Assignment no 1 · Title: Assignment no 1 Author: CamScanner Subject: Assignment no 1
Assignment 1
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Assignment 1 Upon receiving several complaints from neighbors at 3 a.m., about a barking dog, police arrived at the apartment of Sam Stone. As the police stepped off of the elevator, Sam’s dog could be heard all the way down the hallway. The police knocked on Sam’s door and were greeted by Sam, his six month old puppy, Scooter, and the distinct odor of marijuana. Police then observed Scooter playing with the straps of a gym bag on the couch. The gym bag tumbled to the floor and out spilled the contents – 2 pounds of marijuana. Sam was arrested. Sam was charged and convicted of a violation of the Dog Nuisance Ordinance and Possession of a controlled substance. Sam is now appealing his conviction to the Supreme Court. He argues that both statutes are unconstitutional on the grounds of void-for-vagueness. The statutes in question are listed below: Dog Nuisance Ordinance “No owner of a dog may allow such a dog to disturb or annoy any other person by frequent or habitual howling, yelping or barking. Whoever harbors such a dog maintains a nuisance.” Possession of a Controlled Substance “it shall be unlawful for a person to have within his/her possession or control any controlled substance. For the purposes of this statute, a controlled substance shall include: cocaine, heroine…and marijuana.” Based on the test found in State v. Metzger evaluate both statutes and determine if either of them are in fact void- for-vagueness. (1-2 pages in length, double-spaced).
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Transcript of Assignment 1
Assignment 1Upon receiving several complaints from neighbors at 3 a.m., about a barking dog, police arrived at the apartment of Sam Stone.As the police stepped off of the elevator, Sams dog could be heard all the way down the hallway.he police knocked on Sams door andwere greeted by Sam, his si! month old puppy, Scooter, and the distinct odor of mari"uana.#olice then observed Scooter playing with the straps of a gym bag on the couch.he gym bag tumbled to the floor and out spilled the contents $ % pounds of mari"uana.Sam was arrested.Sam was charged and convicted of a violation of the &og 'uisance (rdinance and #ossession of a controlled substance.Sam is now appealing his conviction to the Supreme )ourt.*e argues that both statutes are unconstitutional on the grounds of void+for+vagueness.he statutes in ,uestion are listed below-&og 'uisance (rdinanceNo owner of a dog may allow such a dog to disturb or annoy any other person by frequent or habitual howling, yelping or barking.Whoever harbors such a dog maintains a nuisance.#ossession of a )ontrolled Substanceit shall be unlawful for a person to have within his/her possession or control any controlled substance.or the purposes of this statute, a controlled substance shall include!cocaine, heroine"and mari#uana..ased on the test found in State v. /et0gerevaluate both statutes and determine if either of them are in fact void+for+vagueness. 11+% pages in length, double+spaced2.Assignment #1RubricDue date:Fri,Jan 30, 2015Point System:There are 2 issues/questions raised in this problem for a total of up to 25 points.The scoring ill brea! don as follos"1. #orrect application of rele$ant case la, statuteor theor%.& ' pts (for each issue)(*r correct anal%sis, rong result + , pts)2. -roper formatting of %our paper, including spacing and page requirements..ee also, guidelines set forth in /0 1ell 1ritten -aper2 hich is posted on 3lac!board. & 5 pts3. 4rammatical and spelling errors.& 5 ptsSubmitting the assignment: 6ouble&chec! to be sure %ou folloed the instructions and met the page limits 4et a friend to proofread the paper for mista!es 0ssignments are due at the beginning of class 7f %ou ill not be attending class, papers must be emailed b% the beginning of class
