Question
A landlord of a multi-unit apartment building smelled what shebelieved to be a suspicious odor coming from theroom of a tenant. She reported it to
A landlord of a multi-unit apartment building smelled what shebelieved to be a suspicious odor coming from theroom of a tenant. She reported it to herdaughter who was a police officer. Her daughter,suspecting that it was marijuana, told her motherto inspect the tenant's room the next day when he was at work, and if she found anything,to bring it to her. The next morning, after thetenant had gone, the landlord took the master key, entered the apartment, and went into the tenant's room. In a drawer, she founda large box of tablets and some white powder thatshe took to her daughter. The narcotics divisionconfirmed that they were drugs. The daughterhad her mother return the items and swear outan affidavit. A search warrant was issued andthe police arrested the tenant and searchedhis room. A quantity of drugs was found, andthe tenant was charged with possession ofnarcotics with intent to distribute.
If the tenant moves to prevent evidence ofthe drugs from being introduced at trial, thecourt should:
A. | Grant the tenant's motion, because oncethe drugs had been taken to the policedepartment, they had to be kept there andcould not be returned to the tenant's roomfor the purpose of finding them there. | |
B. | Grant the tenant's motion, because hislegitimate expectation of privacy had beenunreasonably invaded. | |
C. | Deny the tenant's motion, because thelandlord hada legal right to inspect the apartments at any time for any reason. | |
D. | Deny the tenant's motion, because evenwithout the drugs found by the landlord, thepolice had reasonable cause to seek a searchwarrant. |
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