Question: Police bang down the door of Mary Beth's apartment, enter without her permission, and search...
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Question: Police bang down the door of Mary Beth's apartment, enter without her permission, and search the apartment. They had no warrant. The officers discover a machine used to manufacture fake driver's licenses, and over 75 freshly minted licenses, all with Mary Beth's picture but each with a different name and identification number. She is arrested and prosecuted. (1) What crime will the govemment charge Mary Beth with? (2) What motion will the defense lawyer make before trial? (3) Please rule on the defendant's motion. Strategy: What crime focuses on identification documents? The defendant's motion is based on the police conduct. What was wrong with that conduct, and what are the consequences? Result: Mary Beth is engaging in identity theft. The machine and licenses have no lawful purpose. The police violated the Fourth Amendment, because they lacked a warrant for the search. The defendant is moving to suppress the machine and the licenses. Under the exclusionary rule, a court should suppress that evidence.
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