Note:

I need complete 3 pages memo as per provided instructions. Must follow and address each instruction properly. Must format all sources and citations in APA. Must provide 100% original answer.

Assignment

Pretend you are a new associate at a criminal defense firm in Washington DC. Write a complete three-page internal memorandum to your supervising attorney regarding the legal issues of provided particular fact pattern (see the attached memorandum from your supervisor below).

In your memo;

Structure the body of your memo to the supervising attorney using the IRAC method:

I.                Issue: Explain the material facts presented in the memo from the supervising attorney, and clearly state whether the drugs and/or guns found should be admissible or not.

II.    Rule: Address the relevant criminal procedure issues, the applicable fundamental rights established by the Fourth Amendment, and the issues and rules clarified in the case law given that are relevant to whether the drugs found on Mr. Blake should be admissible or not. (e.g., stop and frisk, plain view)

III.       Analysis: Using the relevant facts presented, determine whether or not they meet the requirements set out in the DC Code, the amendments, or Mapp v. Ohio and Minnesota v. Carter regarding the admissibility of evidence (drugs and guns) in the criminal prosecution against Mr. Blake.

IV.             Conclusion: Restate your legal opinion.

Legal Cases

Mapp v. Ohio, 367 U.S. 643 (1961): http://www.law.cornell.edu/supct/html/historics/USSC_CR_0367_0643_ZO.html

Minnesota v. Carter, 525 U.S. 83 (1998): http://www.law.cornell.edu/supct/html/97-1147.ZO.html

District of Columbia v. Heller, 554 U.S. 570 (2008): https://www.law.cornell.edu/supct/html/07-290.ZS.html

Criminal Statutes (Use ONLY the elements of the crime as described below.)

Possession of a Controlled Substance                

Type of Offense: Misdemeanor. DC Code Citation: §48-904.01, §48-904.08

Charge Elements: The elements of this offense are as follows:

Possession of a Controlled Substance

Type of Offense: Felony. DC Code Citation: §48-904.01

Charge Elements: The elements of this offense are as follows:

In the District of Columbia, if the controlled substance is marijuana and this is the offender’s first conviction for distribution and/or possession of a controlled substance with intent to distribute, then the maximum exposure of incarceration is 180 days.

Unregistered Firearm

Type of Offense: Felony/Misdemeanor. DC Code Citation: §7-2502.01, §7-2507.06

Charge Elements: The elements of this offense are as follows:

Format Requirements

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