Instructions

1.Read the case description provided and provide a written response that answers
the questions posed following the case.
2. Provide a minimum of one case law source per question.
3. Two-page length requirement plus a references page. (Total of 3 pages)
4. Once done, submit your Word document into my drop box in D2L under “Written
Assignment Final Exam” by midnight Sunday December 5, 2021. Don’t be late as I have to
have all grades in on Monday.
This assignment will be graded on a 100 point scale.
Please email me with any questions!
Breithaupt v. Abram, 352 U.S. 432 (1957)
Petitioner, while driving a pickup truck on the highways of New Mexico, was involved in a
collision with a passenger car. Three occupants of the car were killed, and petitioner was
seriously injured. A pint whiskey bottle, almost empty, was found in the glove compartment of
the pickup truck. Petitioner was taken to a hospital, and, while he was lying unconscious in the
emergency room, the smell of liquor was detected on his breath. A state patrolman requested that
a sample of petitioner’s blood be taken. An attending physician, while petitioner was
unconscious, withdrew a sample of about 20 cm 3 of blood by use of a hypodermic needle. This
sample was delivered to the patrolman and subsequent laboratory analysis showed this blood to
contain about .17% alcohol. Petitioner was thereafter charged with involuntary manslaughter.
Testimony regarding the blood test and its result was admitted into evidence at trial over
petitioner’s objection. This included testimony of an expert that a person with .17% alcohol in
his blood was under the influence of intoxicating liquor. Petitioner was convicted and sentenced
for involuntary manslaughter.

Question #1: You are the attorney for the petitioner. Make the argument that the blood draw
constituted an illegal search. Also, apply the relevant Constitutional Amendment. You must
reference at least one relevant case.

Question #2: You are the prosecutor. Make the argument that the blood draw constituted a legal
search. You must reference at least one relevant case.

Question #3: Although this case involved a DUI accident investigation, argue your opinion on
the legality or illegality of DUI checkpoints. Use one case reference.
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PART #2: Criminal Procedure Case References:

Instructions:
Choose ONLY FOUR of the below criminal procedure legal references below. Find and list a
relevant case law source for each topic and provide a short explanation of what that court’s
ruling was. You can find cases in my PowerPoint presentations or you can do your own
independent search.
Extra Credit: You will receive extra credit for completing more than four. The more you
complete the more extra credit you will receive!
Answer Format example: 1. “Stop and Frisk: United States vs. Smith, 444 U.S. 327 (2017).
In the case, U.S. vs. Smith, the court ruled that……..”

2. “Warrantless Arrest: United States vs. Smith, …….

1. Stop and Frisk
2. Warrantless Arrest
3. Interrogation Limitations
4. Use of Hearsay Evidence
5. Plain View Doctrine
6. Probable Cause to Arrest
7. Exigent Circumstances Exception to the Warrant
8. Use of Deadly Force in an Arrest
9. Warrantless Search of Property
10. Public Safety Search Exception
11. Voluntariness Test for Confessions
12. The Right Against Self Incrimination
13. Right to Be Represented by an Attorney
14. Good Faith Exception to the Exclusionary Rule
15. Use of Excessive Force
16. Right to Effective Assistance of Counsel