrest for possession of drug paraphernalia and having a concealed weapon, both misdemeanors. He then says, “Now let’s see what’s inside.” Produces the key from Mr. Williams, unlocks the door and enters the townhouse.
She says, “Since you’re already inside, my prescription for the syringes and insulin, and my permit for the weapon are in the top, right drawer of the desk by the door. My nephews come here every day to help me with my insulin injections.” Officer Bauer finds the prescription and the weapons permit in the drawer. Angry, he says, “Since you gave me permission to look in your desk, let’s see what else is in here.” He checks through all the other drawers in the desk, finding nothing until he reaches the bottom, left-hand drawer, where he finds a sealed envelope marked “private.” He opens the envelope and finds two photographs of what appear to be underage children engaging in sexual activity.
Officer Bauer then says, “Now you’re under arrest for these.” (Ms. Parker is still in handcuffs, standing by the open door. By now a small crowd has gathered outside.) Officer Bauer then turns on the computer, and soon finds a file marked “Kidz Pics” which contains more photos of child pornography. He then searches the rest of the house, asking some of the neighbors to help. In the bedroom closet, they find a box containing more photos and CDs which also turn out to be child pornography.
That evening, the county prosecutor, Will Phong, goes on the evening news. Standing in front of the townhouse, along with Officer Bauer and some of the neighbors who helped in the search, he says; “Thanks to this officer’s excellent police work and these concerned neighbors, we’ve broken up the largest child porn ring in the state.” Ms. Parker is charged with possession of a concealed weapon, a misdemeanor, and possession of child pornography, a felony.
Question 2.
Using the scenario described inabove, and assuming the accused is to be tried on the Concealed Weapon Charge ONLY, without a change of venue; how should the judge rule on the following:
A challenge for cause, by the defense, to jurors who had heard of the case prior to trial. Would it make a difference if they claimed they had or had not formed an opinion as to guilt of the defendant?
An objection to the introduction of information about the defendant’s prior criminal convictions during Officer Bauer’s testimony on direct examination as to why he searched Ms. Parker’s purse.
A motion by the prosecution to exclude all witnesses during testimony, except the accused.
An objection by the prosecution to a proposed jury instruction that the jury must find, beyond a reasonable doubt, that the defendant intended to conceal the handgun in her purse.
State your reasons for each ruling.

For This or a Similar Paper Click Here To Order Now