Question
Respond to the following case scenario with your interpretation of whether the defense can raise a motion to suppress an evidence issue. Explain in detail
Respond to the following case scenario with your interpretation of whether the defense can raise a motion to suppress an evidence issue. Explain in detail why or why not. Additionally, argue any legal points supporting your stance. Remember a motion to suppress evidence generally involves an allegation that the state or its agents, the police, violated a person's constitutional rights in some way to gather evidence against the person. Scenario: Jake Hanks is an informant who told Detectives McFarland and Jimenez that a large shipment of drugs was going to be arriving at a residence, 505 East 12th Street around 9 PM next Friday. Hanks believed there was going to be a party that night and the drugs would be distributed. The informant has been both reliable and unreliable, which gave the judge pause in signing a search warrant for that date at that location. No warrant was signed at this time. Detective Sergeant Baker arranged a unit operation where several detectives and officers (7) would conduct a "knock and talk" which is basically arriving in plain clothes, knocking on the door, and asking if they could talk to the occupants. Upon arrival at about 9:30 PM, Officers Kinze and Davis went to the front door to talk to the residents, while the rest of the detective unit stood down the street ready to assist if needed. The residents of the home on 12th Street could not see the other detectives. Kim Hall came to the door and opened it about 8 inches to answer the knocking. The officers identified themselves by name and showed a badge, asking Kim if they could come in. Kim was very high and swung the door wide open. Officers Kinze and Davis observed a large pile of suspected marijuana and 2 suspected bricks of white powdery substance on the coffee table. An overwhelming smell of marijuana was evident to the two detectives. Two subjects were smoking an unknown substance from what appeared to be a bong. Several voices inside yelled, "It's the cops!". Kim Hall attempted to shut the door, however, Officer Kinze placed her foot in the door. Simultaneously, Officer Davis called for backup. Detectives surrounded the place and arrested two persons. David Sinch (21 years old) and Cletus Bunker (24 years old), renters of the home, were arrested by the team. The two persons were charged with felony possession of narcotics and trafficking controlled substances. Kim Hall and other guest occupants at the time were minors (under the age of 18) and were not charged. Their parents were called to retrieve them. Other charges are pending further investigation regarding the minor activity.
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