1.You are having dinner at your favorite restaurant when it begins to rain. As you are leaving, you decide to take an umbrella from the umbrella stand to keep from getting soaked. You intend to return the umbrella to the restaurant the next day, although you say nothing to the restaurant’s employees of your plan. When you arrive home, you enter the house and leave the umbrella beside the door so that you can find it in the morning.

A few minutes later, there is a knock at your door. When you answer it, a police officer is standing outside, and she states that she wishes to speak to you. As it is still raining, you invite the officer inside. Once inside, she sees two things: (1) the umbrella, and (2) a sandwich baggie laying on your coffee table that contains a green, leafy substance.

The officer then picks up the umbrella and the baggie. She immediately asks two questions. First, she asks if you are the owner of the umbrella, to which you respond in the negative. Then she asks whether you are the owner of the baggie containing the green, leafy substance. To this you respond in the affirmative.

The officer then places you under arrest, and says that you are being charged with larceny of the umbrella and possession of marijuana.

Prior to your trial, you tell your lawyer that you believe the seizure of the umbrella and the baggie violate your constitutional rights under the 4th Amendment of the U.S. Constitution (which you learned about in Professor Buscaglia’s class). You also tell your lawyer that the statements you made to the police officer about the umbrella and the baggie were obtained in violation of your 5thAmendment rights. Finally, you tell your lawyer that you cannot be convicted of larceny of the umbrella.

In your answer, fully explain:

Whether your 4th Amendment rights were violated;
Whether your 5th Amendment rights were violated; and
Whether you can be convicted of the crime of larceny for taking the umbrellaII.

Sample Solution

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