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1 Police suspected Collins of possessing and distributing illegal drugs and firearms. Acting upon such suspicion, Collins was taken to police headquarters where he immediately
1 Police suspected Collins of possessing and distributing illegal drugs and firearms. Acting upon such suspicion, Collins was taken to police headquarters where he immediately requested the presence of his attorney. The police ignored the defendant's request began questioning him. The questioning lasted four hours. During the course of the 4 hour interrogation of Collins, two police detectives secretly entered Collins' apartment and conducted a search of the premises. While searching, the detectives found no evidence of criminal activity but did find a locked safe. While the search was ongoing two events occurred: 1. Defendant Collins confessed to possessing illegal drugs and firearms and told the police they were hidden in a locked safe in his apartment.. 2.A confidential, reliable informant, used by the narcotics division for almost 10 years, and found to be completely 100 percent reliable on every occasion, told the police that he saw Collins numerous times retrieve narcotics and guns from a locked safe in Collins' apartment.. Based on Collins' confession, the police applied for and received a search warrant for any guns, drugs or locked safe in Collins' apartment. Pursuant to this warrant, a search of Collins' apartment was conducted and illegal drugs and firearms were seized from the locked safe. Collins was arrested on charges of possession of illegal drugs and firearms. Collins now makes several motions to the court including a motion to dismiss. Should Collins' confession and the illegal drugs and firearms be allowed into evidence against Collins? Should the Motion to Dismiss be granted? Why or why not? Cite any case(s) that supports your answer. QUESTION 2 Sophie, a police officer, out of uniform, showed up at Mariah's house, knocked, and asked if she could enter to enact a warrant. The warrant was a properly issued search warrant, issued by a Magistrate Judge. Mariah read the warrant, which stated, \"The first-floor of Mariah's house will be searched for a gun used in connection with a robbery, as well as two paintings which were stolen.\" While looking in Mariah's house on the first floor, Sophie smelled what she thought to be gun powder emanating from the second floor, and she quickly, without looking for anything else, walked up the stairway to the second floor, and found a gun on a table at the top of the steps, which she confiscated. The gun had a note attached to it, which listed an address. Later that day police arrived with a proper warrant at the address listed on the note, and it turned out that the two stolen paintings were found there, and confiscated. Mariah was arrested for her involvement in the stolen paintings and possession of an illegal handgun. Mariah's attorney makes a motion to suppress the handgun, the note attached to it, and the stolen paintings found at the address that was indicated on the note. Using proper legal terminology, please discuss whether these items should be excluded from trial and describe why or why not. Cite any case(s) that may support your position(s)
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