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First read the case: Walter Fernandez and his girlfriend, Roxanne Rojas, lived in an apartment with their two children, Randy, a fifth-grade elementary school student,

First read the case: Walter Fernandez and his girlfriend, Roxanne Rojas, lived in an apartment with their two children, Randy, a fifth-grade elementary school student, and Jerry, a sixth-grade middle school student. Walter was a convicted felon and had a hot temper. Child Protective Services made regular unannounced visits to the apartment. Even so, the family members had been getting along fairly well over the last few years. Randy and Jerry were BMX bike fanatics who were always trying out the latest tricks at the nearby skate park. Jerry, the more skilled of the two, regularly competed in local and regional competitions. The past weekend, Jerry won a new BMX bike as a prize in the regional competition. Randy emulated his brother and practiced as fiercely as Jerry did. On one of his last practice sessions, Randy crashed, resulting in bruises all over his arms and legs and even more scrapes to his BMX bike. The relationship was not so amicable between the family and Nosy Neighbor, who occupied an apartment directly above the family. The apartment building contained six units, two on each of three floors. The family had chosen a ground floor apartment so that the boys could easily wheel their BMX bikes around the building and store them on the patio. Even though the patio was on the ground floor, it was elevated to give a view of the pasturelands behind the building. The two second-floor apartments shared a nice wooden balcony, as did the two third-floor apartments. The view was even better from the top two floors and many residents spent time relaxing on the patios and balconies. Some residents furnished their outside areas with chairs and tables and discouraged entrance from uninvited individuals by cordoning off their half of a patio or balcony with a movable bamboo screen. A wooden staircase easily permitted residents access from the first floor patio area to the second- and third-floor balconies. The sound of loud music and heavy footsteps coming from Nosy Neighbor's apartment late at night was bothersome to the family; the family had complained to the apartment manager, but their complaints seemed to go nowhere. In turn, Nosy Neighbor was always complaining about Randy and Jerry leaving their bikes blocking the staircase leading to Nosy Neighbor's apartment. Nosy Neighbor knew that Walter was a convicted felon and was, therefore, more susceptible to getting in trouble by someone contacting law enforcement. Nosy Neighbor was suspicious of some type of illegal activity going on in the family's apartment because Walter had blacked out the windows adjoining the patio. Randy's teacher noticed his bruises and suspected child abuse. The teacher reported the suspicion to the authorities. This time, a police officer accompanied the individuals from Child Protective Services on a visit to the family's apartment. Finding no one home, the officer proceeded to walk around the apartment building to the patio. There the officer found Jerry's brand new bike in pristine condition. The officer mistakenly assumed that the bike was the one belonging to Randy and was puzzled why the bike's condition did not support Randy's story of a bad spill at the skate park; that made the officer more certain that Walter had been abusing Randy. The officer took pictures of what he had found. Child Protective Services made notes of the officer's findings and decided to return to the apartment later. Unbeknownst to them, Randy and Jerry were practicing their tricks at the skate park. Jerry had left his new BMX bike on the patio to avoid scraping it in practice. That night, the noise from Nosy Neighbor's apartment was so loud that Walter took a broom handle and knocked loudly on the ceiling. The noise seemed to die down briefly. What Walter did not know was that Nosy Neighbor was calling to complain about Walter to the police. Nosy Neighbor told the police that Walter was in one of his wild moods, yelling at the top of his lungs at Roxanne and the two children and threatening to harm them. Three police officers responded to the call and heard what they thought were children screaming and someone yelling. When they knocked on the apartment door, Roxanne answered, looking frightened. The officers asked her to step out of the way so that they could conduct a protective sweep. The officers entered the apartment and found that Randy and Jerry were yelling, but apparently at each other, and Walter was trying to calm them down. The officers did find that someone had been smoking marijuana on the patio earlier. The officers arrested Walter because of the suspicion that he had been smoking marijuana and had been abusing Randy and Roxanne. This paragraph contains an explanation of the way in which the chart should be completed. In the first column of the chart, list facts that are similar when comparing the facts of the Fernandez fact pattern to either Thornton or Lange. List facts that differ in the second column. In the last column, quote the rule of law from either Thornton or Lange and state a conclusion for Fernandez. When analyzing Thornton, the conclusion will be either: The court would suppress the evidence the police officer gathered from the family's patio during the day; or The court would not suppress the evidence the police officer gathered from the family's patio during the day. When analyzing Lange, the conclusion will be either: The police officers were justified in entering the family's apartment and arresting Walter because of exigent circumstances; or The police officers were not justified in entering the family's apartment and arresting Walter because of exigent circumstances. Remember the doctrine of stare decisis. If the case you are using is mandatory authority and the facts are substantially the same as the Fernandez fact pattern, then the Fernandez fact pattern should be decided the same way as the case. If the facts are not substantially similar, then Fernandez fact pattern may be decided differently than the case

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