i just received a telephone call from Wendy Jammer's mother, who is a friend of mine. I
Question:
i just received a telephone call from Wendy Jammer's mother, who is a friend of mine. I then spoke with her daughter. This memo records my discussion with Wendy Jammer. On the evening of August 16, 2022, Wendy Jammer was arrested and charged with possession of a burglary tool and first-degree burglary. She has asked us to represent her. Wendy Jammer is a 19-year-old sophomore at the University of Oregon. She has no prior criminal record. According to Ms. Jammer, on the evening of August 16, at approximately 11:30 p.m., she was walking in downtown Eugene when she stopped in front of the Buy & Sell, a store that sells new and used musical and electronic equipment. In one of the windows, Ms. Jammer saw a guitar that she had been saving up to buy. Ms. Jammer continued walking down the street and looking in the store windows until she reached a set of two doors used for loading and unloading large equipment. She noticed that the doors had only one lock, a lock in the door handle. "For fun" and "just to she if she could do it," she tried the door, but it was locked. Ms. Jammer took a credit card out of her wallet hoping to jiggle the lock open. She inserted the credit card between the two doors. She jiggled the card but was unsuccessful. Then, she removed the credit card from the doors and bent it; that is, she made the credit card more flexible by creating a crease down the middle of the card. She re-inserted the card between the two doors. This time, she was able to bend the credit card back, hold the lock flush against the door, and slide the door open. She then unfolded the credit card, which now had a crease in it, and put it in her back pocket. Once inside, she went to the front window where she had seen the guitar she wanted. She took it from its stand and then left the store through the loading and unloading doors that she had unlocked. Ms. Jammer thought that she had entered the store without anyone seeing her and that she could leave without anyone knowing she had been there. Unfortunately, Ms. Jammer had tripped a silent alarm. When she was two blocks from the Buy & Sell store, the police arrested her. They took the guitar from her. Then the police frisked Ms. Jammer. They found the credit card with the crease down the middle in her back pocket. 2 She has been charged with first-degree burglary. Ms. Jammer told me that she would be found guilty at trial because her "fingerprints were everywhere" and they "caught me with the guitar." I explained to her that we needed to investigate whether the credit card was, in fact, a "burglary tool." I told Ms. Jammer that we would research this question and get back to her. -
Smith and Roberson Business Law
ISBN: 978-0538473637
15th Edition
Authors: Richard A. Mann, Barry S. Roberts