Background: Holland is now representing a new client, Roger. Holland asks you to assist with the initial assessment of Roger's case by interviewing Roger, analyzing the case and writing a summary report.

The facts in the case follow.

Facts: Roger was walking toward a national chain home improvement warehouse store from where he parked in the rear parking lot. He chose that lot because it's shaded by trees and shrubbery. As he was walking around the store's fenced-in lumber yard to the front entrance, he spotted a pack of wrenches and a pair or Vice-Grips on the ground with their store tags still attached. Looking round he saw no one. Roger picked up the tools, walked back to his truck and put them in his toolbox. He then resumed his walk to the front of the store.

At the store entrance Roger sees a police car, and inside the store he sees a police officer and a store security officer with a man in handcuffs standing near the Customer Service counter. The security officer was telling the police officer "We got this guy on video taking tools from the rack and then going to the lumber yard and throwing them over the fence so he can walk out the door and around the store to retrieve them. That's shoplifting in my book."

Roger says nothing, finishes his shopping, pays for his merchandise, walks back to his truck, and drives home.

Two days later police arrive at Rogers house along with a manager from the home improvement store. The manager tells Roger that they have reviewed the video tapes from the cameras in the rear of the store and can see him picking up the tools that the first suspect threw over the fence and putting them in his truck. Roger says, "I didn't steal anything." He then went to his truck with the manager and the police officer and, opening his toolbox, showed them the wench set and Vice-Grips with the store tags still attached. "I found these." He said. "I didn't know if they had been paid for and someone dropped them or what. I figured 'finders keepers' "

The officer explained that, because the crime did not occur in his presence, he would need to get a warrant to arrest Roger. When everyone left, Roger sought out Holland to see if he was going to be arrested and on what charges.

Instructions.

After interviewing Roger,analyze the case and prepare a summary report to Holland.

The analysis and report should address the following:

1. Using the Criminal Law of the Annotated Code of Maryland, identify the crime(s) for which Roger could be charged.

2. If charged, analyze, and describe the most likely arguments the prosecution would make to prove Roger is guilty of the crime(s).

3. Analyze the likelihood of Roger being convicted or acquitted of the crime(s), and why.

(Remember the burden of proof on the prosecutor, and that ...it's not what you know it's what you can prove in court. )

Format

Report

TO: Beckett Holland, Esq.

FROM: (your name), Paralegal

RE: Assessment of Client Roger's case

Date:

Brief summary of the facts:

Responses:

1.

2.

3.

References: