What is a Search? Self-Quiz
Officer Brady
conducts an illegal search of Cartman’s home and finds crack cocaine
in his mother’s room. He also finds a book containing the names
of well-known townspeople who have given her money or drugs in exchange
for sex. Officer Brady arrests Chef Hayes, one of the people named in
the book, for soliciting prostitution. Later that day, Kenny approaches
Officer Brady with photocopies he made of the book earlier in the week.
Soon thereafter, Kenny is killed by an unknown assailant in retribution
for his act. Is the list of names excluded as evidence because of the
illegal search?
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Nick Nosy,
the neighborhood snitch, is a paid confidential informant. Although not
asked specifically to go looking for evidence, he knows exactly what the
cops want and will pay for. Late one night he sneaks into Mark’s
indoor marijuana garden and snaps some pictures on his digital camera
which he then sends to his favorite cop (the one who pays the most). Is
this a search which violated Mark’s Fourth Amendment rights?
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East Salem
in Hutman County New York is horse country, and large parcels of land
are common there. Elaine Marbeck owns a sizeable tract of land. Her house,
her garage, and a small guest house are nestled in the northwest corner
near a lake. In the northeast corner is the barn where the horses are
kept and fields which are used for feeding and training the horses. The
southern part of the property is unimproved land and largely goes unused.
Elaine’s son, Mark, decided that he will use the summer between
High School and college to grow marijuana on the southern lands. The DEA,
during a random helicopter sweep, identifies the marijuana, seizes it,
and arrests the entire Marbeck family. Elaine, protective mother that
she is, takes the blame for Mark’s crime. Can the marijuana be used
as evidence against her?
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The following
summer Dick, Mark’s older and supposedly wiser brother, decides
to use the same fields to grow marijuana. Since he was expelled from college
last year he has the time to construct a highly effective camouflage system
to prevent his marijuana from being spotted from the air. Dick’s
mother, Elaine, recently released from her “year off” and
not anxious to spend more time away from her horses tips off Sheriff Ruskoe
Dekoe Crane, who enters the land without consent (Mom still loves her
elder son) and without a warrant. When he comes upon the marijuana fields,
Sheriff Crane seizes the plants and arrests Elaine, as she’s the
most likely suspect given her prior criminal record. Elaine Hutman claims
the search and seizure were unreasonable. Is she correct?
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S. Kripke
is a loud-talker. He is also a suspected horse-thief. Julie, whose rare
white three-legged, short-nosed, tailless horse was stolen last week believes
she could recognize the voice of the man who coaxed the animal from the
barn, but she did not get a good look at him. Kripke is brought into the
local police station where in a room equipped with tape recorders he is
read his rights and asked if he understands. “Sure, I get it,”
he says, “and I’ll name names but only in the presence of
my attorney. Until then, I won’t say a thing.” In a voice-lineup
Julie picks out Kripke’s recorded voice as the voice of the perpetrator.
Can the recording and identification be used as evidence against Kripke?
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