Question
Ricky, 35, has been running a fraudulent online business offering legal assistance to immigrants seeking to obtain lawful permanent resident (green card) status in the
Ricky, 35, has been running a fraudulent online business offering legal assistance to immigrants seeking to obtain lawful permanent resident ("green card") status in the U.S. Apart from Ricky not being a licensed attorney or otherwise authorized to provide legal services, the business is merely a scheme to defraud customers of their money under the false promise of immigration benefits. After a lengthy investigation, the FBI obtains an arrest warrant for Ricky for wire fraud. After surveilling Ricky for some time, the FBI determines he is currently staying at his mother's. When the FBI arrives at Ricky's mom's house, Ricky quickly surrenders without incident. The FBI agents then search Ricky's mother's house, over her vigorous objections, repeatedly telling the agents they are not allowed to search and to stop immediately. During the search, agents find evidence throughout the house that Ricky's mother has been trafficking cocaine, including bags of cocaine in her freezer and bedroom dresser drawers, and scales, baggies, and other packing materials on the kitchen counter. They then arrest Ricky's mom based on this evidence. Later, in a pre-trial motion, Ricky's mom seeks to exclude the evidence seized at her home as obtained in violation of the constitution.
Please analyze this fact pattern and evaluate the likelihood that Ricky's mom will be successful in her motion to exclude the evidence. For your response, please provide complete analysis of all the relevant issues. Please explain in detail why you believe she will have her motion granted or dismissed. Your response should include outside research in addition to the textbook and class materials. Please cite sources in support, using Bluebook format.
In addition to your initial response, please provide substantive responses to at least three classmates. Please refer to the discussion rubric for more details.
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