HYPOTHETICAL ONE:
Police stop student walking by for suspected underage possession of alcohol.
Police Officer: May I speak with you?
Student: Sure.
Police Officer: May I see your ID?
Student: Sure. Here is my driver's license.
Police Officer: It says you are 19 years old?
Student: Right.
Police Officer: How much have you had to drink tonight?
Student (Accurately recalling his two beers forty minutes earlier): Two Beers.
Police Officer: Where did you drink?
Student: In this housing complex, here in the City.
Police Officer: Will you take this breath test? (Officer holds out the Alcosensor III, an obsolete breath test machine, years out of date. In this example, the Officer fails to wait the manufacturer recommended fifteen minutes to allow mouth alcohol to clear out. This failure inflates the results. Moreover, in this example, the Officer has failed to routinely calibrate the machine as required by the manufacturer for accurate results.)
Student: Sure.
Police Officer: After test. You blew a .10. I am arresting you for underage possession and drunk in public. Takes student to jail. ( Under the facts of this hypothetical the inaccurate .10 Alcosensor III reading caused the Officer to take the student to jail as .10 is over the legal limit for driving and is interpreted as drunk in public.)
Student (on the way to jail): How did you get me?
Police Officer (to himself): You gave me all I needed to arrest and convict you. We officers laugh and laugh at characters like you. You will do ASAP, pay hundreds of dollars in fees and costs, get a strike at the University, and do 50 hours of community service. Future employers that find out may avoid you like the plague if they take this charge as a sign you are an alcoholic. I will get credit for the arrest. I couldn't have done it without you.
Police Officer (to student): I will tell the Judge you were cooperative (holding back laughter.)HYPOTHETICAL TWO:
Police stop student walking by for suspected underage possession of alcohol.
Police Officer: May I speak with you?
Student: No thank you Sir. (Keeps walking normal pace, does not run)
Police Officer: Stop!
Student (Stops): Sir, I want my lawyer. If not under arrest, please let me go.
Police Officer (to himself): Fiddlesticks! That darn Bill of Rights!
Police Officer (to student): That isn't going to help you. Give me your ID.
Student: Sir, I want my lawyer. If not under arrest, please let me go.
Police Officer: May I see your ID?
Student: No Sir. I want my lawyer. If not under arrest, let me go.
Police Officer: Well, you are under arrest. Give me your ID.
Student: Yes Sir. (Gives ID).
Police Officer: It says you are 19 years old?
Student: Sir, I want my lawyer.
Police Officer: How much have you had to drink tonight?
Student: Sir, I want my lawyer.
Police Officer: Will you take this breath test? (Offering Alchosensor III.)
Student: No sir. I want my lawyer.
Police Officer: You have to take this breath test!!!
Student (to himself): No I don't. If I was driving a car and arrested for drunk driving I am required to take the breath test at the station. That breath test is the Intoxilyzer 5000 which looks like a typewriter with a hose. If I fail to blow into the Intoxilyzer 5000 when arrested for DUI I may lose my license for a year. But even when arrested for drunk driving I don't have to take the Alcosensor III, the hand held portable breath machine.)
Student (to Officer): No sir. I want my lawyer.
Police Officer: I know you have been drinking underage. I can smell it! Don't make me go to a lot of trouble. Where did you drink?
Student: Sir, I want my lawyer.
Police Officer (to himself): Dang it! I have nothing on this kid! Maybe I just let him go and catch other fish not as smart.HYPOTHETICAL THREE:
He should have remembered that talking to the police without a lawyer is often a way to get yourself in a lot of trouble.
You have been out the evening before in your automobile. You struck a vehicle and did not realize it. If you had realized it you would have stopped and given the owner your insurance information. If you intentionally failed to stop and the damage is sufficient you have committed a felony. Someone got your address and now the police are calling you.
Police Officer: Mr. John Doe, this if Officer Smith. Do you own a Black 2001 Ford Explorer, license plate SUCKER?
John Doe: Yes, Officer, I do.
Police Officer: We know that you were driving the car in the Mall parking lot last night around 8 p.m. That is correct, isn't it?
John Doe: Sure, I guess so.
Police Officer: We also know that you hit a parked car, did some damage and then drove off. That is right isn't it? (Actually, the Officer has no direct knowledge of any of this.)
John Doe: Sure, if you say so. (Actually, Doe did strike the vehicle but was unaware that the contact occurred. He noticed the slight damage to his car the next day but did not know to whom he should report the problem.)
Police Officer: Mr. Doe, you need to come down to the police department to discuss this matter with some officers. I am sure we can work this out. (Actually, the Officer thinks to himself we will arrest you for felony hit and run. If I was called by an Officer I would not tell him anything. And I would certainly have a lawyer present during any questioning. This kid will never know what hit him.HYPOTHETICAL FOUR:
The Police come to John Doe's apartment looking for a way to search his apartment. They do not have sufficient evidence to obtain a search warrant.
Police Officer: (Knocks on the door.) Open up, police, we want to talk to you.
John Doe: (Opens door) (Officer, puts his foot inside the door frame preventing the door from being closed)
Yes, Officer what can I do for you?
Police Officer: Let's talk inside your apartment. (Not waiting for an invitation the Officers walk into the apartment.)
John Doe: What can I do for you?
Police Officer: You don't have any guns or illegal drugs in your apartment do you?
John Doe: No.
Police Officer: (Already looking around) Then since you don't have anything to hide, you don't mind if we look around do you?
John Doe. No. I have nothing to hide. Go ahead.
Police Officer: When I pulled up the carpet I found what appears to be the tiny remnant of a marijuana cigarette. I'm charging you with possession of marijuana.
John Doe: It is not mine! (Doe did not know that the student he was subleasing from had a friend whose friend had brought the contraband into the apartment. Doe does not use marijuana or any other illegal substance.)Doe is now going to be charged with a crime. Maybe if he spends thousands of dollars on a lawyer he can beat the charge. Or maybe he will just roll over and do first offender. Of course that will end up costing him a lot of $$$ in fees, ASAP costs and increased automobile insurance. All because he opened the door for the police when they did not have a warrant.
HYPOTHETICAL FIVE:
The Police come to Jay Madison's apartment looking for a way to search Jay's apartment. They do not have sufficient evidence to obtain a search warrant.
Police Officer: (Knocks on the door.) Open up, Police. We want to talk to you.
Jay Madison: (Knowing that the police may attempt to prevent him from closing the door if he opens it. Jay talks through the closed door.) Do you have a warrant?
Police Officer: No. We do not.
Jay Madison: Then go get one or leave me alone. If you persist in bothering me I am calling my attorney (Goes back to his room.)
Police Officer: (I am not sure what to do. We can kick the door in and gain entrance illegally but some of these kids know about 19.2-59 which makes such conduct malfeasance in office. We can be sued for compensatory and punitive damages. If it is determined that I violated 19.2-59 twice I lose my job. This kid sounds like he would 59 me in a heartbeat.)HYPOTHETICAL SIX:
The Police find Jay Madison's door unlocked and let themselves in just as he comes out of the bathroom.
Police Officer: Do you have any illegal drugs or guns in this apartment?
Jay Madison: Do you have a warrant allowing you to be in my apartment without my consent? .
Police Officer: No. I don't need a warrant as your door was unlocked.
Jay Madison: You need to leave right now or I will be filing a complaint under 19.2-59. Roommate, call 911 to report an illegal entry by Officer (fill in blank) into our apartment. Also, call our neighbors so they can be witnesses to this crime. Also, call our attorney.
Police Officer: Don't make it hard on yourself kid.
Jay Madison: Officer, you need to leave my apartment now. You are committing a crime through your illegal entry. Here is a copy of 19.2-59. I would not want to 59 you without your understanding why.
Police Officer: (To himself. Darn kid! I better get out of here before I lose my job. Who told these kids how to 59 us? )HYPOTHETICAL SEVEN:
The Police arrive at Jay Madison's home on a noise complaint. Jay went to bed about two hours ago in his room in the attic. Some people are still partying downstairs. The Police arrive in force and want to come in. Their plan is to search the house and arrest anyone they can for underage possession of alcohol.
Police Officer: (Knocking on the door) Police open up. We have a noise complaint. I want to speak with someone who lives here NOW!
House Guest: (opening door) None of the people who live here are around.
Police Officer: Can we come in?
House Guest: No. I don't have the authority to let you in.
Police Officer: (To other officer) Find out who the landlord is and call him.
Other Officer: But it is 3:30 in the morning. And the landlord will not have legal authority to let us in anyway.
Police Officer: Just call him.
Police Officer: (to other Officers) Let's go in and search the place.
(Once inside) Darn it. Everyone left by the back door!
After searching the entire house they find Jay upstairs asleep in his bed.
Police Officer: Wake up and come downstairs to talk with us!
Jay: I want my lawyer. I do not give you permission to be in my room. If you do not leave immediately I will bring a lawsuit against you under 19.2-59. Please call your police chief so I can report you.
Police Officer: The Chief is home in bed. I would not want to disturb him at this time of night.
Jay: Yet you think it is okay to illegally enter my home and my bedroom at this time of night to attempt to arrest me for a noise complaint? Maybe if I 59 you the irony of your position will be more obvious.
Police Officer: (to himself) Mr. Madison has a point. He is a free American deserving all the rights and privileges of any other free American.HYPOTHETICAL EIGHT:
Here the student did not request his lawyer as he should have. That will probably cost him a criminal conviction and thousands of dollars in court costs, ASAP fees, and automobile insurance not to mention the consequences at his College. If the amount was .50 ounces or more he is probably looking at a felony charge. If convicted no student aid, no decent job, his adult life ends before it really gets started. He should have been smart and asked for his lawyer.
At 4:30 a.m., students are awakened by a knock at the door. When John Doe opens the door he finds two police officers.
Police Officer: We smell marijuana and we want to search your room. We have also been told that you are selling marijuana.
Student: What if I say no?
Police Officer: We will search anyway. It will go easier on you if you say yes.
Police Officer: ( to himself) I hope this fellow doesn't realize that if he says no I am stuck trying to get a warrant. If I search without a warrant and without consent anything that I find will probably not be admissible in Court. )
Student: Okay.
Police Officer: I found this pot in the common area. It will go easier on you if you confess.
Police Officer: (to himself) I hope this fellow does not have the good sense to ask for his lawyer and refuse to incriminate himself. Since I found it in the common area I really have nothing on him.
Student: What if I said I want my lawyer?
Police Officer: It will not help you.
Police Officer: (to himself) Darn it. I hope this fellow does not say those magic words!
Student: Okay. Since you are here to arrest me and build the strongest case possible against me I will do and say whatever you want.HYPOTHETICAL NINE:
Jay Madison is sleeping in his dorm room when he is awakened by police officers knocking on his dorm room door.
Jay Madison: Who is it?
Police Officer: College Police! Open the door now!! We smell marijuana coming from your room!
Jay Madison: Do you have a warrant?
Police Officer: No. And we don't need one. Open up or we will break the door down!
Police Officer: (to himself) Darn. If he does not let us in we will have to go get a warrant. And maybe we cannot get one based on what we have.
Jay Madison: Reading from the card: I want my lawyer. If not under arrest, let me go. Don't question me. I assert my 5th Amendment privilege. I don't consent to any searches or entry into my property. I don't consent to any tests except under DUI implied consent.
Police Officer: (to himself) Darn it all. This kid knows his rights.
Jay Madison: (Politely) I am going back to bed. Please do not bother me again unless you have a search warrant. If you force your way in I will 59 you. Madison realizes that the police may well get a warrant.NONE OF THESE HYPOTHETICALS ARE INTENDED TO REFLECT ON ANY PERSON LIVING OR DEAD. THE NAMES USED ARE NOT INTENDED TO REFLECT ON ANY PERSON LIVING OR DEAD.
