A husband and wife owned a home in rural Kentucky. The wife was a homemaker and would do all of the housekeeping and laundry
She often placed clean clothes in her husband's drawers and they both shared one closet. One day, police knocked on the door and asked for consent to search the home for marijuana. The wife, secure in the fact that she had nothing to hide, said yes. Her husband was in the bedroom and unequivocally refused consent to search. The police conducted the search based on the wife's consent and discovered a cache of automatic weapons that had obviously been altered to increase their shooting range in violation of federal law. The husband was charged with federal gun offenses and moved to suppress the guns on the basis that his wife's consent did not override his refusal. If you were the judge, how would you decide the case? Be sure to discuss all applicable legal issues necessary to properly decide the case.
What will be an ideal response?
ANSWER: Answers may vary: Based on a fact pattern similar to Randolph v. Georgia, the U.S. Supreme Court found in the husband's favor since he was on the scene and explicitly refusing. The better question might be, what happens if the husband is not on the scene, is the wife's consent to search common spaces in the home legal - yes.
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Indicate whether the statement is true or false.
Dawn was driving down the road when she spotted a one-car accident and a woman named Sarah on the side of the road. Dawn stopped to call 9-1-1 and began to render aid while waiting on the ambulance. Dawn attempted to perform CPR, but she broke several of Sarah’s ribs in the process. The broken ribs punctured Sarah’s lungs, causing Sarah to go into respiratory failure. Sarah died shortly thereafter. Which of the following is NOT correct?
a. Dawn was obligated to assist Sarah under the American bystander rule. b. Even though Sarah died as a result of the trauma caused by the punctured lung, Dawn’s intervention may be protected under a Good Samaritan law. c. Dawn would have been obligated to assist Sarah under the European bystander rule. d. Depending on what state Dawn is in, state law might require her to assist Sarah.
Jane is being sentenced for the crime of vehicular manslaughter. She got into a car accident one morning while she was texting her boyfriend and driving on her way to work. The judge wants to use Jane as an example that texting while driving is very dangerous. He sentences her to five years in prison, hoping that others will be discouraged from also texting while driving. The goal of Jane's
punishment is: a. deterrence. b. incapacitation. c. rehabilitation. d. restoration.
An institution for incarceration of people convicted of serious crimes, usually felons, is called ___________
Fill in the blank(s) with correct word