Rothgerber Moot Court Competition

When	Tuesday, February 24, 2015 4:00 PM - 7:00 PM
Location	Wittemyer Courtroom Wolf Law Building CU, Boulder
For	Public; Faculty; Staff; Students; Alumni

Come hear the best of Colorado Law's Moot Court competitors!

Case: Channing Merchandise v. United States of America

Judges:
- The Honorable Allison Eid, Colorado Supreme Court
- The Honorable Scott Matheson, Tenth Circuit Court of Appeals
- The Honorable Greg Phillips, Tenth Circuit Court of Appeals

Student Lawyers:
- John Michael Guevara and Holly Leeser, appearing on behalf of Channing Merchandise
- Zach Siegel and Abigail Wallach, appearing on behalf of the United States of America

Brief Statement of the Case:
Petitioner, Channing Merchandise, a citizen of Old York, was arrested for marijuana related offenses by DEA Agents who entered his home when they suspected that a burglary was in progress due to the front door being removed from its hinges, a visible shattered inner glass door and suspected blood. Mr. Merchandise was found unconscious on the floor, but the Agents were able to wake him up and question him. Despite informing the Agents that no one else was in the home and showing proof that he was the owner, the Agents conducted a sweep of the residence and seized a shaving cream canister on a closet shelf bearing the logo, Fillette. One of the Agents believed the canister to be the type of container with a secret compartment to conceal illicit contraband based on his extensive drug enforcement experience. (The Agent later opened the canister and five bags of marijuana were discovered.) At the time of the sweep and seizure, Merchandise was not under arrest, nor did the Agents possess probable cause to arrest him for any crime. A year before this arrest, Old York had legalized the use, possession, and distribution of marijuana, despite it still being a Federal offense. The trial court denied a defense motion to suppress the evidence as the fruit of an unlawful search. After trial, Mr. Merchandise was convicted. The Twentieth Circuit affirmed the district court suppression ruling and conviction.

Questions Presented:
1. Does the Fourth Amendment permit law enforcement officers to conduct a protective sweep of a home without a warrant when the sweep is not incident to a lawful arrest?
2. May law enforcement agents incorporate specialized experience and knowledge in determining if a container has illegal contraband, thereby justifying a lawful warrantless search under the plain view doctrine?

More Information

Contact	Christopher McKee chris.mckee@colorado.edu
Website	https://cuboulder.qualtrics.com/jfe/form/SV_e8rmIstogKHRAyN