Question
Police suspected that Donnell Watson was selling marijuana from a room at the Seaside Motel. Police officers concealed in an unmarked police van in the
Police suspected that Donnell Watson was selling marijuana from a room at the Seaside Motel. Police officers concealed in an unmarked police van in the parking lot near the motel room's door saw people arrive and park in the parking lot, knock on the room's door, enter for a short time, then leave and drive away. When police saw Watson leave the room and drive away, they knocked on the door, announced their presence, and thoroughly searched the motel room when no one answered the door. They were shocked to find 100 pounds of marijuana stacked in bales in the corner. Watson has been charged with possession of 100 pounds of marijuana. Defense counsel has filed a motion to suppress the marijuana because the police had no warrant or exigent circumstances to conduct the search. The prosecution responds that the inevitable discovery rule would apply because a maid was scheduled routinely to clean the room within a few minutes after Watson left the area and would have informed the police of the marijuana cache, in accordance with motel policy about immediately reporting all illegal drug activity directly to the police. How should the court rule on the motion to suppress?
(A) The motion should be granted because the search was incident to a search without probable cause or a warrant.
(B) The motion should be denied because of the exigent circumstances that someone may have been in the room destroying important evidence.
(C) The motion should be denied because the drugs would have inevitably been discovered by police when the maid cleaned the room according to the motel rules that dictated the room be cleaned a few minutes after a guest (such as Watson) left at that time of day and the police be notified immediately of all illegal drug activity at the motel.
(D) The motion should be granted because Watson was not available to consent and the police did knock and announce their presence.
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