7222 PM Mon Oct 2 AA E lrccd.instructure.com C, - III ?27%I LTJ Homework Help - Q&A from Online Tutors - Course Hero 8 - Week 6 Assignment - Write a summary of key facts LA 321 Practical Skills Week 4 Fact Summary PDF.pdf [Name] [Date] [Class] LA 321: Legal Writing Practical Skills Assignment Week 4 Draft a summary of key facts You have conducted an intake interview with a potential client, Blake Davis. The interview transcript is provided below, along with a copy of his arrest report. Based on both the interview transcript and arrest report, you are tasked with drafting a summary of key facts for your supervising attorney to review. This summary will be used by the attorney to determine if he is going to accept or decline the proposed representation of Mr. Blake, so accuracy and clarity are important. Most important, however, is that your summary: 0 Be less than one page 0 Provide a clear understanding of what happened 0 And identify the most important facts of legal significance (as you understand them to be) (No outside or additional research is required on the questions of substantive law). INTERVIEW TRANSCRIPT July 18, 2017 Blake Davis (BLAKE): Thanks for seeing us. Your Name (YOU): I'm glad both of you could come in. It should simplify getting all the information we'll need. Ann Davis (ANN): We are so upset about this situation. We really appreciate your help. YOU: We'll do our best. Now, I know that you were arrested, Blake, for assaulting a U.S. Customs agent and for possession of cocaine as you were about to get off of a cruise ship. BLAKE: That's right, but it was a huge mistake. We had no idea there were drugs hidden in the wall. The Customs folks got the wrong cabin, they busted in with a drug dog and tossed all of our belongings, and then tried to grab my briefcase from me. YOU: Why don't you start at the beginning and tell me what happened? 7:23 PM Mon Oct 2 - III e 27% I AA E lrccd.instructure.com C, LTJ Homework Help - Q&A from Online Tutors - Course Hero 8 - Week 6 Assignment - Write a summary of key facts LA 321 Practical Skills Week 4 Fact Summary PDF.pdf Page of5 BLAKE: Alright. Well, we had booked this cruise on the Esprit months ago to celebrate our 40th wedding anniversary. I didn't realize at the time that I would be buried in work that would force me to bring along stuff that had to get done by the time we returned to Columbia City. It only was because ofthe need to protect the work product that I got in any trouble. YOU: Where do you work and what type of work product are you talking about? BLAKE: I'm an engineer with Allied Industries and I've been working with corporate counsel and others to put together a patent application for breakthrough technology that will revolutionize our business. I had to submit the final paper work right after we got off the ship. I was told by the lawyers, the chief engineer, and the CEO to make sure no one got a look at any of the papers. YOU: How does this tie in with your encounter with the Customs agents? ANN: It all happened the morning we were to disembark. We got up early to finish packing; we planned to wheel our luggage off the ship. I got room service, just a light continental breakfast. Blake went up to the buffet area because he wanted a full breakfast. BLAKE: I took my briefcase with me because I wanted to recheck some final details. ANN: Right. Well, I was on the balcony sipping coffee when I heard a knock on the door. I thought it was our cabin steward checking to see if we needed anything before disembarking. So I opened the door and there were a man and a woman. She had a dog on a leash a black Labrador, I think. YOU: Did they ask you your name? ANN: Yes, the gentleman said, "Who are you?\" and I said, \"Ann Davis. What's all this about?" He told me he was from U.S. Customs and they were there to search our cabin for contraband. YOU: Were they in uniform and did they state their names? ANN: Sure. I told them we didn't know anything about contraband but he Oliphant, nowl remember told me to step into the corridor and remain there while they conducted the search. I told him it was some kind of mistake but I did what he asked. BLAKE: That's when I showed up. I told them who I was and asked them what they were doing. They asked me to step aside and I did. Then they went in. YOU: From your position could you see what the two agents were doing? ANN: They propped the door open so I was able to see most of the cabin, except the corner where it was blocked by the bathroom. YOU: What did you see? 7223 PM Mon Oct 2 AA 3 lrccd.instructure.com C, \\ III 1' 27% I LTJ Homework Help - Q&A from Online Tutors - Course Hero 8 - Week 6 Assignment - Write a summary of key facts Pageof5 0 ANN: First, they poked into everything, looking under the bed, opening drawers. I couldn't figure out what they were after. Then they put ourthree pieces of luggage on the bed and pressed down on them; our bags are soft-sided. Then the dog was brought over to the luggage. It sniffed at each one and then the dog went over to the balcony door and just sat down. After that, the two agents opened each bag and dumped everything on the bed; after we had spent all that time packing them neatly! Then they pawed through every darn thing we owned, every piece of clothing, our toiletries, rifling through the pages of our books, probing into each suitcase everything. They didn't find anything they were interested in, just like I had told them. When they finished with the luggage, leaving all of our stuff strewn across the bed in piles and some on the floor, they turned their attention to where the dog was sitting. I saw them squat down and poke around with something, maybe a pencil. The guy pulled a panel off the wall and took out a small plastic bag. I had no idea what they found. YOU: Okay, what did the Customs agents say or do? BLAKE: At some point, the lead guy, Oliphant, said that they had "reliable information" that we had illegal drugs. I told him that was nonsense, we knew nothing about drugs, and I was outraged they had ransacked our private stateroom. That's when he demanded that I turn over my briefcase. YOU:What happened then? BLAKE: I told him "no way," that the briefcase contained confidential business materials and no one could look through it. Period. He told me l was required to give it to him, that they already found narcotics, and he suspected there was more in my briefcase. I told him he was nuts and to go away. That's when he tried to grab the case from me. I wouldn't let go. He and the woman officer threw me to the floor and put the cuffs on me. Then Oliphant took the key to the briefcase from my pocket and tossed everything in it on the bed with our other stuff. That's when he found my passport and, gosh, was he surprised! He and the woman agent conferred and then he asked me if I was Blake C. Davis. I said, \"Of course; that's what I told you!" He said there had been a mistake. They were looking for Blaine C. Davis with an extra \"5" spelled DA VISS; some other guy. They had been informed that this other Davis had a cabin on the same deck, but on the other side of the ship. They took the cuffs off of me and apologized, but said that I would have to accompany them and that I'd be charged with resisting a legal search and possession of cocaine. YOU: Okay. Thanks so much. Let me get in touch with the US. Attorney's Office and see where this situation stands and what we have to do to try to quash it. That seems like the first thing we have to address. ANN and BLAKE: Okay. Thanks. 7:23 PM Mon Oct 2 & 27% AA Irccd.instructure.com + Homework Help - Q&A from Online Tutors - Course Hero X Week 6 Assignment - Write a summary of key facts Page of 5 - ZOOM + DEPARTMENT OF HOMELAND SECURITY U.S. CUSTOMS AND BORDER PROTECTION INCIDENT - ARREST REPORT 1. PORT WHERE INCIDENT-ARREST OCCURRED: Port Columbia 2. CBP OFFICER IN CHARGE: Ralph Oliphant #06254 3. NAME OF VESSEL: Sun Cruise Line - Esprit 4. DATE: July 16, 2017 5. SUBJECT: Davis, Blake C. 6. SEX: Male 7. HEIGHT: 5' 7" 8. WEIGHT: 140 lbs. 9. AGE: 61 10. RACE/ETHNICITY: White The undersigned CBP Officer, assisted by Canine Enforcement Officer Veronica Brown, conducted a scheduled vessel search of Sun Cruise Line's Esprit when it docked in Port Columbia, in Columbia, following a seven-day cruise that included day-long visits to Acapulco, Mexico and three other foreign ports. As standard procedure before boarding the ship to conduct routine enforcement actions, I accessed the Treasury Enforcement Communications System's ("TECS") computerized database to determine if it contained any enforcement information about passengers or crew members traveling on the Esprit. Included in the TECS report on the Esprit was a "lookout" for a white male, Blaine C. Davis, 6' 4", 260 lbs., 21 years old. The information was filed by an undercover CBP officer stationed in Acapulco who had observed Daviss during the period when the ship was docked at that port. The TECS report revealed that Davis had traveled to other drug source countries in the Caribbean and South America on other occasions, had a criminal record (two arrests, one conviction for heroin possession and sale), had purchased his ticket at the last minute and in cash, and was traveling alone. The TECS report also indicated Daviss was observed in Acapulco in the company of three suspected drug dealers for a period of about 30 minutes. Based on all of the data available in the TECS system for the Esprit, I identified Daviss to investigate when our CBP team boarded the ship. I accessed the passenger/crew manifest from the TECS database, but in doing so I erroneously listed Daviss's stateroom as 8132 instead of 8086. Cabin 8132 was assigned to Blake C. Davis, the subject of this report, who was listed on the manifest on the line immediately above Daviss. Both had staterooms on Deck 8 but on opposite sides of the ship, Davis on the port side and Daviss on the starboard side. After boarding the ship, Canine Enforcement Officer Brown, her drug-sniffing dog, and I approached cabin 8132, at which point the dog "alerted" in the hallway. The "alert" indicated that cocaine had been deposited at the site within a year. I knocked on the door of the cabin and it was opened by a middle-aged white female. I identified myself as a CBP Officer and introduced Officer Brown. Upon my request, the woman told us she was Ann Davis(s). I7:23 PM Mon Oct 2 27% AA Irccd.instructure.com + Homework Help - Q&A from Online Tutors - Course Hero X Week 6 Assignment - Write a summary of key facts Page