Due process at the federal and state level.

Due process at the federal and state level.

pretend you are a public defender( defense attorney)

your client is a resident of California. Last summer was arrested in Yosemite national park by the federal government for possession of marijuana. The marijuana was seized from his camping tent without a warrant. The officers removed a tarp from the top of the tent and found the marijuana inside. your client is currently being charged with felony possession because this is his third offense, and he has chosen to plead the fifth. Build a case for his defense using the equal protection clause of the 14th amendment and exclusionary rule of the fourth amendment. Then explain if his defense would change significantly had he been arrested and charged by the Arizona State government and not the federal government. Some things to consider what is the evidence obtained legally? does federal policy supersede state law? Your client is facing three years in jail and a $5000 fine. Is this punishment excessive? Can you find any recent cases that pertain? remember originally the bill of rights only applied to the federal government and through the process of selective incorporation most now apply to the state as well.

The point of this assignment is to analyze due process rights of the accused and how they apply to the federal and state governments

3 Graded Assignment 25 Max Points Pretend you are a public defender (defense attorney) Your client is a resident of California Last summer he was arrested in Yosemite National Park by the federal government for possession of marijuana. The marijuana was seized from his camping tent without a warrant. The officers removed a tarp from the top of the tent and found the marijuana inside. Your client is currently being charged with felony possession because this is his third offense, and he has chosen to plead the Fifth Build a case for his defense using the equal protection clause of the Fourteenth Amendment and the exclusionary rule of the Fourth Amendment. Then explain if this defense would change significantly had he been arrested and charged by the Arizona state government and not the federal government Some things to consider was the evidence obtained legally? Doen federal policy supercede state law? Your client is facing three years in jail and a $5,000 fine. Is this punishment excessivo? Can you find any recent cases that pertain the dwelopment of jurisprudence in this area that may help build your case? Remember originally the Bill of Rights only applied to the federal gewemment, and through the process of selective incorporation most now apply to the states as well The point of this assignment is to analyze due process rights of the accused and how they apply to the federal and state governmenta Skills Identify the rights of the accused Analyze how the Bill of Rights impacts other nights, including the inght to privacy