Question
A drug smuggler had just returned home after smuggling in a large quantity of cocaine in the false bottom of his suitcase. As he was
A drug smuggler had just returned home after smuggling in a large quantity of cocaine in the false bottom of his suitcase. As he was about to leave has house again to deliver the cocaine to his contact in the city, a police officer arrived with a trained drug-sniffing dog and asked him if he could come in and ask him some questions. The smuggler declined but the officer stepped into the doorway, and the dog immediately caught the scent of the cocaine and pulled the officer toward the suitcase in the hallway. Based on the dog's clear indication that the suitcase contained narcotics, the police officer opened the suitcase and found the cocaine. The smuggler was then arrested, and the cocaine and suitcase seized. At a pretrial hearing, should the judge grant the smuggler's motion to suppress the evidence of the cocaine in the suitcase?
No, because there is no legitimate expectation of privacy in the smell of one's suitcase
Yes, because a warrantless search and seizure of items within the defendant's home is not permissible absent exigent circumstances
Yes, because the search and seizure required a warrant
No, because the cocaine was seized as a search incident to a lawful arrest
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