Scenario 3-Hot Pursuit of a Fleeing Misdemeanor Suspect

1. Officers were patrolling the local shopping center when they noticed a baby who was left unattended in the backseat of an SUV. The weather on that day was 90 degrees. Just as the officers were about to approach the vehicle, the mother ran out of the local CVS, started the vehicle, and headed down the street. The officers followed the vehicle and turned on their lights shortly thereafter. Instead of stopping, the mother turned into a driveway, entered the open garage, and immediately closed the garage door.

Officers followed the vehicle and were able to run into the garage prior to the door's closing. Upon entering the garage, officers noticed an automatic weapon or a machine gun in the corner of the garage that they immediately recognized as being a prohibited weapon. The driver has been charged with a Class C misdemeanor for leaving a child unattended in a vehicle and possession of an illegal weapon, a Class D felony. The mother/defendant has filed a motion to suppress arguing that the officer had no right to enter her home without a warrant and that the plain view doctrine does not apply to the discovery of the weapon because the officers illegally entered the garage in the first instance.

Using the cases of Lange v. California, 594 U.S. ___ (2021), and Arizona v. Hicks, 480 U.S. 321 (1987), analyze and discuss the following:

• Whether the officers had the right to enter the fleeing suspect's garage for a violation of the misdemeanor offense of leaving a child unattended in a vehicle?
• Whether the plain view doctrine allowed officers to seize the automatic weapon in the garage?
• Support your reasoning and answers to each question with the case law provided.