美国法学院MEMO 教学范本

MEMORANDUM

TO: Professor Greenhaw

FROM: Yiheng Lou

RE: Possession of a pair of barber scissor in jacket pocket

Issue

Whether defendant will be convicted in violation of California Penal Code Section 12020 for the possession of a pair of barber scissor in her right jacket pocket?

Conclusion

The defendant will probably be acquitted of crime under California Penal Code. The Code forbid any person to carry concealed "dirk or dagger". As a matter of law, "dirk" and "dagger" are used synonymously and mean weapons designed primarily for stabbing. People v. Ruiz, 88 Cal.App. 502, 504 (Dist. Ct. App. 1928). Conceded the scissor of the defendant is concealed, as long as it doesn't satisfy the definition of "dirk or dagger" , defendant will get a judgment for her.

Facts

Ms. Hastings (Client) is a 28-year-old female resident in San Bernardino, CA. On one evening, she had some wine with her friends in a restaurant and drove back to home after the dinner. Then she was stopped by police cruiser and asked for drivers license and registration. On the requirement of police, she

performed several tasks to demonstrate whether she was intoxicated.

When she finished walking a straight lien and turned to walk back, the police officer observed there was a shiny object sticking out in her right jacket pocket. The officer drew his gun and demanded Client put her hands in the air and lay down on the road.

Upon search, an 8 inch long pair of barber scissors were found in Client's pocket. Then she was read Miranda rights and taken into custody. The Client is finally charged with violation of Cal. Pen. Code Section 12020, possession of a concealed dirk or dagger.

Discussion

Ms. Hastings would probably be able to get a guiltless judgment for the possession of a pair of barber scissors in her right jacket pocket under California Penal Code Section 12020. See Cal. Penal Code §12020 (West 1872). That statute provides that "Any person . . . who carries concealed upon his or her person any dirk or dagger, is guilty of a felony . . . ." Id. To be acquitted, Client must prove at least one of the following two requirements is satisfied: (1) the scissors were not "concealed"; (2) the scissors were not included in the definition of "dirk or dagger". See id. Despite the fact that the scissors were partly visible, they were still considered as "concealed" under the law. But the scissors probably didn't satisfy the definition of "dirk or dagger". Id.

A.The scissors were concealed.

Under the statute, the defendant need not be totally successful in concealing