Legal research: Paralegal
You are the paralegal at Florida National Law Group, a Miami law firm. Peter Smokey has just come to your firm for legal representation and a partner has asked you to conduct research and write an office memo detailing what the likely outcome of the case will be. A murder occurred in Westlandia Mall. In order to thoroughly investigate the murder, officers decided to do a roadblock at each of the exits of the mall. That meant that all of the people leaving the mall in their vehicles were being asked about whether they knew anything about crime before they could leave. Peter Smokey was an employee of the Foot Blocker at the mall, a store that mainly sold sneakers. Peter, who was very anxious about the whole murder ordeal, decided to leave work early; he went outside to smoke a marijuana cigarette, and then proceeded to leave. He was stopped at the roadblock, and when he rolled down his window to speak with the officer, the officer who was an expert in narcotics, instantly smelled the marijuana, looked at Peter and noticed bloodshot eyes, and told Peter to take a slight detour and park his car on the left side of the parking lot. Peter, proceeded to do so. The officer, named Officer Walterkins, again approached the now parked vehicle and this time, lying on the floor in front of the passenger’s seat noticed what appeared to be the remainder of a marijuana cigarette. Officer Walterkins asked Peter to get out of the vehicle. Peter, who was now scared of what was to come obeyed the officer. Officer Walterkins asked Peter if he had been using marijuana. Peter was not sure whether he would be better off admitting or denying, so he began by denying. Peter told the officer “I do not know what you are talking about.” Officer Walterkins told Peter that he did not believe him, and put him under arrest. Peter, who now came up with what he believed was a brilliant idea told Officer Walterkins, “bro if you let me go, I will hook you up with some more weed that I have in my locker at the store.” Officer Walterkins smiled and put Peter in the patrol car. The officer then went to Foot Blocker and searched Peter’s locker, he found a large Foot Blocker bag full of marijuana leaves. Later, Peter’s car was towed to the police station and they did an inventory search where they found the bud on the floor of the passenger’s seat was in fact the remainder of a marijuana cigarette and found three more cigarettes on the glove compartment of the vehicle. Write a paper discussing what if any evidence can the prosecution use against Peter? In order to do so you must also answer the following questions: Was the stop legal? Was the arrest proper? Was the evidence confiscated at the Foot Blocker the product of a proper search and seizure? Was the search of the vehicle proper? Do not limit yourself to answering only these questions, they should simply serve as a guideline to begin your memo and research. Use Westlaw to conduct your legal research.