Question
You are an Assistant District Attorney. The Defendant is charged with receiving stolen property. She is challenging the police's search and seizure of a handwritten
You are an Assistant District Attorney. The Defendant is charged with receiving stolen property. She is challenging the police's search and seizure of a handwritten note she posted on the front door of her apartment. The note advertised the sale of a car and listed the Defendant's name and phone number. The Defendant knew the car was stolen. The police seized the note in order to prove that the Defendant possessed the stolen car, an element of the offense. The Defendant claims that the police violated her Fourth Amendment right against unreasonable searches and seizures. Your research revealed the following opinions:
Case A: The Defendant cannot challenge the government's seizure of garbage that he discarded for collection. Under the Fourth Amendment, the Defendant had no reasonable expectation of privacy with respect to the garbage. To challenge a search and seizure under the Fourth Amendment, a Defendant must have a reasonable expectation of privacy concerning the place searched or the object seized.
Case B: Police dogs smelled the Defendant's luggage in an airport and found drugs.
The smell of the Defendant's luggage in the public airport, however, did not violate his Fourth Amendment right. The Defendant did not have a reasonable expectation of privacy concerning the smell of his luggage, because anyone in the airport could have smelled it.
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