Question
Two undercover police officers observed three young men conversing on the corner of 6th and Euclid Streets near Howard University in Washington, D.C. Acting on
Two undercover police officers observed three young men conversing on the corner of 6th and
Euclid Streets near Howard University in Washington, D.C. Acting on a hunch that a drug
transaction might be occurring, the officers approached the men and asked them what they were
doing. One of the men, Akeem, mumbled something that the officers could not understand.
Akeem then turned around and walked toward a bicycle that was nearby, got on the bike, and
pedaled away. The officers at the scene radioed to a third officer about the direction in which
Akeem was biking. The third officer stopped Akeem at a nearby street corner. The officers
frisked Akeem and pulled a gun from his waistband, and then arrested him for firearm violations.
They never gave him any of his Miranda rights.
The second of the three men on the corner, Baker, answered questions from the police, and then
informed them that he had a class to attend and that he had to go. One of the officers noticed that
Baker threw a brown paper bag in the trash can before he entered the School of Business. When
the officers on the scene received notice about Akeem's arrest, they entered the School of
Business, found Baker in the library and illegally searched him. Finding nothing, they departed.
On the way out, however, the officers retrieved the brown paper bag from the trash can, opened
it, and discovered that it contained small baggies of methamphetamine, an illegal substance. The
police reentered the library and arrested Baker on a narcotics violation.
Connor, the third man on the corner, walked away and was not arrested. When Akeem was
arrested, however, Akeem informed the police that Connor was a "major drug dealer" and told
them where he lived.
1.
Does Akeem have any rights under the Fourth Amendment to suppress the gun as
evidence against him? Why or why not? Explain.
2.
Discuss the legality of the interaction between the police and Baker. Will Baker have any
rights under the Fourth Amendment to suppress the illegal drugs found in the paper bag?
Why or why not? Explain.
3.
Will Connor be successful in having Akeem's statement be suppressed as evidence
against him? Why or why not? Explain.
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