THE FOURTH, FIFTH, AND SIXTH AMENDMENT Jon, a 20 year old shoe salesman, and Jasmine, a 18 year old high school student, decide to rob a Radio Shack. On Tuesday night, they drove to the RadioShack in a blue sedan with a missing bumper. They robbed the store, taking money from the safe and filled 3 bags full of electronics, such as cell phones, iPods, and boxes of printers. They accidentally set off the store alarm and ran out of the store with the bags. At the same time, Steve passed by walking his dog, and saw the blue car pulling out of the parking lot and driving away eastbound. A few minutes later, the police arrived responding to the alarm. They saw Steve with his dog and stopped him to ask if he saw anything. Steve did not like the manager at RadioShack and told the police that he saw three people in a red corvette driving westbound. Jasmine goes to Central High School. The school has a policy that the students are not allowed to bring cell phones to school. Jasmine thought that she would be able to make a lot of money selling the cell phones that she stole to the students at the school. So on Thursday morning, she brought 10 cell phones to school and put it in her locker. Larry, another student at the school, saw the cell phones and told the Vice Principal that Jasmine had cell phones in her locker. The Vice Principal approached Jasmine and asked her to open the locker because its been reported that she has cell phones. Jasmine refuses and says that the Vice Principal has no right to search the locker without a warrant. The Vice Principal (VP) opens the locker anyway without Jasmine’s consent and finds the cell phones. The VP asks Jasmine where she got all the cell phones and Jasmine refuses to answer, so the VP decides to search her bag for more cell phones and finds nothing. The VP had heard about the RadioShack robbery and suspecting that the phones were from the robbery, called the police. While the police were on their way, the VP questioned Jasmine in his office and got her to confess to robbing the store. When the police arrived, they arrested Jasmine, read her the Miranda warnings and took her to the police station. The VP told the police that she had confessed to the crime. At the police station, 2 officers questioned Jasmine about the robbery. Jasmine instantly asked for an attorney. The police called her attorney and while they were waiting for the attorney to arrive, the officers remained in the room with her. The officers began to talk among themselves about how many years Jasmine would spend in jail because the VP already told them that she confessed. Jasmine getting really nervous asked them if they would go easier on her if she confessed. The officers told her that they couldn’t talk to her because she had already asked for a lawyer. Jasmine confessed to the crime and told them that Jon was her accomplice and had the rest of the items that they stole. The police went to the shoe store where Jon works and arrested him and brought him to the police station. Jon didn’t know about his Miranda rights so he didn’t ask for a lawyer. While the officers were questioning him, 2 other officers went by his house. They saw huge boxes of RadioShack printers in the driveway and confiscated them. Then they went and searched the inside of the house and found the remaining stolen goods hidden in the bottom of a closet. The officers weren’t able to get a warrant before the search but believed that they had probable cause to search the house. The police gathered all the evidence against Jon and Jasmine and they were indicted by a Grand Jury. Jon claims that he cannot be arrested because this is double jeopardy since he was arrested for robbing the same RadioShack two years ago and was found not guilty. Jasmine, on the other hand, claims that her confession is not admissible because she was forced to answer questions after she asked for a lawyer. Jon and Jasmine were put on trial two years after their arrest. The judge refused to give them a jury and decided that both were guilty. Jon was found guilty because of the evidence that they found in the house and Jasmine was found guilty because of Vice Principal’s testimony about her confession. Since Jon and Jasmine were found guilty at trial, their lawyers decided not to present any more evidence at the sentencing hearing. Jasmine could have received a reduced sentence because she was forced by Jon to help in the robbery. After the trial, the police realized that Steve had lied to them about what happened that night. The police want to arrest him but are not sure what charges to bring. ____________________________________________________________________________ Please raise all the potential Fourth, Fifth, and Sixth Amendment issues that arise in the above fact pattern.
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