Question
A reliable police informant notified police that he observed two men in a blue pickup selling drugs outside a local high school. The informant gave
A reliable police informant notified police that he observed two men in a blue pickup selling drugs outside a local high school. The informant gave police a detailed description of the two men and of the vehicle, including license plate number. A police cruiser was dispatched to the location, and a few minutes later the officers observed the suspect vehicle parked in the neighborhood. When they approached, the officers saw one man fitting the description given by the informant and a female subject in the pickup with him. The woman left the vehicle and walked across the street to a park bench.
The police went up to the vehicle and opened the doors. They then also pried open a locked toolbox situated in the bed of the pickup where they found a quantity of crack cocaine. They placed the driver under arrest and thereafter searched the glove compartment where a quantity of marijuana was found.
At that point, one officer walked across the street to where the female subject was sitting. He took possession of her purse and looked inside, finding another gram of cocaine. The woman was placed under arrest and charged with possession of a controlled substance.
Draft a response or statement (approximately one page in length) which answers the following question(s):
On motions of each defendant to exclude from evidence as being illegally seized the two quantities of cocaine and the marijuana, how will the court rule as to each defendant. Explain your answer fully with reference to the facts and the relevant law as contained in your course readings.
Is the exclusionary rule necessary in order to ensure protection of our constitutional rights? Why or why not? Are there viable alternatives?
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