Case Study United States v. Patane (2004).

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Police received a tip that a man has been selling drugs out of his house and that there are several teenagers who work for him as peddlers. Two officers stopped him outside his house and asked if he would accompany them to the station to answer some questions. He agreed to come along.

On the way to the station, the officers pointed to children walking around and mentioned that penalty is heavy for those who sell drugs to children, or involve them in selling drugs. The suspect said, “Hey, I may have dealt some drugs, but I have never sold to kids or dealt with kids.“

When they arrived at the station, the officers arrested him and read him his rights, based on the tip they had received initially, and his admission to selling drugs. Then he was taken to a room and confronted with being the center of a drug ring that uses teenagers to distribute drugs. He asked, “Maybe I should call my lawyer?“ The officers replied, “Telling us the truth will do much more for you than seeing a lawyer.“ The man admitted to his involvement and called his lawyer afterward.

Based on the case study for this week, submit a case analysis using Microsoft Word that answers the following questions:

 

Assume that you are the judge on this case. What motions to dismiss would you expect to hear from the defense in the case? How would the prosecution counter these motions?
What are the key issues arising from the defendant’s admission made while in the police car? Is the case within the ambit of Miranda, or outside it? Why do you think so?
Should the defendant’s admission in the police car be admissible? Why or why not? Discuss with reference to United States v. Patane (2004).
What would have been the effect on this case if the suspect had not asked for his lawyer? Discuss with reference to Escobedo v. Illinois.
https://supreme.justia.com/cases/federal/us/542/630/

 

Sample Solution

premieres, parties and more. The time, place, and people in that theater would have been entirely different due to many safety, and other events going on at that time. There are many issues but I’ll name the main few, Hitler would have not been present in a room with many other leaders of the Nazi regime, especially if word of a shooting involving Americans dressed as Germans that had tickets to that movie were going to be there. There also would have been more security guards. And finally, even stated in the movie, the Americans were invading Europe, D-Day had just happened, there would not have been a party. Though highly impossible for the war to end the way the movie shown, it was a great “what if” to be able to compare to.

When the war had started in 1939, the United States of America was not involved the way that other countries were. Although, there was a lot of propaganda and speeches up until the invasion on D-Day this movie was not made in the time of the war or before it, there was propaganda inserted into the film. On June sixth of 1944, there was a speech/letter given by Dwight D. Eisenhower to the enlisted men about to invade. The speech was a form of propaganda and talked about how America can prevail against the enemies of the German war machine. The speech is one that was remembered by many real soldiers as a letter of inspiration and could have helped them be reminded of what they were fighting for. In the intro of “Inglourious Basterds” Lieutenant Aldo Raine, gives a speech that is telling his men not to give up and how to fight off the Germans. He even challenges them to each kill 100 Nazis each. The comparison of the two very different sounding speeches, have a similar focus on encouraging or challenging the men to win the war or task at hand. The other primary source(s) that help support the story are photos during the wartime period. The photos also helped validate the use of places or props in the movie, by proving the atmospheres or setting to be as realistic as possible. Some of the photos were very helpful in understanding what the reactions were of people in the photos at that time, whether it was Hitler grinning at victory (Forty, 51) or Jewish men being forced out of their homes (Forty, 51). Although, the photos and speeches helped validate parts of the films accuracy, it really he

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