Reno Police Officer Dora works the graveyard shift in downtown Reno. At 3:00 a.m. while Officer Dora is on patrol, she sees who she believes is a suspicious looking individual standing in front of Circus Circus. The individual, who is about 5’5, has on a black hooded sweatshirt with the hood pulled partially over his or her face. As Officer Dora slows down, the individual immediately begins walking away from her squad car faster and faster, as if they want to avoid Officer Dora. As the individual is walking away, Officer Dora sees them throw a Big Gulp cup into a nearby trash can. Suddenly, a dispatch call comes over Officer Dora’s radio that officers are searching for a male Pacific Islander who is wanted for a robbery of the 7-11 a half mile away. The call provides no further description of the suspect.
Not wanting to take a chance, Officer Dora pulls her police car in front of the individual, gets out of her car and yells, “Hey, I want to talk to you!” The individual, whom Officer Dora can now see is a man, stops and has a panicked look on his face. Officer Dora has to ask the man three times for his name before he finally tells her his name is Diego Sullivan. While Officer Dora is speaking to Diego, Officer Boots arrives as her backup. Officer Boots tells Dora that the suspect in the 7-11 robbery is a male wearing a hooded sweatshirt about six feet tall. Officer Boots confirms the earlier description of the suspect’s race as Pacific Islander. Officer Dora asks Diego if he is Hispanic or Pacific Islander. With a nasty grin that displays a diamond embedded in his front tooth, Diego responds that he doesn’t have to answer that question. Officer Boots, upon seeing Diego’s distinctive tooth and learning his name says, “Wait a minute – now I remember this guy! I arrested him two months ago for domestic violence against his eighty year old mother. You remember that, Diego? You asked her for her social security check and she wouldn’t give it to you!” Diego nods and looks at the ground. Officer Dora has heard enough and places Diego under arrest for robbery of the 7-11 store.
PLEASE ANSWER THE FOLLOWING QUESTIONS COMPLETELY
Did Officer Dora have reasonable suspicion to stop Diego? WHY or WHY NOT?
Did Officer Dora have probable cause to arrest Diego for robbery? WHY or WHY NOT?
Make up two more details that would enhance Officer Dora’s reasonable suspicion to stop Diego.
Make up two more details that would enhance Officer Dora’s probable cause to arrest Diego.
I. STATEMENT OF THE CASE
George Jenkins is accused of POSSESSION OF A CONTROLLED SUBSTANCE FOR THE PURPOSE OF SALE, POSSESSION OF MARIJUANA, and UNLAWFUL POSSESSION OF DRUG PARAPHERNALIA in a petition filed October 3, 2013.
II. STATEMENT OF FACTS
According to a police report filed by Reno Police Officer Kris Kringle, Officer Kringle was told by undercover officers on September 15, 2013, there were possible hand-to-hand drug transactions being conducted by a male wearing a black t-shirt with a purple heart in the area of the Wild Orchid parking lot. Officer Kringle responds to the area and locates the individual described above wearing a black t-shirt with a purple heart, later identified as the defendant, GEORGE JENKINS.
In his report, Officer Kringle indicates that he contacts the defendant and tells him that information has been received that the defendant is involved in the sales of drugs. Officer Kringle asks the defendant if he has anything illegal on his person and the defendant responds, “I plead the fifth.” Officer Kringle then performs a frisk for weapons. At this point Officer Kringle’s police report indicates that the defendant ultimately gives him permission to search both his pockets and his backpack. As a result of these searches, Officer Kringle finds currency in the amount of $438, a black digital scale, and marijuana with a gross weight of 128.6 grams. After discovering these items, Officer Kringle places the defendant in handcuffs and reads him his rights per Miranda. Officer Kringle claims the defendant waives his Miranda rights and provides incriminating statements regarding drug sales. Officer Kringle arrests the defendant, transports him and books him into the Washoe County Jail for the above charges.
The defendant, GEORGE JENKINS, attests that the encounter as described above in Officer Kringle’s police report is inaccurate. According to the defendant, when he was approached by Officer Kringle, he immediately tells him that he must sit down on the curb. Officer Kringle asks the defendant his name and age and the defendant provides this information, telling the officers that he is eighteen years old.
The defendant indicates that Officer Kringle asks him for permission to search his person and his backpack and the defendant says no. After refusing the search, the defendant is then frisked for weapons by Officer Kringle. After finding no weapons, the officer begin to pressure the defendant for permission to search.
Officer Kringle tells the defendant that if he doesn’t give them permission to search then the officer will “bring in the dog.” Officer Kringle also indicates that “if I do find something on you, it’s a felony and you will be arrested on the spot and you will be facing years in prison. But if you let me search, then I can help you out, I’ll put in a good word for you.”
When the defendant continues to refuse a consensual search and in fact tells the officer he needs a warrant to search, Officer Kringle says, “it doesn’t matter anyway, I don’t need a warrant because the undercover officers saw you.” During this interaction, the defendant asks to leave, and is told by Officer Kringle that he is not free to leave. Subsequently, the officer performs his search as described above and finds the illegal items on the defendant’s person and in his backpack.
There are a number of arguments that the defense can make in this case alleging that Officer Kringle did not follow the law in conducting his search and interrogation of George Jenkins. Describe two arguments the defense could possibly make utilizing the particular facts above.
What is the type of search called that Officer Kringle performed when he frisked George Jenkins for weapons? What factors in this case will the judge consider when deciding whether or not this frisk/search was properly conducted?
Was Officer Kringle required to read George Jenkins his Miranda rights in this situation? Why or why not?
What factors will the Judge consider in deciding whether or not George Jenkins’ alleged confession fits the requirement under Miranda that it must be voluntary?
