Assignment 2: Legal Analysis Memorandum

Instructions
Assignment 2: Legal Analysis Memorandum

For this assignment, you will submit a three-page memorandum evaluating whether Brown violated Maryland law and identifying the specific criminal law code sections.

You must use the fact pattern provided below, the Annotated Code of Maryland, Criminal Law (see the below link to this source), and your class materials for this assignment.  All sources must be properly cited.

Structure the body of your memorandum using the IRAC method provided below:

I. Facts: Summarize the material facts as set forth in the below fact pattern.

II. Issue:  The issue is a statement of the question to be addressed in the memorandum.  Specifically, you must discuss whether Brown violated Maryland law and identify the specific criminal law code sections.

III. Rule: Cite to the applicable sections of the Criminal Law code that apply to the fact pattern.  You may also cite to your class materials and any secondary sources to identify and explain the legal standards and rules applicable to determining whether Brown violated Maryland law.

IV. Analysis: Clearly and thoroughly explain the relevant law, as it relates to the specific facts in the fact pattern provided below.

V. Conclusion: State your conclusion as to whether Brown violated Maryland law and the specific criminal law code sections.

Format Requirements

Paper must be double spaced, 11 or 12 pt font and 1margins all around.
All APA 7th edition format requirements must be followed (cover page, in text citations, reference page). Refer to APA/UMGC – learning resources found in the content page of this course.
You must have resources to support your thoughts/opinions/information.  These must be cited both in text as well as at the end of the document. Your paper should not contain direct quotes, sourced material must be paraphrased.

Link to the Annotated Code of Maryland, Criminal Law:

https://govt.westlaw.com/mdc/Browse/Home/Maryland/MarylandCodeCourtRules?guid=N958DC5209B6511DB9BCF9DAC28345A2A&originationContext=documenttoc&transitionType=Default&contextData=(sc.Default)&bhcp=1

Fact Pattern

The facts are as follows: Julio Manga and his wife are the co-owners of a residence at 123 10th St. Annapolis, MD. Jonathan Brown was at the Manga’s house on Sunday, February 10, 2018, watching the Super Bowl.  A concerned citizen contacted 911 and reported that the occupants of the home were selling drugs out of the home and were presently smoking marijuana and that one individual identified as Brown had a handgun in his waistband as he entered the residence. Based on the 911 call, Officers responded to the residence.

The Mangas’ home has a very large living room window and while walking up to the front door, officers observed through the window Mr. Brown and two other guests sitting on the couch watching television and smoking something.  They also detected a distinct odor coming from the residence and observed Mr. Brown hand a very large baggie of greenish-brown matter next to someone standing near the couch.  Based on the officers training, knowledge and experience, the particular smoking device being used and the distinct odor they detected, the officers reasonably believed the substance the occupants were smoking and contained within the large baggie was marijuana. 

Officers then knocked on the door. After hiding the drugs, Mr. Manga opened the door and granted the officers access to the home and consent to search.  When the officers came inside, they informed Mr. Brown and his friends that they had witnessed the transfer of a baggie of marijuana between Mr. Brown and another gentleman and that everyone in the room had been observed smoking marijuana through the living room window. Police then observed what looked like a handgun sandwiched between the cushions of the couch near Mr. Brown and upon further inspection discovered three additional handguns underneath the same couch.  The officers then conducted pat-downs of Mr. Brown and everyone else in the room. On Mr. Browns person, the officers recovered two digital scales and $1,541 in cash. On the person to whom Mr. Brown had handed the large baggie of greenish-brown matter, officers recovered a large baggie of marijuana.  None of the guns are properly registered and none of the occupants have valid permits to carry any firearms.

Discuss the potential charges that can be filed against Brown.

 

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