Rights of the accused Midterm

Write opinon based juducal case reviews on the cases provided below. Each answer has to     be at least 1 or 2 paragraghs 
(1) In August of 2021, the University ran a trial of the new cards, focusing solely on the AVNGRS  alcohol/drug detection. The University Police receiver was activated only after 8:00 pm.  Each positive hit resulted in an incident report submitted to the Office of Student Affairs; the student was notified and was subject to administrative sanctions. The test results were not forwarded to law enforcement officials, and no further action was taken. Nevertheless, nontraditional student Steven Rogers, who received Campus Conduct Probation and was required to complete a drug and alcohol course, sued the University claiming that the AVNGRS and his sanction violate the 4th Amendment, because the scanning is suspicionless, infringes on privacy interests in its misappropriation of a personal identification device, and is not how the AVNGRS was meant to be, or the America I know and love. Peter Parker, a child prodigy of sorts who was a sophomore despite being only age 16, was also given Campus Conduct Probation after being found liable for flipping over a vending machine with some kind of sticky substance, almost like webbing. Mr. Parker claimed he was not at liberty to discuss the webbing or the suit; UPD subsequently searched his on-campus residence, and what they found would shock the reader… but the Court has been placed under a gag order pending release of Spider-Man 3: The Great Valk-Off. For now, Mr. Parker was placed on Strict Campus Conduct Probation; no details were given to local media, but an officer, speaking off the record, noted that a strange voice calling itself Edith began mocking the officers during the room search, and they blamed Mr. Parker, calling his behavior erratic and immature, during the execution of a legitimate administrative search, and… again, the gag order… nothing more can be disclosed at this time. The University argued that there were no criminal proceedings or punishments, and that the AVNGRS satisfied the 4th Amendment, particularly because the program targeted students making food purchases after hours which may be associated with the munchies which is a logical pool of students more likely to be using illegal substances (and alcohol on campus, also a violation). Therefore, the searches and subsequent proceedings involving Captain Rogers and Mr. Parker were constitutional. 
 
After the cards yielded a number of positive hits during the August trial, Northwest began operating the receiver 24/7 on September 1, and began sharing data with the Missouri Agency for Rural Vice Law (MARVL), creating a MARVLs AVNGRS program. Under the programs terms MARVL was not allowed to use the data as evidence in criminal cases without written consent from Northwest; but it was intended to assist the officers in their investigations and could therefore be used to establish probable cause or reasonable suspicion. The University also granted MARVL officers certain rights of access to student disciplinary cases. The program led to the following disciplinary charges and arrests.
 
(2) On a day with particularly heavy rain, Carole Ds Bearcat card gave a reading of inconclusive at the Station. Because the result was not clearly negative, two officers tracked her across campus to the parking lot behind Perrin, where they saw her lower a large SUV into a parking space– apparently she had been carrying it and a keg fell out the side door. Carole swore, flipped the keg into the air with her foot, and casually slapped it into a dumpster. The officers approached Carole and questioned her about what shed just done. The keg was in my way, she complained, and this isnt my car. You carried something this big, and its not yours? Sure. Step back to the car, you freak. The officers had K-9 officer Rover conduct a drug sniff of the car. Rover barked at the passenger door; they then popped the trunk and found three bags of green leafy substance. Do you use this to get high, and is there more in your room? Thats my motto: higher, further, faster no, wait, that came out wrong. It did, the officers replied. They read Carole her Miranda warnings, took her with them to her room, and found four bottles of vodka under her bed. She was charged with multiple counts of MIP. At trial she challenged use of the evidence on several grounds: (a) that the entire process was initiated by 4th and 5th Amendment violations; (b) the searches of the carwhich she continued to insist wasnt hers– and her room were improper; and (c) she was compelled to incriminate herself. The State claimed that everything was pre-custodial, that the searches were proper, and that probable cause for the vehicle search legitimized all subsequent actions.
 
(3) After a positive hit for a strange, unknown narcotic, TChalla was brought up on University disciplinary charges. At his informal meeting with Student Affairs– during which he denied any wrongdoing– he stated that its a flower gives me special powers you wouldnt understand. He first claimed his statements were matters of national security, then stated that he was joking, but Student Affairs decided it sounded like a MARVL plot and shared the statement with that organization. Following this tip, MARVL activated the advanced microchip features. The card did not record a drug sale, but did record TChalla putting a case of beer in the trunk of a car belonging to Shuri, a sophomore student. When he was picked up and questioned, TChalla stated that its for her 21st birthday next week; she wasnt going to open it until then. Also, she wasn’t going to drink it herself; she was only going to use it for experiments on Colonials behavior. He claimed treating his joke as suspicious violated the 5th Amendment, and that everything that followed violated the 4th and 5th Amendments. The state argued that statements made in the course of university proceedings and ongoing MARVLs AVNGRS cases are not subject to Miranda; nor were the statements used to prove guilt in court. Shuris car was searched and she was given an MIP charge; she also sought to suppress the evidence, claiming a violation of the 4th Amendment and that the evidence was the product of multiple 5th Amendment violations. The State responded that TChallas statements did not violate Shuris rights, and that Northwest has special authority over its students, particularly those under 21.
 
(4) The microchip in Thor Odinsons Bearcat card alerted several times over a weekend. A MARVL AVNGRS team (University officer and narcotics officer) approached Mr. Odinsons car in the Valk parking lot on Monday evening, where he and another male, later identified as his stepbrother, were asleep in the back seat. When awakened, they explained that they were sleeping in Odinsons car to save money on housing… because our whole world was destroyed… you don’t know what that’s like. The officers called in the license plate number and learned that Mr. Odinsons registration had been suspended pending a new vision test (hed lost an eye in a tragic accident), but had been renewed without explanation that morning. Based on this suspicious information, they concluded that Odinson had been driving impaired, and on a suspended license; ordered both men out of the vehicle, and wrote a summons. When Thor angrily objected, the officers told him, You had alcohol in your system last weekend Id guess for the last few years which lets us search more thoroughly, and your belligerence means we can conduct a Terry search. The search yielded only Thors keys, which the officers used to pop the trunk. Thor again objected, and his brother stated, well, he cant stop you, can he? He added that Thor was a bit of a hothead at times, but Im a bit more low-key. The officers were not amused; they knocked the smirking young man to the ground, broke the plastic scepter he was carrying, and hit him with the broken pieces until he stopped talking. There were two cases of Miller Lite in the trunk. Thor was charged with having alcohol on campus, as well as a scolding for poor taste, even if it is less filling. At trial he argued that the search violated the 4th Amendment, and that his brother was subjected to excessive use of force, also in violation of the 4th Amendment, which was further coercion. The State responded that the officers had reasonable suspicion of drinking on campus, and that “Mr. Low Key” was never in custody, so his treatment was irrelevant.
 
(5) After a positive illegal substance hit was received from non-traditional student Bruce Banners Bearcat card, Campus Police switched the card to advanced mode, and overheard him telling another person that sure its illegal, but back off you wont like me when Im angry. MRVL was contacted, and an agent ran his fingerprints against the FBI database, which disclosed an outstanding warrant out-of-state for becoming angry, turning green, and REDACTED # # CLASSIFIED # # massive destruction # # CLASSIFIED. Two MRVL officers were dispatched immediately to his off-campus residence, which they found by activating the cards GPS feature. Mr. Banner answered the door, but refused to let the officers in, saying Tired need rest or will smash. The officers waited for several minutes, then rang the doorbell again, whereupon a female, Natasha, answered. The officers asked if they could enter the home to search for weapons or illegal substances, but we dont want to bother your friend; she nodded, you really dont want to bother the big guy; ok, you can search, but just for weapons. No weapons were found, but the officers did find several illegally downloaded AC/DC songs on a laptop which had been left on. Mr. Banner was then awakened, arrested, Mirandized, and charged with violating copyright laws, plus possession of a controlled substance due to the positive card scan. He sought to have the evidence suppressed.