For the purpose of this hypothetical question, assume that the actions occur in the fictional county of Roar in the fictional state of Lionsville.
State v. Smith
At 1:00 a.m. Officer Jones was on routine patrol where he was employed as a patrol officer in Roar, Lionsville, outside the Lake Tavern, a local bar. He noticed two individuals both of whom were white males around 20 years of age, standing outside the Lake Tavern. The Lake Tavern is known to be a high drug-trafficking area. Officer Jones observed the two individuals to be engaging in conversation and saw them exchange a small item hand to hand. Officer Jones could not see what the object was nor could he tell who passed the item to whom.
Officer Jones exited his vehicle and approached the two individuals. Officer Jones requested permission to search both individuals. Defendant Smith consented to the search. Officer Jones found no drugs or paraphernalia on Defendant Smith. Instead he found a pack of gum, house keys and five $100 bills. Defendant Brown also consented to the search. Officer Jones located a half‐kilo of cocaine on Defendant Brown’s person. Officer Jones placed both Defendant Smith and Defendant Brown in custody. Defendant Brown and Smith were charged with drug possession and distribution.
At the preliminary hearing Officer Jones testified that he had over 15 years of experience in working drug cases. He also testified that the half‐kilo of cocaine would sell on the streets for approximately $500. On cross‐examination Officer Jones testified that no blood or urine tests were done on Defendant Smith and that no fingerprints were taken of the half‐kilo of drugs.
1.You are the Prosecutor in this case; argue why Defendant Smith should be held over at his Preliminary Hearing.
2.You are Defense Counsel in this case; argue why Defendant Smith should not be held over at his Preliminary Hearing.
State vs. Smith
Incorporate the same set of facts as in Active Learning Discussion One. In addition to those facts know that Defendant Smith has a prior conviction for two felonies: drug distribution and vehicular homicide due to driving under the influence of alcohol. Defendant Brown has no prior criminal history. Bail is set on Defendant Smith at $200,000 cash. Bail is set on Defendant Brown at 10% of $50,000.
3.You are the Prosecutor in this case; argue why bail is reasonable for Defendant Smith.
4.You are the Defense Counsel in this case; argue why bail is unreasonable for Defendant