David Milam was a member of the Delta Tau Delta fraternity at the University of Kentucky, and

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David Milam was a member of the Delta Tau Delta fraternity at the University of Kentucky, and leased a room at the fraternity house. Upon receiving a tip that Milam was selling marijuana at the fraternity house, University of Kentucky detective McBride and two other university detectives went to the fraternity house to perform a "knock and talk." They accidentally went to the back door, thinking it was the front, and knocked several times but no one responded. After talking among themselves, they decided the fraternity building was more like an apartment complex than a private dwelling, so they entered through the slightly ajar door. Once inside, they identified themselves as police officers and asked where Milam was. It is unclear whether they were told where his room was, but they followed another resident up to the second floor where the private rooms were. The resident pointed to Milam's room, from which detectives smelled marijuana. When detectives knocked on the door, Milam opened it, and the police saw a jar of marijuana in full view. Milam then provided consent for the detectives to search his bedroom. During the search, they discovered marijuana, $1,700, Adderall pills, drug paraphernalia, and a fake driver's license. Milam was charged with one count of trafficking in a controlled substance within 1,000 yards of a school and other drug-related charges. He moved to suppress the evidence discovered in his bedroom, arguing that the detectives unlawfully entered and searched the house in violation of the Fourth Amendment. The trial court denied the motion to suppress. Milam subsequently pled guilty to the trafficking charge. The State Court of Appeals affirmed the trial court's denial of Appellant's motion to suppress. Milam appealed again. How do you think the State Supreme Court ruled on his appeal? David Milam v. Commonwealth of Kentucky, Kentucky State Supreme Court (2015). Case available at cases.justia.com/kentucky/supreme-court/2015-2013-sc-000681-dg.pdf?ts=1431612086.
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The Legal Environment of Business A Critical Thinking Approach

ISBN: 978-0134074030

8th edition

Authors: Nancy K. Kubasek, Bartley A. Brennan, M. Neil Browne

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