spc.4thamendmentassignmentfall2023
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Date
Feb 20, 2024
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4
TH
AMENDMENT HOMEWORK ASSIGNMENT
FALL 2023
1.
Ofc. Rob sees Jay standing behind a closed store at 4am. Ofc. Rob watches
as Jay takes out a flashlight and begins to look at the back door. Jay then
kicks the door 2x. At that moment, Ofc. Rob exits his police car and in a
loud voice yells to Jay, “Hey, get away from that door right now and walk
towards my voice!” As Jay turns to walk towards the officer he yells back, “I
live near here!” Jay turns around to leave, at which time he drops a bag of
methamphetamine. Ofc. Rob walks over to the bag and recognizes the
substance as meth and arrests Jay, finding cocaine in his pocket. Will the cocaine
be admissible, why or why not? Officer gave command
because there was reasonable suspicion. When the meth was dropped the
officer then had probable cause to arrest Jay and search his pocket.
2.
Officers have a search warrant to search Larry’s one bedroom residence at
1122 Boogie Boogie Avenue. The warrant permits them to search for one,
red in color baseball bat, with the name “Boo” carved into it. As officers
enter the residence, they immediately see the bat in the kitchen and seize
it. Officers continue to search the back bedroom areas where officers spot
4 pieces of crack cocaine on a table in the master bedroom. They seize the
crack cocaine.
Will the crack cocaine
be admissible against Larry? Why or why not? No,
because the warrant stated it was specifically for the search of the bat
which they immediately found in the kitchen. Once they seize the subject
of the warrant, they are not allowed to keep searching. 3.
Ofc. Ted goes to Fred’s house. He knocks on the door and asks Fred if he
would mind answering a few questions inside of his house. Fred agrees.
After about 15 minutes, Ofc. Ted asks Fred if he can use the restroom, and
Fred agrees. While inside the restroom Ofc. Ted opened up the medicine
cabinet and discovered a baggie of LSD.
Will the LSD
be admissible against Fred, why or why not? No, because the
officer was there to talk with Fred and ask him a few questions, he was not
there with a warrant and was not given permission by Frank to search his
property. Therefore, the LSD found in the medicine cabinet is inadmissible.
4.
Heather is walking up and down the parking lot at Westshore Mall. She is
walking on the right side of the aisle and never blocks traffic. Ofc. Greg is
watching her and on her 6
th
trip up and down the aisle, he pulls his police
car behind her and activates his emergency lights. He exited his car and said
“Ma’am, watching you walking up and down the aisle is behavior consistent
with a person looking to commit car burglaries. Come over here and answer
a few questions for me.” Heather walks over to Ofc. Greg who asks her if
she would mind showing him what is inside her purse. She agrees and when
she opens her purse, Ofc. Greg sees what he knows based on his training
and experience is cocaine. He places Heather under arrest and upon further
search he locates Oxycodone. Will all of the drugs (
cocaine and oxycodone
) be admissible? Why or why
not? No because he did not have reasonable suspicion to stop her.
5.
Officers have a search warrant for Dave’s house. The warrant is for officers
to look for an 8” butcher knife used in a stabbing. Officers search the house
and one officer, as he is looking in Dave’ closet, sees 2 television sets. He
can’t tell if they are stolen so he turns one of the sets around and sees a
cracked screen. He remembers responding to a burglary call the prior week
where a tv set with a cracked screen was stolen from a patio. This same
officer then goes into the bathroom, opens the double cabinet doors for
underneath the sink, and locates 15 baggies of meth. Right after that
discovery, another officer locates the knife in the dishwasher. Will the stolen tv set
be admissible against Dave? Why or why not?
No because the tv set was manipulated when the officer turned the tv around.
6.
In question #5, will the meth
located underneath the sink be admissible
against Dave, why or why not? No because once something unlawful
happens (manipulation of the tv set), anything found afterward would be
inadmissible.
7.
What are the 3 levels of police encounters for citizen contacts FROM LEAST
SEVERE TO MOST SEVERE? consensual, Terry Stop with reasonable
suspicion and arrest with probable cause.
8.
Ofc. Jay is on routine patrol in the Richy Rich Apartment Complex. As he
drives by Apt. #2345, he observes what appears to be a pipe on the master
bedroom window sill. He pulls into a parking space and knocks on the door.
Fred answers and gives permission for Ofc. Jay to go look at the pipe on the
window sill in his master bedroom. Ofc. Jay sees the pipe and knows, based
on his training and experience, this pipe can be used both lawfully
(tobacco) and unlawfully (marijuana). Ofc. Jay asks Fred if he would mind if
he (Ofc. Jay) kept looking around. Fred told the officer to leave. As Ofc. Jay
was heading to the front door, he observed a pile of marijuana on the
kitchen counter. He seized the marijuana and arrested Fred. Is the marijuana
going to be admissible against Fred? Why or why not?
Yes, because even though Fred withdrew his consent, the marijuana is admissible because it was in plain view as the officer was leaving the house.
9.
In #8, assume after arrested Fred Ofc. Jay, as a search incident to arrest,
Ofc. Jay went back into the Fred’s bedroom and began searching his
nightstand, locating cocaine. Will this cocaine
be admissible against Fred? Why or why not?
I was kind of confused with this question, I think you are asking if after Fred
was arrested, if Officer Jay continues to search Fred’s bedroom and finds
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cocaine in his night stand is that admissible? If so, yes it is admissible
because the officer has probable cause after finding the marijuana in plain
view.
10. Wes is walking down 4
th
street when Ofc. Bob turns the corner. Ofc. Bob
recognizes Wes from 5 years ago when Ofc. Bob arrested Wes for
possessing cocaine. Ofc. Bob asks Wes how he is doing and Wes stays to
answer a few questions. Wes then tells Ofc. Bob he feels sick and is headed
home. Ofc. Bob says goodbye to Wes and watches Wes walk down the
sidewalk. He sees Wes reach into his pocket and take something out. He
calls out to Wes, “Wes, turn around a sec, let me see what you just took out
of your pocket.” Wes turns around and Ofc. Bob immediately recognizes
Wes is holding a bag of cocaine. He arrests Wes.
Is the
cocaine
going to be admissible against Wes, why or why not? Yes
because he had reasonable suspicion from his history with Wes. He asks
Wes to turn around to see what he took out of his pocket when he saw the
cocaine giving the officer probable cause to arrest Wes.
11.Officers get a search warrant to search Ned’s house for cocaine. Five
officers go inside. One of the officers immediately locates 3 bags of cocaine
on the couch, The other officers continue to search the house. Another
officer finds LSD inside the toilet bowl. Is the LSD located in the toilet bowl
going to be admissible against Ned,
why or why not?
Yes, because even though the warrant states cocaine, if the officers find
other drugs where cocaine can be found then those other drugs can be
admissible. 12.Ofc. Paul sees Dave sitting in a car at 3:30am in the parking lot of the closed
Save A Lot. He pulls in to the lot and parks a few spots from Dave. Dave is
doing something on his lap. Ofc. Paul exits his car and walks up to check on
Dave. As Ofc. Paul looks inside, he sees a mirror and cocaine in Dave’s lap.
He yells for Dave to slowly exit the car and put his hands up. Dave tells him
he wants to go home and if Ofc. Paul wants to get inside his car, he will
have to get a search warrant. Can Ofc. Paul go into the car and seize Dave and the drugs without a search
warrant? Why or why not? Yes because the officer had probable cause
after he saw the drugs on Dave’s lap.