Question
Last summer, Ahmed was walking home from library after a group study when he was approached by two Campus security officers. They accused him of
Last summer, Ahmed was walking home from library after a group study
when he was approached by two Campus security officers. They accused
him of stealing a laptop from the computer lab. Ahmed, who is a foreigner,
felt that he was being harassed. He told the officers to leave him alone and
he continued walking. They grabbed him and forced him to the ground. He
was searched and assaulted. Nothing was found.
Ahmed has engaged you to file a civil suit against the University, Campus
Security and the two officers. He alleges racial profiling, false
imprisonment and unreasonable search. Ahmed is a second year law student
(who has not taken a course of Law of Evidence yet) and wants you to
answer the following questions about his case with relevant authority.
1. Ahmed is a straight A student and wants to know whether this evidence
can be led?
2. Following the incident, the University implemented a new policy of
requiring the Campus security to obtain the permission of their supervisor
before searching a student on campus grounds. Ahmed wants to know if we
can lead this evidence as an admission by the University that the officers
acted unreasonably.
3. The defendants were criminally charged with assault in relation to this
incident. They were acquitted. Ahmed wants to know if the acquittal can be
admitted into evidence by the defendants.
4. Ahmed wants to know whether a rules regarding 'reasonable doubt' and
'credibility' will be used by the trial judge in applying the standard of proof.
5. Ahmed's allegations are serious and will result in the dismissal of the
officers from their jobs if he is successful. He wants to know whether the
Court will use a higher standard of proof than the normal balance of
probabilities standard.
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