Question
An officer went to an apartment to execute a properly obtained search warrant during an investigation of an operation making counterfeit watches. When he arrived
An officer went to an apartment to execute a properly obtained search warrant during an investigation of an operation making counterfeit watches. When he arrived he shouted, "Police, open up," but did not wait before entering the apartment through the unlocked front door. The officer fund the defendant half-asleep in a back room, with a workbench for assembling counterfeit watches nearby. Along with some completed counterfeit watches, the officer found a toolset used for making watches and receipts for various watch components in a drawer of the workbench, all of which the officer seized as evidence. The defendant was charged with illegal counterfeiting. Prior to trial, his attorney moves to suppress the evidence obtained during the search.
Should the court grand the motion?
A. No, because regardless of whether the search warrant itself was valid, the evidence was in "plain view" upon entry.
B. No, because the exclusionary ruled does not apply to the officer's Fourth Amendment violation.
C. Yes, because the officer failed to eat long enough prior to entering the apartment.
D. Yes, because the door was unlocked.
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