Question
Assume that an applicable state statute makes it a crime for a private citizen to possess a machine gun. For approximately three weeks, Officer Roy
Assume that an applicable state statute makes it a crime for a private citizen to possess a machine gun. For approximately three weeks, Officer Roy Holt had probable cause to believe that Alex Hood, a private citizen, possessed an arsenal of machine guns in his apartment. Acting on this probable cause, but without a warrant, Holt knocked on the door of Hood's apartment and asked Hood if he could come in to talk with him. Hood let Holt inside his apartment. Then, without Hood's consent, Holt began searching the entire apartment. Holt found several machine guns in the bedroom closet. He arrested Hood for an alleged violation of the statute mentioned above. In a pretrial motion, Hood's attorney asked that the court apply the exclusionary rule and suppress the evidence yielded by Holt's search of Hood's apartment. Should the evidence be suppressed (not admitted at trial)?
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