Question
You are a police officer assigned to a task force that is investigating major drug trafficking operations in your jurisdiction. As part of the investigative
You are a police officer assigned to a task force that is investigating major drug trafficking operations in your jurisdiction. As part of the investigative process, a judge has issued a wiretap order for a suspect's phone. You are assigned the responsibility of monitoring phone conversations, and you overhear the suspect, as well as other individuals, who may or may not be involved in the drug ring. Before obtaining enough evidence to arrest and prosecute the suspect for drug trafficking, you hear evidence related to other types of criminal activity, including a murder plot. The officers continue to listen to the conversation about the murder plot and recover a firearm based on this conversation. The crime lab conducted ballistics testing and determined that the firearm was used in another murder case pending trial.
- You want to act on the information about the murder plot, but your original wiretap order or warrant does not cover that. The Fourth Amendment requires that you have a wiretap order or warrant to listen but only for the evidence written in that wiretap order. Will the doctrine of the exclusionary rule apply?
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