Question
Facts: Harold LaBarbera (known as Hoho to his friends) was driving his 2006 blue Toyota Priusdown Main St. in Cortland at 2:00 AM last August.
Facts:Harold LaBarbera (known as "Hoho" to his friends) was driving his 2006 blue Toyota Priusdown Main St. in Cortland at 2:00 AM last August. Harold was wearing a navy windbreaker with an interlocking NY on the front (the logo for the NYYankees baseball team).Harold has worked as a forklift driver for Lohse's Lumber for six years.As a forklift driver, he does not have to dress up for work, so Harold was sporting long, unkempt hair, and had a scraggly beard.
At the intersection of Main and Willow Ave., he pulled up at a traffic light next to a Cortland City Police Officer. The officer recognized the car from a BOLO ("be on the lookout") and she activated her overhead lights, and pulled the car over.She took Harold into custody.The BOLO was from a series of burglaries where a suspect had used a crowbar to open windows to break into houses and apartments and had taken valuable electronics.
While being interviewed at the Cortland police station, two detectives went to the address that Harold had given the officer.They knocked on the door which was answer by a woman holding an infant, who identified herself as Sayre Franklin, Harold's sister.When asked she stated that it was her apartment but that her brother stayed there "from time to time."The detectives asked if they could come in and look around, and she said "sure, come on in" and offered them coffee, which they declined.
They looked around at the messy living room and kitchen, casually moving things but not looking very hard.Finally one detective said "Which room is Harold's?"Sayre then directed them to a bedroom with a closed door.She said "it's the guest room, but he is the usual guest" and she then opened the door.
On the wall the room had a large poster of Derek Jeter, the NY Yankee shortstop.There was a double bed and two dressers.There was no TV in the room.The detectives began to search very thoroughly until they got to the large, five-drawer oak dresser.They then asked if she minded if they open it, and she replied, "It's my dresser, but I let Harold use the top two drawers to keep his things in.I doubt he'd mind, so go ahead."They opened the drawers and found his clean underwear, socks and 16 I-phones in the top drawer, and clean tee-shirts, trousers,11 I-pads, 5 laptops, and a bag of jewelry in the other drawer.
They seized the contents of the of the dresser- clothes and what they suspect was stolen electronics and jewelry.After a brief investigation, they later discovered that the items all had Harold's fingerprints on them and that the property, other than the clothing, belonged to the victims of the burglaries.In all, they tied Harold to 21 different burglaries.
Harold's defense attorney has asked for the Judge to suppress (not allow as evidence at trial) the evidence in a pre-trial hearing.
Question:Should the judge allow this evidence at trial or suppress it? Was the way the evidence was found legal or did it violate Harold's rights?
Please details of the explanation is required. I want to understand it and attach the references. Thanks!
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