Question
Investigator Lockemup is called out to a murder scene. The location is a private residence. Upon arrival, Lockemup is briefed about what is known about
Investigator Lockemup is called out to a murder scene. The location is a private residence. Upon arrival, Lockemup is briefed about what is known about the murder. The suspect came home and was upset about something. The two children, who are less than six-years-old, were told by the suspect to go to their room and play. The one child said that he heard Mama and Daddy arguing and then heard a gunshot. The suspect is the person who called 911, reporting an accidental shooting and requesting an ambulance. The female was dead on the kitchen floor when paramedics and police arrive. She had a gunshot to her right temple that exited through the top of her head. The suspect told the initial officer that he was taking the gun out of his pocket and placing it on top of the refrigerator. The suspect says this is his regular storage place where the kids can't reach it. He said that he was lifting the gun up and it just went off, striking his wife in the head. The officers ran the suspect's name through the database and determined that he has a prior conviction of violence and cannot be in possession of a firearm. They arrested him for felon in possession of a firearm and have taken him to the station. Lockemup walks through the entire residence to see if there are any other adults there. He sees a dresser drawer not completely closed and decides to open the drawer to see what is inside. He sees a holster that would fit the size of gun that was fired. He also sees a box of ammunition. He collects this evidence to dispel the suspect's statement that he regularly stores the firearm on the top of the refrigerator. He also collects the shell casing from the floor in the kitchen and swabs the blood on the kitchen floor. He looks in the kitchen closet and finds a sawed-off shotgun propped in the corner. He seizes that as well and adds a count to the suspect's arrest report for possession of a sawed-off shot gun. Discuss the seizure of each piece of evidence and whether any Fourth Amendment violations occurred.
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