Question
Spasmo Inc. is a company that conducts testing and inspections for homes while under the inspection process for purchase. In their inspections, Spasmo employees come
Spasmo Inc. is a company that conducts testing and inspections for homes while under the inspection process for purchase. In their inspections, Spasmo employees come onto the premise of a house that is for sale and does a number of tests, including, but not limited to termite, chemical trail and toxic waste.One day, Philips, a Spasmo employee was conducting tests at 1200 Douglas Drive, the home of Mary Shelly, who was selling her home to one Bram Stoker, pending successful inspection results.Philips notices while doing the inspection that there a number of silver spoons put together in a collection on a wall.Philips also collects silver spoons and notices that one of the spoons in the collection on the wall is one that he did not have.He approached Shelly about the spoon and offered to buy it.Shelly declined and said that she was going to keep the spoons as part of the decorations in the house which would be sold to Stoker.Philips, though disappointed, finished the inspection and left the premise. A week after the inspection results came back, Stoker backed out of the sale as the inspection showed there were chemical residues in the house that would need to be cleaned or alternatively the price would be lowered on the house.Furious at this turn of events, Shelly calls the police and indicates that there are several spoons missing the collection and indicates that Philips might have stolen the spoons.The police want to get a search warrant and if the spoons are found, arrest Philips.What would the police need to get the warrant and what would the prosecutor need to show to convict Philips of the crime?
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