ContextualApplication #2 – Armed Robbery
On April 5 of this year, at 9:30 p.m., an armed robbery tookplace in downtown Medford. Sue and SamSmith were walking to their car after viewing a performance at the GingerRogers Theater when a man approached them, pointed a black hand gun at Sam, anddemanded Sams wallet and Sues purse. He then ran off. Sue immediatelycalled 911 on her cell phone, described what had happened, and gave an accuratedescription of the robber. Sam and Sueremained at the scene and were interviewed by MPD Office Randy Right, who hadbeen given the reported information by MPD dispatch. Sam told Right that he is familiar with guns,and knows that the gun was a revolver, probably a.38 caliber. Sam said that he had his ODL, Visa card, andabout $80 in cash in his wallet. Suetold Right that her purse was black in color, with a gold clasp. She said her ODL, American Express creditcard, and over $200 in cash were in the purse.
Based on Sues description, Right believed that the robbermight be Billy Badguy. Billy had severalprior arrests for robbery on his record, and was known to be recently releasedfrom prison after his last robbery conviction. Right showed Sue and Sam a photo of Billy that he called up on a mobiledata terminal in his patrol car. Bothsaid that they were certain that the photo depicted the man that had robbedthem.
At 10:45 p.m. that night, Officer Right went to Billysapartment and knocked on the door. Awoman answered the door and identified herself as Betty Badguy, Billyswife. Betty said that she was all alone,and that Billy had not been home all evening. She thought he was out shooting pool with friends. Officer Right askedfor consent to search the apartment, for Billy and for any evidence of therobbery. Betty denied permission to enter,saying Right would need an “f’ing warrant” if he wanted in. Betty then slammed the door in Right’sface. Right stood outside the door for afew minutes and heard both a male and female voice inside, apparentlyyelling. Right believes he heard the femalevoice mention a gun. Right went to theend of the hall and called his partner, Bill Bright, on his cell phone. He told Bright all about what he had heard,seen and done, and asked Bright to use the information to obtain a searchwarrant for Badguy’s apartment. He toldBright he would stand by just outside the apartment until Bright responded withthe warrant. He told Bright that Billy’sapartment was Apt. 2B, on the second floor of the Right Arms Apartment buildinglocated at 123 East Olive Street in Medford.
You are Officer Bright. You need to draft an affidavit in support of a search warrant, and thesearch warrant itself, to search Badguy’s apartment for evidence of therobbery. Make sure that you includeenough detail so that the warrant won’t get tossed out of court beforetrial. Use the included sample searchwarrant and supporting affidavit as examples and templates for your submission.
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