Criminal Procedure keyed to Kamisar
State v. Clark
This is the consolidation of two separate prosecutions: In State v. Smith, Michelle Waldie found that a book of checks had been stolen from her car and notified the police. Later that day, Respondent drove up to the bank’s drive through and attempted to cash one of the checks. Because he didn’t have an account, he was told he’d have to go inside the bank to cash the check. At that time, Smith went in, presented identification, and attempted to cash the check. The teller found that the check had been stolen and called the police. After about five minutes, Smith asked what the problem was, was told that she was trying to get approval for the check, and he left the bank, leaving the check behind. Smith was arrested and, at a probable cause hearing, wherein the victim testified, the magistrate bound Smith for trial. Smith filed a Motion to Quash on the premise that the evidence did not prove his intent to commit forgery, and the district court agreed, concluding that smith had failed to demonstrate probable cause. In State v. Clark, almost the same fact pattern occurred. The victim realized her checks were missing, she informed the bank and had a hold placed on her account. Clark attempted to cash one of the checks, and left the bank when he realized that the bank suspected him. Clark was then arrested, bound by a magistrate, and raised the same issue to quash the bindover and dismiss the charges against him.
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