Question
The Desert Way Police Department is investigating the death of Marjorie, whom the coroner determined was killed with a sharp object. The investigation has focused
The Desert Way Police Department is investigating the death of Marjorie, whom the coroner determined was killed with a sharp object. The investigation has focused on Marjorie's next door neighbor, Jade, who had previously threatened Marjorie's life based on Jade's belief that Marjorie was having an affair with Jade's husband. The police have obtained a search warrant for Jade's house, authorizing them to search all interior rooms for any tangible evidence linking Jade to Marjorie's murder. When Officer Downing executes that warrant, Jade is vacationing in the Bahamas. In searching her bedroom, Officer Downing notices a trunk at the foot of her bed. Looking through the trunk Officer Downing discovers a diamond necklace similar to the one missing from Marjorie's home at the time of the murder. When Officer Downing moves the necklace to search deeper into the trunk, it's heart-shaped pendant turns over revealing an inscription with the name "Marjorie". Officer Downing seizes the necklace.
Continuing on to the back of the house, Officer Downing sees, through a glass sliding door, a set of pruning shears outside on the patio. In the sunlight, Officer Downing notices that the shears appear to have dried blood on them. He seizes them. As expected, the blood is Marjorie's, as is the diamond necklace. When Jade files a motion to exclude the shears, it is granted in her favor.
While patrolling I-20, Officer Hawkeye noticed a car weaving in and out of its lane erratically. He pulled the car over. When the driver, Stan Tippler, fooled down his window to ask Officer Hawkeye why he had been stopped, Officer Hawkeye immediately smelled alcohol on his breath. After Tippler failed the breathalyzer test, Officer Hawkeye a arrested him for DWI.
Officer Hawkeye ordered Tippler out of the car and told him to stand by the rear of the car. Officer Hawkeye found a firearms under the passenger seat, marijuana in the glove compartment and cocaine in the trunk. He seized all three. Tippler's move to suppress the cocaine as a violation of his Fourth Amendment right against unreasonable search and seizure will prevail.
Betty Sharp calls the police when she sees a man climbing through a ground floor window in a house across the street. Officer Matthews responds to the call and sees a man running out of the neighbor's house carrying a television set. When Officer Matthews yells, "Police. Hold up", the man runs into Christy Bright's house, which is next door.
Officer Matthew's gives chase and enters the house, looking for the burglar. Officer Matthews opens a closet and does not find the burglar. But she does see a baggie labeled "marijuana". She seized it and continues her search. In the master bedroom , Officer Matthews finds the burglar crouched in the corner. She arrests him. When he stands up, she sees a baggie labeled "heroin" on the floor behind where he was hiding. She seizes it. Christy Bright was charged with heroin possession. She challenges Officer Matthews' warrantless search of her home. She'll likely lose
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