Legal Analysis in a Drug Case and Classmate reply

Part 1 Discussion – Legal Analysis in a Drug Case and Classmate reply 

Directions:

OVERVIEW

Dispatch receives an anonymous call reporting that a white male, approximately 6’0″ tall, thin build, wearing a green, long-sleeved shirt and black pants is standing at the corner of Broadway and Main Street in your city. The anonymous complainant says, “That man is a drug dealer” and immediately hangs up before the dispatcher can gather more information.

You respond to the location and see a male matching the description given by the anonymous caller. You walk up to the male, introduce yourself, and explain the nature of the call. The male denies being a drug dealer and says that he has never used or possessed drugs. You do not believe the male, place him under arrest, and search him incident to arrest. Inside his right front pants pocket, you locate a small plastic bag with suspect cocaine. You use the cocaine as evidence to support a search warrant for the man’s home, which is granted by a judge. The search of the home reveals additional cocaine.

The man is charged with drug charges based on evidence found during the arrest and of his home pursuant to the search warrant.

Initial Post

In your first post, submit by 11:59PM, Tuesday, April 23, address the following:

Identify and explain the standard of proof the officer needs to make the arrest.

Explain whether you feel the officer lawfully made the arrest.

  • Explain whether the officer conducted a lawful search of the man without a warrant.
  • If you find that the search of the man was lawful, what exception to the warrant requirement applies?
  • If you find that the search of the man was unlawful, what is the impact on whether the evidence is admissible in court?
  • Explain whether the fruit of the poisonous tree doctrine applies in this case.
  • Is there an exception to the fruit of the poisonous tree doctrine? Explain.
  • Reply Post
  • In your reply post, submit by 11:59PM, Saturday, April 27, address the following:
Discuss if you agree or disagree whether the officer made a lawful arrest

Explain whether you agree with the student’s opinion on whether search following arrest was lawful

Explain whether you agree or disagree with the student’s discussion whether the fruit of the poisonous tree doctrine applies and/or any exceptions

  • If you do not agree with any comments by the other student, provide an alternative explanation regarding the application of the fruit of the poisonous tree doctrine and/or exceptions to the Fourth Amendment.Part 2 Assignment – Motion to Suppress in the Case of Officer Duante Smith
  • Scenario
    Patrol officer Duante Smith is dispatched to a loud noise complaint at an apartment in an area known for high narcotic activity. Officer Smith is also aware that undercover narcotics detectives have been conducting surveillance on this same apartment, and a male who frequents the apartment, who they have identified as Andrew Short.
    Patrol officer Duante Smith knocks on the apartment door. A woman answers the door, identifying herself as Sara Anderson. Officer Smith tells Anderson about the noise complaint. At that point, the narcotics detective walks up to the apartment, briefly stops to say hello to Officer Smith, then opens the apartment door and walks into the apartment. Upon entering the apartment, the narcotics detective sees a male sitting in a chair in the living room. The narcotics detective recognizes the man as Andrew Short, who he arrested in the past for drug charges. The detective starts questioning Short and asks him to stand up. The detective then reaches into Short’s back pants pocket, finding a plastic bag containing a white power substance. The detective also finds a handgun in the man’s waistband. The detective notices that the serial number on the gun has been altered.
    The detective arrests Short for possession of narcotics and possession of a firearm with an altered serial number. The white powder in the plastic bag tests positive for heroin.
    The drugs and weapons found on Short are used to obtain a warrant to search Short’s house where more heroin is found, leading to additional drug charges against Short.
    Short’s defense attorney files a motion to suppress the evidence found on Short and in his home. Instructions
    You are the judge that has been assigned to rule on the motion to suppress evidence. How will you rule? Answer the following questions. Prepare written answers to the following questions. Support your answers based on relevant landmark U.S. Supreme Court cases and on what you have learned from your textbook or course materials 
  • Explain whether the detective lawfully entered the apartment. If not, what amendment did the officer violate?
  • Explain whether the detective lawfully obtained the drugs from Short’s back pants pocket and the gun.

If the detective did not lawfully obtain the drugs from Short’s back pants pocket or the gun, is this evidence admissible in court against Short? Explain

Is the evidence found in the home admissible? Why or why not? Explain your answer.

Legal Analysis in a Drug Case and Classmate reply

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