Background:

Working with a reliable informant, police learned that Kim Johnson was using his rowhome at 1121 Calvert Street as a distribution center for heroin. The detectives were able to secure a warrant for "...the building located at 1121 Calvert Street, and such other outbuildings and accoutrements on said property." The warrant was for "...controlled dangerous substances (to wit, heroin) and such other evidence related to the possession, sale, and/or distribution of such substances." The location given was 1121 Calvert Street. (The white-faced rowhouse structure in the photograph.)

A car parked in front of a buildingDescription automatically generated with low confidence

In the early morning hours of March 17th, two detectives and four uniformed officers served the warrant. The detectives knocked loudly on the front door of 1121 Calvert Street after directing two of the uniformed officers to cover the rear of the building from the back alley. The senior detective announced "Kim Johnson, this is the police. We have a warrant. We're coming in. "When there was no immediate response the detective directed one of the uniformed officers to "Kick it!" ...meaning he should forcefully enter the building.

Immediately upon entering the detectives realized that the rowhouse had been remodeled into two separate apartments. To their right was a locked door with painted lettering "1121A". Straight ahead was a flight of steps leading to another door on the second floor where the detectives could read "1121B". [ Note: It was common in this community to subdivide rowhouses into apartments, usually without authorization permits. The basement and ground floor for one tenant, and the upper floors for a second tenant. ]

The senior detective said, "You take this one; I'm going up." Both detectives, each accompanied with a single uniformed officer, banged on the doors again and announced again that they had a warrant. When there was no response, both apartment doors were forced and the police entered.

In 1121A (first floor) Detective Richard Newman discovered a loaded 9mm semiautomatic pistol in a bedroom nightstand. This weapon was seized. There was unopened mail on the kitchen table addressed to Rose Cutter. No other contraband was found.

In 1121B (second floor) the detective discovered a fist-size package of white powder from a butter container in the refrigerator. This was seized as suspected heroin. They also seized a computerized scale and numerous containers of glassine packets from a hall closet. Propped on a bedroom dresser was a valentine card inscribed inside "To Kim, Love, Casandra." On the floor of the kitchen was a gym bag with an ID tag that read "Return to Kim Johnson 334 Hastings Street Wetstone, TX."

In the alley Officers Carter and Stump were waiting to see if the search team needed any assistance when a red pickup truck pulled into the alley and stopped a few houses away. Weapons drawn, the officers approached and ordered the driver out of the truck. "Are you Kim Johnson?" Officer Stump asked. "I am." was the response."We have a warrant to search your house and your car." said Stump. You don't have to search it. Everything is in the house." Johnson said. "Well, you're under arrest and your car is blocking the alley so it's getting towed. I need to search and inventory the contents before the tow truck hauls it away." said the officer. During the inventory search Stump found a .38 caliber revolver in the glove compartment and $75,000 in case in a green garbage bag in the truck along with a police badge that had been reported stolen the previous week.

The second-floor apartment had a pull-down ladder to the roof. The officer and the detective also searched the roof area but found no other contraband. Before leaving, however, Officer James glanced over to the adjoining rooftop. There he saw what appeared to be a marijuana garden. "Can you believe that" James said to the detective. "Right here in plain sight." He hurried down the steps and hammered on the door of 1123 Calvert Street. When a woman opened the door he asked, "Are you the owner of this house?" When she answered that she was, he arrested her on the spot for production of a suspected controlled substance without a license. Plants in the rooftop garden were collected as evidence.

Downstairs Detective Newman was still searching the second bedroom when a woman entered the apartment and yelled "What's going on? Who are you people?" Newman replied, "We're police and we have a warrant to search this building. Sit down in that chair and don't move. Are you Rose Cutter?"She said she was. "Explain this." Newman asked, pulling the pistol out of the evidence bag. Suddenly sobbing Rose cried out, "That's the gun I used to kill my cheating husband. Take it. I don't need it anymore." She then sobbed, "Oh, Willie."

Back at the station, the detectives learn:

The white powder was, in fact, cocaine.

The plants growing on Maxine Willis' rooftop garden were marijuana.

A William (aka "Willie") Cutter was in the morgue awaiting autopsy. He had been found in the city reservoir with an apparent fatal gunshot to the forehead.

Assignment:

Holland wants you to:

Identify each item of physical and testimonial evidence.

For each, determine and describe in detail, if the item will be admissible at trial. If so, how so; if not, why not? Identify and explain the application of all appropriate legal principles, rules, etc.

9mm Pistol

.38 cal. Revolver

$75,000 cash

Cocaine

Police Badge

Marijuana

Kim Johnson's valentine

Rose Carter's mail

Statement by Maxine Willis

Statement by Rose Cutter

Statement by Kim Johnson

Cite supportive resources in the narrative and with full citations on a separate References page