brief this case
this is FINAL EXAM
STATE v, JAMES JONES JR.
James Jones, Jr., the defendant, living in Nashville, was first questioned by the police on September 15 on suspicion that he was attempting to contribute money to Anti American Good Works, a worldwide charity that the FBI and police suspect of giving money, food, and weapons to a rebel group in Syria that is trying to overthrow the current ruler of Syria. At the outset the police gave Miranda warnings to Jones Jr. and he waived his right to silence, waived his right to an attorney and agreed to answer questions. The FBI asked questions generally about the charity and Jones denied any personal knowledge of the charity’s activities but said that his father, James Jones Sr., had given money to this charity all his life, ever since escaping from torture by the government in Syria as a young man. The police then asked Jones Jr. numerous questions about his parents, all of which Jones Jr. answered.
After this police interview,Jones Jr. paid cash for a bus ticket from Nashville to Chicago. Upon arrival in Chicago, Jones Jr. spent the night in the Anti American Good Works Charities Center on Michigan Avenue which is the American headquarters for the charity. Early the next morning , September 17 Jones Jr. went to Chicago’s O’Hare Airport and paid cash for a Delta Airlines airplane ticket for a September 24, flight to Syria in the name of James Jones. He then left the airport and took a bus back to Nashville.
On September 23 his father James Jones Sr. closed the family’s 3 bank accounts and 2 stock trading accounts, taking all the proceeds and deposits out in cash which totaled $9,000, purchased a large duffel bag, and his son Jones Jr. then drove him from Nashville to Chicago. Both of them spent the night at the American headquarters of the Anti American charity where, unknown to them all the offices and rooms were being wiretapped and recorded by the police. The Chicago police installed the wiretaps two years ago and they have recorded all the conversations ever since. The police did not have a warrant for the wiretap because in their opinion, investigations of the Anti American charity were justified on national security grounds, The police wiretap recorded the charity’s President thanking Mr Jones and his son for all their help giving money and guns to the charity over the years and thanking them for agreeing to carry large amounts of cash overseas to the charity’s headquarters in Syria. James Jones Sr. flew to Syria the next day with a large duffel bag full of his personal cash ($9,000) and the charity’s cash(which totaled $25,000) and has never been seen again in the U.S..
The Anti American charity is dedicated to preservation of “freedom for all people of the Middle East, the overthrow of anti-freedom, repressive government of Syria, and the overthrow of all Western interests in the Middle East including television, movies, books, and the American military troops.” The USA Patriotism Act makes it a crime to aid, assist, support or encourage the enemies of the United States.
The police installed these wiretaps two years ago after John Wilson, a member of the Anti American charity, was arrested for armed robbery and interrogated by the Chicago police. After waiving his Miranda rights, Wilson confessed to the robbery, Wilson volunteered to act as an informer and undercover agent in return for a lighter sentence. Wilson then attended meetings with the charity’s officers and their attorney where plans for sneaking cash out of the U.S. were discussed and finalized. Wilson made weekly reports of these suspicious activities at the Anti American charity to the FBI and police. Based on Wilson’s reports, the FBI and police installed the wiretaps. These wiretaps were made with no court order and no warrant but instead were based on a finding by the FBI and Chicago Police Department that our homeland security was at risk.
James Jones Jr. was asked by police to come to the police station for more questioning. When he arrived, the police put him in a lineup with four other men as outlined below.
Based on the wiretap evidence the FBI and police have now organized a lineup for the 3 bank tellers where Jones Sr. withdrew cash, for the 2 stockbrokers where Jones withdrew cash, for the Mega bus driver, and for the Delta Airlines ticket clerk . At the lineup all 7 witnesses meet together and view the 5 people in the lineup who are Jones Jr. and four inmates from the Chicago jail (they are wearing jail uniforms, Jones Jr is wearing a T shirt and blue jeans). During the lineup, the 7 witnesses discuss it together after which they all state they recognized Jones Jr. There is no indictment against Jones Jr. at this time. Jones Jr had no attorney at the lineup, Then the FBI calls the 3 banks, the 2 stock broker companies, Jones’s college professors, Jones’s credit card company, Jones’ neighbors, and obtain more information from them about Jones Jr.
Then the day after the lineup, based on the investigation, the wiretaps, and the lineup identifications, the FBI applies for an arrest warrant for James Jones Jr and arrests him. Three months later the grand jury indicts Jones Jr. and he has now been convicted by a trial jury where the primary evidence was the wiretaps and the lineup identifications.The defendant objected to all this evidence but the trial judge denied the objections.Jones Jr. has now appealed his case to the Supreme Court. Write the opinion of the court on the constitutional law issues involved using the IF-IRAC briefing system (Important Facts, Issues,Rule of Law, Analysis, Conclusion).
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brief this case
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