The Traynor 2022 Problem

A police officer dispatched to a commercial parking lot discovered Peter Prescott sitting reclined in a vehicle. The officer detained Prescott and discovered that Prescott was in possession of drugs and a firearm. Prescott's subsequent suppression motion was denied and he pled guilty, preserving his right to appeal the legality of his detention. The reporter’s transcript of the suppression hearing that was held in the Superior Court is available by clicking the button below.

The case is now pending in the Court of Appeal for the Seventh Appellate District. The issues to be addressed in this appellate proceeding are:

 

Was Prescott legally detained? If not, is the discovery of a parole or probation search condition an intervening circumstance that removes the taint of an illegal detention under the attenuation doctrine? What constitutes purposeful and flagrant police misconduct under the attenuation doctrine analysis?


Competitors are advised they may not review or cite any decisions of the Court of Appeal in any case currently pending before the California Supreme Court. The record is drawn from a real case. Any attempt by any person, directly or indirectly, to contact the attorneys or the parties or to examine the case file (including any decisions and opinions) or briefs on which the problem is based is prohibited and can result in disqualification of the entire team.

ADDENDUM 1 

The relevant encounter in this case took place on January 2, 2019. The March 4, 2019 incident, during which drugs and a firearm were found in Mr. Prescott’s possession, is not relevant to the issues raised on appeal.

ADDENDUM 2

The police officer who searched Mr. Prescott's car on January 2 found narcotics, a scale, plastic baggies, an unloaded handgun and ammunition in Mr. Prescott's car. (Supp. RT 100.)*

 

*This is an undisputed fact. Supplemental RT 100 is now deemed to be part of the record and contains no further information. 

 

Brief deadline is extended until March 8, 2022.

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