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24. As to the switchblade knife and the .45-caliber pistol, the suspect's motion to suppress should be
The suspect moves pretrial to suppress the use as evidence of the weapons seized by the police and of the statement he made.
The police knocked on the suspect's door and called out, «Police. Open up. We have a search warrant.» After a few seconds with no response, the police forced the door open and entered. Hearing noises in the basement, the police ran down there and found the suspect with a large brown suitcase and put handcuffs on the suspect. A search of his person revealed a switchblade knife and a .45-caliber pistol. The suspect cursed the police and said, «You never would have caught me with the stuff if it hadn't been for that lousy snitch Harvey!» The police then fanned out through the house, looking in every room and closet. They found no one else, but one officer found an Uzi automatic weapon in a box on a closet shelf in the suspect's bedroom. In addition to charges relating to the cocaine in the suitcase, the suspect is charged with unlawful possession of weapons.
One day, the police received reliable information that a large brown suitcase with leather straps containing a supply of cocaine had been delivered to the suspect's home and that it would be moved to a distribution point the next morning. The police obtained a valid search warrant to search for and seize the brown suitcase and the cocaine and went to the suspect's house.
The police had, over time, accumulated reliable information that a suspect operated a large cocaine-distribution network, that he and his accomplices often resorted to violence, and that they kept a small arsenal of weapons in his home.
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A is incorrect. On the contrary, the police officers acted properly in the execution of the search warrant and were allowed to search the suspect for any weapons upon his arrest.
B is incorrect. A suspect does not need to be informed that he is under arrest before a search incident to a lawful arrest can take place. In addition, whether or not the suspect received his Miranda warnings prior to the search is irrelevant to the search incident to arrest and the finding of physical evidence on his person.
D is incorrect. This is a misstatement of the standard for reviewing the constitutionality of the search in this case. The officers' reasonable belief that there are weapons present would not, without more, authorize the search of the suspect. The knife and the .45 caliber pistol were found on his person and were found pursuant to a search incident to arrest, so the suspect's motion to suppress these pieces of evidence should be denied.