Description
William was driving down Route 208 on his way home from work when he ran a red light. William was subsequently pulled over by a police officer who requested his license and registration. William was unable to locate his license or registration.
The officer asked William to step out of his vehicle and sit on the curb and he subsequently proceeded to search his vehicle. During the search, the officer found an ounce of marijuana and two handguns in the trunk. Accordingly, William was arrested and taken to the police station for questioning and processing.
The arresting officer brought William in a room and began questioning him. William was extremely nervous and admitted that although the pistol and marijuana were not his, he was holding them for a friend. William was subsequently provided Miranda warnings and thereafter he noted that he did not want to speak without an attorney present.
William retained your firm to assist with his defense after he was charged with unlawful possession of a weapon and possession of marijuana. Your supervising attorney requests that you IRAC the following issues, applying NJ law:
1. Was the search and seizure lawful?
2. Can the admission of guilt be suppressed based on the Miranda rule?
3.How is the term “claim” defined in National Park Services regulations dealing with minerals management? Include the CFR citation.
4.What are the statutory of fraud elements under NJ law?
5.Provide a case brief for the landmark 1966 case that discusses the Miranda Rule.