Question
Officer Friendly suspects that Bob, bald guy in his 60s, is dirty. He's got no independent evidence to support this, just has that feeling. He
Officer Friendly suspects that Bob, bald guy in his 60s, is "dirty." He's got no independent evidence to support this, just has "that feeling." He gets out of his car and approaches Bob, and Bob runs into his house. The officer kicks open the door and sure enough, there's a bag of marijuana in plain view on the kitchen table. He arrests Bob, and Bob goes to jail.
On his way out the door, he notices a 10-bag bundle of heroin on the sidewalk outside Bob's house. A neighbor says that as Bob was running, he dropped the bundle there - but Officer Friendly never saw it actually happen. He obtains a sworn statement from the neighbor and adds the heroin charge to the case.
How could you defend or prosecute the individual? How would you address the seizure elements present in this case? Some things to consider are:
- The officer approaching Bob.
- The officer kicking open the front door and going in after Bob after seeing Bob run.
- The officer seizing the marijuana in plain sight on the table.
- Bob allegedly dropping the heroin - voluntary abandonment, or coerced by police misconduct?
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