Steve Wiebe lives in Ashville, Ohio, a small town of about 2,000 people. Steve, who is 35 years old, was never successful as an athlete nor as a lady’s man, which means he spent most of his adolescence in his basement playing Nintendo. Steve thought he had found his life’s purpose after watching the documentary “The King of Kong: A Fistful of Quarters.” Steve was determined to take down the world record score on Donkey Kong held by the diabolical Billy Mitchell. Steve Wiebe worked as a pizza delivery “man” at Little Donnie’s Pizza, where he had been employee of the month for the last eight months. Using his leverage as the best employee, Steve threatened to quit if his boss did not buy a Donkey Kong machine for the lobby. Not wanting to lose Steve as his star employee, the boss won a nail-biting auction on for a pristine 1982 Donkey Kong Machine. Once the machine arrived, Steve spent every waking moment either delivering pizza or playing Donkey Kong. However, after about a month, Steve began to run out of quarters because he only made minimum wage and his mommy cut the quarter supply off (he still lives at home in the basement). After all, we all know the average Donkey Kong game only lasts 60 seconds. It became clear to Steve that he needed a plan B, so after giving it much thought, he made the genius decision to break into Fun Spot, the local arcade, because he used to work there and knew where to find the stash of quarters. Steve saw this as a chance to not only fund his Donkey Kong addiction, but also as a chance to get revenge against Fun Spot because nine months ago they fired him and brought in the new boy wonder on Donkey Kong, Brian Kuh, to manage the arcade. So after a week of planning, Steve put his plan into action.
The next day, Steve Wiebe shows up to work with a 5-gallon bucket filled with quarters and his game-face on. As he sat on the stool with the bucket of quarters playing Donkey Kong, Police Deputy Walter Day walks into the pizza joint for his nightly snack. Deputy Day says “hello” to Steve and notices the bucket of quarters, which strikes him as being a little odd. Deputy Day, using his crackpot investigative techniques to conclude something might be up, begins to ask Steve where he got all of the quarters. Steve ignores Deputy Day’s questions for a while as he is approaching a personal best Donkey Kong score; however, after a rogue barrel takes Mario out, Steve is distraught and decides he needs some fresh air. As he gets up to leave, Steve realizes Deputy Day is a physically imposing figure in uniform with a gun and Steve believes he cannot get around him to leave, so Steve decides to sit back down. Deputy Day then continues asking Steve about the quarters and Steve finally cracks and confesses to the Fun Spot heist. After Steve’s confession at the pizza shop, Deputy Day immediately calls the local prosecutor, DA Saunders, and advises him of the situation. Deputy Day wants to search Steve’s room in his parent’s house, but DA Saunders tells them he does not think there is enough evidence to get a warrant because Steve never mentioned his house during the confession. However, DA Saunders does say that the local judge rarely denies a request for a search warrant, so there’s a chance. Deputy Day puts together an affidavit for the judge requesting a warrant to search Steve Wiebe’s room for a key to Fun Spot (there was no sign of forced entry at the scene of the crime, so Deputy Day suspects a key was used to gain entry) and other evidence of the Fun Spot heist, which the judge grants.
Deputy Day takes the warrant to the house and gains entry after presenting Steve with the warrant. In searching Steve’s room, Deputy Day finds many bizarre things, including a disturbing poster of David Hasselhoff. However, he also finds a bag of marijuana hidden under Steve’s mattress. As Deputy Day continues his search of the room, he notices a laptop computer sitting on a desk. Deputy Day asks Steve if there is any evidence of the heist on the laptop to which Steve replies, “yes.” Deputy Day asks Steve to power-up the laptop so he can have a look, but Steve refuses and goes on to state that the laptop’s hard drive is encrypted and requires a password. Deputy Day then orders Steve to power-up the laptop and enter his password and this time Steve complies. In searching the laptop, Deputy Day finds detailed plans of Fun Spot. At this point, Deputy Day is getting ready to leave the house when he notices Steve is acting very jittery (probably a result of the seven Red Bulls he had over the course of the previous five hours to stay awake for Kong). Deputy Day is concerned Steve might do something crazy, so Deputy Day frisks him. Deputy Day feels something in Steve’s pants pocket, so he reaches in and takes it out. The item is an Exacto knife Steve claims he uses when assembling model airplanes. Deputy Day did not see any model airplanes during his search. Deputy Day arrests Steve and searches his remaining pockets. Deputy Day retrieves a wadded up piece of paper that describes in detail how Steve Wiebe pulled off the heist of the century and how he plans to kill Billy Mitchell. Steve is then put in jail where he shares a cell with Mr. Awesome. Your task is to write a detailed essay discussing the admissibility of the
following pieces of evidence:
1. Steve Wiebe’s confession at the pizza shop
2. Marjuana found in Steve’s Bedroom
3. The Fifth Amendment implications of the Fun Spot plans found on the laptop
4. The piece of paper found in pants pocket4th and 5th AmendAssignment Fall 2014.docx contains the assignment prompt. Otheradditional cases are: U.S. v. Katz, Kyllo v. U.S., Illinois v. Gates, Missouri v. McNeely, California v. Carney, Schneckloth v. Bustamonte, Mapp v. Ohio, Davis v. North Carolina, Miranda v. Arizona, Berkemer v. McCarty and Berghuis v. Thompkins