Official Misconduct

Prologue:

Today at noon, an undercover, Federal Agent, Hans Cuff arranged a briefing at the sheriffs department.  All the ATF agents, Grantham County Deputies, and University City Officers involved in the drug investigation regarding the large shipment of meth were present for this meeting. 

Cuff informed the officers that the confidential informant, Mookie, called him this morning to fill him in on the details of the shipment of meth.  Mookie told Cuff to be at 123 Elm Street, University City, at 3:00 p.m.; this is when and where the delivery of meth will take place. After the briefing, Cuff was fitted with a wire so the other officers could hear what was transpiring in the house. All the officers received their instructions on where to post around the house and down the street so as not to draw attention to themselves.  At 2:45 p.m., Agent Cuff arrived at 123 Elm Street and knocked at the door.

 Mookie answered the door and told Cuff to come inside; once Cuff stepped into the house, Mookie shut the door behind him.  All of a sudden, Dreadford grabbed Cuffs right arm and another male who Cuff did not know grabbed his left arm. Mookie put a gun to the back of Cuffs head and told him to kneel. 

Cuff slowly kneeled to the floor; he said, The same thing happened to me in Vegas (This was the safe phrase to alert the other officers that Cuff was in trouble).  In no time at all, several officers kicked in the front and back doors, entered the house, and held all three suspects at gunpoint.  The officers arrested Mookie, Dreadford, and the other male identified as Pedro Ramirez without incident. After reading the suspects Miranda warnings, both Dreadford and Ramirez asked for an attorney, so the officers booked these two into the county jail.   

Mookie was the only one who agreed to talk but only if he could get a deal.  Detective Stubblefield said he would speak to the county prosecutor and see what he could do.  However, the deal was dependent on the value of the information.  Mookie told Detective Stubblefield that the dispatcher dating Dreadford is the one who gave them all the confidential information on the city and countys drug investigations.  Mookie asked Detective Stubblefield if the information was good enough to get a deal.

Detective Stubblefield said, I believe it is.  Detective Stubblefield put Mookie into protective custody and booked him in the county jail where the correctional officers will make sure to segregate Mookie from other inmates.

Based on the information Mookie provided, Stubblefield received a warrant to search Badpennys house.  When the officers served the warrant, and arrested and charged Imogene Badpenny with possession of methamphetamines (felony), possession of drug paraphernalia (misdemeanor), and official misconduct (misdemeanor) (using her position at the sheriffs office to access confidential information for personal gain).  While at Badpennys house, the officers uncovered evidence to collaborate Mookies story about the documents Badpenny obtained for Dreadford regarding the drug investigations.

After Badpennys arrest, the sheriff fired her, and with the loss of her job, Badpenny did not have enough money to hire an attorney.  During Badpennys arraignment, Judge Noble Hands had Badpenny fill out indigent paperwork to request a public defender and set her bond at $50,000.  Badpenny was not able to post bond given her financial situation, so she returned to the jail where Badpenny will stay until her next court appearance.

Assignment:

This week use the information in chapters 8 and 9 to complete a 2 to 3 – page paper, discussing the ethical system that explains why Badpennys gave Dreadford confidential information, and how indigency affects an offenders ability to receive competent council.  Also, analyze how conflicts of interest may occur with attorneys (both prosecution and defense) along with the judge in the above scenario.  

*Hint: remember, Badpenny has worked for the sheriffs department for years and lives in the community; she probably knows all of the attorneys and judges.

Type all papers in Times New Roman 12pt font include the header, title page, and reference page; APA formatting is required in this course.  Use at least two scholarly reference sources such as the textbook and scholarly peer-reviewed articles obtained from the Grantham Library. Additional references may be procured from the Internet. Citing your references by using parenthetical citations (in-text citations) is a skill that each student must demonstrate in this course.