Legal Research and Writing II
Westlaw Practice 1:
- Use Westlaw to locate cases on point. Also identify any pertinent statutes. Provide an answer to the problems.
Problem 1
Jim Streeter, the owner of Jim’s Jackets (located in Stuart, Florida), observed Connie Baines shoplifting a leather jacket. As Ms. Baines left the store, Mr. Streeter attempted to stop and search her. Ms. Baines shoved Mr. Streeter and ran out of the store, taking the jacket with her. Mr. Streeter reported the incident to the police department and Ms. Baines was arrested and charged with robbery. Ms. Baines contends that she should not have been charged with robbery since she did not use force at the time that she took the jacket. Will Ms. Baines be convicted of robbery?
Answer
According to U.S. v. Benson, 686 F.3d 498 (Fla. Dist. App. 2012), Ms. Baines will be convicted of robbery. Mr. Streeter had reasonable articulate suspicion that Ms. Baines had just committed shoplifting crime of robbery, justifying the stop, based on his observation of Ms. Baines running away from store with the alleged leather jacket, and Ms. Baines’ actions in evading Mr. Streeter, after being ordered to stop.
In U.S. v. Benson, 686 F.3d 498 (Fla. Dist. App. 2012), the appellant (Benson) shoplifted from a Wal-Mart store in Bloomington, Minnesota. Officer Michael Utecht was in the proximity of the store and observed the appellant, who matched the description of the suspected shoplifter, running away from the store. Officer Michael yelled for the appellant to stop. Instead of stopping, Benson ran faster, and Officer Michael begun pursuing the appellant. The appellant was arrested and charged with a shoplifting crime/robbery.
The appellant pled nolo contendere of being a felon in possession of a firearm after his motion to suppress evidence was denied. The DCA held that Officer Michael has a reasonable suspicion that defendant had just committed shoplifting crime. The defendant’s actions of running away from the store when ordered for investigatory stop was a suspicious act. Thus, the arrest and sentence was no procedurally unreasonable. The motion to suppress evidence was reversed.
Problem 2
Keith Carlton was a guest at the Vacation Inn in Vero Beach. An armed robber broke into his room, threatened him, and stole his wallet and watch. He contends that the manager of the Vacation Inn was negligent in providing security and would like to sue the motel for damages. Will Mr. Carlton be successful in his lawsuit? Is there a limitation on the amount of damages that will be awarded?