Assignment 1

Upon receiving several complaints from neighbors at 3 a.m., about a barking dog, police
arrived at the apartment of Sam Stone. As the police stepped off of the elevator, Sams
dog could be heard all the way down the hallway. The police knocked on Sams door and
were greeted by Sam, his six month old puppy, Scooter, and the distinct odor of
marijuana. Police then observed Scooter playing with the straps of a gym bag on the
couch. The gym bag tumbled to the floor and out spilled the contents 2 pounds of
marijuana. Sam was arrested. Sam was charged and convicted of a violation of the Dog
Nuisance Ordinance and Possession of a controlled substance. Sam is now appealing his
conviction to the Supreme Court. He argues that both statutes are unconstitutional on the
grounds of void-for-vagueness.
The statutes in question are listed below:
Dog Nuisance Ordinance
No owner of a dog may allow such a dog to disturb or annoy any other person by
frequent or habitual howling, yelping or barking. Whoever harbors such a dog
maintains a nuisance.
Possession of a Controlled Substance
it shall be unlawful for a person to have within his/her possession or control any
controlled substance. For the purposes of this statute, a controlled substance shall
include: cocaine, heroineand marijuana.
Based on the test found in State v. Metzger evaluate both statutes and determine if either
of them are in fact void-for-vagueness. (1-2 pages in length, double-spaced).

Assignment #1 Rubric
Due date: Fri, Jan 30, 2015
Point System:
There are 2 issues/questions raised in this problem for a total of up to
25 points. The scoring will break down as follows:
1. Correct application of relevant case law, statute
or theory.
- 8 pts (for each issue)
(Or correct analysis, wrong result 6 pts)
2. Proper formatting of your paper, including spacing and page
requirements. See also, guidelines set forth in A Well Written
Paper which is posted on Blackboard.
- 5 pts
3. Grammatical and spelling errors.

- 4 pts

Submitting the assignment:

Double-check to be sure you followed the instructions and met
the page limits
Get a friend to proofread the paper for mistakes
Assignments are due at the beginning of class
If you will not be attending class, papers must be emailed by the
beginning of class