Attorney Holland calls you into the office and explains a case he just agreed to take, defending Wendell Wilson on a charge of destruction of property. Based on the information received from the police reports and conversation with Wendell, this is what he knows.

Responding to a call for service, Officer Olivia Smith drove to the intersection of Orleans Avenue and Monument Street. There, outside Kelly's Sports Bar, she met Lolita Parker and Justine Dunn. The women explained that they were just leaving the bar on their way to the parking lot across the street waiting for the traffic light when a man pulled to the curb rolled down his window and threw a brick through the bar's front window. (The bar had been closed for about 20 minutes.) When the light changed, he drove away, south on Monument St.

The man was described as a middle-aged, white male wearing a blue t-shirt and dark pants. The car was a late model red Toyota Camry. Lolita said she though the license plate ended with LOL because it was like the text jargon.

Officer Smith queried the DMV database from her radio car mobile digital terminal and learned that a 2020 Toyota Camry, red in color, with the tag 877 LOL was registered to Wendell Wilson, male, white DOB 4-13-1983 (age 40) of 3406 Beechwood Street. Smith calculated that address was approximately seven blocks from where the incident occurred.

After completing the preliminary investigation report, Smith drove to the address on the registration. Spotting the red Camry in the driveway, she knocked on the front door. When the door was opened by a middle-aged, white male, Smith asked, "Are you Wendell Wilson?"

"Yes, I am, Officer." he said.

"Is that your car in the driveway?" she asked.

"Yes. What's this all about?"

"Have you been out in your car today, Mr. Wilson?" Smith continued.

"Yes, I just came home from work about an hour ago. Why?" said Wilson.

"Did you come through the intersection of Orleans and Monument?"

"That's my usual route. I don't understand, Officer. Why are you asking me all of these questions?"

"Do you have some sort of beef with the owner of Kelly's bar?" Smith continued to ask.

"You might say that. That cheapskate Joe Kelly shorted me when I cashed my paycheck there last week. Yeah, I know the rat hole."

With this, Officer Smith informed Wendell Wilson he was under arrest for destruction of property, handcuffed him, and transported him to the stationhouse for booking. Wilson was charged with violation of 6-30 of the Criminal Law article of the Maryland Annotated Code.

PART 1

1. Are Wendell Wilson's answers to Officer Smith's questions admissible in court?
2. If so, why so; if not, why not.

INCLUDE cited legal rules, cases, legal concepts, etc. with in-text citations as well as full citations at the end of the memorandum under References.

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On the way to the stationhouse to book Wilson on the destruction of property charge, Officer Smith looked over her shoulder and said to Wilson, "Good thing Joe Kelly wasn't around or you'd have more broken bones than whole ones."

I'm no pervert." Wilson said. "I don't deserve this."

Smith said. "Hey pal, I'm just doing my job. I'm not looking for another collar to pad arrest stats."

"So, I guess you don't care about the guy living next to me running dog pit fights." said Wilson.

When she finished booking Wilson it was nearly 3:00 a.m. After grabbing something to eat, Smith drove back to Wilson's address at 3406 Beechwood Street. The house stood on the corner next to Ace Liquors and Rock 'n Roll Rides used car lot. The only structure of any size was the liquor store with an apartment on the top floor. The car lot office was a double-wide trailer. Everything was closed for the night. Smith didn't have any experience with pit fighting but she knew enough that they involved inhumane treatment of animals. Concerned for the immediate welfare of the dogs, Smith didn't want to wait for a warrant. She called for other officers to join her. When her colleagues arrived, she had KevinArcher cover the front door while she and Officer Oscar Wentworth went to the rear of the store.

Smith explained the conversation she had with Wilson and what he said about pit fighting. "I don't have a warrant, but I'm afraid for the dogs." Smith said to Wentworth. "I'm good with that" Wentworth answered.

Smith then fisted the rear door several times and announced, "Police, we have a warrant for the premises." When there was no response, she and Wentworth forced the rear door and entered the store. Smith searched the basement, but found no dogs, or any other animals. Wentworth approached Smith and said, "Look what I found in a drawer under the counter." It was a 12-gauge shotgun with a sawed-off stock and barrel.

"Tag and bag it." Smith said.

Out front, Officer Archer had a man bent over the hood of his patrol car, handcuffed. Archer said to Smith "This guy says he's Alfonso Gilbert. He claims he owns this place. His security company alerted him that the store alarm was going off, so here he comes, running down the street waving this." Archer then produced a .38 caliber Colt revolver that he had secured in an evidence bag. "I damn near shot him, but I tackled him and threw him up against the car. That's when he started screaming, 'I'm the owner. I'm the owner.' When I took the gun, he went ballistic, so I cuffed him for disorderly conduct. I checked; the gun isn't registered. When I asked him, he said he's got no permit."

"Good" said Smith. "We got him with this too." displaying the illegally re-sized shotgun.

When Alfonso Gilbert found out that Holland was representing his neighbor Wendell, he asked Holland to serve as his defense attorney as well. Gilbert is charged with the firearms violations as well as disorderly conduct the Criminal Law article of the Maryland Annotated Code..

Holland says to you, "It's all yours."

PART 2

1. What is admissible and what is not admissible as evidence against Alfonso Gilbert, and why?
2. Could the actions of Officer Smith and Officer Wentworth meet the criteria for any criminal offenses? (Disregard any immunity defenses.)

INCLUDE cited legal rules, cases, legal concepts, etc. with in-text citations as well as full citations at the end of the memorandum under References.

A. Identify the crime(s)

B. Align elements of the crime/s with the facts provided

Format:

To:

From:

In Re: Wendell Wilson and Alfonso Gilbert

Part 1

Brief summary of the facts.

A.

B.

Part 2

Brief summary of facts

Response to 1.

2.

A.

B.

References:

Format: To: From: In Re: Wendell Wilson and Alfonso Gilbert Part 1 Brief summary of the facts. A. B. Part 2 Brief summary of facts Response to 1. 2. A. B. References: Subject: Law - Other