Term Paper on "Adams' Legal Defense Team"

Term Paper 4 pages (1309 words) Sources: 1

[EXCERPT] . . . .

Legal Recommendations

Recommendations for Adams' Legal Team

The current case against Thomas Adams has several major points that jeopardize a potential indictment and conviction. Adams' state as a minor clearly illustrates that Officer Doherty should have handled the situation much differently. Adams was scared and backed into a corner, where he was not sure what to do. Overall, there are several clear aspects of the case that can help strengthen the motions filed by Adams' father, including the motion to dismiss based on false arrest and the motion to dismiss all statements because of Adams' juvenile status.

The first motion filed by Adam's legal team was the notice of representation, so that Adams' father could stand in to represent him. This may seem like a conflict of interest, however it is necessary because Adams is a minor and unfamiliar with court proceedings, whereas his father is more well versed in legal issues. A notice of representation "can provide an effective means for investigation" and handling of the case (Calvin, 2006). Since Adams is a minor, it is important that he is properly represented by an adult who better understands the legal system but also his rights as an accused suspect. He needs the support of someone familiar with the law so that he does not further incriminate himself and increase the suspicion against him. Thus, it is important to get a more well informed adult to represent Adams in this matter as it continues to unfold.

The motion to dismiss based on false arrest is valid for a number of reasons. Essentially, Officer Doherty had initially made contact with Adams because he thought he was one of the group of adult men who broke from the privacy huddle. Yet, Doherty did not see Adams directly leave from that area, nor did he have any confirmation from intelligence reports that Adams was one of the individuals seen at the time the privacy huddle broke. Rather, Doherty was acting on unwarranted suspicions, believing that an adult-looking male with a backpack is enough for an assumption of probable cause. The truth is, Doherty did not have enough probable cause to even stop Adams. Adams was simply walking through an open area, where there were no fences or restricted zones. He was free to walk through the Civic Center as he pleased, and thus was doing nothing wrong at the time Doherty made contact with him. Moreover, the minor was carrying a backpack, which was Doherty's other assumption to believe that there was enough probable cause. Yet, a child of fifteen years old obviously attends school and would thus likely have a backpack on him during the day time.

Overall, not only was the arrest false, but Officer Doherty also conducted an illegal search of Adam's belongings. Doherty claimed that he could hear the audible sound of glass clinking in the backpack, but this could have been anything. There were some reports from intelligence that some of the Black Bloc were assembling glass bottles and rocks, but this report was not confirmed with any other evidence, like the arrest of another Black Bloc member who did have bottles and rocks on his person. Officer Doherty knew that Adams was a minor, yet this did not stop him from opening the backpack without Adam's or Adam's parent's permission. Officer Doherty should have known better and waited until he had received the proper authority by Adams' guardians or by a judge to search Adams' person. Thus, as the search was conducted presently, it was a violation of Adams' Sixth Amendment rights, and should be considered an act of illegal search and seizure that was based on bias and not true probable cause.

In this illegal search, Doherty uncovered several suspicious looking books that only increased his personal bias against the subject. These books were all related to anarchist themes, but could have easily also been assigned or leisurely reading for… READ MORE

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