Criminal Procedure keyed to Weinreb
Simmons v. United States
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- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Two individuals robbed a bank in Chicago. After the robbery, a bank employee rushed into the street and saw one of the two men sitting on the passenger side a white 1960 Thunderbird, with a scrape on the right door. The police found a car matching the description in an hour. They learned that the car belonged to the Petitioner, Simmons’ (the “Petitioner”) sister-in-law. She informed the police that she loaned the car to her brother William Andrews (“Andrews”). On the same day, two FBI agents went to Andrews’ mother’s home (“Ms. Andrews”). The agents did not have a warrant. During trial, it was disputed as to whether Andrews’ mother gave the FBI consent to search the home. During a search, the FBI found two suitcases in the basement that Ms. Andrews said she did not own. The suitcases contained various items taken and used during the robbery including a gun, holster, coin cards and bill wrappers. The FBI then obtained pictures of Andrews and the Petitioner and showed them to the employees of the bank who witnessed the robbery. The witnesses all identified the Petitioner as one of the robbers. The Petitioner, Andrews and a third individual named Garrett were indicted and tried for the robbery. Prior to trial, Garrett moved to suppress the suitcases found in the basement. In order to establish standing, Garrett testified that the suitcase found in the basement looked like one he owned, although he could not be certain, and that the clothing found in the suitcase looked liked his. The District Court denied the motion and Garrett’s testimony during the suppression hearing was used against him at trial. During the trial, the five bank employees testified that the Petitioner was one of the robbers. Also, three of the employees identified Garrett as the second robber. Two of the other employees testified that they did not get a good look at the second robber. All three were individuals convicted of murder. On appeal, the Court of Appeals affirmed the convictions of the Petitioner and Garrett, but overruled the conviction of Andrews saying there was not enough evidence.
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