Jane Doe was involved in the sale of used airplanes and owned a dealership in Seymour, Texas named Flying Owl Planes. Doe regularly engaged in the practice of altering the planes' Hobbs Meters when her employees were off duty and gone for the weekend.

 

For your reference, Hobbs Meters are similar to odometers in cars and give an indication of how often a plane has been flown. Planes with lower use are considered more valuable because of maintenance requirements that get costlier the more a plane is flown.   

Doe would also modify the dealership's paperwork so it would bolster the modified Hobbs Meters and then sell the planes for higher prices based on their status as "low use."

 

Several customers expressed to the salespeople that they were surprised to find used planes with such low usage for sale in the area and that the low use was the key reason for their decision to buy form Flying Owl.

 

Eventually, customers discover that the planes they purchased were altered and complain to the police who then conduct an investigation and determine that there is probable cause that Doe committed a crime. They then produce an affidavit setting forth the basis for the case against Doe and appear before a judge to obtain a valid warrant for Doe's arrest.

 

When the police show up to arrest her, Doe says "Is this about the altered Hobbs Meters?" After Doe is arrested, she continues to talk and freely tells the arresting officers that she modified the Hobbs Meters on the way to the station without them even asking her a single question about it. At the station she is then Mirandized for the first time by a detective and then refuses to answer any further questions and asks for a lawyer.

 

1. What is a crime? Under these facts, has a crime actually been committed? If so, what crime(s) (please limit your answer to the crimes identified in the text) has/have been committed?

 

2. What is meant by elements of a crime and what are the specific elements of the crime(s) that you identified for this situation?

 

3. Do you agree with the investigator that a probable cause exists that a crime was committed by Doe? Meaning, are all of the elements of the crime(s) identified by you established by these facts? (Please explain your answer.)

 

4. Will Doe's statements admitting her actions to the arresting officers likely be admissible during her trial? Why or why not?

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