Full access allows:
- Solve all tests online without limits;
- Remove all advertisements on website;
- Adding questions to favorite list;
- Save learning progress;
- Save results of practice exams;
- Watching all wrong answered questions.
65. Should the court grant the motion to suppress?
The man was indicted for cocaine possession. He has moved to suppress the cocaine as evidence on the ground that it was obtained in violation of the Fourth Amendment.
The officers obtained a valid arrest warrant for the man and went to his house to arrest him. The officers found the front door ajar and could hear a radio playing inside. They knocked on the door, identified themselves as police officers, and stated that they had a warrant. Getting no response, the officers entered the house. After the officers called the man's name several times and again identified themselves as police officers, the man emerged from the basement and was arrested. The officers went into the basement to look for the accomplice. They opened a closet door and found cocaine in plain view. They did not find the accomplice.
Police officers had probable cause to believe that a man had committed a series of armed bank robberies with an accomplice.
Comments (0)
There are no comments at the moment. If you found an error or think question is incorrect, tell everyone about it
Only signed in users can write comments
Signin
B is incorrect. As stated above, a search incident to arrest may include the area beyond the defendant's wingspan if the officers believe accomplices may be present. Here, the police went down into the basement and opened a closet, which is a place that an accomplice could have been hiding.
C is incorrect. The officers were validly in the home pursuant to an arrest warrant. The officers were justified in making a protective sweep to search for accomplices. This is a valid exception to the warrant requirement.
D is incorrect. The officers did not need probable cause to believe there was cocaine in the closet. They conducted a valid sweep for safety to search for an accomplice when they found the cocaine in plain view.