For purposes of this assignment, assume that with you are an associate within. The Doughty Law Firm. Mrs. Stephanie Wiggins is coming to the office to speak with you about her case. Ms. Wiggins and her husband Omari Wiggins were being investigated for possible drug trafficking. The Police of Chesterfield County on August 15, 2021 decided to execute a search warrant of the Wiggins home. While observing Omari and Stephanie make a large purchase of drugs from confidential informant Fitzroy Smith, they decided to execute the search warrant they had on them as soon as they made the transaction instead of waiting till they got home.
While driving home the police initiated a traffic stop and they got out with their guns drawn. Omari did not want to go to jail again so he attempted to drive away from the police. Seeing a small space between police cars Mr. Wiggins attempted to cram his Ford F-150 through the space. Police shot up the car and tragically Omari was killed. Stephanie was shot once and has recovered. She now has pending drug charges against her.
Chesterfield Police Department
Furthermore, she is attempting to sue the Chesterfield Police Department however Mr. Wiggins family being led by a greedy Pastor John Moore is fighting the legitimacy of their marriage, because they are Moorish in faith and were married based on the Moorish traditions. One of the traditions is that there is no minister but they are married by stating certain vows to each other. Furthermore, the Commonwealth Attorney Ossie Purvis is stating that the shooting was justified of both Mr. and Mrs. Wiggins.
Before conducting your interview, you will need to draft a list of at least 15 questions to ask. You may base these based on the facts presented above, your research into Virginia Case Law and personal experience. Review class materials about interviewing for tips about making your client(s) feel comfortable–keep in mind Mrs. Wiggins has been through a lot the past few days. These are the legal issues:
- The validity of the stop and search and seizure.
- The validity of their marriage
- When can deadly force be used by a police officer?
- Do the police officers have sovereign immunity when it comes to their job duties?
Please prepare an e s s a y /memorandum addressing the following things:
1. A description of how you prepared for the interview and your list of prepared questions.
2. Based on your research beforehand and your interview, do you believe that Stephanie charges will be dropped? Why or why noy? Are there any foreseeable problems with the? Was their marriage valid? Can the police use deadly force? Do the individual officers enjoy the privilege of sovereign immunity? What was your impression of the client? Will there be follow-up (i.e., is the client coming back with documents, etc.?) Does additional research need to be performed?
In the same document, after the memo, write about the interviewing experience. How did it feel to be an interviewing attorney? Do you feel you did an adequate job? How would you approach a similar interview in the future? Would there be anything you changed in your preparation or approach? Also, describe how you felt as the interview subject and give a frank evaluation of your classmate’s performance as the interviewing attorney. How did s/he do? Was s/he prepared? Did s/he make clear to you his/her role in the process?
- 12pt Times New Roman Font
- Double Spaced
- Justified Alignment
- Between 2-6 Pages