Question
Agent Johnny Utah the former Motocross and Extreme athlete is now with the FBI Bank Robbery Task Force and investigating Bank robberies committed by the
Agent Johnny Utah the former Motocross and Extreme athlete is now with the FBI Bank Robbery Task Force and investigating Bank robberies committed by the Ex-Presidents. Utah and his partner , Angelo Pappas, are able to track them to Huntington Beach California. Utah decides to learn to surf because he believes the EX-Presidents are adrenaline junkies travelling the world to surf, snowboard and other extreme sports. While surfing by the pier Utah meets Teresa, who is a surfer and part of the robbery team. She does surveillance and is the lookout on all the robberies. Utah and Teresa become close friends (She thinks Utah is a bad boy and unaware he is an agent). Teresa surfs with Utah and eventually tells him about the planned heist of Trump Savings and Loan, because she is in love with him. Through her surveillance she knows there is a 20 million payroll drop that will occur on May 20th. Utah tells her he wants to part of the Robbery team and wants to go to Tahiti with her.
The Ex-Presidents decide this will be their last heist before their trip to Tahiti. Teresa and Utah enter the bank and conduct surveillance and will serve as lookouts for law enforcement. At 0900 hours the following Presidents enter the bank:
1-Bodi as Nixon
2-Flea as Reagan
3- Grommet as Clinton
4-Roach as Obama
5- Chowder as Bush
The robbery goes as planned at 0900 hours. Bodi, Flea and Grommet enter and put all the customers and employees on the floor. Roach and Chowder empty the drawers and put all the money into duffel bags. An off-duty LAPD police detective Bud White attempts to stop the robbery. He exchanges gunfire with the Ex-Presidents and is shot. He succumbs to his injures but shoots Grommet twice. The Presidents flee in their Jeep Wrangler. Utah is hit in the head during the robbery and is knocked unconscious. Teresa thinks he is dead and flees the scene.
Bodi and Flea are the only ones able to board the plane and fly to Tahiti.
- Grommet cannot make it to the Jeep and is lying on the ground suffering from his wounds. Agent Pappas grabs Grommet and says" You are hurt bad, tell me what happened ?" Grommet tells the agent the whole bank robbery scheme and that Bodi and the crew are heading to the airport to take a private jet to Tahiti. Grommet dies.Can the statement be used in the criminal trials of the other defendants? Explain in detail and all issues involved .
- Tersea is arrested while trying to get to the airport. She tells Pappas that she would never have committed the robbery except for the fact she loved Utah and he wanted to do the robbery. Explain in detail the defenses available to Teresa. Also explain the constitutional issues involved with the defense. Will she be successful?
- Roach is chased by agent Pappas , who yells "Stop FBI!". Roach shoots and kills agent Pappas. Utah apprehends Roach after Roaches gun jams. Roach is taken to the FBI office and interrogated. Roach stated " We were doing the robberies for the adrenaline rush and if the agent didn't chase me I wouldn't have had to kill him. Roach was not read Miranda. During his trial Roach stated that he is a surfer and had nothing to do with the bank robberies. The District attorney wants to ask Roach about his confession. Defense counsel objects. Analyze all issues involved and rule on the objection. The DA seeks to have a capital trial. Explain if the penalty is appropriate and how a death penalty statue meets constitutional scrutiny. There are several issues in this answer.
- Bodie and Flea travel the world and are apprehended in Australia by agent Utah. They are separated and transported back to the US. (assume there is a treaty on extradition to US) While being interrogated , after Miranda Flea stated that the back robberies were Bodi's idea. He stated he never had a gun and was there just to observe. The defendants sever their trials and the DA wants to use Fleas voluntary statement against Bodi. Bodi's attorney files a motion to deny the DA's request. Rule on the motion and analyze all issues involved.
- Bodie is being interrogated by the Senior agent in charge Edmund Exley. He is read Miranda and waives his rights. Bodies attorney, Tom Hayes calls the agency and said to the agent who answered the phone "I represent Bodie, do not question my client". The agent said they are done. A short time later Bodie makes numerous incriminating statements about the bank robberies. While being interrogated, Exley changes the subject and asks about gun sales. Bodie admits to selling guns to known felons. Bodi is not reread Miranda a second. before the statement. Hayes files a motion to suppress the statements. What are the issues (there are several issues) involved and will the statements be admitted in Bodis trial,. Why or why not?
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