select and answer TWO of the following questions: 1, 2, 3A, 3B, or 4. No more than 10 answers to each question. First come, first served. Be sure to number your response to correspond with the correct numbered scenario.

1. Assume that the police believe Tony is filing false tax returns. Because the police do not have probable cause to obtain a search warrant for Tony's records, they decide to break into Tony's accountant's office. Upon entering the office, the officers open a file cabinet and discover mountains of evidence that Tony has been understating his income. Does Tony have standing to challenge the search of his accountant's office? Why or Why Not?
2. Assume that the police believe Tony is filing false tax returns. Because the police do not have probable cause to obtain a search warrant for Tony's records, they decide to break into Tony's accountant's office. Tony is present in his accountant's office during the unlawful break-in, waiting for his accountant to return from lunch. Upon entering the office, the officers open a file cabinet and discover mountains of evidence that Tony has been understating his income. Does Tony have standing to challenge the search of his accountant's office? Why or Why Not?
3. Jack Frost, a police officer in Minnesota, went to an apartment building to investigate a tip from a confidential informant. The informant said that he had walked by the window of a ground-floor apartment and had observed people putting white powder into bags. The officer looked in the same window through a gap in the closed blind and observed the bagging operation for several minutes. He then notified headquarters, which began preparing affidavits for a search warrant while he returned to the apartment building. A search of the apartment pursuant to a warrant revealed cocaine residue on the kitchen table and plastic baggies. Frost identified Able, Baker, and Carter as the three people he had observed placing the powder into baggies. The police later learned that while Able was the lessee of the apartment, Baker and Carter lived in Chicago and had come to the apartment for the sole purpose of packaging the cocaine. Baker and Carter had never been to the apartment before and were only in the apartment for approximately 2 hours. In return for the use of the apartment, Baker and Carter had given Able one-eighth of an ounce of the cocaine.

3A. You are the defense attorney for Baker and Carter. In a post-Rakas environment, what is your best argument that Baker and Carter have standing to contest the officer's search of the apartment (i.e., when he peeped into the window?)? Why or Why Not?

3B. You are the prosecuting attorney. In a post-Rakas environment, what is your best argument as prosecutor that Baker and Carter do not have standing to contest the officer's search?

4. Assume that a police officer orders Jill to empty her purse, which contains drugs that are controlled substances under state law. Upon emptying her purse, Jill tells Rick, who is standing nearby, to "take what is his" from the contents of the emptied purse. Rick immediately claims ownership of the controlled substances. Assume that Rick has only known Jill for a short time and has never had free access to her purse. Does Rick have standing to challenge the search of Jill's purse? Why or Why Not?