1. Police have a warrant to arrest Terry for murder. He is one of two current suspects in a Homicide. They plan to arrest him at his home, which is a two story house. When serving the warrant, Terry is found upstairs, and he surrenders peacefully. Police go downstairs and open two closet doors. One of the closet doors opened reveals a sawed-off shotgun, the suggested murder weapon. One of the officers proceeds to open a downstairs desk drawer, and observes and seizes a disguise, a passport, and a plane ticket to Argentina. There is no search warrant. What, if any, evidence is admissible against Terry? Why?

 

2. Jay is an 18 year old (therefore not a Juvenile) taken into police custody as a suspect in a Homicide. The police read Jay his rights under Miranda, and when asked if he understands his rights and wants to talk, Jay says, "I want to talk to my Dad". Police attempt to discourage Jay from speaking with his Dad and they encourage him to spill his guts. They ask Jay again if he understands his Miranda rights and wants to talk and Jay says “ I guess so, if it's like you say it shouldn't be so bad” The interrogation begins and Jay confesses to the homicide in a videotaped confession. Included in this confession is a description of the location of the murder weapon and the body of the victim, which were found at the bottom of a pond on Jay's dad's property. Police were in the process of obtaining a search warrant for this pond --which was granted--at the time of Jay's statement. Jay's father is a prominent attorney known to virtually everyone in town (including the police) Discuss the issues surrounding the use of Jay's statement and the derivative evidence in the pond. Is anything admissible? Why or Why not?