Criminal Law Exercise #3FRAZZLED FREDCase Facts: Part 1-Fred is driving with Joe on a city street at 3:00 AM. Fred is driving very slowly and weaving his vehicle from left to right as he drives.-While driving in this way, Fred fails to stop for a stop sign and his vehicle is stopped by Los Angeles Police Department officers.-Officers approach Fred and engage him in a discussion about his actions, while Fred is seated in the driver's seat and the officers are standing outside his vehicle.-While Fred is talking to the officers, the officers note that Fred is nervous, sweating and shows signs of being under the influence of methamphetamine.-During this discussion, the officers ask Fred if he is armed and in response, Fred nervously glances back at the trunk of his car, turns back to the officers and says no.-The officers then ask Fred and Joe to leave the car and sit on the curb.Case Facts: Part 2-The officers then perform sobriety tests on Fred (e.g. walk a straight line, shut your eyes and touch the end of your nose with your finger, etc.). Fred fails the tests. The officers then talk to Joe and determine that he is not impaired by alcohol or drugs. Fred gives verbal permission for Joe to drive Fred's vehicle back to Fred's home. -After the tests on Fred are complete, the officers determine that a reasonable suspicion exists that Fred possesses a firearm in the trunk of his car and that they have probable cause to believe that Fred is driving while impaired by drugs, -They arrest Fred for being a felon in possession of a firearm and driving under the influence, impound Fred's vehicle, and have Joe take an Uber home. While at the scene, they search the car but find no gun or drugs. -Fred is taken to the station, booked into LAPD custody and placed in an interrogation room. In the room, officers immediately begin questioning Fred about his drug use.Case Facts: Part 3-After an hour of questioning, Fred admits to having ingested a significant amount of methamphetamine at a party before driving away with Joe, to possessing a pound of methamphetamine in a hidden compartment located behind the back seat of his car, and to having a gun in a second hidden compartment in the trunk of that car. At no time is Fred ever read his Miranda rights.-With this information in hand, officers contact the CSI unit and tell them to immediately search the car again and look specifically for drugs and guns in the areas described by Fred. CSI searches the vehicle and finds a pound of methamphetamine powder and a 9mm handgun in the vehicle where Fred said they would be. The gun is analyzed and found to have been used in a bank robbery two weeks before by a person who matches Fred's description.

E'i'ExerCIse 3. Frazzied Fred Questions 1\" 1 What crimes do you believe Fred committed r ' and why? 2. Does Fred have any defenses? If so, why do i they apply and what effect do they have on his case? Lit. If the facts change and Fred is read his Miranda rights before being interrogated, does this change the analySIs and if so hOW