Question
Detectives Jones has been leading a task force investigating John Smith for drug smuggling, and in the course of that investigation, officers conducted surveillance on
Detectives Jones has been leading a task force investigating John Smith for drug smuggling, and in the course of that investigation, officers conducted surveillance on Smith and his house. Police had learned that Smith did not go to a job but drove a BMW and that he visited various nightclubs each night. Through training with the Drug Enforcement Administration, Det. Jones knows that drug smugglers commonly use nightclubs both for distribution of drugs and for laundering money. Det. Jones provided all of the above information in an affidavit for a search warrant of Smith's house and car, and the magistrate signed the warrant. Although the warrant did not request waiver of the knock-and-announce requirement, Det. Jones got a SWAT team assembled for service of the warrant. It was served at 7:00 a.m., and the SWAT team made a dynamic entrance. Smith emerged out of a hallway with a handgun and shot one of the officers in the head and another in the arm before being shot in the shoulder. Paramedics arrived and took the wounded officer and Smith to the hospital, and crime scene technicians took photographs and collected other evidence at the direction of newly arrived homicide detectives. Once they could be sure they were no longer in the way of the homicide investigation, Det. Jones and his team executed the search warrant and found large amounts of heroin and cash in a safe in Smith's bedroom.After Smith was taken to the emergency room, homicide detectives read him the full Miranda warnings, but just as they finished, hospital staff took Smith to an operating room. After surgery, Smith was questioned. Officers reminded him of the Miranda warnings read earlier and Smith said he remembered. Smith then confessed to drug offenses as well as shooting the officers.
Explain how the law applies to the facts and answer which evidence (if any) should be suppressed or not. Discuss answer in three paragraphs.
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