Question
Walter White (aka, Heisenberg) is a 50-year old chemistry teacher at a local high school in Polk County. He has been diagnosed with lung cancer
Walter White (aka, "Heisenberg") is a 50-year old chemistry teacher at a local high school in Polk County. He has been diagnosed with lung cancer and is given a year to live. He has a disabled teenage son, Walter Jr., and financial problems. To leave his family in good financial shape upon his impending death, Walter decides to partner up with a local, minor drug dealer, his former student, Jesse Pinkman, to produce and sell crystal methamphetamine.
Pinkman agrees to do so and, based upon Walter's superior knowledge of chemistry, they make a product that is 98% pure and call it "crystal blue," Thereafter, through Jesse's contacts, Brandon "Badger" Mayhew and "Skinny Pete," they begin selling it on the streets of Lakeland and make huge profits. Walter's wife, Skyler, accidentally learns what Walter is doing and reluctantly agrees to use the checking accounts in the name of her car wash business to deposit funds obtained through the sale of "crystal blue."
Walter's brother-in-law, Hank Shrader, is in charge of the local Drug Enforcement Agency (DEA) offices in Lakeland. One afternoon, wracked with guilt, Skyler White breaks down and confides to her sister, Marie Shrader, Hank's wife, that Walter is selling crystal meth. A few days later, Marie tells Hank. Hank then meets with Skyler at a restaurant but she denies telling Marie anything and leaves the restaurant.
That same day, using a key that Skyler had given to Marie, Hank goes over to the White's house and during a search, finds a bag of "crystal blue" in a shoebox hidden behind a secret compartment in the closet of the master bedroom. In the shoe-box is a map to a secluded "cow house" - aka, barn - in a deserted area twenty miles from Lakeland. Hank and his partner, Steve Gomez, drive out to the barn indicated on the map. Upon entering it, they find a meth lab with several pounds of "crystal blue," and two barrels stuffed with cash totaling $1 million.
Answer each of the following questions:
- What type of crime have Walter White and Jesse Pinkman engaged in based upon their production and sale of "crystal blue?"
- What crime could Skyler White be charged with for allowing Walter and Jesse to deposit funds received from the sale of "crystal blue" into her car wash business' checking account?
- In what Florida court would state criminal charges be filed against Walter, Jesse and Skyler? Explain why.
- Assume that after charges are filed against Walter, Jesse and Skyler, they hire Saul Goodman, Esq., with offices in Bartow, to represent them. He promptly files a motion to suppress the evidence seized during the search of the White's house and the barn. What grounds may Mr. Goodman state as the basis for this motion to suppress? As judge, would you grant this motion?
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