You are a paralegal for Clark and Jones in San Francisco, California. You have been asked to research Federal as well as California case and statutory law for a real live criminal case with crossover into privacy/freedom of speech based on the scenario below.

The firm's clients are a husband and wife - Smither William and Pink Jayda. The couple went to a comedy dinner show last year in Hollywood on April 3^rd of 2022 and sat in the front row. Smither placed his backpack on the empty chair next to him and Pink placed her purse on the table. They were looking forward to seeing famed comedian, Rock Christiansen, perform. Pink suffers from a blood disorder and takes blood thinning prescription medication.She took out her vial of prescription pills from her purse and placed them on the table in front of her just as Rock's act was about to start. Pink was planning to take her pills once water was served. Meanwhile, Rock made some well-received jokes and then focused on Ms. Jayda's prescription pills on the table within his vision and grasp. Rock grabbed the bottle of pills from the table and read the label to the audience and made jokes about how these should really be Viagra pills for Smither's use. The audience laughed at the joke, but Smither was not entertained. In fact, he was outraged. Smither jumped on stage and walked towards Rock with a menacing look on his face. Rock clenched his fist and raised it but did not strike Smither. Smither then slapped Rock and yelled at him twice to never again mention him or his wife or the medication. The comedy club's private security called the local police who, moments later, arrived and asked Rock if he would like to press criminal charges.Rock refused by the police decided to arrest Smither anyway and charge him with misdemeanor assault.

At the time of his arrest, Smithers was on probation for a drug possession conviction in Moss Beach the year prior. His probation included a 'warrantless search' provision and required that he register with a drug class. Smither did not register for the class and therefore violated the terms of his probation. Because of this, a warrant was issued in the amount of his arrest for twenty-thousand dollars.

When officers arrived, they saw the backpack on the chair next to where witnesses told them Smither had been seated just before the fight. The officers assumed the backpack belonged to Smither, but they did not ask Smither, Pink or anyone else whether it was indeed Smither's backpack. The officers then decided that because they had a warrantless search clause for Smither's in connection with his previous case, that they had the right to look through both the backpack and also the purse on the table which belonged to Pink to determine if contained unlawful controlled substances.

The police found a small amount of cocaine , various small Ziplock baggies and a small digital scale in the purse but found nothing in the backpack. Under questioning about the drugs, Pink claimed that her husband had been looking for something in her purse before the show started when she was in the club's restroom. She claimed that the items found in the purse were not hers and did not know how those items appeared there. Pink was then arrested and put in the patrol car next to her husband.

At the police station, Smither was brought in to be questioned. He was told that his wife could face charges and end up in jail. He was further told that this could be avoided if he cooperated. He then was read his Miranda rights and then under questioning admitted that the cocaine was his and he had been selling it and that his wife knew nothing of his operation. He was then charged with possession for sale of a controlled substance for sale pursuant to California Health and Safety Code Section 11351. His preliminary hearing is scheduled for May of 2023. Also, Pink wishes to sue Rock for invasion of privacy when he read aloud her medical prescription to the crowd.

You have been asked to research.Using the Internet as your guide, write standard legal memorandum which reveals:

2. A California Appellate or California Supreme Court decision from the past ten years that discusses the Constitutionality of an law enforcement officer's ability to search the purse without a warrant assuming the police reasonably believed the purse to be that of Pink's. Please find another California Appellate Court decision discussing the ability to search the backpack by the police who did not know but strongly suspected that it belonged to Smither. Please succinctly recap the facts of the decisions as well as its holding and provide a link to the decision.
4. The name and brief description of the legal standard for making an arrest when the victim does not want to press charges. Please find a case that discusses this issue in California.
6. Find a Law Review article or Legal Treatise/Journal discussing self-defense to criminal assault charges in California and argue briefly in no more than two paragraphs whether or not you believe Smither actions were done in self-defense and therefore possibly do not constitute criminal conduct. Provide a link to the article and paste a passage from the article that may be relevant to the issue of self-defense.
8. Find a Federal case law that discusses one's right to privacy regarding medical conditions and provide a link to that case law. Then discuss briefly in no more than two paragraphs whether or not you believe Pink can proceed with a case against Rock and, if so, under what cause of action and in what court. Discuss whether Rock is under the same or different legal obligations than would be a doctor or other health care professional with respect to Pink's privacy claims against him. Can Rock claim freedom of speech as a defense against the privacy action? Describe in no more than two paragraphs for each inquiry above.
10. Is there a state rule or case law which precludes or discourages the firm from representing BOTH Smither and Pink? If so, is there a 'work around' to such a possible preclusion? Please describe in three paragraphs or less and cite the rule or case, if any, that you find. Also, because over a year has passed since the comedy show can Pink still sue Rock for invasion of privacy or has the statute of limitations already ran? What is the statute of limitations for bringing such an action. Describe where you found your answer and the query used to get to your answer.

                     

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Answer Legal Memorandum To Clark and Jones Law Firm From Your Name Paralegal Date Date Subject Legal Research on Various Issues Arising from Smither and Pinks Case I California Appellate Court Decisio... View the full answer