Assume Peter is a Mexican-American. The prosecutor decides to systematically exclude Mexican-Americans from the grand jury pool. Which of the following statements is true?

Question

Peter Pleuresy is a professional athlete. He commits a gun crime in New York City and
then flees to Georgia. He is arrested there by local authorities on an unrelated drunk and
disorderly charge. Georgia authorities realize he is wanted in New York and arrange to
transport him there after he spends one night in a local jail for the drunk and disorderly
matter. Shortly after his arrival in New York City, Peter sits before a grand jury. At the
grand jury proceeding, prosecutors introduce evidence seized from Peter’s home before
police acquired a warrant. Prosecutors admit that this evidence was taken in violation of the
4th Amendment, but use it anyway. The 23 jurors on the grand jury vote unanimously to
indict.

a. Prosecutorial discretion in these matters has been protected by the Supreme Court in
grand jury proceedings and in trials.
b. There is Supreme Court case law which Peter’s lawyers might be able to use as grounds
for appeal on this matter
c. There is no case law that prohibits this practice in a grand jury setting.
d. All of these statements are true.

Answer 1

Answer: B