Criminal Procedure Practice Exam #21.

A police officer was advised on a Wednesday by an informer that Smith was dealing in marijuana and that he would receive a large shipment on the following Friday. Since this informer had often given reliable information to the police officer in the past, the officer presented this but no additional information to a magistrate who issued a search warrant applicable both to Smith's apartment and to a house owned by Smith but occupied by his estranged wife.

In execution of this warrant on the following Saturday, the police located and seized usable quantities of marijuana in the garage of Smith's house. They then located Smith and arrested him, pursuant to a state statute making it a misdemeanor to possess marijuana. Smith resisted the arrest and a reasonable amount of force had to be used to subdue and arrest him.

Officer Jones asked Smith immediately after the arrest what he kept in his garage and Smith blurted out in reply: 'that ain't my marijuana.' Smith was then searched and more marijuana was found in his pocket.

When they reached the police station, Smith was properly and fully advised of his rights and he then demanded an attorney.

Assume that you were appointed to represent him. What issues would you raise in an attempt to gain his acquittal on charges of possession of marijuana and resisting arrest? Discuss.

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