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Chapter 7 Case Studies

Case Study 1

Henrietta Snodgrass had been charged with running an illegal gambling ring out of the back of the Sometown Pub. One of the witnesses in her trial, Marge Sampson, Snodgrass’s former associate, had been granted immunity in exchange for her testimony against Snodgrass. In order to build a case against Snodgrass, several people from the Sometown Pub have been informed that they must appear to testify in front of a grand jury. The owner of the bar, as well as the bartenders, wait staff, and door attendants from the Saturday night shift will all have to go to court to make statements about what they knew about the weekly poker game held in the back of Sometown Pub.

The thought of testifying, especially against Henrietta Snodgrass, made everyone at the pub nervous. Jesse Plimpton, the owner of Sometown Pub, was particularly jittery, as he was afraid of testifying about the extent of his knowledge about what was happening in the back room of his pub. He feared that his testimony might incriminate him, and he did not want to be caught up in Henrietta Snodgrass’s downfall. Plimpton had met Snodgrass when the pub was struggling financially. Snodgrass had offered to help him stabilize his finances if he let her use the back room on Saturday nights to run the poker game. He thought that it would just be a friendly game, and he fancied himself the owner of a speakeasy. Over the last year, however, he heard things about Snodgrass’s associates beating up players who owed debts they could not pay. When he said something to Snodgrass, she reminded him that the game was going on in his bar, and he could go to jail for his involvement. Plimpton wished he did not have to go to court, but he had no choice.

Questions

1. How specifically did the assistant district attorney compel Jesse Plimpton and the Saturday night staff of Sometown Pub to testify? What is this a form of?

2. Can they “plead the Fifth” and refuse to testify? Why or why not?

3. What is Jesse Plimpton’s degree of Fifth Amendment protection while testifying before the grand jury?

Case Study 2

Sylvia Packer was on trial for stealing an antique vase from the Sometown Antique Shoppe. Police officers had obtained an illegal confession from her by questioning her after she had been indicted by a grand jury and not obtaining a waiver of her Sixth Amendment right to counsel. Despite the inadmissible confession, the prosecution had enough physical evidence from the scene of the crime and from eyewitness testimony to proceed to trial. The assistant district attorney had called witness after witness who identified Packer as the thief, even though Packer had been wearing a mask at the time of the robbery. The assistant district attorney also presented video evidence, showing someone who matched Packer’s description leaving the store with the vase.

When it came time for the defense to make its case, Packer exercised her right against self-incrimination and did not take the stand. Instead, the defense called expert witnesses who questioned the fingerprints left at the scene, saying that Packer was a frequent customer of the Sometown Antique Shoppe and that her fingerprints could have been left there when she was a customer. Another expert witness examined the video footage from the incident and said that the footage did not prove conclusively that Packer was the thief. Packer was of average weight and height, and though police had found clothes at Packer’s apartment that match those seen in the footage, the clothes were nondescript enough to be inconclusive. When the time came for closing arguments, the assistant district attorney called attention to Packer’s refusal to testify as further proof of her guilt.

Questions

1. Did the assistant district attorney violate Sylvia Packer’s Fifth Amendment rights when she called attention to Packer’s refusal to testify? Why or why not?

2. If defendants did not have this protection, what would be the result?

3. When does the Fifth Amendment right against self-incrimination apply? When does it not apply?

Case Study 3

George Fisher is on trial for kidnapping. The prosecutor played a taped telephone call made by the kidnapper to the victim’s mother at George’s trial. He then called George to the witness stand and asked him to repeat the words spoken by the kidnapper so that the jurors could compare the voices and decide whether the defendant was the person who made the call.

Questions

1. Can George’s attorney object under the Fifth Amendment?

Case Study 4

Sometown Police Officer Grendell arrested Jason Southerland for driving under the influence late Saturday night. Southerland was driving erratically down Broadway, and Officer Grendell pulled him over. When asking Southerland for his license and registration, Officer Grendell smelled alcohol on Southerland’s breath and observed that his eyes were bloodshot. Officer Grendell asked Southerland to step out of the car and then conducted a field sobriety test. Southerland failed the test, as he could not walk a straight line or recite the alphabet with his finger on his nose. After Southerland failed the test, Officer Grendell placed him under arrest and took him to the police station.

Normally, the Sometown Police tested DUI suspects using a Breathalyzer machine, as it is the least invasive procedure to determine intoxication. However, the machine broke the week prior and was out for repairs until Monday. As a backup measure for such eventualities, the Sometown Police Department contracted a physician, Dr. Gagnon, to perform blood draws to test for intoxication. Officer Grendell contacted Gagnon, who came in to perform the test. Gagnon used standard blood drawing equipment to obtain a blood sample from Southerland for testing. The blood then was sent to a lab for processing. Officer Grendell did not obtain a warrant to draw blood from Southerland prior to having Gagnon administer the test.

When the test came back, it showed that Southerland’s blood alcohol levels were at almost twice the legal limit. Southerland was charged with drunk driving and later convicted at Sometown District Court.

Questions

1. Was drawing Jason Southerland’s blood without a warrant constitutional? Why or why not? Which amendment applies here?

2. What Supreme Court decision governs this practice? What was the Court’s reasoning?

3. Unless confronted with an emergency, for what types of bodily searches should officers obtain a warrant before having them performed on a suspect?

Case Study 5

Harvey Simon was suspected of a brutal rape. The victim had been found, beaten and bloody, in the alleyway near a popular night spot. She had required emergency surgery, but was expected to make a full physical recovery.

Upon investigating the crime, police found several eyewitnesses who placed Simon at the same bar as the victim the night of the incident. One witness testified that she had seen the victim leave with Simon. It appeared to the witness that she left under duress. Simon had held her firmly by the arm and was walking behind her. According to the witness, the victim looked as though she was trying to remain calm, but was visibly terrified. The witness expressed guilt about not doing more to help her.

When the victim awoke after surgery, police questioned her in her hospital room. Although she was in shock from the realization of what had happened to her, the victim was able to identify Simon as her assailant. In addition to the surgery, doctors performed a rape kit procedure. However, because Simon’s DNA was not in the system, they did not have a match for the DNA. Police would need to obtain a pubic hair and semen sample from Simon in order to confirm him as the rapist.

Using the testimony from the victim and the witnesses, officers obtained a search warrant to compel Simon to provide the evidence. Simon was ordered to appear at a doctor’s office to provide the samples. When the evidence was analyzed, Simon was arrested for the rape. He was tried, convicted, and sent to prison.

Questions

1. Why did police obtain a warrant before obtaining the samples from Simon?

2. Is grounds for arrest enough to justify invasive bodily searches? Why or why not?

3. In the case of Harvey Simon, how did police meet the criteria required for the search performed?

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