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Assume an undercover officer believes Andy is selling narcotics. During his surveillance he observes individuals approach Andy and hand him money. After Andy collects the money he would walk toward a tree and out of the sight of the officer. Andy would then return and hand small packets to the individual. After Tara conducts a transaction w/Andy, the police detain her. On her person is 6 small bags of heroin. Tara told police she purchased the heroin for her boyfriend. When police detain Andy he has $500 on his person but no narcotics. Underneath a rock by the tree where Andy walked to, police found 200 bags of heroin.

Possessing narcotics is a misdemeanor and the sale of narcotics is a felony. Remember the case of Porter v.State (the case dealing w/constructive possession) and your readings of possessory criminal liability.

Explain fully Andy and Tara’s criminal liability.

2.Please list and explain in detail the four elements of Self- Defense.

3.John and Michael are five year members of rival street gangs.Both gangs are extremely violent and have exchanged gunfire numerous times in the past.

One day John is walking down the street and Michael ,along w/ two other individuals, are walking on the opposite side. As they pass each other Michael  gave John an intimitating stare. As John quickens his pace, he realizes Michael crossing the street, reach in his waistband, and walk directly towards him. Fearing for his life,John pulls out his gun and kills Michael. No weapon is found on Michael.

Does John have a valid “self defense claim”? Please explain your legal analyisis.

4.Read the case of State v Miranda, 715 A.2d 680(1998). (This was a Connecticut case. Page 96 in Samaha).
◦What were the facts in Miranda?
◦What was the issue in Miranda?
◦What were the trial court findings in Miranda?
◦What factors do you believe the trial court took into consideration when they decided Miranda?
◦Did the Connecticut Supreme Court uphold the trial court’s decision?